Clergy authority and civil liability for sex abuse from a comparative perspective

Abstract State courts in common law and civil law jurisdictions rely, in different ways, on the existence of clergy authority for the attribution of liability in tort to religious organizations for acts of sex abuse by their clergy. However, the perception that state courts have of clergy authority within various Christian denominations is often at odds with how those religious organizations see themselves and their own authority. This is the case of the Catholic Church, especially in view of the evolution of its doctrine after Vatican Council II, concerning the identity and the role of bishops, priests, and the laity. This article also compares the aforementioned perception that state courts have with the studies on clergy authority made in the field of social sciences and child abuse, in order to see their similarities and differences and to provide guidance for courts in litigation involving religious groups.