Church Law in Modernity: Toward a Theory of Canon Law Between Nature and Culture

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Church Law in Modernity: Toward a Theory of Canon Law Between Nature and Culture

By Judith Hahn
Cambridge University Press March 2019

Specifications

ISBN-13
9781108483254
Publisher
Cambridge University Press
Publication
March 2019
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

Natural law has long been considered the traditional source of Roman Catholic canon law. However, new scholarship is critical of this approach as it portrays the Catholic Church as static, ahistorical, and insensitive to cultural change. In its attempt to stem the massive loss of effectiveness being experienced by canon law, the church has to reconsider its theory of legal foundation, especially its natural law theory.

Church Law in Modernity analyses the criticism levelled at the church and puts forward solutions for reconciling church law with modernity by revealing the historical and cultural authenticity of all law, and revising the processes of law making. In a modern church, there is no way of thinking of the law without the participation of the faithful in legislation. Judith Hahn therefore proposes a reformed legislative process for the church in the hope of reconciling the natural law origins of church law with a new, modern theology.

Table of Contents

Introduction
1. Nature as a source of validity for religious law
2. Questions from a canonist's point of view
3. Canon law between nature and culture
4. Consequences for developing the law
5. Conclusion.
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