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.

A practical, jargon free guide to key aspects of canon and public law for clergy, readers, churchwardens, PCC members and diocesan officers, covering common situations that affect every church. Now updated to include Common Tenure, the Marriage Act and government changes in vetting those who work with children and vulnerable adults.

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.

Legal scholars and authorities generally agree that the law should be obeyed and should apply equally to all those subject to it, without favour or discrimination. Yet it is possible to see that in any legal system there will be situations when strict application of the law will produce undesirable results, such as injustice or other consequences not intended by the law as framed. In such circumstances the law may be changed but there may be broad policy reasons not to do so. The allied concepts of dispensation and economy grew up in the western and eastern traditions of the Christian church as mechanisms whereby an individual or a class of people could, by authority, be excused from obligations under a particular law in particular circumstances without that law being changed. This book uncovers and explores this neglected area of church life and law. Will Adam argues that dispensing power and authority exist in various guises in the systems of different churches. Codified and understood in Roman Catholic and Orthodox canon law, this arouses suspicion in the Church of England and in English law in general. The book demonstrates that legal flexibility can be found in English law and is integral to the law of the Church, to enable the Church today better to fulfil its mission in the world.

It is imperative in the day and age in which we live, that Christian leaders understand the law as it relates to pastors, churches, and non-profit organizations. Christian Leaders must have an understanding of the laws affecting pastors, and why they are important for church boards and ministers to know. Dr. Charles C. Lantz uses court cases to help define and explain the legal distinction of ministerial status and its implications for pastors and church boards. This brief and concise handbook on Church Law addresses clergy employment contracts, compensation, termination, legal privileges and conditions of ministers, and the legal authority of ministers on behalf of the church. Also, the more common theories of clergy legal liability are examined. The laws of today are more complex than they ever have been, and lawyers are in the business of making “BIG BUCKS.” They are able to do this because, unfortunately, many pastors and church leaders are ignorant about the law. There are now more legal problems and lawsuits against churches than in any other era. Therefore, it is imperative that the minister/pastor be aware of legal issues, and potential problems that can come their way if they are not careful in handling church members, non-members and counseling situations, in particular. Church leaders must become aware of the potential legal problems that can result from relationships with parishioners, as well as legal problems with employees. Pastor, beware of the dangers that are lurking in the world of lawyers, lawsuits, and the American Legal System. Every Pastor, Full-Time Church Leader, and Christian Minister, needs to purchase a copy of this concise handbook on Church Law.