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Jurisprudence Of Catholic Canon Law
The jurisprudence of Catholic canon law is the complex of legal theory, traditions, and interpretative principles of Catholic canon law. In the Latin Church, the jurisprudence of canon law was founded by Gratian in the 1140s with his '' Decretum''. In the Eastern Catholic canon law of the Eastern Catholic Churches, Photios holds a place similar to that of Gratian for the West. Much of the legislative style was adapted from that of Roman Law especially the Justinianic ''Corpus Juris Civilis''. As a result, Roman ecclesiastical courts tend to follow the Roman Law style of continental Europe with some variation. After the fall of the Roman Empire and up until the revival of Roman Law in the 11th century, canon law served as the most important unifying force among the local systems in the Civil Law tradition. The canonists introduced into post-Roman Europe the concept of a higher law of ultimate justice, over and above the momentary law of the state. The Catholic Church developed t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Catholic Canon Law
The canon law of the Catholic Church ("canon law" comes from Latin ') is "how the Church organizes and governs herself". It is the system of laws and ecclesiastical legal principles made and enforced by the hierarchical authorities of the Catholic Church to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the Church. It was the first modern Western legal system and is the oldest continuously functioning legal system in the West, while the unique traditions of Eastern Catholic canon law govern the 23 Eastern Catholic particular churches ''.'' Positive ecclesiastical laws, based directly or indirectly upon immutable divine law or natural law, derive formal authority in the case of universal laws from promulgation by the supreme legislator—the supreme pontiff, who possesses the totality of legislative, executive, and judicial power in his person, or by the College of Bishops acting in communion with the pop ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equity (law)
Equity is a particular body of law that was developed in the English Court of Chancery. Its general purpose is to provide a remedy for situations where the law is not flexible enough for the usual court system to deliver a fair resolution to a case. The concept of equity is deeply intertwined with its historical origins in the common law system used in England. However, equity is in some ways a separate system from common law: it has its own established rules and principles, and was historically administered by separate courts, called " courts of equity" or "courts of chancery". Equity exists in domestic law, both in civil law and in common law systems, and in international law. The tradition of equity begins in antiquity with the writings of Aristotle (''epieikeia'') and with Roman law (''aequitas''). Later, in civil law systems, equity was integrated in the legal rules, while in common law systems it became an independent body of law. Equity in common law jurisdictions (gener ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canon Law (Catholic Church)
The canon law of the Catholic Church ("canon law" comes from Latin ') is "how the Church organizes and governs herself". It is the system of laws and ecclesiastical legal principles made and enforced by the hierarchical authorities of the Catholic Church to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the Church. It was the first modern Western legal system and is the oldest continuously functioning legal system in the West, while the unique traditions of Eastern Catholic canon law govern the 23 Eastern Catholic particular churches ''.'' Positive ecclesiastical laws, based directly or indirectly upon immutable divine law or natural law, derive formal authority in the case of universal laws from promulgation by the supreme legislator—the supreme pontiff, who possesses the totality of legislative, executive, and judicial power in his person, or by the College of Bishops acting in communion with the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a prominent role in the history and development of Western civilization.O'Collins, p. v (preface). The church consists of 24 ''sui iuris'' churches, including the Latin Church and 23 Eastern Catholic Churches, which comprise almost 3,500 dioceses and eparchies located around the world. The pope, who is the bishop of Rome, is the chief pastor of the church. The bishopric of Rome, known as the Holy See, is the central governing authority of the church. The administrative body of the Holy See, the Roman Curia, has its principal offices in Vatican City, a small enclave of the Italian city of Rome, of which the pope is head of state. The core beliefs of Catholicism are found in the Nicene Creed. The Catholic Church teaches that it is the on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Customary Law
A legal custom is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudinary or unofficial law) exists where: #a certain legal practice is observed and #the relevant actors consider it to be an opinion of law or necessity (''opinio juris''). Most customary laws deal with ''standards of the community'' that have been long-established in a given locale. However, the term can also apply to areas of international law where certain standards have been nearly universal in their acceptance as correct bases of action – for example, laws against piracy or slavery (see ''hostis humani generis''). In many, though not all instances, customary laws will have supportive court rulings and case law that have evolved over time to give additional weight to their rule as law and also to demonstrate the trajectory of evolut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Motu Proprio
In law, ''motu proprio'' (Latin for "on his own impulse") describes an official act taken without a formal request from another party. Some jurisdictions use the term ''sua sponte'' for the same concept. In Catholic canon law, it refers to a document issued by the pope on his own initiative and personally signed by him.Oxford Dictionary of the Christian Church (Oxford University Press 2005 ), s.v. motu proprio Such a document may be addressed to the whole church, to part of it, or to some individuals. A document issued ''motu proprio'' has its legal effect, even if the reasons given for its issuance are found to be false or fraudulent, a fact which would normally render the document invalid. Its validity is based on its issuance by the pope by his own initiative, not upon the reasons alleged. The first ''motu proprio'' was promulgated by Pope Innocent VIII in 1484. It continues to be a common form of papal rescript, especially when establishing institutions, making minor changes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pope John Paul II
Pope John Paul II ( la, Ioannes Paulus II; it, Giovanni Paolo II; pl, Jan Paweł II; born Karol Józef Wojtyła ; 18 May 19202 April 2005) was the head of the Catholic Church and sovereign of the Vatican City State from 1978 until his death in April 2005, and was later canonised as Pope Saint John Paul II. He was elected pope by the second papal conclave of 1978, which was called after John Paul I, who had been elected in August to succeed Pope Paul VI, died after 33 days. Cardinal Wojtyła was elected on the third day of the conclave and adopted the name of his predecessor in tribute to him. Born in Poland, John Paul II was the first non-Italian pope since Adrian VI in the 16th century and the second-longest-serving pope after Pius IX in modern history. John Paul II attempted to improve the Catholic Church's relations with Judaism, Islam, and the Eastern Orthodox Church. He maintained the church's previous positions on such matters as abortion, artificia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pastor Bonus
''Pastor bonus'' (Latin: "The Good Shepherd") is an apostolic constitution promulgated by Pope John Paul II on 28 June 1988. It instituted a number of reforms in the process of running the central government of the Catholic Church. The document's article 1 defines the Roman Curia as dicasteries and institutes supporting the Roman Pontiff "in the exercise of his supreme pastoral office" on behalf of the whole Church, including both the Latin and Eastern Catholic Churches. It was abrogated and replaced by ''Praedicate evangelium'' (released on 19 March 2022 under Pope Francis) when it became effective on 5 June 2022. Background ''Pastor bonus'' laid out in considerable detail the organization of the Roman Curia, specifying precisely the names and composition of each dicastery, and enumerating which competencies, or responsibilities, each dicastery was charged with overseeing. It replaced the previous governing document, ''Regimini Ecclesiae universae'', which was released by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Code Of Canons Of The Eastern Churches
The ''Code of Canons of the Eastern Churches'' (CCEC; la, Codex Canonum Ecclesiarum Orientalium, abbreviated CCEO) is the title of the 1990 codification of the common portions of the canon law for the 23 Eastern Catholic Churches in the Catholic Church. It is divided into 30 titles and has a total of 1546 canons. The western Latin Church is governed by its own particular code of canons, the 1983 ''Code of Canon Law''. History of codification The 23 '' sui iuris'' Churches which collectively make up the Eastern Catholic Churches had been invited by the Catholic Church to codify their own particular laws and submit them to the pope so that there may be a full, complete code of all religious law within Eastern Catholicism. Pope John Paul II promulgated the ''Code of Canons of the Eastern Churches'' on 18 October 1990, by the document ''Sacri Canones''. The code came into force of law on 1 October 1991. Language The official language of the canon law common to all the Eastern Ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1983 Code Of Canon Law
The 1983 ''Code of Canon Law'' (abbreviated 1983 CIC from its Latin title ''Codex Iuris Canonici''), also called the Johanno-Pauline Code, is the "fundamental body of ecclesiastical laws for the Latin Church". It is the second and current comprehensive codification of canonical legislation for the Latin Church '' sui iuris'' of the Catholic Church. It was promulgated on 25 January 1983 by John Paul IISacrae Disciplinae Leges accessed Jan-11-2013 and took legal effect on the First Sunday of Advent (27 November) 1983. It replaced the [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Determinatio
A ''determinatio'' is an authoritative determination by the legislator concerning the application of practical principles, that is not necessitated by deduction from naturalFinnis, John. ''Aquinas'', 266-271. or divine lawHervada, ''Introduction'', pg. 33 but is based on the contingencies of practical judgement within the possibilities allowed by reason. The concept derives from the legal philosophy of Thomas Aquinas, and continues to be a part of discussions in natural law theory. In natural law jurisprudence, ''determinatio'' is the process of making natural law into positive law.Waldron, Jeremy''Torture, Suicide, and Determinatio'' main page Social Science Research Network. Accessed 22 March 2016. In Catholic canon law, ''determinatio'' is the act by which natural law or divine positive law is made determinate in the canonical legal system as specific norms of law, although the content of such law is still essentially that of divine law, which, together with canon law, forms " ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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