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Books > Law > Other areas of law > Ecclesiastical (canon) law
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Law, Person, and Community - Philosophical, Theological, and Comparative Perspectives on Canon Law (Hardcover, New)
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Law, Person, and Community - Philosophical, Theological, and Comparative Perspectives on Canon Law (Hardcover, New)
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Law, Person, and Community: Philosophical, Theological, and
Comparative Perspectives on Canon Law takes up the fundamental
question "What is law?" through a comparative study of canon law
and secular legal theory. Canon law is analogous to the concept of
law described by secular theorists such as Austin, Kelsen, Holmes,
and H. L. A. Hart. Consistent with the secular concept, canon law
aims to set a societal order that harmonizes the interests of
individuals and communities, secures peace, guarantees freedom, and
establishes justice. At the same time, canon law reflects a claim
about the spiritual end of the human person and religious nature of
community. The comparison of one of the world's ancient systems of
religious law with contemporary conceptions of law rooted in
secular theory raises questions about the law's power to bind
individuals and communities. For example, to what extent, does each
of the approaches to law reflect the theory of Austin which
understands law as a command given by the sovereign and backed by
the coercive power of the state? Or, as H. L. A. Hart suggested,
does law require an additional internal meaning that carries the
power to bind? If internal meaning is a necessary constituent to
law, how might religious and secular conceptions of it differ? In
addition to these questions, Law, Person, and Community asks the
fundamental question "What is law?" through a comparative study of
canon law and secular legal theory. This book also includes
comparative consideration of the failure of canon law to address
the clergy sexual abuse crisis, the canon law of marriage,
administrative law, the rule of law, and equity. Professor John J.
Coughlin employs comparative methodology in an attempt to reveal
and contrast the concepts of the human person reflected in both
canon law and secular legal theory.
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