Document Type

Article

Publication Date

1966

Publication Information

26 Jurist 272 (1966)

Abstract

Among the recommendations adopted by the Canon Law Society of America at its last annual meeting was one for bringing the insights of legal traditions besides the Roman to bear on the canonical system. The following suggestions are derived from the insights of my tradition, the common law tradition. That aspect of the common law tradition that I believe has most to contribute to the development of the canon law is concerned not so much with the particular rules of law as with the basic techniques of legal analysis. The common law tradition of legal analysis, as it has been understood by jurists of all persuasions in this country for a generation and more, calls for an approach to law in terms of what it is attempting to accomplish in the society which it governs, and what actual effect its operations have in that society and its members.

Comments

Reprinted with permission of Jurist (Catholic University of America).

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