Author: Judith Hahn Publisher: Springer ISBN: 9783031017933 Category : Social Science Languages : en Pages : 0
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.
Author: Judith Hahn Publisher: Springer Nature ISBN: 3031017919 Category : Social Science Languages : en Pages : 246
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.
Author: Judith Hahn Publisher: Oxford University Press ISBN: 0197674240 Category : Canon law Languages : en Pages : 241
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"--
Author: Catherine Godfrey-Howell Publisher: ISBN: 9781587311345 Category : Religion Languages : en Pages : 0
Book Description
Marriage will always be a subject of law and of great interest to both legal scholars and sociologists alike because the anthropology that support marriage perceives justice to be a particular reality. With respect to realization of justice in marriage, the Catholic intellectual tradition has identified a legal category that does not exist anywhere else--namely, the consensual incapacity to marry. the Code of Canon Law promulgated in 1983 contains a juridical innovation (canon 1095), but this has not yet been fully digested by American canonists. Furthermore, its application reveals a vast disconnect with historical exegesis. In the last fifty years, American canonical practice in the sphere of marriage law has lost its foundation. The consequences of this include mechanisms of judgment that are rendered incoherent although not inactive--in other words, the application of law in the Catholic Church moves forward without a clear indication of its anthropological basis. Canon law, then, must either be oppressive or absolutely meaningless. There is one canon in particular that in its formula of consensual incapacity to marry is the center of the attempt to define and resolve this question: canon 1095. As of this moment, however, there is no comprehensive treatment of this canon in its current usage and how it developed into positive law after hundreds of years of implicit reference to the grounds for marriage nullity that it now indicates. professors of canon law, members of the Roman Curia and judicial bodies acknowledge that more than a general response to this crisis of law and marriage what might be needed most is a revision of this single canon. they furthermore acknowledge that American canonical practice is perhaps the most influential in the world. A profile of this canon in American jurisprudence is fundamental and demanded presently. There are over one hundred tribunals of varying functions, over two hundred seminaries and more than five thousand seminarians (each year), seventy million Catholics and tens of millions of these Catholics call their vocation marriage. The question of marriage validity is eternal--both with respect to its relation to an historical past as well as individual present day unions. the readership is vast and this book will be included in syllabi in seminaries, Catholic universities and other faculties of sociology, religion and law. It will be a reference guide in tribunals and studied in the course of legislative reform, but it will also be accessible to both scholars and laypersons. the question of consensual incapacity is asked tens of thousands of times each year anew and there is not yet a definitive study that provides answers and guidance for further development of this notion. Another example of the longevity of this work: the manual it will effectively replace was in print for twenty years with five editions (L. Wrenn, 1970, CuA).
Author: Judith Hahn Publisher: ISBN: 100933011X Category : Religion Languages : en Pages : 302
Book Description
'Sacramentality' can serve as a category that helps to understand the performative power of religious and legal rituals. Through the analysis of 'sacraments', we can observe how law uses sacramentality to change reality through performative action, and how religion uses law to organise religious rituals, including sacraments. The study of sacramental action thus shows how law and religion intertwine to produce legal, spiritual, and other social effects. In this volume, Judith Hahn explores this interplay by interpreting the Catholic sacraments as examples of sacro-legal symbols that draw on the sacramental functioning of the law to provide both spiritual and legal goods to church members. By focusing on sacro-legal symbols from the perspective of sacramental theology, legal studies, ritual theory, symbol theory, and speech act theory, Hahn's study reveals how law and religion work hand in hand to shape our social reality.
Author: Judith Hahn Publisher: Cambridge University Press ISBN: 9781108716598 Category : Law Languages : en Pages : 284
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.
Author: Uta-Renate Blumenthal Publisher: Routledge ISBN: 0429513046 Category : Social Science Languages : en Pages : 334
Book Description
Published in 1998, these essays focus on Rome and the curia in the 11th and 12th centuries. Several relate to Cardinal Deusdedit and his canonical collection (1087) and to the pontificate of Paschal II (1099-1118). Both personalities and their ideas are presented within the larger setting of contemporary problems, highlighting divergent currents among ecclesiastical reformers at a time of the investiture controversies. A third common theme is formed by discussions of the organization and archival practices of the curia, which were of fundamental importance for the growth and codification of canon law, not to mention papal control of the Church.
Author: John R. Sutton Publisher: SAGE Publications ISBN: 1452264538 Category : Family & Relationships Languages : en Pages : 322
Book Description
Foundations of the Sociology of Law provides a conceptual framework for thinking about the full range of topics within the sociology of law discipline. The book: contrasts normative and sociological perspectives on law; presents a primer on the logic of research and inference as applied to law related issues; examines theories of legal change; and discusses law in action with specific reference to civil rights legislation.
Author: Seth Abrutyn Publisher: Routledge ISBN: 1134463561 Category : Social Science Languages : en Pages : 267
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.
Author: Hubert Treiber Publisher: Oxford University Press ISBN: 019257423X Category : Law Languages : en Pages : 208
Book Description
Reading Max Weber's Sociology of Law serves both as an introduction and as a distillation of more than thirty years of reading and reflection on Weber's scholarship. It provides a solid and comprehensive introduction to Weber and sets out his main concepts. Drawing on recent research in the history of law, this book also presents and critiques the process by which the law was rationalized and which Weber divided into four ideal-typical stages of development. Hubert Treiber provides commentary in a manner informed both historically and sociologically. The book explores Weber's concepts in relation to the creation of laws between secular the religious powers. The book goes on to examine the codifications that were undertaken by Prussian absolutism and Napoleon in the Code Civil. It further covers Weber's thoughts on antiformal legal tendencies, issues that are still prevalent in law today. This text is no mere reiteration of Weber's concepts. The volume contextualizes Weber's work in the light of current research, setting out to amend misinterpretations and misunderstandings that have prevailed from Weber's original texts. Treiber's introduction is much more than a simple guide through a complicated text. It is an important work in its own right and critical for any student of the sociology of law.
Author: Judith Hahn
Author: Judith Hahn
Author: Judith Hahn
Author: Catherine Godfrey-Howell
Author: Judith Hahn
Author: Judith Hahn
Author: Uta-Renate Blumenthal
Author: John R. Sutton
Author: Seth Abrutyn
Author: Hubert Treiber