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Canon Law - A Comparative Study with Anglo-American Legal Theory (Hardcover)
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Canon Law - A Comparative Study with Anglo-American Legal Theory (Hardcover)
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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.
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