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Philosophy, Theology, And Fundamental Theory Of Catholic Canon Law
The philosophy, theology, and fundamental theory of Catholic canon law are the fields of philosophical, theological (ecclesiological), and legal scholarship which concern the place of canon law in the nature of the Catholic Church, both as a natural and as a supernatural entity. Philosophy and theology shape the concepts and self-understanding of canon law as the law of both a human organization and as a supernatural entity, since the Catholic Church believes that Jesus Christ instituted the church by direct divine command, while the fundamental theory of canon law is a meta-discipline of the "triple relationship between theology, philosophy, and canon law".Ladislas Orsy, "Towards a Theological Conception of Canon Law" (published in Jordan Hite, T.O.R., & Daniel J. Ward, O.S.B., "Readings, Cases, Materials in Canon Law: A Textbook for Ministerial Students, Revised Edition" (Collegeville, MN: The Liturgical Press, 1990), pg. 11 Philosophy of canon law A triple species of human os ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Philosophy
Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal validity?", and "What is the relationship between law and morality?" Philosophy of law and jurisprudence are often used interchangeably, though jurisprudence sometimes encompasses forms of reasoning that fit into economics or sociology. Philosophy of law can be sub-divided into analytical jurisprudence, and normative jurisprudence. Analytical jurisprudence aims to define what law is and what it is not by identifying law's essential features. Normative jurisprudence investigates both the non-legal norms that shape law and the legal norms that are generated by law and guide human action. Analytical jurisprudence Unlike experimental jurisprudence, which investigates the content our folk legal concepts using the methods of social science, analyti ... [...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] |
Pope Benedict XV
Pope Benedict XV (Latin: ''Benedictus XV''; it, Benedetto XV), born Giacomo Paolo Giovanni Battista della Chiesa, name=, group= (; 21 November 185422 January 1922), was head of the Catholic Church from 1914 until his death in January 1922. His pontificate was largely overshadowed by World War I and its political, social, and humanitarian consequences in Europe. Between 1846 and 1903, the Catholic Church had experienced two of its longest pontificates in history up to that point. Together Pius IX and Leo XIII ruled for a total of 57 years. In 1914, the College of Cardinals chose della Chiesa at the relatively young age of 59 at the outbreak of World War I, which he labeled " the suicide of civilized Europe". The war and its consequences were the main focus of Benedict XV. He immediately declared the neutrality of the Holy See and attempted from that perspective to mediate peace in 1916 and 1917. Both sides rejected his initiatives. German Protestants rejected any "Papal Peace" a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Second Vatican Council
The Second Ecumenical Council of the Vatican, commonly known as the , or , was the 21st Catholic ecumenical councils, ecumenical council of the Roman Catholic Church. The council met in St. Peter's Basilica in Rome for four periods (or sessions), each lasting between 8 and 12 weeks, in the autumn of each of the four years 1962 to 1965. Preparation for the council took three years, from the summer of 1959 to the autumn of 1962. The council was opened on 11 October 1962 by Pope John XXIII, John XXIII (pope during the preparation and the first session), and was closed on 8 December 1965 by Pope Paul VI, Paul VI (pope during the last three sessions, after the death of John XXIII on 3 June 1963). Pope John XXIII called the council because he felt the Church needed “updating” (in Italian: ''aggiornamento''). In order to connect with 20th-century people in an increasingly secularized world, some of the Church's practices needed to be improved, and its teaching needed to be presente ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Law
Public law is the part of law that governs relations between legal persons and a government, between different institutions within a state, between different branches of governments, as well as relationships between persons that are of direct concern to society. Public law comprises constitutional law, administrative law, tax law and criminal law, as well as all procedural law. Laws concerning relationships between individuals belong to private law. The relationships public law governs are asymmetric and inequalized. Government bodies (central or local) can make decisions about the rights of persons. However, as a consequence of the rule-of-law doctrine, authorities may only act within the law (''secundum et intra legem''). The government must obey the law. For example, a citizen unhappy with a decision of an administrative authority can ask a court for judicial review. The distinction between public law and private law dates back to Roman law, where the Roman jurist Ulpian ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canon Lawyer
Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is the internal ecclesiastical law, or operational policy, governing the Catholic Church (both the Latin Church and the Eastern Catholic Churches), the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. The way that such church law is legislated, interpreted and at times adjudicated varies widely among these four bodies of churches. In all three traditions, a canon was originally a rule adopted by a church council; these canons formed the foundation of canon law. Etymology Greek / grc, κανών, Arabic / , Hebrew / , 'straight'; a rule, code, standard, or measure; the root meaning in all these languages is 'reed'; see also the Romance-language ancestors of the English w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sovereign State
A sovereign state or sovereign country, is a polity, political entity represented by one central government that has supreme legitimate authority over territory. International law defines sovereign states as having a permanent population, defined territory (see territorial disputes), one government, and the capacity to enter into International relations, relations with other sovereign states. It is also normally understood that a Sovereignty#Sovereignty and independence, sovereign state is independent. According to the declarative theory of statehood, a sovereign state can exist without being Diplomatic recognition, recognised by other sovereign states.Thomas D. Grant, ''The recognition of states: law and practice in debate and evolution'' (Westport, Connecticut: Praeger, 1999), chapter 1. List of states with limited recognition, Unrecognised states will often find it difficult to exercise full treaty-making powers or engage in Diplomacy, diplomatic relations with other sovereign ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Protestant Reformation
The Reformation (alternatively named the Protestant Reformation or the European Reformation) was a major movement within Western Christianity in 16th-century Europe that posed a religious and political challenge to the Catholic Church and in particular to papal authority, arising from what were perceived to be errors, abuses, and discrepancies by the Catholic Church. The Reformation was the start of Protestantism and the split of the Western Church into Protestantism and what is now the Roman Catholic Church. It is also considered to be one of the events that signified the end of the Middle Ages and the beginning of the early modern period in Europe.Davies ''Europe'' pp. 291–293 Prior to Martin Luther, there were many earlier reform movements. Although the Reformation is usually considered to have started with the publication of the '' Ninety-five Theses'' by Martin Luther in 1517, he was not excommunicated by Pope Leo X until January 1521. The Diet of Worms of May 1521 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Concurrent Jurisdiction
Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. This situation leads to forum shopping, as parties will try to have their civil or criminal case heard in the court that they perceive will be most favorable to them. United States In the United States, concurrent jurisdiction exists to the extent that the United States Constitution permits federal courts to hear actions that can also be heard by state courts. For example, when a party from Alabama sues a party from Florida for a breach of contract, the Alabama party can sue in either federal court (under its diversity jurisdiction) or in the state court located in Florida (under its personal jurisdiction over the defendant). Concurrent jurisdiction may also be created where the United States Congress, in creating a cause of action, permits the courts of the states to hear cases alleging that cause of action. For example, a state court may hear ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summa Theologica
The ''Summa Theologiae'' or ''Summa Theologica'' (), often referred to simply as the ''Summa'', is the best-known work of Thomas Aquinas (1225–1274), a scholasticism, scholastic theologian and Doctor of the Church. It is a compendium of all of the main theology, theological teachings of the Catholic Church, intended to be an instructional guide for theology students, including Seminary, seminarians and the literate laity. Presenting the reasoning for almost all points of Christian theology in the West, topics of the ''Summa'' follow the following cycle: God; Creation, Man; teleology, Man's purpose; Christ; the Sacraments; and back to God. Thomas Aquinas#Late career and cessation of writing (1272–1274), Although unfinished, it is "one of the classics of the history of philosophy and one of the most influential works of Western literature." Moreover, the ''Summa'' remains Aquinas' "most perfect work, the fruit of his mature years, in which the thought of his whole life is con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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