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E-raamat: Canon Law: A Comparative Study with Anglo-American Legal Theory [Oxford Scholarship Online e-raamatud]

(, Notre Dame Law School)
  • Formaat: 248 pages
  • Ilmumisaeg: 23-Dec-2010
  • Kirjastus: Oxford University Press Inc
  • ISBN-13: 9780195372977
Teised raamatud teemal:
  • Oxford Scholarship Online e-raamatud
  • Raamatu hind pole hetkel teada
Canon Law: A Comparative Study with Anglo-American Legal TheorySuurem pilt
  • Formaat: 248 pages
  • Ilmumisaeg: 23-Dec-2010
  • Kirjastus: Oxford University Press Inc
  • ISBN-13: 9780195372977
Teised raamatud teemal:
Wiley OnlineRohkem infot Oxford Scholarship Online e-raamatute kohta
Raamatu kodulehekülg: http://www.oxfordscholarship.com/view/10.1093/acprof:oso/9780195372977.001.0001/acprof-9780195372977
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.
Preface and Acknowledgments xiii
Abbreviations xvii
Introduction 1(16)
I Antinomianism and Legalism
3(3)
II Comparative Law and Anglo-American Legal Theory
6(4)
III Canon Law and the Rule of Law
10(7)
Chapter 1 An Overview of Canon Law
17(34)
I Examples of the Scriptural and Historical Origins of Canon Law
17(18)
A Via Negativa
18(3)
B The Juridical Form of Community, Sacrament, and Mission in the New Testament
21(3)
C Paul of Tarsus: Law and Spirit
24(2)
D The Council at Jerusalem
26(2)
E The Patristic Church of Northern Africa
28(3)
F The Medieval Canonists
31(4)
II Contemporary Canon Law and the Rule of Law
35(16)
A Twentieth-Century Codifications
35(3)
B Other Sources and Types of Canon Law
38(1)
1 Legislative, Executive, and Judicial Power
38(3)
2 Universal and Particular Law
41(1)
3 Custom as a Source of Law
42(1)
4 International Law
42(1)
5 The Canonization of Civil Law
43(1)
6 Liturgical Law
44(1)
C Canonical Equity, Dispensation, Exception, and Privilege
44(1)
1 Canonical Equity
44(2)
2 Dispensation, Exception, and Privilege
46(2)
D The Unity of Law and Theology
48(3)
Chapter 2 Canon Law and the Sexual Abuse Crisis: Antinomianism, Legalism, and the Failure of the Rule of Law
51(24)
I The Failure of Canon Law in Responding to Clergy Sexual Abuse Cases
52(13)
A Canonical Provisions for the Investigation, Adjudication, and Resolution of an Allegation of Clergy Sexual Abuse of a Minor
52(4)
B Statistical Evidence and Canon Law
56(2)
C Difficulties with the Canonical Process
58(7)
II The Failure of the Rule of Law: Antinomian and Legalistic Approaches
65(10)
A Antinomianism and Legalism during the Nineteenth Century
65(2)
B Post-Vatican II Antinomianism: The Psychological Approach
67(5)
C The Legalist Response
72(3)
Chapter 3 Canon Law and the Sexual Abuse Crisis Continued: The Consequences of the Failure of the Rule of Law
75(22)
I The Canonical Requirement of Celibacy and the Sexual Abuse of Minors
75(9)
A Clerical Celibacy: Witness to Faith or Threat to the Public Good?
75(6)
B The Sexual Abuse Crisis and American Anti-Catholicism
81(3)
II Canon Law and Theology
84(6)
A Original Sin and the Limitation of Law
84(1)
B Law and the Theology of Forgiveness
85(3)
C Priesthood as a State of Life
88(2)
III Antinomianism, Legalism, and the Nature of Canon Law
90(7)
Chapter 4 Church Property: A Comparison of the Theories of Property in Canon Law and Liberal Theory
97(18)
I Elements in Canon Law's Approach to Property
97(12)
A Anthropological Basis for Private Property
98(2)
B The Fall and Private Property
100(1)
C The Early Church
101(3)
D Medieval Theory
104(4)
E The Social Teaching of the Church
108(1)
II Property in Liberal Political Theory
109(3)
III Comparison of Catholic and Liberal Theories of Property
112(3)
Chapter 5 Church Property Continued: The Diocese and Parish; Canon Law and State Law
115(24)
1 The Diocese and the Parish
116(8)
A The Unity of Law and Theology
117(5)
B Parish Property in Canon Law
122(2)
II Congregationalist v. Hierarchical Forms of Church Governance
124(5)
III Canon Law and State Law
129(4)
A The Harmony of State and Canon Law
130(2)
B The Relationship between Diocese and Parish in State Law
132(1)
IV Antinomian and Legalistic Approaches to Church Property
133(6)
Chapter 6 Indeterminacy in Canon Law: The Refusal of Holy Communion to Catholic Public Officials: Canon 915: "A Central Case"
139(18)
I Canon 915 and Indeterminacy
141(4)
II The Rule of Recognition and the Internal Aspect of Law
145(6)
A The Rule of Recognition and Canon 915
146(3)
B The Internal Aspect of Law and the Application of Canon 915
149(2)
III The Open Texture of Law: A Central Case
151(6)
A The Plain Meaning
152(1)
1 "Are Not to Be Admitted"
152(1)
2 "Manifest Grave Sin"
152(2)
3 "Obstinately Persists"
154(1)
B The Justifications for the Application of Canon 915
155(1)
C Effects of Canon 915
155(2)
Chapter 7 The Indeterminacy Claim Continued: Canon 915: "A Doubtful or Hard Case"
157(16)
I Doubt Regarding the Attribution of "Grave Sin" to the Public Official
158(5)
A Political Autonomy
158(1)
B Formal and Material Cooperation
159(2)
C Individual Conscience
161(1)
D Doubtful Law
162(1)
II Undue Interference in the Political Process Through an Arbitrary Application of Law
163(1)
III Political and Financial Threats to the Church's Social Teaching and Charitable Works
164(1)
IV Sacramental Theology
165(2)
V Other Provisions of Canon Law
167(1)
A The Right to Receive the Sacraments
167(1)
B The Autonomy of Diocesan Bishop
168(1)
VI Antinomianism and Legalism
168(5)
A Antinomianism
169(1)
B Legalism
170(3)
Chapter 8 Concluding Observations' Antinomianism, Legalism, and the Rule of Law
173(26)
I The Natural and Supernatural Ends of Canon Law
173(2)
II The Three Examples of Antinomianism and Legalism
175(6)
A Clergy Sexual Abuse
175(1)
B Church Property
176(3)
C Canon 915
179(1)
D General Conclusions about Antinomianism and Legalism
180(1)
III The Rule of Law: Comparison of Canon Law with Anglo-American Legal Theory
181(16)
A Does Canon Law Count as Law?
181(1)
1 Canon Law and Coercive Power
182(1)
2 Canon Law as Command
183(1)
3 The Intellectus of Canon Law
184(2)
B Does Canon Law Constitute a System of Law?
186(5)
C Does Canon Law Fulfill the Requirements of the Rule of Law?
191(1)
1 Procedural Justice
191(2)
2 Substantive Justice
193(2)
3 Unjust Law
195(1)
4 Indeterminacy of Law
196(1)
IV Conclusion
197(2)
Bibliography 199(18)
Index 217
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.
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