Law Church And Society
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| Author | : James A. Brundage |
| Publisher | : University of Chicago Press |
| Total Pages | : 714 |
| Release | : 2009-02-15 |
| Genre | : Law |
| ISBN | : 0226077896 |
This monumental study of medieval law and sexual conduct explores the origin and develpment of the Christian church's sex law and the systems of belief upon which that law rested. Focusing on the Church's own legal system of canon law, James A. Brundage offers a comprehensive history of legal doctrines–covering the millennium from A.D. 500 to 1500–concerning a wide variety of sexual behavior, including marital sex, adultery, homosexuality, concubinage, prostitution, masturbation, and incest. His survey makes strikingly clear how the system of sexual control in a world we have half-forgotten has shaped the world in which we live today. The regulation of marriage and divorce as we know it today, together with the outlawing of bigamy and polygamy and the imposition of criminal sanctions on such activities as sodomy, fellatio, cunnilingus, and bestiality, are all based in large measure upon ideas and beliefs about sexual morality that became law in Christian Europe in the Middle Ages. "Brundage's book is consistently learned, enormously useful, and frequently entertaining. It is the best we have on the relationships between theological norms, legal principles, and sexual practice."—Peter Iver Kaufman, Church History
| Author | : Kevin E. McKenna |
| Publisher | : |
| Total Pages | : 120 |
| Release | : 1998 |
| Genre | : Religion |
| ISBN | : |
Many members of the Catholic Church today--clergy as well as laity--find no useful purpose for the Church's legal structure, or canon law. They may view canon law as arbitrary, antiquated, or even a hindrance to the movement of the Spirit, especially within the context of developments following the Second Vatican Council. Kevin E. McKenna counters this attitude with an overview of the positive features of Church law and a modern analysis of the canonical tradition of the Church. McKenna argues that the utilization of canon law in the Church today is not only desirable, but necessary and that it can be highly constructive when the law is viewed as a ministry of service. The call of the Church since Vatican II has been towards communion--with Christ, among Christians, and between local churches. The concept of communion provides a structure and a path that can clarify and encourage individual participation in developing the common good. After a discussion of the development of Church law and the effect Pope Paul VI and Pope John Paul II have had on contemporary canon law, McKenna's work underscores the role of canon law in highlighting the rights of all members of the Church. Canon law is necessary to assist in the orderly carrying out of the gospel demands and to protect the freedom of individual Church members. Practical applications of canon law include the annulment process and alternatives for resolving disputes within the Christian community. The Ministry of Law in the Church Today provides practical guidance and rationale for the role of law in the Church for pastoral ministers who are accustomed to seeing canon law as a problem rather than a solution. This book will also appeal to laity who harbor a curiosity about the usefulness of Church law in everyday Christian life.
| Author | : |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2023 |
| Genre | : |
| ISBN | : 9789392340642 |
| Author | : Philip HAMBURGER |
| Publisher | : Harvard University Press |
| Total Pages | : 529 |
| Release | : 2009-06-30 |
| Genre | : Law |
| ISBN | : 0674038185 |
In a powerful challenge to conventional wisdom, Philip Hamburger argues that the separation of church and state has no historical foundation in the First Amendment. The detailed evidence assembled here shows that eighteenth-century Americans almost never invoked this principle. Although Thomas Jefferson and others retrospectively claimed that the First Amendment separated church and state, separation became part of American constitutional law only much later. Hamburger shows that separation became a constitutional freedom largely through fear and prejudice. Jefferson supported separation out of hostility to the Federalist clergy of New England. Nativist Protestants (ranging from nineteenth-century Know Nothings to twentieth-century members of the K.K.K.) adopted the principle of separation to restrict the role of Catholics in public life. Gradually, these Protestants were joined by theologically liberal, anti-Christian secularists, who hoped that separation would limit Christianity and all other distinct religions. Eventually, a wide range of men and women called for separation. Almost all of these Americans feared ecclesiastical authority, particularly that of the Catholic Church, and, in response to their fears, they increasingly perceived religious liberty to require a separation of church from state. American religious liberty was thus redefined and even transformed. In the process, the First Amendment was often used as an instrument of intolerance and discrimination.
| Author | : Anders Winroth |
| Publisher | : Cambridge University Press |
| Total Pages | : 738 |
| Release | : 2022-01-27 |
| Genre | : History |
| ISBN | : 1009063952 |
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.
| Author | : Winnifred Fallers Sullivan |
| Publisher | : University of Chicago Press |
| Total Pages | : 223 |
| Release | : 2020-07-15 |
| Genre | : Religion |
| ISBN | : 022645469X |
Church and state: a simple phrase that reflects one of the most famous and fraught relationships in the history of the United States. But what exactly is “the church,” and how is it understood in US law today? In Church State Corporation, religion and law scholar Winnifred Fallers Sullivan uncovers the deeply ambiguous and often unacknowledged ways in which Christian theology remains alive and at work in the American legal imagination. Through readings of the opinions of the US Supreme Court and other legal texts, Sullivan shows how “the church” as a religious collective is granted special privilege in US law. In-depth analyses of Hosanna-Tabor v. EEOC and Burwell v. Hobby Lobby reveal that the law tends to honor the religious rights of the group—whether in the form of a church, as in Hosanna-Tabor, or in corporate form, as in Hobby Lobby—over the rights of the individual, offering corporate religious entities an autonomy denied to their respective members. In discussing the various communities that construct the “church-shaped space” in American law, Sullivan also delves into disputes over church property, the legal exploitation of the black church in the criminal justice system, and the recent case of Masterpiece Cakeshop v. Colorado Civil Rights Commission. Brimming with insight, Church State Corporation provocatively challenges our most basic beliefs about the ties between religion and law in ostensibly secular democracies.
| Author | : Roy Flechner |
| Publisher | : Routledge |
| Total Pages | : 196 |
| Release | : 2021-03-31 |
| Genre | : History |
| ISBN | : 135126723X |
This is the first comprehensive study of the contribution that texts from Britain and Ireland made to the development of canon law in early medieval Europe. The book concentrates on a group of insular texts of church law—chief among them the Irish Hibernensis—tracing their evolution through mutual influence, their debt to late antique traditions from around the Mediterranean, their reception (and occasional rejection) by clerics in continental Europe, their fusion with continental texts, and their eventual impact on the formation of a European canonical tradition. Canonical collections, penitentials, and miscellanies of church law, and royal legislation, are all shown to have been 'living texts', which were continually reshaped through a process of trial and error that eventually gave rise to a more stable and more coherent body of church laws. Through a meticulous text-critical study Roy Flechner argues that the growth of church law in Europe owes as much to a serendipitous 'conversation' between texts as it does to any deliberate plan overseen by bishops and popes.
| Author | : Charles Zebina Lincoln |
| Publisher | : The Lawbook Exchange, Ltd. |
| Total Pages | : 1006 |
| Release | : 2005 |
| Genre | : Ecclesiastical law |
| ISBN | : 1584774746 |
Lincoln, Charles Z. The Civil Law and the Church. New York: The Abington Press, [1916]. lii, 951 pp. Reprint available January, 2005 by the Lawbook Exchange, Ltd. ISBN 1-58477-474-6. Cloth. $165. * A powerful resource for students of church-state relations, this book is a detailed compilation of principal judicial decisions rendered by the courts of Great Britain, Canada, and the United States that deal with questions relating to religious matters, religious societies, and civil matters with religious aspects. Arranged by confession and topic, it includes such chapters as "Arbitration," "Bible," "Civil Courts," "Deacons," "Jews," "Presbyterian Church," "Salvation Army," "Sunday" and "Unitarians." With a table of cases and a thorough index.
| Author | : Maryland |
| Publisher | : |
| Total Pages | : 822 |
| Release | : 1811 |
| Genre | : Law |
| ISBN | : |
| Author | : Carl Zollmann |
| Publisher | : The Lawbook Exchange, Ltd. |
| Total Pages | : 476 |
| Release | : 2008 |
| Genre | : Church and state |
| ISBN | : 1584778822 |
