Church Law in Modernity
Toward a Theory of Canon Law between Nature and Culture

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

Judith Hahn (Author)

9781108716598, Cambridge University Press

Paperback / softback, published 30 June 2022

284 pages
22.9 x 15.2 x 1.5 cm, 0.387 kg

'Hahn's book covers a wide range of topics drawn from various disciplines, assembled coherently and rigourously. Natural law and its relation to Catholic canon law, a global system regulating well over a billion faithful, is examined in a multi-faceted way that is both panoramic and specific, concluding with fifty theses that will generate and facilitate discussion.' Robert Ombres, University of Oxford

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.

Introduction
1. Nature as a source of validity for religious law
2. Questions from a canonist's point of view
3. Canon law between nature and culture
4. Consequences for developing the law
5. Conclusion.

Subject Areas: Legal history [LAZ], Law & society [LAQ], Jurisprudence & philosophy of law [LAB], Jurisprudence & general issues [LA], Religion: general [HRA]