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/9780195372977.003.0006
- Subject:
- Law, Philosophy of Law
This chapter addresses several specific issues in light of the theories of property discussed in Chapter 4. First, it examines the theological and canonical relationship between the diocese and the ...
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This chapter addresses several specific issues in light of the theories of property discussed in Chapter 4. First, it examines the theological and canonical relationship between the diocese and the parish in terms of the ownership of property. Second, it recounts the 19th-century struggle of the Catholic Church to secure its parish property in accord with the hierarchical structure required by canon law in opposition to the congregational model embraced by many Protestant churches. Third, it discusses the relationship between canon law and state law with regard to ecclesiastical property and in particular the ways in which state law permits the Catholic Church to hold its property in accordance with canon law. Finally, the chapter considers antinomian and legalistic approaches to church property and their impact on the rule of law from the perspective of the secularization of Catholic institutions.Less
This chapter addresses several specific issues in light of the theories of property discussed in Chapter 4. First, it examines the theological and canonical relationship between the diocese and the parish in terms of the ownership of property. Second, it recounts the 19th-century struggle of the Catholic Church to secure its parish property in accord with the hierarchical structure required by canon law in opposition to the congregational model embraced by many Protestant churches. Third, it discusses the relationship between canon law and state law with regard to ecclesiastical property and in particular the ways in which state law permits the Catholic Church to hold its property in accordance with canon law. Finally, the chapter considers antinomian and legalistic approaches to church property and their impact on the rule of law from the perspective of the secularization of Catholic institutions.
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/9780195372977.003.0005
- Subject:
- Law, Philosophy of Law
This chapter lays the theoretical foundation for a discussion of the ownership of property in the Catholic Church. It presents a comparison of several seminal elements in the understanding of ...
More
This chapter lays the theoretical foundation for a discussion of the ownership of property in the Catholic Church. It presents a comparison of several seminal elements in the understanding of property in canon law and liberal political theory. The idea of property—its justifications, functions, and limitations—plays an important role in both canon law and liberal theory. Property is in essence the relationship between an individual, group, community, or state and it is a tangible or intangible thing. It includes not just real property, such as land and edifices constructed upon it, but also intangible acquisitions, as—to mention but a few examples—copyrights, trademarks, stocks, bonds, promissory notes, air rights, options for purchase, franchises, and government licenses for broadcasting. The focus here is on private property and its fruitful ownership.Less
This chapter lays the theoretical foundation for a discussion of the ownership of property in the Catholic Church. It presents a comparison of several seminal elements in the understanding of property in canon law and liberal political theory. The idea of property—its justifications, functions, and limitations—plays an important role in both canon law and liberal theory. Property is in essence the relationship between an individual, group, community, or state and it is a tangible or intangible thing. It includes not just real property, such as land and edifices constructed upon it, but also intangible acquisitions, as—to mention but a few examples—copyrights, trademarks, stocks, bonds, promissory notes, air rights, options for purchase, franchises, and government licenses for broadcasting. The focus here is on private property and its fruitful ownership.
