The Fragility of the Law: The De-theologization and Theologization of Canon Law after Vatican II
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TexteLangue : français Détails de publication : 2006.
Sujet(s) : Ressources en ligne : Abrégé : With due attention to the virtual rivalry between canon law professors and the ecclesiastical legislator, in this article I focus on the construction of canonicity beyond the domain of positive legality found in academic debates over the reform of the Code of Canon Law in the 1960s and 1970s. Specifically, I examine the positions taken in a proposed reform of excommunication, the theological stakes, and the reason why the players in these theological-legal controversies seem to feel somewhat bound to their projects. I conclude by stressing the relevance of the various ways in which “Law” is invoked as a whole when politics is shaped by legal domination and rational law-making.
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With due attention to the virtual rivalry between canon law professors and the ecclesiastical legislator, in this article I focus on the construction of canonicity beyond the domain of positive legality found in academic debates over the reform of the Code of Canon Law in the 1960s and 1970s. Specifically, I examine the positions taken in a proposed reform of excommunication, the theological stakes, and the reason why the players in these theological-legal controversies seem to feel somewhat bound to their projects. I conclude by stressing the relevance of the various ways in which “Law” is invoked as a whole when politics is shaped by legal domination and rational law-making.
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