Canon Law: A Comparative Study with Anglo-American Legal Theory

Hardcover | December 17, 2010

byJohn J. Coughlin

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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 canonlaw (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 inthe 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 incanon 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 Sevenraise 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 ruleof 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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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 canonlaw (antinomianism diminishes or denies the im...

Reverend John J. Coughlin, O.F.M., is a Franciscan Friar and Catholic priest. He presently serves as Professor of Law and Concurrent Professor of Theology at the University of Notre Dame. He holds a B.A. from Niagara University, an M.A. from Columbia University, a Th.M. from Princeton Seminary, a J.D. from Harvard Law School and a lic...

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Format:HardcoverDimensions:252 pages, 9.25 × 6.12 × 0.98 inPublished:December 17, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195372972

ISBN - 13:9780195372977

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Table of Contents

Preface and AcknowledgementsAbbreviationsIntroduction1. An Overview of Canon Law2. Canon Law and the Sexual Abuse Crisis: Antinomianism, Legalism, and the Failure of the Rule of Law3. Canon Law and the Sex Abuse Crisis Continued: The Consequences of the Failure of the Rule of Law4. Church Property: A Comparison of the Theories of Property in Canon Law and Liberal Theory5. Church Property Continued: The Diocese and Parish; Canon Law and State Law6. Indeterminancy in Canon Law: The Refusal of Holy Communion to Catholic Public Officials: Canon 915: "A Central Case"7. The Indeterminacy Claim Continued: Canon 915: "A Doubtful or Hard Case"?ConclusionBibliographyIndex