Law and Protestantism: The Legal Teachings of the Lutheran Reformation

by John Witte Jr.

"The Lutheran Reformation catalyzed immense and far-reaching change in both Church and state and in both religious and secular ideas. This book investigates the transformation of law and theology born of Lutheran teachings of the sixteenth century. Profound changes in legal theory, political organization, marriage, education, and social welfare were inscribed in the legal and confessional systems of that period and have had an enduring effect on the modern Protestant world and beyond." John Witte, Jr. uses the "binocular" of law and theology to present a panoramic picture of the Lutheran Reformation as an integrated legal and theological movement that continues to influence modern institutions of public and private law, and modern ideas of liberty, equality, and dignity. His book should be essential reading for scholars and students of Church history, legal history, Reformation history, and in adjacent areas such as theology, ethics, law, anthropology, and history of ideas.

360 pages, Hardcover

First published May 15, 1998

About the author

John Witte Jr. (b.1959) is the Jonas Robitscher Professor of Law and Ethics, Alonzo L. McDonald Distinguished Professor, and Director of the Center for the Study of Law and Religion at Emory University (Atlanta, GA).

Professor Witte specializes in legal history, religious liberty, and marriage law.

Reviews

[StephenM · Rating 5 out of 5]

I made it about halfway through before it had to go back to a library in Indianapolis, but it's been fantastic so far. Witte is extremely good at outlining complex theological views and how they relate to legal and political issues. He has a handle on the theology that seems equal to the actual theologians I've read, and the same for the history. I haven't read any legal scholars on similar topics, but since that's his official expertise I assume he's great there, too.

Obviously this book isn't on a subject for everyone, and he packs a lot of content in per page, but he also writes at a level that any smart layman should be able to read. It's light on jargon, and most of what's there he takes the time to define. I definitely want to finish it if I can and read a couple other Witte books. (He's written dozens and edited scores more.)

[W. Littlejohn · Rating 5 out of 5]

This is a fantastic book by one of the greatest scholars of Protestant law and theology, who is extraordinarily rare in combining a thorough knowledge of and sensitive attention to the concerns of each field.
In it, he argues that the Lutheran Reformation's quick retreat from Luther's early condemnation of law in all of its forms, and its subsequent development of a distinctively evangelical paradigm of civil law, was not a betrayal of the Reformation, but a bolstering and enrichment of it. I agree with this basic thesis and find it convincingly argued.
In the first part of the book, Witte gives an admirable introduction to the theology and political thinking of Martin Luther. Then he surveys the development of rich traditions of legal and political reflection among Lutheran jurists in the 1530s-1550s, and how they envisioned the practical operation of a godly polity--this stream of Reformation political thought has been, so far as I know, almost entirely neglected up until now. Finally, he offers a series of chapters analysing how the new teachings impacted specific areas of life, such as marriage (many modern Protestants may be shocked at just how permissive the Reformers were on many questions related to marriage!). Each of these sections is valuable and fascinating--thorough without becoming tedious. Although this book is a lot to bite off for the casual reader, it is clearly-written enough and of general enough interest to appeal to more than just academics.