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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] |
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] |
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] |
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] |
1917 Code Of Canon Law
The 1917 ''Code of Canon Law'' (abbreviated 1917 CIC, from its Latin title ), also referred to as the Pio-Benedictine Code,Dr. Edward Peters accessed June-9-2013 was the first official comprehensive codification of Latin canon law. Ordered by Pope Pius X in 1904 and carried out by the Commission for the Codification of Canon Law, led by Pietro Cardinal Gasparri, the work to produce the code was completed and promulgated under Pope Benedict XV on 27 May 1917, coming into effect on 19 May 1918.Metz, "What is Canon Law?", pg. 59 The 1917 ''Code of Canon Law'' has been described as "the greatest revolution in canon law since the time of Gratian" (1150s AD). The 1917 ''Code of Canon Law'' remained in force until the 1983 ''Code of Canon Law'' took legal effect and abrogated it on 27 November 1983.NYTimes.com,New Canon Law Code in Effect for Catholics, 27-Nov-1983, accessed June-25-2013 History Background Papal attempts at codification of the scattered mass of canon law spa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Presumption Of Innocence
The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact (a judge or a jury). If the prosecution does not prove the charges true, then the person is acquitted of the charges. The prosecution must in most cases prove that the accused is guilty beyond a reasonable doubt. If reasonable doubt remains, the accused must be acquitted. The opposite system is a presumption of guilt. In many countries and under many legal systems, including common law and civil law systems (not to be confused with the other kind of civil law, which deals with non-criminal legal issues), the presumption of innocence is a legal right of the accused in a criminal trial. It is also an international human right under the UN's Universal Declaration of Human Rights, Article 11. Hist ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural Law
Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacted laws of a state or society). According to natural law theory (called jusnaturalism), all people have inherent rights, conferred not by act of legislation but by "God, nature, or reason." Natural law theory can also refer to "theories of ethics, theories of politics, theories of civil law, and theories of religious morality." In the Western tradition, it was anticipated by the pre-Socratics, for example in their search for principles that governed the cosmos and human beings. The concept of natural law was documented in ancient Greek philosophy, including Aristotle, and was referred to in ancient Roman philosophy by Cicero. References to it are also to be found in the Old and New Testaments of the Bible, and were later expou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Regulæ Juris
', also spelled ' () were legal maxims which served as jurisprudence in Roman law. The term is also a generic term for general rules or principles of the interpretation of canon laws of the Catholic Church; in this context, they remain principles of law used in interpreting Catholic canon law, despite no longer having any binding forces of law since the 1917 Code of Canon Law abrogated them. Roman law There are 211 ''Regulae iuris''. The first ''Regula iuris'' from this corpus is from the 3rd-century jurisconsult Paulus; it is: "The law is not drawn from the rule ''egula'' rather it is the rule which comes from the law." Catholic Church Catholic use In a specific sense, however, ' are certain fundamental laws in the form of legal maxims memorialized in the ''Corpus Iuris Canonici'', comprising 11 that Pope Gregory IX placed at the end of the fifth ''Book of Decretals'' and 88 that Pope Boniface VIII placed in the final title of ''Liber Sextus Decretalium''. These rule ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canon Law Society Of America
The Canon Law Society of America or CLSA is a professional association dedicated to the promotion of both the study and the application of canon law in the Catholic Church. The Society's membership includes over fifteen hundred men and women who reside in forty-three countries. Not all members are Catholic. History A group of canonists established the Canon Law Society of America on November 12, 1939, in Washington, DC, as a professional association, dedicated to the promotion of both the study and the application of canon law in the Catholic Church. The Society remains active in study and the promotion of canonical and pastoral approaches to significant issues within the Catholic Church, both the Latin or Roman Catholic Church and the Eastern Catholic Churches. Since its founding, and especially since Pope John XXIII called for the revision of the first Code of Canon Law of 1917, the Society has offered its services in the United States for the revitalization and proper applic ... [...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] |
Tribunals Of The Catholic Church
A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single judge could describe that judge as "their tribunal." Many governmental bodies that are titled as "tribunals" are described so in order to emphasize that they are not courts of normal jurisdiction. For example, the International Criminal Tribunal for Rwanda was a body specially constituted under international law; in Great Britain, employment tribunals are bodies set up to hear specific employment disputes. In many (but not all) cases, the word ''tribunal'' implies a judicial (or quasi-judicial) body with a lesser degree of formality than a court, in which the normal rules of evidence and procedure may not apply, and whose presiding officers are frequently neither judges, nor magistrates. Private judicial bodies are also often styled "trib ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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