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The Sins of the Fathers: The Law and Theology of Illegitimacy Reconsidered New

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  • Format: Book
  • Published: 2009, Cambridge University Press
  • ISBN: 9780521839419
  • 226 pages
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For two millennia, Western law has visited the sins of fathers and mothers upon their illegitimate children, subjecting them to systematic discrimination and deprivation. The graver the sins of their parents, the further these children fell in social standing and legal protection.  While some reformers have sought to better the plight of illegitimate children, only in recent decades has illegitimacy lost its full legal sting.  Yet the social, economic, and psychological costs of illegitimacy still remain high even in the liberal, affluent West. 

After analyzing the shifting laws and logics of illegitimacy in the Western tradition, John Witte offers a trenchant critique of this historical doctrine and its renewed expression among neo-conservatives in church and state.  Illegitimacy doctrine, he argues, misinterprets several biblical texts and disregards cardinal Christian teachings of individual accountability and Christian community.  Illegitimacy law also betrays the first axiom of any democratic order, that all persons are created equal in dignity and vested with inherent natural rights.  There are no illegitimate children, only illegitimate parents, Witte concludes, and he presses for more responsible procreation of children and more comprehensive protection for all children, regardless of their birth status. (The Child in Law, Religion, and Society Project)

Endorsements

John Witte has done it again! demonstrates what his readers always expect from him: painstaking historical research, lucid presentation, plus jurisprudential and theological gravitas. But here we see even more: the profound humanity of this man, born of his familial experience, and revealed in the book's moving dedication, which gives us the leitmotif of his exceptional work.

Witte, one of the world's foremost thinkers on law and religion, has now produced this authoritative investigation of the often deeply disturbing history of illegitimacy in the Western world. It is not only grounded in rigorous scholarship and perceptive theology but also offers wise reflections on how civil responsibility, adoption and the institution of marriage might contribute more to the welfare of children today.

Why this author matters

John Witte, Jr. is one of the world's foremost scholars on legal history.

About the Author: John Witte, Jr.

John Witte, Jr. is Jonas Robitscher Professor of Law, Alonzo L. McDonald Distinguished Service Professor, and Director of the Center for the Study of Law and Religion Center at Emory University.  A specialist in legal history, marriage law, and religious liberty, he has published 180 articles, 11 journal symposia, and 23 books – including recently Religion and the American Constitutional Experiment (2000, 2d. ed. 2005); Law and Protestantism: The Legal Teachings of the Lutheran Reformation (2002); Sex, Marriage and Family Life in John Calvin’s Geneva (2005); Modern Christian Teachings on Law, Politics, and Human Nature, 3 vols. (2006); God’s Joust, God’s Justice: Law and Religion in the Western Tradition (2006); The Reformation of Rights: Law, Religion, and Human Rights in Early Modern Calvinism (2007); Christianity and Law: An Introduction (2008); and Sins of the Fathers: The Law and Theology of Illegitimacy Reconsidered (2009).  He has five books under contract.

Witte’s writings have appeared in 10 languages, and he has lectured and convened conferences through North America, Western and Eastern Europe, Japan, Israel, and South Africa.  With major funding from the Pew, Ford, Lilly, Luce, and McDonald foundations, he has directed 12 major international projects on democracy, human rights, and religious liberty, and on marriage, family, and children. These projects have collectively yielded more than 160 new volumes and 250 public forums around the world.  He edits two major book series, “Studies in Law and Religion,” and “Religion, Marriage and Family.” He has been selected 10 times by the Emory law students as the Most Outstanding Professor and has won dozens of other awards and prizes for his teaching and research.  

Witte is married to Eliza Ellison, a theologian and trained mediator.  They have two daughters: Alison Marie Witte, an anthropology and religion major at Emory University, and Hope McCormick Jarkowski, an Emory College and Catholic Law School alumna who practices law in Washington, DC.  Hope is married to Justin Jarkowski, and they are the proud new parents of Baylor Jarkowski.  Alison is Baylor’s godmother; Eliza and John are overly doting new grandparents. 

 

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