The observation that legislation transfers a body of culturally insensitive rules into the local churches through asymmetrical law planting raises the question of how to deal with canon law in a postcolonial perspective. Based on studying the law in the light of intercultural theology, Chap. 8 proposes to subject the law to postcolonial criticism. Practically, the scope of decentralised legislation must be expanded, granting local agents more autonomy in the creation of rules. Fundamentally, a discussion is needed on whether a uniform set of rules for the whole global church has a future. Taking into account the principle of subsidiarity and the autonomy of groups to legislate for themselves, the sociological finding that decentralised legislation increases the chances of rules finding acceptance, and the theological demand to strengthen the role of the diocesan bishops in governing their churches, there is reason to reverse the perspective. Rather than imposing uniform rules on the churches through top-down legislation while allowing for some exceptions, the focus should be on decentralised legislation, allowing for the bottom-up creation of shared rules where uniform regulation is essential for the unity of the church.

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Revising Global Legislation

  • Judith Hahn

摘要

The observation that legislation transfers a body of culturally insensitive rules into the local churches through asymmetrical law planting raises the question of how to deal with canon law in a postcolonial perspective. Based on studying the law in the light of intercultural theology, Chap. 8 proposes to subject the law to postcolonial criticism. Practically, the scope of decentralised legislation must be expanded, granting local agents more autonomy in the creation of rules. Fundamentally, a discussion is needed on whether a uniform set of rules for the whole global church has a future. Taking into account the principle of subsidiarity and the autonomy of groups to legislate for themselves, the sociological finding that decentralised legislation increases the chances of rules finding acceptance, and the theological demand to strengthen the role of the diocesan bishops in governing their churches, there is reason to reverse the perspective. Rather than imposing uniform rules on the churches through top-down legislation while allowing for some exceptions, the focus should be on decentralised legislation, allowing for the bottom-up creation of shared rules where uniform regulation is essential for the unity of the church.