John J. Coughlin
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195372977
- eISBN:
- 9780199871667
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372977.003.0001
- Subject:
- Law, Philosophy of Law
This introductory chapter first sets out the purpose of the book, which is to discuss the ways in which antinomianism and legalism have impacted on canon law as the rule of law in the Roman Catholic ...
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This introductory chapter first sets out the purpose of the book, which is to discuss the ways in which antinomianism and legalism have impacted on canon law as the rule of law in the Roman Catholic Church. Focusing on contemporary canon law, it examines several specific topics, including the sexual abuse crisis, the ownership of church property, and the refusal of Holy Communion to Catholic public officials. The chapter then treats some concepts that are basic to the study as a whole. First, it defines antinomianism and legalism in canon law and offers some historical examples of each. Second, it describes the meaning of Anglo-American legal theory, and discusses it in relation to comparative law. Finally, it poses a question about canon law as the rule of law in the church from the comparative perspective.Less
This introductory chapter first sets out the purpose of the book, which is to discuss the ways in which antinomianism and legalism have impacted on canon law as the rule of law in the Roman Catholic Church. Focusing on contemporary canon law, it examines several specific topics, including the sexual abuse crisis, the ownership of church property, and the refusal of Holy Communion to Catholic public officials. The chapter then treats some concepts that are basic to the study as a whole. First, it defines antinomianism and legalism in canon law and offers some historical examples of each. Second, it describes the meaning of Anglo-American legal theory, and discusses it in relation to comparative law. Finally, it poses a question about canon law as the rule of law in the church from the comparative perspective.
John J. Coughlin
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195372977
- eISBN:
- 9780199871667
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372977.003.0009
- Subject:
- Law, Philosophy of Law
This chapter offers a conclusive synthesis of the study. The first part identifies the natural and supernatural ends of canon law. The second part summarizes the examples of clergy sexual abuse, the ...
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This chapter offers a conclusive synthesis of the study. The first part identifies the natural and supernatural ends of canon law. The second part summarizes the examples of clergy sexual abuse, the ownership of church property, and the application of Canon 915. Based upon the three examples, it presents some general conclusions about antinomianism and legalism. The third part offers observations about canon law from the comparative perspective. It returns to the three basic questions posed in the Introduction about the nature of law, a legal system, and the rule of law. While primarily descriptive, the chapter also serves a prescriptive function. The comparison with Anglo-American legal theory not only clarifies the nature of canon law, but also suggests ways in which the system of canon law might more effectively fulfill the requirements of the rule of law.Less
This chapter offers a conclusive synthesis of the study. The first part identifies the natural and supernatural ends of canon law. The second part summarizes the examples of clergy sexual abuse, the ownership of church property, and the application of Canon 915. Based upon the three examples, it presents some general conclusions about antinomianism and legalism. The third part offers observations about canon law from the comparative perspective. It returns to the three basic questions posed in the Introduction about the nature of law, a legal system, and the rule of law. While primarily descriptive, the chapter also serves a prescriptive function. The comparison with Anglo-American legal theory not only clarifies the nature of canon law, but also suggests ways in which the system of canon law might more effectively fulfill the requirements of the rule of law.
- Published in print:
- 2008
- Published Online:
- June 2013
- ISBN:
- 9780804756594
- eISBN:
- 9780804787529
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804756594.003.0001
- Subject:
- Law, Philosophy of Law
This book is a study of two twentieth-century schools of American legal theory and their relationship—legal realism and critical legal studies (CLS). This chapter provides a brief history of the ...
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This book is a study of two twentieth-century schools of American legal theory and their relationship—legal realism and critical legal studies (CLS). This chapter provides a brief history of the legal realist movement, its emergence as a distinct movement in the 1920s and 1930s and how it formed the inspiration for the critical legal studies movement from the 1970s onward. It presents the central premise of the study: legal realism and CLS are not continuous bodies of thought. Finally, the chapter identifies three issues that help clarify this central premise of the study: historicism, social science and linguistic theory.Less
This book is a study of two twentieth-century schools of American legal theory and their relationship—legal realism and critical legal studies (CLS). This chapter provides a brief history of the legal realist movement, its emergence as a distinct movement in the 1920s and 1930s and how it formed the inspiration for the critical legal studies movement from the 1970s onward. It presents the central premise of the study: legal realism and CLS are not continuous bodies of thought. Finally, the chapter identifies three issues that help clarify this central premise of the study: historicism, social science and linguistic theory.
