Is executive power above the law? Dr. Kincaid will contrast the resistance theory of Francisco Suárez, SJ, which describes the duty of the people to oppose a tyrannical ruler for the sake of the law, with the approach of Karl Schmidt, who argues that the ruler may be released from the law during the state of exception. Each approach can be considered “political theology” but what theological warrant can either claim? What does this support or rejection of the state of exception matter for our day?
Elisabeth Rain Kincaid, Ph.D., J.D., is Associate Professor of Ethics, Faith, and Culture at Baylor University's George W. Truett Theological Seminary, the Director of the Institute of Faith and Learning, and Affiliate Professor of Management at the Hankamer School of Business. Dr. Kincaid recently published Law from Below: How the Thought of Francisco Suárez, SJ, Can Renew Contemporary Legal Engagement (Georgetown University Press) which explores different models for Christian engagement with law.