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.

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

This book presents a comprehensive history of law and religion in the Nordic context. The entwinement of law and religion in Scandinavia encompasses an unusual history, not widely known yet important for its impact on contemporary political and international relations in the region. The volume provides a holistic picture from the first written legal sources of the twelfth century to the law of the present secular welfare states. It recounts this history through biographical case studies. Taking the point of view of major influential figures in church, politics, university, and law, it thus presents the principal actors who served as catalysts in ecclesiastical and secular law through the centuries. This refreshing approach to legal history contributes to a new trend in historiography, particularly articulated by a younger generation of experienced Nordic scholars whose work is featured prominently in this volume. The collection will be a valuable resource for academics and researchers working in the areas of Legal History and Law and Religion.

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.

It is fairly clear that, while Rome continues to teach as if its authority were unchanged from the days before Vatican II (1962-65), the majority of Catholics - within the first-world church, at least - take a far more independent line, and increasingly understand themselves (rather than the church) as the final arbiter of decision-making, especially on ethical questions. This collection of essays explores the historical background and present ecclesial situation, explaining the dramatic shift in attitude on the part of contemporary Catholics in the U.S. and Europe.

Catholic antimodern, 1920-1929 -- Anti-communism and paternal Catholicism, 1929-1944 -- Anti-fascism and fraternal Catholicism, 1929-1944 -- Rebuilding Christian Europe, 1944-1950 -- Christian democracy and Catholic innovation in the long 1950s -- The return of heresy in the global 1960s

In this startling book, Drury overturns the long-standing reputation of Thomas Aquinas as the most moderate and rational exponent of the Christian faith. She reveals Aquinas to be one of the most zealous Dominicans (Domini Canes) or Hounds of the Lord--an ardent defender of papal supremacy, the Inquisition, and the persecution of Jews. Despite her unstinting criticism, Drury sets out to retrieve the rationalism and naturalism that Aquinas failed to reconcile with his faith.