Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
Is law inherently male? Discuss how feminist and queer theory scholars might answer this question, with reference to a particular area of law (e.g., human rights, family law, etc.).

Is law inherently male? Discuss how feminist and queer theory scholars might answer this question, with reference to a particular area of law (e.g., human rights, family law, etc.).

Ratings: (0)|Views: 16 |Likes:
An essay for the 2012 Undergraduate Awards Competition by Kirsty Mc Cafferty. Originally submitted for Single Honours LLB at Queen's University Belfast, with lecturer Dr Sara Ramshaw in the category of Law
An essay for the 2012 Undergraduate Awards Competition by Kirsty Mc Cafferty. Originally submitted for Single Honours LLB at Queen's University Belfast, with lecturer Dr Sara Ramshaw in the category of Law

More info:

Published by: Undergraduate Awards on Aug 31, 2012
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
See more
See less

10/27/2013

 
 1
AbstractThe aim of this essay is to assess the extent to which Catholic Canon Law ismale dominated through an examination of female ordination to the priesthood aswell as an exploration of the issue of same sex marriage.Canon 1024 deals in particular with ordination to the priesthood and explicitlystates that only a man may be ordained. Although it has been argued by many withinthe Catholic Church that this canon is of divine origin and therefore cannot bechanged, there has been an increase in support for female priests.Furthermore, an examination of Canon 1024 within the context of theEuropean Convention of Human Rights has lead to some academic belief that Europehas become so focused on plurality of religions that the rights of the individual withineach religion are being neglected.As regards same-sex marriage, Canon 1055 permits only for the union of aman and women thus highlighting a clear rejecting of the marriage of homosexuals.Although divine in nature, this law also has its roots in natural law which prohibitssame-sex relations. Furthermore this rejection of same-sex marriage has found its wayinto secular society and one could argue that this due to the early influence of theCatholic Church on the development of the Common Law.Overall the essay aims to highlight the complexity of assessing just howheterosexual male dominated Canon Law is and how this has affected secular laws.Undoubtedly Canons 1024 and 1055 are male dominated but as they are stipulated asbeing of divine origin, it is unlikely that the position of the Catholic Church as regardsthe issues of female ordination to the priesthood and same-sex marriage will everchange.
 
 2
There has been much debate by feminist and queer legal scholars regardingthe inherent maleness of the law particularly in the areas of human rights
1
and familylaw.
2
However, this essay will focus on Catholic Canon Law and the effect it has hadon curtailing the rights of women and homosexuals, particularly in the areas of femaleordination and same-sex marriage. It will aim to show how the arguments andopinions of feminist and queer theorists clash with the laws and views of the CatholicChurch whilst an exploration of these polarised views and opinions will highlight thatalthough individuals are free to break with the constrictions of Canon Law byabandoning their religion, this is no easy feat. This is due to the fact that being part of such an institution, which has been established for over two thousand years, andwhich has over one billion members
3
has resulted in the creation of an identity andsense of community for many individuals
4
which would be lost upon them leaving theChurch. This
threat of losing one‟s
identity may be enough for some people to stayand be bound by the canons, consequently ensuring that the inherent maleness of these laws will remain unchallenged and unchanged. Finally, an attempt will be madeto highlight the impact that Canon Law has had in the enactment of state secular lawsespecially in the area of same-sex marriage. This should highlight that, even uponleaving the Church, many individuals may not be able to completely escape theinfluence of the inherently male Canon Law and the effect it has had, not only on thedevelopment of religious and spirit lives, but also on secular lives.There has been much feminist argument regarding the ordination of femalepriests within the Catholic Church and the most recent event, which has furtherignited the debate, has been the excommunication of Father Roy Bourgeois. FatherBourgeois is an avid believer in the ordination of female priests which hedemonstrated when he
attended and preached a homily at the ordination of Roman
1
 
Lucinda Finley, „Breaking Women‟s Silence in Law: The Dilemma of the Gendered Nature of LegalReasoning‟ (1989) 64
 Notre Dame Law Review
886, 886-909.
2
 
Stychin, C., „“Las Vegas is not where we are”: Queer Readings of the Civil Partnership Act‟ (2006)
25
Political Geography
899, 899-920.
3
 
Steven Ross, „The Harvest Field, Statistics 2011‟, Worldwide Missions.
4
 
Alison Stuart, „Freedom of religion and gender equality: inclusive or exclusive?‟ H.R.L. Rev 10(3)
429.
 
 3
Catholic Woman priest Janice Sevre-Duszynska in August, 2008
.
5
As a result, hereceived a letter from the Vatican demanding that he recant or face excommunication.Upon refusing to do so, not only was he expelled from his religious order, he was alsoexcommunicated from the Church through the process of self ex-communicationknown as
latae sententiae
6
.
Father Bourgeois‟
case has consequently been used bymany feminists in their argument for change in the Church regarding its attitudetowards the ordination of female priests.
7
 However, before examining in detail how a feminist legal scholar would arguethat the refusal to ordinate female priests reflects the inherent maleness of this area of law, the actual canon law dealing with ordinations within the Church, as well as thedevelopment of Canon Law itself, merits an examination. It has been stated that
“beginning ear 
ly in the Fifth Century, Christianity began to develop a systematic
theology to explain and justify its religious beliefs‟
.
8
As time progressed, varioustheologians and theorists such as Saint Augustine and Saint Thomas Aquinas
9
as wellas various Popes at various Councils
10
have influenced the development of thissystem. Furthermore, some of these canon laws are based on divine tradition andcannot be changed whilst others are based on human tradition and can be changed byChurch authorities.
11
It should be noted that Canon 1024
12
, which regulates ordinationwithin the C
hurch, stating that „A baptised male alone receives sacred ordinationvalidly‟,
13
is itself a divine canon and theoretically it cannot be changed. Pope John II
5
 
Joshua J. Mc Elwee, „Maryknoll gives Bourgeois notice of removal from order,‟
 National Catholic Reporter 
(29
th
 
6
 
1983 CIC • Codex Iuris Canonici auctoritate Ioannis Pauli PP. II promulgatus,
 Acta Apostolicae Sedis
 75/2 (1983) 1-320; English trans., Canon Law Society of Great Britain and Ireland, The Code of CanonLaw in English Translation (Collins/Eerdmans, 1983) Can 1378.
7
 
Michele Stopera Freyhauf, „Pink Smoke, call to disobedience and a Holy Shake up: Is it time toconvene the Third Vatican Council?‟ 
nd
December 2011.
8
 
James A Brundage, „Law, Sex And Christian Society in Medieval Europe‟ 587 (1897) 78
-79 as cited
in Andrew H Freidman, „Same
-Sex Marriage and the Right to Privacy: Abandoning Scriptural,
Canonical and Natural based definitions of marriage‟ 35 Howard L.J. 173,181.
 
9
Freidman (n 8) 181.
10
Auguste Boudinhon, „The Canon Law‟ (The Catholic Encyclopedia, Volume 9, New York, Robert
Appleton Company) http://www.newadvent.org/cathen/09056a.htm accessed 22nd December 2011.
11
 
The Augustine Club, „Frequently asked questions about the Catholic Church‟ Columbia University
12
Codex (n 6 ) Can 1024.
13
 
 Ibid 
.

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->