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Legal Flexibility and the Mission of the Church - Dispensation and Economy in Ecclesiastical Law (Paperback)
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Legal Flexibility and the Mission of the Church - Dispensation and Economy in Ecclesiastical Law (Paperback)
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Legal scholars and authorities generally agree that the law should
be obeyed and should apply equally to all those subject to it,
without favour or discrimination. Yet it is possible to see that in
any legal system there will be situations when strict application
of the law will produce undesirable results, such as injustice or
other consequences not intended by the law as framed. In such
circumstances the law may be changed but there may be broad policy
reasons not to do so. The allied concepts of dispensation and
economy grew up in the western and eastern traditions of the
Christian church as mechanisms whereby an individual or a class of
people could, by authority, be excused from obligations under a
particular law in particular circumstances without that law being
changed. This book uncovers and explores this neglected area of
church life and law. Will Adam argues that dispensing power and
authority exist in various guises in the systems of different
churches. Codified and understood in Roman Catholic and Orthodox
canon law, this arouses suspicion in the Church of England and in
English law in general. The book demonstrates that legal
flexibility can be found in English law and is integral to the law
of the Church, to enable the Church today better to fulfil its
mission in the world.
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