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Canon Law A Comparative Study with Anglo-American Legal Theory

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ISBN-10: 0195372972

ISBN-13: 9780195372977

Edition: 2010

Authors: John J. Coughlin

List price: $150.00
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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…    
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Book details

List price: $150.00
Copyright year: 2010
Publisher: Oxford University Press, Incorporated
Publication date: 12/3/2010
Binding: Hardcover
Pages: 252
Size: 6.46" wide x 9.49" long x 0.94" tall
Weight: 2.420
Language: English

John Coughlin is a Professor of Law at the University of Notre Dame. Prof. Coughlin served as professor of canon law of St. Joseph's Seminary in New York from 1994 to 2001. He also served the Archdiocese of New York as a judge in the Appeals Tribunal, as vicar of canonical and legal aspects of health care, and as a member of the boards of several Catholic hospitals and educational institutions. During the summer of 1998, Father Coughlin was a member of the delegation of the Holy See to the United Nations treaty conference that established the International Criminal Court.

Preface and Acknowledgments
Abbreviations
Introduction
Antinomianism and Legalism
Comparative Law and Anglo-American Legal Theory
Canon Law and the Rule of Law
An Overview of Canon Law
Examples of the Scriptural and Historical Origins of Canon Law
Via Negativa
The Juridical Form of Community, Sacrament, and Mission in the New Testament
Paul of Tarsus: Law and Spirit
The Council at Jerusalem
The Patristic Church of Northern Africa
The Medieval Canonists
Contemporary Canon Law and the Rule of Law
Twentieth-Century Codifications
Other Sources and Types of Canon Law
Legislative, Executive, and Judicial Power
Universal and Particular Law
Custom as a Source of Law
International Law
The Canonization of Civil Law
Liturgical Law
Canonical Equity, Dispensation, Exception, and Privilege
Canonical Equity
Dispensation, Exception, and Privilege
The Unity of Law and Theology
Canon Law and the Sexual Abuse Crisis: Antinomianism, Legalism, and the Failure of the Rule of Law
The Failure of Canon Law in Responding to Clergy Sexual Abuse Cases
Canonical Provisions for the Investigation, Adjudication, and Resolution of an Allegation of Clergy Sexual Abuse of a Minor
Statistical Evidence and Canon Law
Difficulties with the Canonical Process
The Failure of the Rule of Law: Antinomian and Legalistic Approaches
Antinomianism and Legalism during the Nineteenth Century
Post-Vatican II Antinomianism: The Psychological Approach
The Legalist Response
Canon Law and the Sexual Abuse Crisis Continued! The Consequences of the Failure of the Rule of Law
The Canonical Requirement of Celibacy and the Sexual Abuse of Minors
Clerical Celibacy: Witness to Faith or Threat to the Public Good?
The Sexual Abuse Crisis and American Anti-Catholicism
Canon Law and Theology
Original Sin and the Limitation of Law
Law and the Theology of Forgiveness
Priesthood as a State of Life
Antinomianism, Legalism, and the Nature of Canon Law
Church Property: A Comparison of the Theories of Property in Canon Law and Liberal Theory
Elements in Canon Law's Approach to Property
Anthropological Basis for Private Property
The Fall and Private Property
The Early Church
Medieval Theory
The Social Teaching of the Church
Property in Liberal Political Theory
Comparison of Catholic and Liberal Theories of Property
Church Property Continued: The Diocese and Parish; Canon Law and State Law
The Diocese and the Parish
The Unity of Law and Theology
Parish Property in Canon Law
Congregationalist v. Hierarchical Forms of Church Governance
Canon Law and State Law
The Harmony of State and Canon Law
The Relationship between Diocese and Parish in State Law
Antinomian and Legalistic Approaches to Church Property
Indeterminacy in Canon Law! The Refusal of Holy Communion to Catholic Public Officials: Canon 915: "A Central Case"
Canon 915 and Indeterminacy
The Rule of Recognition and the Internal Aspect of Law
The Rule of Recognition and Canon 915
The Internal Aspect of Law and the Application of Canon 915
The Open Texture of Law: A Central Case
The Plain Meaning
"Are Not To Be Admitted"
"Manifest Grave Sin"
"Obstinately Persists"
The Justifications for the Application of Canon 915
Effects of Canon 915
The Indeterminacy Claim Continued! Canon 915: "A Doubtful or Hard Case"
Doubt Regarding the Attribution of "Grave Sin" to the Public Official
Political Autonomy
Formal and Material Cooperation
Individual Conscience
Doubtful Law
Undue Interference in the Political Process Through an Arbitrary Application of Law
Political and Financial Threats to the Church's Social Teaching and Charitable Works
Sacramental Theology
Other Provisions of Canon Law
The Right to Receive the Sacraments
The Autonomy of Diocesan Bishop
Antinomianism and Legalism
Antinomianism
Legalism
Concluding Observations: Antinomianism, Legalism, and the Rule of Law
The Natural and Supernatural Ends of Canon Law
The Three Examples of Antinomianism and Legalism
Clergy Sexual Abuse
Church Property
Canon 915
General Conclusions about Antinomianism and Legalism
The Rule of Law: Comparison of Canon Law with Anglo-American Legal Theory
Does Canon Law Count as Law?
Canon Law and Coercive Power
Canon Law as Command
The Intellectus of Canon Law
Does Canon Law Constitute a System of law?
Does Canon Law Fulfill the Requirements oftheRuleofLaw?
Procedural Justice
Substantive Justice
Unjust Law
Indeterminacy of law
Conclusion
Bibliography
Index