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John J Coughlin - One of the best experts on this subject based on the ideXlab platform.

  • Law, Person, and Community: Philosophical, Theological, and Comparative Perspectives on Canon Law
    2012
    Co-Authors: John J Coughlin
    Abstract:

    TABLE OF CONTENTS Preface and Acknowledgments Abbreviations Introduction I. Knowledge II. Law III. Person IV. Community V. An Overview of This Study Chapter 1 Canon Law and Anthropology I. Anthropology and the Foundation of Law II. Anthropological Characteristics A. Human Nature B. The Body C. The Soul D. Reason E. Affect F. Conscience G. Free Will H. Memory I. The Person as Social Being J. The End of the Human Person III. Conclusion Chapter 2 Canon Law and Theology I. Canon Law: Ordinance of Faith and Reason A. Biblical Anthropology B. Historical and Ontological in Canon Law C. Anthropology and Revelation D. Epistemology and Canon Law II. The Theological Justification of Canon Law A. Thomas, Luther, and Calvin B. Charism and Institution C. Communio and Canon Law III. Conclusion Chapter 3 Canon Law and Natural Law I. Human Nature as a Foundation for Law A. The New Natural Law Theory B. The Function of Natural Law in Canon Law C. The Relation Between Natural Law and Theology in Canon Law II. Classical and Modern Conceptions of Law and Reason A. The Classical Understandings of Law and Reason B. Law and Competing Modern Conceptions of Reason III. Conclusion Chapter 4 Canonical Equity I. Historical Development of Canonical Equity A. The Medieval Canonists B. St. Thomas and Suarez C. The Standard of Canonical Equity II. Canonical Equity in the Twentieth Century Codes A. Expressed Equity B. The Equitable Character of the Statute C. Unwritten Equity III. Historical Consciousness and the Objectivity of Canon Law IV. Conclusion Chapter 5 Development in Canon Law I. The Development of Canon Law and the Development of Doctrine A. Newman's Anthropological Analogy B. Papal Primacy 1. Sacred Scripture and Tradition 2. Head and Body 3. The CIC-1983 II. Fundamental Rights in the CIC-1983 A. The Meaning of Ius B. The Doctrine of Human Dignity and Human Rights Law C. The Natural Foundation of Human Rights D. The Theological Foundation of Human Rights III. A Comparison of Development in Canon Law with Positivism's Secondary Rules IV. Conclusion Chapter 6 Personalism in Marriage I. The Goods of Marriage II. The Classical Understanding of Marriage and Secularization A. The Medieval Theory of Marriage B. The Demise of the Classical Understanding III. The Development of the Personalist Perspective in Canon Law A. Personalism and Vatican II B. Jurisprudence of the Roman Rota IV. Conclusion Chapter 7 Canon Law and the Secular State I. Traditional and Modern Views of Church State Relations II. Anthropological Assumptions and the First Amendment A. Theological Anthropology B. Rationalist Anthropology III. The Catholic Schools and the First Amendment A. Schools and the One Best System B. Strict-Separationism C. Problems with Public Policy by Judicial Review IV. Conclusion Chapter 8 The Impact of Neutral Rules on Hierarchical Churches I. The Supreme Court's Neutral Rules Approach A. Judicial Deference to Hierarchical Churches B. Neutral Rules C. Problems with Neutrality II. Questions about the Impact of Neutral Rules on Hierarchical Churches A. The Secular Court's Competency Over Church Doctrine and Law B. Congregational v. Hierarchical Church Government C. Tort Liability for Essentially Religious Decisions D. Excessive Entanglement and Judicial Review E. Generally Applicable Law and Religious Freedom III. Conclusion Conclusion I. Law II. Person III. Community

  • Antinomianism and Legalism in Canon Law
    2011
    Co-Authors: John J Coughlin
    Abstract:

    The topic of this paper is “Antinomianism and Legalism in Canon Law.” The paper consists of four main parts. First, I describe what I mean by antinomian and legalistic approaches to Canon Law. Second, I discuss the sexual abuse crisis as a contemporary manifestation of antinomianism and legalism. Third, I explore the ownership of Church property as another contemporary manifestation of these approaches to Canon Law. Finally, I offer some generalizations about the impact of antinomianism and legalism on the life of the Catholic Church. This was the first of two talks given at the Conference for Civil and Canon Lawyers in La Crosse, WI, in August 2010.

  • Does Canon Law Count as Law? An Analysis Based Upon Anglo-American Legal Theory
    2011
    Co-Authors: John J Coughlin
    Abstract:

    A comparison of Canon Law with Anglo-American legal theory raises three basic and interrelated questions. Does Canon Law count as Law? Is Canon Law a system of Law? Does Canon Law represent the rule of Law? This article, which is derived from Canon Law: A COMPARATIVE STUDY WITH ANGLO-AMERICAN LEGAL THEORY (Oxford University Press 2011), suggests that Canon Law exhibits the essential characteristics of Law, a developed legal system, and the rule of Law. However, the article about Canon Law also indicates that several fundamental challenges present themselves from the perspective of Anglo-American legal theory. The first of these challenges concerns the requirements of procedural justice. The problem of procedural justice in Canon Law may be both structural (inadequate and ineffective legal structures) and attitudinal (a diminished respect for procedural justice by ecclesiastical authorities). A second challenge derives from the fact that theorists of Law of modern democracy often attribute a substantive justice to the rule of Law. Although the Catholic Church is not a democracy, the article discusses how the inner meaning of Canon Law may, nonetheless, communicate insight that endows Canon Law with legitimacy and binding force.

  • Canon Law a comparative study with anglo american legal theory
    2010
    Co-Authors: John J Coughlin
    Abstract:

    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.

  • Canon Law and the Clergy Sex Abuse Crisis: The Failure of the Rule of Law
    SSRN Electronic Journal, 2009
    Co-Authors: John J Coughlin
    Abstract:

    This article discusses antinomian and legalistic approaches to Canon Law. Specifically, it explores these approaches to Canon Law by ecclesiastical authorities in dealing with the sexual abuse of minors by Catholic priests in the United States. When Canon Law functions properly, it maintains the balance between Law and spirit in the life of the church. In the United States, the bishops' response to the problem of clergy sexual abuse of minors has combined antinomian and legalistic trends that have diminished the rule of Canon Law. If bishops had fulfilled their duty to abide by the rule of Law, especially in the cases involving clergy who are serial child abusers, they would have communicated to victims, clergy and all concerned that church authorities were taking appropriate steps to protect children. In hindsight, it is easy to see that the bishops' focus on the psychological approach to the exclusion of the Canonical has resulted in great injury. The clarity of hindsight, however, ought not result in blame and negativity but open the way for a more hopeful future. An important aspect of responding to the present crisis must entail re-commitment to the rule of Law. No Law or policy can eradicate sin from the fallen nature of the human situation, including that of the human beings who comprise the priesthood. The proper balance of Law and spirit, however, can dispose injured individuals and communities to retrieve a sense of justice that facilitates healing and forgiveness.

Peter D Clarke - One of the best experts on this subject based on the ideXlab platform.

  • Oxford Handbooks Online - Western Canon Law in the Central and Later Middle Ages
    Oxford Handbooks Online, 2018
    Co-Authors: Peter D Clarke
    Abstract:

    This chapter explores a significant period in the formation, teaching, and application of Canon Law. Firstly, it marked the emergence of a universal body of Western Canon Law which remained in force among Catholics down to 1917; and the chapter will survey recent scholarly debate about the development of this corpus of Canon Law. Secondly, universities appeared and established the systematic teaching and study of Canon (and civil) Law. Canon Law collections were often compiled in this milieu, and university teachers produced commentaries and other literature on this Law, which influenced how it was interpreted and applied in practice. Thirdly, regular church courts emerged across Western Europe as fora for settling disputes and prosecuting crimes that came under Canon Law. These courts formed an international hierarchy with the papal Curia at its apex, the highest ecclesiastical court of appeal, and stretching down to bishops’ and archdeacons’ courts at diocesan level.

  • western Canon Law in the central and later middle ages
    2018
    Co-Authors: Peter D Clarke
    Abstract:

    This chapter explores a significant period in the formation, teaching, and application of Canon Law. Firstly, it marked the emergence of a universal body of Western Canon Law which remained in force among Catholics down to 1917; and the chapter will survey recent scholarly debate about the development of this corpus of Canon Law. Secondly, universities appeared and established the systematic teaching and study of Canon (and civil) Law. Canon Law collections were often compiled in this milieu, and university teachers produced commentaries and other literature on this Law, which influenced how it was interpreted and applied in practice. Thirdly, regular church courts emerged across Western Europe as fora for settling disputes and prosecuting crimes that came under Canon Law. These courts formed an international hierarchy with the papal Curia at its apex, the highest ecclesiastical court of appeal, and stretching down to bishops’ and archdeacons’ courts at diocesan level.

Karl Shoemaker - One of the best experts on this subject based on the ideXlab platform.

  • Oxford Handbooks Online - Medieval Canon Law
    Oxford Handbooks Online, 2018
    Co-Authors: Karl Shoemaker
    Abstract:

    This chapter considers the historical development of medieval Canon Law. The term ‘Canon Law’ refers to the body of Law developed by the Catholic Church to govern the body of Christ on earth. In time, Canon Law came to designate the totality of Laws, legislation, judicial processes, and institutions promulgated by the Church and enforced by its officers upon Christians, and sometimes non-Christians. This chapter covers the successes of Canonists in consolidating their text base and laying the ground for an increasing professionalization of their discipline; the professional competition between Canonists and theologians, which emerged in part out of a divide between those who understood the Church as a pastoral institution and those that understood it as a rigorously hierarchical administrative entity; and the emergence of new legal practices.

  • When The Devil Went To Law School: Canon Law And Theology In The Fourteenth Century
    Crossing Boundaries at Medieval Universities, 2011
    Co-Authors: Karl Shoemaker
    Abstract:

    The professionalization of Canon Law, as well as its emergence as an autonomous discipline in the universities, was an important aspect of the sharp competition between theologians and Canonists for ecclesiastical appointments. By the early fourteenth century, the perception that Canonists were winning a disproportionate number of preferments from the papal curia was widespread. The status of the relationship between Canon Law and theology was pressing enough that theologians could pose the question whether Canonists or theologians were better equipped to govern the Church. Aspects of the theological account of the enmity between God and the devil gave the Canonists grounds for their claim to priority. Whatever squabbles divided Canonists and theologians, the devils Lawsuit provided the medium by which the troublesome relationship between justice and grace, and Law and power, was given one explanation in the fourteenth century. Keywords: Canon Law; Canonists; devil; fourteenth century; papal curia; theologians

John Witte - One of the best experts on this subject based on the ideXlab platform.

  • Review of R. H. Helmholz: ‘The Spirit of the Classical Canon Law’
    2001
    Co-Authors: John Witte
    Abstract:

    This work is a learned and lively account of the Law of the medieval Catholic Church and the hundreds of learned commentaries and texts on these church Laws, written by the jurists. R. H. Helmholz, leading historian of medieval Canon Law, reads these texts as a modern inquisitor who wants to know what his ancient brethren thought and taught about the most pressing legal questions of the day – concerning marriages and their dissolution, torts and their restitution, associations and their incorporation, and much more. His work shows both the diversity of ideas within the medieval Canon Law texts but also the sophisticated scholarly consensus that often emerged from their dialectical interaction. Helmholz’s volume is a brilliant guide to both the letter and the spirit of medieval Canon Law and viewed both as a living legal system in its day and as a critical scholarly resource for the Western legal tradition.

  • Canon Law in Lutheran Germany: A Surprising Case of Legal Transplantation
    2000
    Co-Authors: John Witte
    Abstract:

    This Article explores the surprising use of medieval Catholic Canon Law in the new Protestant civil Law of Lutheran Germany within a decade of Luther’s decision to burn the Canon Law books and reject papal authority. Inertia is part of the reason. Prior to the Reformation, the Canon Law was a vital part of the ius commune in which most jurists and theologians who had joined the Reformation cause were trained. In the heady days of revolutionary defiance of Pope and Emperor in the 1520s, it was easy for Protestant neophytes to be swept up in the radical cause of eradicating the Canon Law and establishing a new evangelical order based on the Bible alone. When this revolutionary plan proved unworkable, however, theologians and jurists invariably returned to a truncated version of the Canon Law and civil Law that they knew. Innovation is also part of the reason. Lutheran theologians after 1530 offered an innovative theory of the church that ultimately required church and state officials to use both biblical and Canonical rules and procedures to govern the polity, property, and clergy of the church. Lutheran jurists offered an innovative theory of the state and the sources of civil Law that ultimately saw much of the Canon Law as a quintessentially Christian and equitable Law that could be readily used in Lutheran lands, especially in the governance marriage and family, education and schooling, charity and welfare.

  • In the Steps of Gratian: Writing the History of Canon Law in the 1990s
    1999
    Co-Authors: John Witte, Charles J. Reid
    Abstract:

    The modern Western legal tradition owes a great debt to the medieval Canon Law of the Church, several new authoritative titles have shown. James Brundage’s Medieval Canon Law provides an efficient outline of the development of Western Canon Law from its apostolic beginnings till the sixteenth century. He deals particularly with the monumental influence of the 12th century shadowy figure named Gratian, the supposed compiler of the anchor text of Canon Law called the Decretum. John Noonan’s Canons and Canonists in Context rejects the common idea that Gratian was a monk or a bishop, and he questions whether Gratian authored the Decretum, particularly its influential texts on marriage. He shows that Paucapalea, a disciple of Gratian, may well have written a portion of the Decretum, too. Noonan also challenges the legend that Rolandus, Gratian’s famous commentator, was the same Rolandus that became Pope Alexander II. Jean Gaudemet’s Eglise et cite explores the contested relationships between medieval religious and political authorities, and their respective Canon and civil Law systems. This book is particularly effective in showing how medieval jurists resolved complex jurisdictional conflicts and issues of conflict of Laws. R.H. Helmolz’s, The Spirit of Canon Law analyzes closely how the medieval Canonists – on their own or in collaboration with the civil Lawyers – resolved intricate and enduring questions of public, private, penal, and procedural Law that are still relevant today. This Article offers an appreciative review of these four volumes, setting them in the context of the emerging historiography of the Law of the High Middle Ages.

Norman Doe - One of the best experts on this subject based on the ideXlab platform.

  • Obedience to Doctrine in Canon Law: The Legal Duty of Intellectual Assent
    The Denning Law Journal, 2012
    Co-Authors: Norman Doe
    Abstract:

    Interest in Canon and ecclesiastical Law has grown in recent years not least through the establishment in the Church of England of the Ecclesiastical Law Society (and its journal) in 1987.This has been, in part, a response to the need to promote the study of an aspect of church life that has undergone substantial development in the last thirty years. The period had seen the revision of the Church of England's Canons (in the 1960's), an increase in decisions of the ecclesiastical courts in the exercise of their faculty jurisdiction, and the very large body of legislation created by the General Synod since its reform in 1969 in so many areas, synodical government, clerical discipline, relations with other churches, the care of cathedrals, legal aid for ecclesiastical litigation and the continuing debate over the ordination of women. This period has also seen the re-structuring of many of the constitutions of national churches in the Anglican Communion and, very significantly, the revision in 1983 of the Code of Canon Law of the Roman Catholic Church and the revision in 1991of the Code of Canons of the Eastern (Catholic) Churches. The study of Canon Law has been neglected in British universities since it was banned at the Reformation in the sixteenth century. Though there is a compulsory study for those training for the Roman Catholic priesthood, Anglican ordinands in England and Wales receive no formal, comprehensive and systematic training in Canon Law, nor do practitioners of church Law, such as diocesan chancellors, diocesan registrars, and archdeacons. Standing as it does at the intersection ofLaw and theology, as an object of scholarship Canon Law commends itself thoroughly. The central areas of concern in Canon Law, the Law created by churches for themselves, the Law created by the state for the church (sometimes known as the public ecclesiastical Law) and according to some definitions the Law created by God for the church, might be viewed and analysed from so many perspectives. Indeed, one of the achievements of the Ecclesiastical Law Journal, of the Church of England, in recent years has been the analysis of church Law from the perspectives

  • Canon Law and communion
    Ecclesiastical Law Journal, 2002
    Co-Authors: Norman Doe
    Abstract:

    This paper deals, in an introductory way, with the role which the Canon Law of individual Anglican churches plays in the wider context of the global Anglican Communion. Part I reflects on the two main experiences which Anglicans have concerning ecclesial order and discipline: that of the juridical order of each particular church, and that of the moral order of the global communion; it also examines Canonical dimensions of inter-Anglican conflict. Part II deals with the contributions which individual Canonical systems, the Anglican common Law (induced from these systems), and the Canonical tradition currently make to global communion. Part III assesses critically these contributions, their strengths and weaknesses, illustrates the potential of individual Canonical systems for the development of global communion, and reflects on practical ways in which that potential might be fulfilled. Generally, the paper aims to stimulate discussion as to whether there exists a sufficient understanding of Anglican common Law to justify: (a) the issue, by the Primates Meeting, of a statement of this, being a description, which itself would not have the force of Law, of those parts of Anglican common Law which deal with inter-Anglican relations, (b) incorporation of the statement by individual churches in their own legal systems, so that (c) each church has a meaningful and binding body of communion Law. in order (cl) to enhance global communion and inter-Anglican relations, and to reduce the likelihood of inter-church disagreement.

  • The Principles of Canon Law: A Focus of Legal Unity in Anglican-Roman Catholic Relations
    Ecclesiastical Law Journal, 1999
    Co-Authors: Norman Doe
    Abstract:

    Form, content, location, origin and authority of principles of Canon Law and their potential for assisting in reconciliation of Anglican Communion and Roman Catholic Church.

  • English Canon Law: Essays in honour of Bishop Eric Kemp
    1998
    Co-Authors: Norman Doe, Mark Hill, Robert Ombres
    Abstract:

    Contents Foreword by the Archbishop of Canterbury Editorial Preface Bibliography of the Main Publications of Bishop Eric Kemp Robert Ombres Lanfranc, Anselm, and a New Consciousness of Canon Law in England Dr Gillian Evans, University of Cambridge. Lyndwood and the Canon Law: Ther Papal Plenitudo Potestatis and the College of Cardinals Monsignor Brian Ferme, Gregorian Pontifical University, Rome. The Canons of 1603: The Contemporary Understanding Professor Richard Helmholz, University of Chicago. The Strange Afterlife of the Reformatio Legum Ecclesiasticarum Gerald Bray, Professor of Anglican Studies at the University of Samford, U.S.A. Ecclesiology, Ecumenism and Canon Law Fr. Robert Ombres, Blackfriars, Oxford. Bishops: Anglican and Catholic Rt Revd Christopher Hill, Bishop of Stafford, Consecration, lus Liturgicum and the Canons Judge Rupert Bursell, QC, Chancellor of the Dioceses of Durham and St. Albans. Church and State in a Changing World Revd Thomas Glyn Watkin, Direcor of the Centre for Contemporary Civil Law Studies and Senior Lectrurer at the Cardiff Law School Ecclesiastical Quasi-Legislation Dr Norman Doe, senior lecturer at Cardiff Law School and director of the LL.M in Canon Law. Judicial Review of Ecclesiastical Courts Mark Hill, Barrister. Religious Education and Worship in State Schools David Harte, Senior Lecturer, Newcastle Law School, University of Newcastle. Establishment in its European Context Professor David McClean, Professor of Law in the University of Sheffield.