Chapter

Canonical Equity

John J. Coughlin

in Law, Person, and Community

Published in print March 2012 | ISBN: 9780199756773
Published online May 2012 | e-ISBN: 9780199932177 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199756773.003.0005
Canonical Equity

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This chapter discusses the development of the notion of canonical equity as an illustration of the dialectical methodology of canon law. The discussion covers: the development of canonical equity by the medieval canonists; the notion of natural equity in the thought of Aquinas and Francisco Suárez; canonical equity in the twentieth-century codifications; and the historical consciousness and the objectivity of law. The purpose is to describe the way in which canonical methodology attempts to integrate the transcendent and universal with the historical and particular.

Keywords: historical development; canon law; medieval canonists; natural equity; Aquinas; Francisco Suárez

Chapter.  11559 words. 

Subjects: Jurisprudence and Philosophy of Law

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