Canon Law A Comparative Study with Anglo-American Legal Theory

Author: John Coughlin
Publisher: Oxford University Press USA
ISBN: 9780195372977
Published In: December 2010
Format: Hardback , 248 pages
Jurisdiction: U.S. ? Disclaimer:
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Provides an overview of canon law and in-depth analysis of certain contemporary issues
Canon law is the "home system" and Anglo-American legal theory functions as the comparative law counter example
Aids in understanding what went wrong in the clergy sex abuse crisis and its consequences and provides a context for its consideration as a very small part of the wider societal problem
Describes antinomianism and legalism in light of historical examples and contemporary manifestations
Aids in understanding the concept of the rule of law from a comparative legal perspective

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.

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 license, J.C.L., doctorate, J.C.D., in canon law from the Pontifical Gregorian University in Rome. He is the author of dozens of scholarly articles and a frequent speaker at academic conferences. He also serves as a Visiting Professor of Canon Law at the Gregorian University.