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Censure (canon Law)
A censure, in the canon law of the Catholic Church, is a medicinal and spiritual punishment imposed by the church on a baptized, delinquent, and contumacious person, by which he is deprived, either wholly or in part, of the use of certain spiritual goods, until he recover from his contumacy. History and development The name and general nature of this punishment date from the Roman Republic. With the ancient Romans, in the year A.U.C. 311, we find established the office of public censor (''censores''), whose functions were the keeping of a register (''census'') of all Roman citizens and their proper classification, e.g., senators, knights, etc. Furthermore their functions were the disciplinary control of manners and mores, in which their powers were absolute, both in sumptuary matters and in the degradation of any citizen from his proper class, for reasons affecting the moral or material welfare of the State. This punishment was called censure (''censura''). As the Romans were jea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canon Law Of The 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] |
Presumption (canon Law)
Presumption in the canon law of the Catholic Church is a term signifying a reasonable conjecture concerning something doubtful,Fanning, "Presumption (in Canon Law)". drawn from arguments and appearances, which by the force of circumstances can be accepted as a proof. It is on this presumption our common adage is based: "Possession is nine points of the law". Presumption has its place in canon law only when positive proofs are wanting, and yet the formulation of some judgment is necessary. It is never in itself an absolute proof, as it only presumes that something is true. Canonists divide presumption into: #presumption of law (''juris''), or that which is deduced from some legal precept or authority expressed in law or based upon precedents or similarities, and #presumption of a judge or man (''judicis'' or ''hominis''), when the law is silent on the subject and an opinion must be formed according to the way that circumstances and indications would affect a prudent man or judge. Can ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pope
The pope ( la, papa, from el, πάππας, translit=pappas, 'father'), also known as supreme pontiff ( or ), Roman pontiff () or sovereign pontiff, is the bishop of Rome (or historically the patriarch of Rome), head of the worldwide Catholic Church, and has also served as the head of state or sovereign of the Papal States and later the Vatican City State since the eighth century. From a Catholic viewpoint, the primacy of the bishop of Rome is largely derived from his role as the apostolic successor to Saint Peter, to whom primacy was conferred by Jesus, who gave Peter the Keys of Heaven and the powers of "binding and loosing", naming him as the "rock" upon which the Church would be built. The current pope is Francis, who was elected on 13 March 2013. While his office is called the papacy, the jurisdiction of the episcopal see is called the Holy See. It is the Holy See that is the sovereign entity by international law headquartered in the distinctively independent Vatic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Excommunication (Catholic Church)
In the canon law of the Catholic Church, excommunication (Lat. ''ex'', out of, and ''communio'' or ''communicatio'', communion, meaning exclusion from the communion), the principal and severest censure, is a penalty that excludes the guilty Catholic of all participation in church life. Being a penalty, it presupposes guilt and being the most serious penalty that the Catholic Church can nowadays inflict, it supposes a grave offense. The excommunicated person is basically considered as an exile from the Church, for a time at least, in the sight of ecclesiastical authority. Excommunication is intended to invite the person to change behaviour or attitude, repent, and return to full communion. It is not an "expiatory penalty" designed to make satisfaction for the wrong done, much less a "vindictive penalty" designed solely to punish. Excommunication, which is the gravest penalty of all, is always "medicinal", and is "not at all vindictive". The Catholic Church teaches in the Council ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ferendæ Sentientiæ
(Latin meaning "of a/the sentence lreadypassed") and (Latin meaning "sentence to be passed") are ways sentences are imposed in the Catholic Church in its canon law. A penalty is a penalty that is inflicted , automatically, by force of the law itself, at the very moment a law is contravened. A penalty is a penalty that is inflicted on a guilty party only after it has been pronounced by a third party. The 1983 ''Code of Canon Law'', which binds Catholics of the Latin Church, inflicts censures for certain forbidden actions. The current canon law that binds members of the Eastern Catholic Churches, the ''Code of Canons of the Eastern Churches'', does not include penalties. The 1917 code, which applied only to the Latin Church, also contained censures. Grammar and ''ferendae sententiae'' are adjectival phrases (in the genitive case) that accompanies a noun, such as "an excommunication ". When used in connection with a verb, the phrase takes an adverbial form in the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sede Vacante
''Sede vacante'' ( in Latin.) is a term for the state of a diocese while without a bishop. In the canon law of the Catholic Church, the term is used to refer to the vacancy of the bishop's or Pope's authority upon his death or resignation. History Early in church history, the archpriest, archdeacon, and ''primicerius of the notaries'' in the papal court made a regency council which governed the sede vacante period. It was the obligation of the Camerarius (papal chamberlain), the head of the Camera Apostolica, to formally establish the death of the pope. Gradually, this evolved in the theory that the Camerarius, as the chief of the curia, should conduct normal business even after the death of the pope, and also conduct the burial and the preparation for the new election. this process was evident with Camerarius Boso Breakspeare. During the long sede vacante of 1268 to 1271, the importance of the Camerarius was so clear that the Cardinals were ready to elect a new one if he di ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gratian (jurist)
The ''Decretum Gratiani'', also known as the ''Concordia discordantium canonum'' or ''Concordantia discordantium canonum'' or simply as the ''Decretum'', is a collection of canon law compiled and written in the 12th century as a legal textbook by the jurist known as Gratian. It forms the first part of the collection of six legal texts, which together became known as the ''Corpus Juris Canonici''. It was used as the main source of law by canonists of the Roman Catholic Church until the ''Decretals'', promulgated by Pope Gregory IX in 1234, obtained legal force, after which it was the cornerstone of the Corpus Juris Canonici, in force until 1917. Overview In the first half of the 12th century Gratian, ''clusinus episcopus'',Reali, Francesco (ed.), Graziano da Chiusi e la sua opera, 2009, pg. 63-73 and pg. 244 has found and re-evaluated a Kalendarium of the Sienese Church owned by the Library of the Intronati of Siena (Ms FI2, f. 5v) in which, in Carolina minuscule writing with a d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Decretum Gratiani
The ''Decretum Gratiani'', also known as the ''Concordia discordantium canonum'' or ''Concordantia discordantium canonum'' or simply as the ''Decretum'', is a collection of canon law compiled and written in the 12th century as a legal textbook by the jurist known as Gratian. It forms the first part of the collection of six legal texts, which together became known as the ''Corpus Juris Canonici''. It was used as the main source of law by canonists of the Roman Catholic Church until the ''Decretals'', promulgated by Pope Gregory IX in 1234, obtained legal force, after which it was the cornerstone of the Corpus Juris Canonici, in force until 1917. Overview In the first half of the 12th century Gratian, ''clusinus episcopus'',Reali, Francesco (ed.), Graziano da Chiusi e la sua opera, 2009, pg. 63-73 and pg. 244 has found and re-evaluated a Kalendarium of the Sienese Church owned by the Library of the Intronati of Siena (Ms FI2, f. 5v) in which, in Carolina minuscule writing with a d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interpretation (Catholic Canon Law)
Regarding the canon law of the Catholic Church, canonists provide and obey rules for the interpretation and acceptation of words, in order that legislation is correctly understood and the extent of its obligation is determined. Authentic interpretation An "authentic interpretation" is an official and authoritative interpretation of a statute issued by the legislator of the statute. In canon law an authentic interpretation has the force of law. Besides the Supreme Pontiff (Pope), who has plenary legislative power, several other authorities in the Catholic Church have various grades of legislative power. Primary examples are diocesan bishops and their equivalents, episcopal conferences, and particular councils. Any of these legislators can issue authentic interpretations of their own and their predecessors' laws. Authentic interpretations supersede even administrative decisions of ordinaries and judgments of ecclesiastical courts, because neither of these acts have the force of law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contumacy
Contumacy is a stubborn refusal to obey authority or, particularly in law, the willful contempt of the order or summons of a court (see contempt of court). The term is derived from the Latin word ''contumacia'', meaning firmness or stubbornness. In English ecclesiastical law, it was contempt of the authority of an ecclesiastical court and was dealt with by the issue of a writ from the Court of Chancery at the instance of the judge of the ecclesiastical court. This writ took the place of the ''de excommunicato capiendo'' in 1813, by an act of George III (see excommunication). In the U.S., while not expressly mentioned in the U.S. Constitution, the courts have long asserted an inherent power of judges to punish such refusal, which in this context is known as ''contempt of court''. The U.S. Supreme Court recognized federal courts' inherent power to imprison a person for contumacy in '' United States v. Hudson & Goodwin'' without a reference to a definition of contumacy in common or st ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
