Document Type

Article

Publication Date

2015

Publication Information

47 University of Toledo Law Review 63 (2015)

Abstract

Recently, Professor Susan Martyn, who is honored in this tribute issue, contributed to a forthcoming volume on Lutheran theological views of secular law of which I am co-editor. Ever the professional, Professor Martyn expressed initial uncertainty about her ability to make a contribution to this volume without more theological expertise. Not to worry, Professor Martyn's prodigious work ethic and creative lawyering produced an insightful chapter entitled, "Can Luther Help Modem Lawyers Understand Fiduciary Duty?" As it turns out, she argued, Martin Luther can help modem lawyers because he understood the ancient roots of fiduciary law that lie at the foundation of modem legal ethics.

However, I want to argue Professor Martyn's Lutheran commitments have undergirded her scholarly writing all along, providing just a few examples of the many available to illustrate my claim. That is not to say, for the most part, that a reader of her impressive scholarly output on the subject of lawyers' ethics will find arguments that "Lutheran theology says the rules of ethics should be such-and-such" or that a certain rule violates "Lutheran" or "Christian" law or principles. In fact, that would not be a very Lutheran way to proceed due to Lutherans' understanding of the "two kingdoms doctrine" or God's "left-hand" and "right-hand" work, which I will discuss.

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