Foundations of a Sociology of Canon Law


Book Description

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.




Church Law in Modernity


Book Description

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.




The Language of Canon Law


Book Description

"This study explores the language of canon law, the legal order of the Roman Catholic Church. It seeks to bring the language of canon law into the law and language debate and in doing so better understand how the Roman Catholic Church communicates as a legal institution. It ex-amines the function of canon law language in ecclesiastical communications. It studies the character of canonical language, the grammar and terminology of canon law, and how it makes use of linguistic tricks and techniques to create its typical sound. It discusses the com-prehension difficulties that arise out of ambiguities in the law, out of transfer problems be-tween legal and common language, and out of canon law's confusing mix of legal, doctrinal, and moral norms. It reviews the potential consequences of a plain language agenda in the church. This includes an evaluation of whether dead Latin is the appropriate language for a global and cross-cultural legal order such as canon law, and a discussion of how to improve multi-language communication. It takes a closer look at ecclesiastical interpretation theory. It examines forensic language, the language of ecclesiastical tribunals, in its problematic shifting between orality and textuality"--




In Defense of Married Priesthood


Book Description

This book offers an analysis of the sociological, historical, and cultural factors that lie behind mandatory clerical celibacy in the Roman Catholic Church and examines the negative impact of celibacy on the Catholic priesthood in our contemporary age. Drawing on sociological theory and secondary qualitative data, together with Church documents, it contends that married priesthood has always existed in some form in the Catholic Church and that mandatory universal celibacy is the product of cultural and sociological contingencies, rather than sound doctrine. With attention to a range of problems associated with priestly celibacy, including sexual abuse, clerical shortages, loneliness, and spiritual sloth, In Defense of Married Priesthood argues that the Roman Catholic Church should permit marriage to the priesthood in order to respond to the challenges of our age. Presenting a sociologically informed alternative to the popular theological perspectives on clerical celibacy, this book defends the notion of the married priesthood as legitimate means of living the vocation of Catholic priesthood—one which is eminently fitting for the contemporary world. It will therefore appeal to scholars and students of religion, theology, and sociology.




Revisiting Institutionalism in Sociology


Book Description

There may not be a concept so central to sociology, yet so vaguely defined in its contemporary usages, than institution. In Revisiting Institutionalism in Sociology, Abrutyn takes an in-depth look at what institutions are by returning to some of the insights of classical theorists like Max Weber and Herbert Spencer, the functionalisms of Talcott Parsons and S.N. Eisenstadt, and the more recent evolutionary institutionalisms of Gerhard Lenski and Jonathan Turner. Returning to the idea that various levels of social reality shape societies, Abrutyn argues that institutions are macro-level structural and cultural spheres of action, exchange, and communication. They have emergent properties and dynamics that are not reducible to other levels of social reality. Rather than fall back on old functionalist solutions, Abrutyn offers an original and synthetic theory of institutions like religion or economy; the process by which they become autonomous, or distinct cultural spaces that shape the color and texture of action, exchange, and communication embedded within them; and how they gain or lose autonomy by theorizing about institutional entrepreneurship. Finally, Abrutyn lays bare the inner workings of institutions, including their ecology, the way structure and culture shape lower-levels of social reality, and how they develop unique patterns of stratification and inequality founded on their ecology, structure, and culture. Ultimately, Abrutyn offers a refreshing take on macrosociology that brings functionalist, conflict, and cultural sociologies together, while painting a new picture of how the seemingly invisible macro-world influences the choices humans make and the goals we set.




Church Law in Modernity


Book Description

Discusses natural law as a traditional but highly contested source of canon law.




The Oxford Handbook of Criminal Law


Book Description

The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.







Handbook of Sociology and Human Rights


Book Description

Long the province of international law, human rights now enjoys a renaissance of studies and new perspectives from the social sciences. This landmark book is the first to synthesize and comprehensively evaluate this body of work. It fosters an interdisciplinary, international, and critical engagement both in the social study of human rights and the establishment of a human rights approach throughout the field of sociology. Sociological perspectives bring new questions to the interdisciplinary study of human rights, as amply illustrated in this book. The Handbook is indispensable to any interdisciplinary collection on human rights or on sociology. This text: Brings new perspectives to the study of human rights in an interdisciplinary fashion. Offers state-of-the-art summaries, critical discussions of established human rights paradigms, and a host of new insights and further research directions. Fosters a comprehensive human rights approach to sociology, topically representing all 45 sections of the American Sociological Association.




The Cambridge History of Medieval Canon Law


Book Description

Canon law touched nearly every aspect of medieval society, including many issues we now think of as purely secular. It regulated marriages, oaths, usury, sorcery, heresy, university life, penance, just war, court procedure, and Christian relations with religious minorities. Canon law also regulated the clergy and the Church, one of the most important institutions in the Middle Ages. This Cambridge History offers a comprehensive survey of canon law, both chronologically and thematically. Written by an international team of scholars, it explores, in non-technical language, how it operated in the daily life of people and in the great political events of the time. The volume demonstrates that medieval canon law holds a unique position in the legal history of Europe. Indeed, the influence of medieval canon law, which was at the forefront of introducing and defining concepts such as 'equity,' 'rationality,' 'office,' and 'positive law,' has been enormous, long-lasting, and remarkably diverse.