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2 - Questions from a Canonist’s Point of View

Published online by Cambridge University Press:  15 March 2019

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

In modern societies' competition of ideas, the church’s positions are taken to be increasingly unconvincing when based on neo-scholastic natural law (ahistoric understanding of the law, positivism, voluntarism). Neo-scholastic natural law struggles with the historicity and culturality of norms. This is a theological problem, as an ahistoric understanding of the law misses the incarnatorial structure of divine law. It is a sociological problem, as an ahistoric and supercultural perception of the law conflicts with the secular understanding of it, creating communication problems between the church and society. Neo-scholastic thought also struggles with the modern idea of freedom. As individual freedom is mistrusted as tending towards relativism, perceiving the truth is handed over to the magisterium, whose findings the faithful are to receive with obedience. Yet, as the magisterium is likewise confronted with the problem of perceiving the naturally just, the question arises why church hierarchy would be better suited to recognising a prepositive normativity than other faithful. Modern theology cannot provide a satisfactory answer to this question. The theory of the sense of faith rather strengthens the idea that perceiving the truth is a competence possessed by the entire people of God.
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Church Law in Modernity
Toward a Theory of Canon Law between Nature and Culture
, pp. 59 - 115
Publisher: Cambridge University Press
Print publication year: 2019

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