Foundations of a sociology of canon law / Judith Hahn.
Hahn, Judith, 1978- author.
2022
KBU160
Available Online

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Title
Foundations of a sociology of canon law / Judith Hahn.
Author
Hahn, Judith, 1978- author.
Uniform Title
Grundlegung der Kirchenrechtssoziologie. English
ISBN
9783031017919 (electronic bk.)
3031017919 (electronic bk.)
9783031017902
DOI
https://doi.org/10.1007/978-3-031-01791-9
Published
Cham : Springer International Publishing : Imprint: Springer, 2022.
Language
English
Description
1 online resource (XIV, 235 pages.)
Item Number
10.1007/978-3-031-01791-9 doi
Call Number
KBU160
Dewey Decimal Classification
262.9
Summary
This "Open Access" book investigates the legal reality of the church through a sociological lens and from the perspective of canon law studies, the discipline which researches the law and the legal structure of the Catholic Church. It introduces readers from various backgrounds to the sociology of canon law, which is both a legal and a theological field of study, and is the first step towards introducing a new subdiscipline of the sociology of canon law. As a theoretical approach to mapping out this field, it asks what theology and canon law may learn from sociology; it discusses the understanding of “law” in religious contexts; studies the preconditions of legal validity and effectiveness; and based on these findings it asks in what sense it is possible to speak of canon “law”. By studying a religious order as its struggles to find a balance between continuity and change, this book also contributes to the debates on religious law in modernity and the challenges it faces from secular states and plural societies. This book is of interest to researchers and students of the sociology of law, legal studies, law and religion, the sociology of religion, theology, and religious studies.
Bibliography, etc. Note
Includes bibliographical references.
Access Note
Open access
Source of Description
Online resource; title from PDF title page (SpringerLink, viewed August 23, 2022).
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Introduction: Why Write a Sociology of Canon Law?
Canon Law Studies—A Theological Discipline
Employing Juridical Methodology
Employing Sociological Methodology
How to Approach a Sociology of Canon Law
The Sociological View of the Law
The Law through a Sociological Lens
A Sociological Focus on Canon Law
The Functions of the Law
Law and the Order of the Social
Law and the Resolution of Conflicts
The Validity of Positive Law
Modern Law as Positive Law
Law Derived from Power, Power Derived from the Law
Characteristics of Positive Law
The Validity of the Law and the Issue of Legitimacy
A Sociological View on Validity Issues
Accepting Canon Law?
The Effectiveness of the Law
Effectiveness and Compliance
Preconditions of Compliance
The Connection of the Effectiveness and Validity of the Law
Résumé
An Outlook for Further Studies
Summary of the Book (in Theses).

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