Canon Law

A Comparative Study with Anglo-American Legal Theory

O.F.M. Coughlin John J. (Autor)

Buch | Hardcover

248 Seiten

2010
Oxford University Press Inc (Verlag)
978-0-19-537297-7 (ISBN)

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Canon Law: A Comparative Study with Anglo-American Legal Theory, by the Reverend John J. Coughlin, explores the canon law of the Roman Catholic Church from a comparative perspective. The Introduction to the book presents historical examples of antinomian and legalistic approaches to canon law (antinomianism diminishes or denies the importance of canon law, while legalism overestimates the function of canon law in the life of the Catholic Church). The Introduction discusses these approaches as threats to the rule of law in the Church, and describes the concept of the rule of law in the thought of various Anglo-American legal theorists. Chapter One offers an overview of canon law as the "home system" in this comparative study. The remaining chapters consider antinomian and legalistic approaches to the rule of law in light of three specific issues: the sexual abuse crisis, ownership of church property, and the denial of Holy Communion to Catholic public officials. Chapters Two and Three discuss the failure of the rule of law as a result of antinomian and legalistic approaches to the sexual abuse crisis. Chapters Four and Five compare the concept of property in canon law with that of liberal political theory; they discuss the ownership of parish property in light of diocesan bankruptcies, the relationship between church property and the law of the secular state, and the secularization of Catholic institutions and their property. Chapters Six and Seven raise the indeterminacy claim with regards to canon law and the arguments for and against the denial of Holy Communion to Catholic public officials. Although the three issues arise in the context of the United States, they raise broader theoretical issues about antinomianism, legalism, and the rule of law. Throughout the comparative study, American legal theory functions to clarify these broader issues in canon law. The concluding chapter offers a synthesis of this comparative study.

Reverend John J. Coughlin, O.F.M. , is a Franciscan Friar and Catholic priest. He presently serves as Professor of Law and Concurrent Professor of Theology at the University of Notre Dame. He holds a B.A. from Niagara University, an M.A. from Columbia University, a Th.M. from Princeton Seminary, a J.D. from Harvard Law School and a license, J.C.L., doctorate, J.C.D., in canon law from the Pontifical Gregorian University in Rome. He is the author of dozens of scholarly articles and a frequent speaker at academic conferences. He also serves as a Visiting Professor of Canon Law at the Gregorian University.

TABLE OF CONTENTS

PREFACE AND ACKNOWLEDGEMENTS

ABBREVIATIONS

INTRODUCTION

CHAPTER ONE:
AN OVERVIEW OF CANON LAW

CHAPTER TWO:
CANON LAW AND THE SEXUAL ABUSE CRISIS: Antinomianism, Legalism, and the Failure of the Rule of Law

CHAPTER THREE:
CANON LAW AND THE SEX ABUSE CRISIS CONTINUED: The Consequences of the Failure of the Rule of Law

CHAPTER FOUR:
CHURCH PROPERTY: A Comparison of the Theories of Property in Canon Law and Liberal Theory

CHAPTER FIVE:
CHURCH PROPERTY CONTINUED: The Diocese and Parish; Canon Law and State Law

CHAPTER SIX:
INDETERMINANCY IN CANON LAW: The Refusal of Holy Communion to Catholic Public Officials:
Canon 915: "A Central Case"

CHAPTER SEVEN:
THE INDETERMINACY CLAIM CONTINUED: Canon 915: "A Doubtful or Hard Case"?

CONCLUSION

BIBLIOGRAPHY

INDEX

Erscheint lt. Verlag	23.12.2010
Verlagsort	New York
Sprache	englisch
Maße	157 x 236 mm
Gewicht	499 g
Themenwelt	Geisteswissenschaften ► Religion / Theologie ► Christentum
	Recht / Steuern ► Allgemeines / Lexika
	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Öffentliches Recht ► Kirchenrecht
	Sozialwissenschaften ► Soziologie
ISBN-10	0-19-537297-2 / 0195372972
ISBN-13	978-0-19-537297-7 / 9780195372977
Zustand	Neuware