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