The Effectiveness of the Law

Abstract

AbstractLaws are effective when individuals abide by them or, alternatively, when they do not, but have to face legal sanctions for their non-compliance. The effectiveness of canon law in that respect is partially weak. Whilst the constitutional norms of the church are rather effective for structuring the church, laws tend to be ignored whenever abiding by them depends on the church members’ individual decision. Church members tend to ignore their legal duties; the authorities, however, sanction non-compliance only very rarely. Church members also tend to neglect opportunities provided by canon law. To understand the underlying causes of this, it is necessary to study the reasons which motivate individuals to abide by the law in general. The sociology of law particularly relates to the knowledge of the law among members of the legal community, their expectations of sanctions, and their idea of legitimacy. Many canonical laws are rather unknown to church members. The church has no police to coerce offending members to follow the law and rather weak penal authorities to punish them with sanctions. Adding to this is that the degree of normative variance (that is the degree to which the normative ideas of church members differ from the normative ideas expressed in canon law) is exceptionally high with respect to many issues, as canon law does not provide the same legal standard as secular liberal states with regard to individuals’ rights and freedom, and is regarded as culturally insensitive and theologically deficient by many church members. They respond to their finding by refusing to abide by the law.KeywordsEffectiveness of the lawSanctionsExpectationsLegal knowledgeNormative variance