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Canon Law

Author: John J. Coughlin
Publisher: Oxford University Press
ISBN: 0195372972
Size: 32.35 MB
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'Canon Law' 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.

Comparative Studies In Continental And Anglo American Legal History

Author: Javier Martínez-Torrón
Publisher: Duncker & Humblot
ISBN: 9783428494149
Size: 46.10 MB
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Hauptbeschreibung In the book at issue, the author endeavors to demonstrate a fact that has often been neglected by many Anglo-American legal historians: the Anglo-American legal tradition has more elements in common with Continental law than is frequently believed (Continent = European; continental law and doctrine: see also ""ius commune, ius utrumque""). The ""insularity"" of English law has never been complete. The learned laws, and particularly the canon law, have also played a very significant role in the historical evolution of English law. The formative process of the common.

Law Person And Community

Author: John J. Coughlin
Publisher: Oxford University Press
ISBN: 0199756775
Size: 18.31 MB
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Law, Person, and Community: Theological, Philosophical and Comparative Perspectives on Canon Law explores the understanding of the human person that underpins canon law. From theological, philosophical, and comparative perspectives, the book poses the question: What is law?" The book presents canon law as a classical legal system in which the positive law is derived from natural and divine law. The classical approach to law rests upon an understanding of human nature in which reason is able to know first principles and universal goods. The book indicates that the classical understanding contrasts with the modern positivistic theory of law in which the parameters of human reason are limited by the need for empirical verification. In the classical approach, law also reflects the supernatural destiny of the human person. This supernatural end leads to the priority of the contemplative over the political in the design of positive law. In comparison, liberal theory favors a political conception of justice and the human person. Although the classical approach to law recognizes universal norms, it remains open to the historically contingent. As illustrative of its historical development, canon law affirms the right of religious freedom on the basis of the traditional Western doctrines of the dignity of the human person and the separation of church and state. Religious freedom is understood not only as the freedom of individual belief but freedom for the religious community to prosper through the practice of its faith in the pluralistic society. The book suggests that the classical approach to law with its ground in natural and supernatural truth affords a more firm foundation for the development of human rights than does the modern positivistic theory of law. The book further describes the classical role of law in setting the optimal conditions for human flourishing through membership, participation, and solidarity in community. Canon lawfulfills this function for the religious community of the Catholic Church. The book juxtaposes canon law's view of religious freedom with that of the modern secular state in which religious freedom has been reduced to a matter of private belief. Employing the example of United States constitutional law, the book describes how the modern secular state has curtailed the function of law in fostering the freedom of the religious community in the public order. The book observes that the modern view is at odds with religious traditions such as Judaism, Catholicism, and Islam in which the practice of faith depends on the proper relation between law, person, and community. The book thus proffers that canon law serve as a dialog partner in the broader discussion about what is law."

Papacy Monarchy And Marriage 860 1600

Author: David d'Avray
Publisher: Cambridge University Press
ISBN: 1316299279
Size: 67.12 MB
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This analysis of royal marriage cases across seven centuries explains how and how far popes controlled royal entry into and exits from their marriages. In the period between c.860 and 1600, the personal lives of kings became the business of the papacy. d'Avray explores the rationale for papal involvement in royal marriages and uses them to analyse the structure of church-state relations. The marital problems of the Carolingian Lothar II, of English kings - John, Henry III, and Henry VIII - and other monarchs, especially Spanish and French, up to Henri IV of France and La Reine Margot, have their place in this exploration of how canon law came to constrain pragmatic political manoeuvring within a system increasingly rationalised from the mid-thirteenth century on. Using documents presented in the author's Dissolving Royal Marriages, the argument brings out hidden connections between legal formality, annulments, and dispensations, at the highest social level.

Globalisation And Legal Theory

Author: William Twining
Publisher: Cambridge University Press
ISBN: 9780521605946
Size: 77.33 MB
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The text makes the case for a revival of general jurisprudence in response to globalisation.