Canon Law

A Comparative Study with Anglo-American Legal Theory

John Coughlin

    Research output: Book/ReportBook

    Abstract

    This book 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. It 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 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.

    Original languageEnglish (US)
    PublisherOxford University Press
    Number of pages248
    ISBN (Electronic)9780199871667
    ISBN (Print)9780195372977
    DOIs
    StatePublished - Jan 1 2011

    Fingerprint

    Comparative Study
    Anglo-American
    Canon Law
    Rule of Law
    Legal Theory
    Holy Communion
    Ownership
    Denial
    Sexual Abuse
    Legalism
    Theorists
    Indeterminacy
    Roman Catholic Church
    Political Theory
    Secularization
    Thought
    Threat
    Parish
    Antinomianism
    Historical Present

    Keywords

    • Antinomian approaches
    • Canon law
    • Holy communion
    • Legalistic approaches
    • Ownership of church property
    • Roman catholic
    • Rule of law
    • Sexual abuse crisis

    ASJC Scopus subject areas

    • Arts and Humanities(all)

    Cite this

    Canon Law : A Comparative Study with Anglo-American Legal Theory. / Coughlin, John.

    Oxford University Press, 2011. 248 p.

    Research output: Book/ReportBook

    Coughlin, John. / Canon Law : A Comparative Study with Anglo-American Legal Theory. Oxford University Press, 2011. 248 p.
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