Abstract
AbstractThe sociology of law deals with the legitimacy of the law in asking why and how laws receive recognition and acceptance. Canon law, in that respect, is currently facing some major difficulties. Thus far, the ecclesiastical legislators have widely excluded the Catholic laypeople from participating in legislation. Their non-participation has weakened their belief in the legitimacy of the law. Furthermore, canon law does not consistently follow the rule of law. The law of the church grants its authorities maximum power without providing for those checks and balances which control power according to a modern democratic understanding. Neither does canon law fully provide nor protect those fundamental rights of church members which modern individuals indulge according to the law of modern democratic states. That many church members at present show a rather anti-juridical attitude towards the law may be due to their verdict that canon law is a result of illegitimate power, and power in church a result of illegitimate law.KeywordsLegitimacyValidity of the lawRecognition of the lawConsensus theoryJürgen HabermasProceduresRule of lawLegal protectionFundamental rights
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