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5 - Conclusion

Published online by Cambridge University Press:  15 March 2019

Judith Hahn
Affiliation:
Ruhr-Universität, Bochum, Germany
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Summary

A global canon law which considers the peculiarities of the local churches and their particular needs in the legislation and application of the law will be held responsible for fragmenting the ecclesiastical legal order and the church as such, which is a community of faith in a legal shape. Reducing the legal frame of the global church to the norms essential to secure the unity of faith, and establishing more local competences to create particular law and apply global law with a local flavour, weakens the idea of the universality of canon law. Nevertheless, in a plural church of different ecclesiastical cultures, it is questionable whether a more particularised approach to the law can be avoided. Safeguarding unity by uniformity risks losing legal effectiveness and validity, if it generates local incomprehension and alienation from the law. In this case, not much is won. On the contrary: Ignoring the essential historicity and culturality of each law and, thus, its necessary particularity, may lead to greater loss than gain. In order to protect the unity of the church, some uniformity in the field of Catholic canon law must be surrendered.
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Church Law in Modernity
Toward a Theory of Canon Law between Nature and Culture
, pp. 236 - 244
Publisher: Cambridge University Press
Print publication year: 2019

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  • Conclusion
  • Judith Hahn, Ruhr-Universität, Bochum, Germany
  • Book: Church Law in Modernity
  • Online publication: 15 March 2019
  • Chapter DOI: https://doi.org/10.1017/9781108673525.007
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  • Conclusion
  • Judith Hahn, Ruhr-Universität, Bochum, Germany
  • Book: Church Law in Modernity
  • Online publication: 15 March 2019
  • Chapter DOI: https://doi.org/10.1017/9781108673525.007
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusion
  • Judith Hahn, Ruhr-Universität, Bochum, Germany
  • Book: Church Law in Modernity
  • Online publication: 15 March 2019
  • Chapter DOI: https://doi.org/10.1017/9781108673525.007
Available formats
×