The evolution of the primates: Anglicanism,primacy and conciliarity

Contemporary debate about the relationship between civil and religious law, highlighted by the Archbishop of Canterbury's 2008 lecture on ‘Civil and Religious Law in England’, prompts a reassessment of the place of ius divinum in the understanding of the nature of law. This article questions the assumption of modernity that there is no place for divine law, and briefly surveys the different role played by divine law in Judaism, Islam and Christianity. It examines the contrasting Christian perspectives of Aquinas and Duns Scotus, which leads to a critique of the relationship between personal welfare and the common good. Since, in the context of post-modernism, questions related to divine law are once again being addressed, the article criticises aspects of a fundamentalist approach to it in both Islam and Christianity. It argues that, from a Christian perspective, the personal truth of Jesus Christ embodies the place where the divine freedom comes into relation with human freedom. It concludes that in reflecting on a common praxis for humanity, it is this embodied relationship which provides the basic perspective for practitioners of canon law to contribute in a significant way to the debate now gathering momentum.