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3 books match the query 'Ecclesiastical law'

cover of Law and Religion in a Secular Age

Law and Religion in a Secular Age

Rafael Domingo

Catholic University of America Press, 2023

Law and Religion in a Secular Age seeks to restore the connection between spirituality and justice, religion and law, theology and jurisprudence, and natural law and positive law by building a new bridge suitable for pluralistic societies in the secular age. The author argues for a multidimensional view of reality that includes legal, political, moral, and spiritual dimensions of human nature and society. Each of these dimensions of life needs to recognize the existence, influence, and function of the others, which act as a filter or check on the excesses of each other. This multidimensionality of reality clarifies why no legal theory can fully account for law from the legal dimension alone, just as no moral theory makes perfect sense of morality from the moral dimension—and, for that matter, nothing in physics can fully interpret the physical dimension of reality. The premises of a legal system cannot be fully explained by the legal dimension alone because the fundamental conditions and qualities of justice, freedom, and dignity touch all the dimensions of reality in which the human person acts, including the moral and the spiritual, not just the legal. Building on this multidimensional theory of reality, the author explores the core differences and the essential interconnections between law, morality, religion, and spirituality and some of the legal implications of these connections. Rafael Domingo reminds readers of the vital role of religion in shaping the conceptual framework of Western legal systems, underscores the spirit of Christianity that inspired legal institutions, principles, and values, and recalls the contributions of specific Christian jurists as central figures for the development of justice in society. Law and Religion in a Secular Age aims to be a valuable antidote against the dominant legal positivism that has cornered public morality, the defiant secularism that has marginalized religion, and any other legal doctrine that diminishes the spiritual dimension of law and justice.
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cover of The Christ Child Goes to Court

The Christ Child Goes to Court

Wayne R. Swanson

Temple University Press, 1992

In December 1981, when the American Civil Liberties Union challenged the Nativity scene in the Christmas display put on by the city of Pawtucket, Rhode Island, an emotional controversy erupted. Two federal courts disallowed the crèche because its religious impact in the taxpayer-supported display overstepped the constitutional boundary between church and state. In March 1984, the United States Supreme Court by a 5-4 vote in Lynch V. Donnelly overruled the lower courts, deciding that in the predominantly secular context of Pawtucket’s display, the purpose and effect of the Nativity scene was not to promote religion, but only to acknowledge the spirit of the holiday season. The Christ Child Goes to Court traces the judicial history of a case that lasted more than two years and explores its implications for future issues concerning the relationship between religion and government.

Wayne R. Swanson describes how this compelling constitutional issue polarized public opinion in Rhode Island and generated "unimaginable vilification" of the Roman Catholic judge who first ordered the crèche removed. He reports the reactions of local citizens, which echoed the national debate on this issue. By carefully documenting the case’s trek through the judiciary, Swanson illustrates the workings of the judicial process in the United States, the political nature of the courts, and how their interpretation of the Constitution helps to shape the development of public policy.

An important conclusion of this critical examination of the courts’ approach to a controversial church-state question is that judicial decisions are usually interim in nature and often lead to imperfect solutions. Lynch V. Donnelly did not solve the problems posed by government-supported Nativity scenes or other religious symbols. The controversy lives on and the courts continue to struggle with one of the most difficult First Amendment problems.

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cover of What Brings a Marriage into Existence?: An Historical Re-examination of the Canon Law of the Latin Church

What Brings a Marriage into Existence?

An Historical Re-examination of the Canon Law of the Latin Church

Brendan Killeen

University of Scranton Press, 2010

Of the seven sacraments of the Roman Catholic Church, matrimony is the most discussed, debated, disputed, and adjudicated in all of canon law. In this book, Brendan Killeen employs the fundamental question “What brings a marriage into existence?” as the legal and scholarly means to explore the very nature of marriage within the framework of the canon law of the Catholic Church.

            Killeen conducts his exploration in two phases. First he scrutinizes the canon law’s primary sources—texts dating as far back as the Roman Empire—and gives readers a fresh perspective of the law’s historical progression. He then examines the papers from the Second Vatican Council and offers both an objective evaluation of the law at present and some possible amendments for its future.

            Noteworthy for its diligent research and in-depth analysis, What Brings a Marriage into Existence? will be useful to both newcomers to the canon law of marriage as well as seasoned scholars.

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