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Law, Person, and Community: Philosophical, Theological, and Comparative Perspectives on Canon Law

Autor John J. Coughlin
en Limba Engleză Hardback – 19 apr 2012
Law, Person, and Community: Philosophical, Theological, and Comparative Perspectives on Canon Law takes up the fundamental question "What is law?" through a comparative study of canon law and secular legal theory. Canon law is analogous to the concept of law described by secular theorists such as Austin, Kelsen, Holmes, and H. L. A. Hart. Consistent with the secular concept, canon law aims to set a societal order that harmonizes the interests of individuals and communities, secures peace, guarantees freedom, and establishes justice. At the same time, canon law reflects a claim about the spiritual end of the human person and religious nature of community.The comparison of one of the world's ancient systems of religious law with contemporary conceptions of law rooted in secular theory raises questions about the law's power to bind individuals and communities. For example, to what extent, does each of the approaches to law reflect the theory of Austin which understands law as a command given by the sovereign and backed by the coercive power of the state? Or, as H. L. A. Hart suggested, does law require an additional internal meaning that carries the power to bind? If internal meaning is a necessary constituent to law, how might religious and secular conceptions of it differ? In addition to these questions, Law, Person, and Community asks the fundamental question "What is law?" through a comparative study of canon law and secular legal theory. This book also includes comparative consideration of the failure of canon law to address the clergy sexual abuse crisis, the canon law of marriage, administrative law, the rule of law, and equity. Professor John J. Coughlin employs comparative methodology in an attempt to reveal and contrast the concepts of the human person reflected in both canon law and secular legal theory.
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Specificații

ISBN-13: 9780199756773
ISBN-10: 0199756775
Pagini: 320
Dimensiuni: 234 x 160 x 25 mm
Greutate: 0.59 kg
Editura: Oxford University Press
Colecția OUP USA
Locul publicării:New York, United States

Recenzii

[This book is] a timely and an excellent consideration on these themes and should be required reading for all jurists.

Notă biografică

John Coughlin is a Professor of Law at the University of Notre Dame. Prof. Coughlin served as professor of canon law of St. Joseph's Seminary in New York from 1994 to 2001. He also served the Archdiocese of New York as a judge in the Appeals Tribunal, as vicar of canonical and legal aspects of health care, and as a member of the boards of several Catholic hospitals and educational institutions. During the summer of 1998, Father Coughlin was a member of the delegation of the Holy See to the United Nations treaty conference that established the International Criminal Court.