Canon Law: A Comparative Study with Anglo-American Legal by John J. Coughlin O.F.M.

By John J. Coughlin O.F.M.

Canon legislation: A Comparative examine with Anglo-American criminal Theory, via the Reverend John J. Coughlin, explores the canon legislation of the Roman Catholic Church from a comparative standpoint. The creation to the ebook offers old examples of antinomian and legalistic techniques to canon legislations (antinomianism diminishes or denies the significance of canon legislations, whereas legalism overestimates the functionality of canon legislation within the lifetime of the Catholic Church). The creation discusses those methods as threats to the rule of thumb of legislation within the Church, and describes the idea that of the guideline of legislation within the considered quite a few Anglo-American criminal theorists. bankruptcy One bargains an summary of canon legislations because the "home method" during this comparative research. the remainder chapters examine antinomian and legalistic techniques to the guideline of legislations in gentle of 3 particular matters: the sexual abuse crisis, ownership of church property, and the denial of Holy Communion to Catholic public officials. Chapters and 3 talk about the failure of the guideline of legislation because of antinomian and legalistic techniques to the sexual abuse main issue. Chapters 4 and 5 evaluate the idea that of estate in canon legislations with that of liberal political idea; they talk about the possession of parish estate in gentle of diocesan bankruptcies, the connection among church estate and the legislation of the secular country, and the secularization of Catholic associations and their estate. Chapters Six and 7 bring up the indeterminacy declare on the subject of canon legislations and the arguments for and opposed to the denial of Holy Communion to Catholic public officers. even though the 3 matters come up within the context of the USA, they elevate broader theoretical matters approximately antinomianism, legalism, and the guideline of legislations. in the course of the comparative research, American felony conception services to elucidate those broader concerns in canon legislations. The concluding bankruptcy bargains a synthesis of this comparative examine.

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Eventually, the written glosses, commentaries, and summae began to take on an authority of their own. Although the classical Roman law was no longer the positive law of any state or polity, it exerted a significant influence on the development of the newly emerging system of canon law.

When one of you has a grievance against a brother, does he dare to go to the law before the unrighteous instead of the saints? Do you not know that the saints will judge the world? And if the world is to be judged by you, are you incompetent to try trivial cases? Do you not know that we are to judge the angels? 49 Despite his admonition about avoiding the Roman courts, Paul resorted to the secular law to protect himself from his enemies. 50 Paul’s travel to Rome served as the occasion of his second missionary journey, which proved significant to the spread of Christianity particularly among the Gentiles.

Hart Publishing 2004). 36. , Charles Lefebvre, Equity in Canon Law, in Equity in the World’s Legal Systems: A Comparative Study 93–109 (Ralph A. , Établissements Émile Bruylant 1973); Mary Ann Glendon, Abortion and Divorce in Western Law, American Failures, European Challenges (Harvard University Press 1987); Javier Martinez-Torron, Derecho angloamericano y derecho canónico, las raices canónicas de la common law (Facultad de Derecho Universidad Compultense 1991). 37. , Hart Publishing 2004). 38.

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