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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.
Canon law. --- Canon law --- Public law (Canon law) --- Law --- Ecclesiastical law --- Rescripts, Papal --- Catholic Church --- 348 --- Kerkelijk recht. Canoniek recht
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This "Open Access" book investigates the legal reality of the church through a sociological lens and from the perspective of canon law studies, the discipline which researches the law and the legal structure of the Catholic Church. It introduces readers from various backgrounds to the sociology of canon law, which is both a legal and a theological field of study, and is the first step towards introducing a new subdiscipline of the sociology of canon law. As a theoretical approach to mapping out this field, it asks what theology and canon law may learn from sociology; it discusses the understanding of “law” in religious contexts; studies the preconditions of legal validity and effectiveness; and based on these findings it asks in what sense it is possible to speak of canon “law”. By studying a religious order as its struggles to find a balance between continuity and change, this book also contributes to the debates on religious law in modernity and the challenges it faces from secular states and plural societies. This book is of interest to researchers and students of the sociology of law, legal studies, law and religion, the sociology of religion, theology, and religious studies. This is an open access book.
Law & society --- Sociology --- Religion: general --- Jurisprudence & philosophy of law --- Canon law --- Religious law --- Sociology of law --- Validity of the law --- Effectiveness of the law --- Legitimacy of the law --- Niklas Luhmann --- Legal monism --- Secular law --- Max Weber
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In this book, Judith Hahn explores the legal order of the Roman Catholic Church to better understand how the Roman Catholic Church communicates as a legal institution. She argues that the language of canon law reveals the political ideology of the church hierarchy, and she takes up the tools of language and law scholarship to examine and challenge that language. Hahn examines the grammar and terminology of canon law, and how canon law language makes use of linguistic tricks and techniques to create its typical sound and discusses the comprehension difficulties that arise out of ambiguities in the law, out of transfer problems between legal and common language, and out of canon law's confusing mix of legal, doctrinal, and moral norms.
Canon law --- Law --- Language. --- Language, Legal --- Legal language --- Legal style --- Style, Legal --- Bill drafting --- Language
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"In this book, "sacramentality" is proposed as a category that encompasses the performative power of religious and legal rituals. Law uses sacramental action to change reality through performative acts, while religion uses law to organise religious ritual. Thus, law and religion intertwine to produce legal, spiritual, and other social effects"--
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The term mercy is currently omnipresent in Catholic debates. It dominates at events such as the recent Family Synods and the Jubilee Years. At the same time, it poses a significant problem for cases dealing with sexual abuse. Mercy calls to consider an individual's needs and this conflicts with justice necessitating equal treatment for everyone. Mercy applies to the fallible individual deserving of punishment, but who is saved by grace. This is most apparent in the Sacrament of Penance and other forms of penitence, forgiveness, and reconciliation where mercy both transcends and undermines justice. This problem, widely ignored in church teaching, is addressed by Dirk Ansorge, James Dallen, Judith Hahn, Atria A. Larson, Sandra Lassak, Michael A. Nobel, Rosel Oehmen-Vieregge, Heike Springhart, and Gunda Werner.
Religion and law. --- Punishment (Canon law) --- Penitentials. --- Penance (Canon law) --- Mercy.
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"Was macht die Kanonistik als wissenschaftliche Disziplin aus? Ist sie Theologie oder Rechtswissenschaft? Und wie wirkt sich die jeweilige Verortung methodologisch aus? Judith Hahn und Adrian Loretan bieten unterschiedliche Perspektiven auf diese Grundlagenfragen ihres Fachs. Sie zeigen, was Kirchenrechtswissenschaft gegenwärtig leisten kann und leisten muss, und geben damit wichtige Impulse für eine Reform der Disziplin und des kirchlichen Rechts."
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The term mercy is currently omnipresent in Catholic debates. It dominates at events such as the recent Family Synods and the Jubilee Years. At the same time, it poses a significant problem for cases dealing with sexual abuse. Mercy calls to consider an individual's needs and this conflicts with justice necessitating equal treatment for everyone. Mercy applies to the fallible individual deserving of punishment, but who is saved by grace. This is most apparent in the Sacrament of Penance and other forms of penitence, forgiveness, and reconciliation where mercy both transcends and undermines justice. This problem, widely ignored in church teaching, is addressed by Dirk Ansorge, James Dallen, Judith Hahn, Atria A. Larson, Sandra Lassak, Michael A. Nobel, Rosel Oehmen-Vieregge, Heike Springhart, and Gunda Werner.
Penance (Canon law) --- Punishment (Canon law) --- Penitentials --- Religion and law --- Mercy --- Religion and law. --- Penitentials. --- Mercy.
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Concentration camps --- Holocaust, Jewish (1939-1945) --- Human experimentation in medicine --- Medicine --- National socialism and medicine --- World war, 1939-1945 --- History --- Atrocities
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