International Law Afloat on a Sea of World Religions
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About this ebook
George J. Gatgounis
George J. Gatgounis, a Harvard alumnus, is a published author, trial attorney, ordained minister, and seminary professor. A member of the Harvard Faculty Club, he formerly served as one of the editors of the Harvard Civil Rights Law Review, and the Harvard Journal of Law and Public Policy. As an active Harvard alumnus, he serves as the moderator of the Harvard Reading Club of Charleston, South Carolina. He serves at Cummins Seminary as Professor of Hebrew Bible, and Professor of Greek Septuagint (LXX), Greek New Testament, and Greek Classics. He is also a South Carolina Supreme Court certified civil court mediator, family court mediator, and civil arbitrator.
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International Law Afloat on a Sea of World Religions - George J. Gatgounis
International Law Afloat on a Sea of World Religions
Religion and Law Series, Volume Five
George J. Gatgounis
International Law Afloat on a Sea of World Religions
Religion and Law Series, Volume Five
Copyright ©
2022
George J. Gatgounis. All rights reserved. Except for brief quotations in critical publications or reviews, no part of this book may be reproduced in any manner without prior written permission from the publisher. Write: Permissions, Wipf and Stock Publishers,
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paperback isbn: 978-1-7252-6128-0
hardcover isbn: 978-1-7252-6129-7
ebook isbn: 978-1-7252-6130-3
version number 011022
Table of Contents
Title Page
International Law Afloat On A Sea Of Religion Ethics
Religions as Worldviews
Worldviews as Sources of Law
General Principles Common to Each Religion Examined
One International Deity
One International Community
One International Creator
Relations between Humankind on the Personal, Collective, and International Levels
The Golden Rule as a Social and International Ethic
The Principle of Social and International Peace
Giving Enjoined in Social and International Contexts
The Principle of Truth-Telling in Social and International Contexts
Confucian Influence on the Development of International Law
Confucianism’s International Goal
Confucianism’s Conception of World Community
Confucianism’s Conception of World Order
Hindu Influence on the Development of International Law
The Hindu Law of Maintaining Interstate Peace
The Hindu Law of War
The Hindu Law of Neutrality
The Christian Influence on the Development of International Law
The Foundational Contribution of Grotius
The Influence of Islam on the Development of International Law
The Quran as a Source of Law and Government
Spheres of Islamic Political Activism
The Delicate Balance Moderate Arab States Must Follow in Foreign Policy
A Focus on Shiite Activism
A Focus on the Role of Islamic Resurgence in the Foreign Policy of Qadhdafi
A Focus on the Iranian Revolution and Its Doctrine of International Expansion
The Impact of the Constitution of the Islamic Republic upon International Law
International Response to the Iranian Revolution
Conclusion
Bibliography
INTERNATIONAL LAW AFLOAT ON A SEA OF RELIGION ETHICS
Of the many books that have been written concerning the various areas of law, comparatively few are focused on international law, and even less on the ethical basis for international law. Popular thinking has developed a reasonable explanation for this omission, alleging that since there is no highest world court or legislature legally binding all the nations, international law, technically, does not exist. For law to be law, the law must be enforceable. There is no governing legislature or judiciary with a world police force.
This is a valid theory, of course, but issues of any real importance to human existence do not stay in the theoretical realm—for an issue to have relevance, it must have roots that are firmly planted in human experience. Human experience regarding international law is such that when confronted by acts of depravity on the part of a national government, an unofficial world court arises to offer judgment and non-existent laws grow teeth,
meaning world opinion, trade sanctions, international isolation, and military containment or conflict.
This work is striking in its boldness. Through writing it, Dr. George Gatgounis extracts himself from the serenity and comfort of mere theory to join us in the complicated and dangerous world in which we all reside. The depth of Dr. Gatgounis’ knowledge is astonishing, but what truly separates him from his contemporaries is his common-sense practicality. This book is an admonition that ignoring the ethical base of international law may turn us to amoral pragmatists, driven by mere expediency.
The Lord is high above all nations
(Psalm 113:4 ESV), and in accord with the propriety of that declaration, international law in the pre-17th-century Christian era derived from religious ethics. Dr. George Gatgounis, Esq. explores how religious ethics undergirded the development of international law, creating an ideal for the foundation for international conventions, customs, standards, and laws.
H. Wayne House
Religions as Worldviews
A particular state’s body of law presupposes some kind of worldview. Some worldviews are religious in character. The following religions, Confucianism, Hinduism, Christianity, and Islam, have philosophical systems which bear upon the formation of law, including international law. Now is the time to explore, in at least in a cursory manner, the contributions of Confucianism, Hinduism, Christianity, and Islam to the development of international law. Each of these philosophical systems provides ideological underpinnings for both domestic and international law.
Worldviews as Sources of Law
Worldviews are sources of law. The following worldviews explored have remarkable common ground. Various elements of these religions include some conception of deity, an ethic for interpersonal relations, and a vision for a world in conformity with their precepts. Each worldview, therefore, has as its ultimate goal the conversion of all nations to its principles. Each of the religions discussed promises world harmony, unity, and prosperity beyond what history has recorded if its tenets become personal, national, and international norms.
General Principles Common to Each Religion Examined
One International Deity
Various religions, including Islam and Hinduism, espouse a conception of deity which is universal. As the following prayers of Islam and Hinduism reflect, deity here is truly international in lordship. One Islamic prayer reflecting the conception of an international Lord reads as follows:
Praise be to God, the Lord of all
creatures; the most merciful, the king of
the day of judgment. Thee do we
worship, and of thee do we beg
assistance. Direct us in the right way, in
the way of those to whom thou hast been
gracious; not of those against whom thou
art incensed, nor of