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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] |
Legal Maxims
A legal maxim is an established principle or proposition of law, and a species of aphorism and general maxim. The word is apparently a variant of the Latin , but this latter word is not found in extant texts of Roman law with any denotation exactly analogous to that of a legal maxim in the Medieval or modern definition, but the treatises of many of the Roman jurists on and are to some degree collections of maxims. Most of the Latin maxims originate from the Medieval era in European states that used Latin as their legal language. The attitude of early English commentators towards the maximal of the law was one of unmingled adulation. In Thomas Hobbes, ''Doctor and Student'' (p. 26), they are described as of the same strength and effect in the law as statutes. Not only, observes Francis Bacon in the preface to his collection of maxims: The use of maxims will be "in deciding doubt and helping soundness of judgment, but, further, in gracing argument, in correcting unprofitable ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pope Gregory IX
Pope Gregory IX ( la, Gregorius IX; born Ugolino di Conti; c. 1145 or before 1170 – 22 August 1241) was head of the Catholic Church and ruler of the Papal States from 19 March 1227 until his death in 1241. He is known for issuing the '' Decretales'' and instituting the Papal Inquisition, in response to the failures of the episcopal inquisitions established during the time of Pope Lucius III, by means of the papal bull ''Ad abolendam'', issued in 1184. The successor of Honorius III, he fully inherited the traditions of Gregory VII and of his own cousin Innocent III and zealously continued their policy of papal supremacy. Early life Ugolino (Hugh) was born in Anagni. The date of his birth varies in sources between c. 1145 and 1170. He received his education at the Universities of Paris and Bologna. He was created Cardinal-Deacon of the church of Sant'Eustachio by his cousin Innocent III in December 1198. In 1206 he was promoted to the rank of Cardinal Bishop of Ostia e Vel ... [...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] |
Legal Rules With Latin Names
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Legal systems vary between jurisdictions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brocard (law)
A brocard is a legal maxim in Latin that is, in a strict sense, derived from traditional legal authorities, even from ancient Rome. The word is a variant of the Latinized name of Burchard of Worms (died AD 1025), Bishop of Worms, Germany, who compiled 20 volumes of ''Ecclesiastical Rules''. History Begun in AD 1008, the materials took Burchard four years to compile. He wrote it while living in a small structure on top of a hill in the forest outside Worms, after his defeat of Duke Otto and while raising his adopted child. The collection, which he called the ''Collectarium Canonum'' or ''Decretum'', became a primary source for canon law. Along with numerous documents from a variety of sources, including the Old Testament and Saint Augustine of Hippo, Burchard included the '' Canon Episcopi'' in this collection, under the belief that it dated from an episcopal "Council of Anquira" in AD 314, but no other evidence of this council exists. Because of this inclusion, Burchard has be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Maxim
A legal maxim is an established principle or proposition of law, and a species of aphorism and general maxim. The word is apparently a variant of the Latin , but this latter word is not found in extant texts of Roman law with any denotation exactly analogous to that of a legal maxim in the Medieval or modern definition, but the treatises of many of the Roman jurists on and are to some degree collections of maxims. Most of the Latin maxims originate from the Medieval era in European states that used Latin as their legal language. The attitude of early English commentators towards the maximal of the law was one of unmingled adulation. In Thomas Hobbes, ''Doctor and Student'' (p. 26), they are described as of the same strength and effect in the law as statutes. Not only, observes Francis Bacon in the preface to his collection of maxims: The use of maxims will be "in deciding doubt and helping soundness of judgment, but, further, in gracing argument, in correcting unprofitable ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Digest Of Justinian
The ''Digest'', also known as the Pandects ( la, Digesta seu Pandectae, adapted from grc, πανδέκτης , "all-containing"), is a name given to a compendium or digest of juristic writings on Roman law compiled by order of the Byzantine emperor Justinian I in 530–533 AD. It is divided into 50 books. The ''Digest'' was part of a reduction and codification of all Roman laws up to that time, which later came to be known as the (). The other two parts were a collection of statutes, the (Code), which survives in a second edition, and an introductory textbook, the Institutes; all three parts were given force of law. The set was intended to be complete, but Justinian passed further legislation, which was later collected separately as the (New Laws or, conventionally, the "Novels"). History The original ''Codex Justinianus'' was promulgated in April of 529 by the C. "Summa". This made it the only source of imperial law, and repealed all earlier codifications. However, it p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justinian Code
The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. It is also sometimes referred to metonymically after one of its parts, the Code of Justinian. The work as planned had three parts: the ''Code'' (''Codex'') is a compilation, by selection and extraction, of imperial enactments to date; the '' Digest'' or ''Pandects'' (the Latin title contains both ''Digesta'' and ''Pandectae'') is an encyclopedia composed of mostly brief extracts from the writings of Roman jurists; and the ''Institutes'' (''Institutiones'') is a student textbook, mainly introducing the ''Code'', although it has important conceptual elements that are less developed in the ''Code'' or the ''Digest''. All three parts, even the textbook, were given force of law. They were intended to be, together, the sole source of law; reference to any other source, inclu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deductive Reasoning
Deductive reasoning is the mental process of drawing deductive inferences. An inference is deductively valid if its conclusion follows logically from its premises, i.e. if it is impossible for the premises to be true and the conclusion to be false. For example, the inference from the premises "all men are mortal" and "Socrates is a man" to the conclusion "Socrates is mortal" is deductively valid. An argument is ''sound'' if it is ''valid'' and all its premises are true. Some theorists define deduction in terms of the intentions of the author: they have to intend for the premises to offer deductive support to the conclusion. With the help of this modification, it is possible to distinguish valid from invalid deductive reasoning: it is invalid if the author's belief about the deductive support is false, but even invalid deductive reasoning is a form of deductive reasoning. Psychology is interested in deductive reasoning as a psychological process, i.e. how people ''actually'' draw ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pope Boniface VIII
Pope Boniface VIII ( la, Bonifatius PP. VIII; born Benedetto Caetani, c. 1230 – 11 October 1303) was the head of the Catholic Church and ruler of the Papal States from 24 December 1294 to his death in 1303. The Caetani, Caetani family was of baronial origin, with connections to the papacy. He succeeded Pope Celestine V, who had papal resignation, abdicated from the papal throne. Boniface spent his early career abroad in diplomatic roles. Boniface VIII put forward some of the strongest claims of any pope to temporal as well as spiritual power. He involved himself often with foreign affairs, including in France, Sicily, Italy and the First War of Scottish Independence. These views, and his chronic intervention in "temporal" affairs, led to many bitter quarrels with Albert I of Germany, Philip IV of France, and Dante Alighieri, who placed the pope in the Eighth Circle of Hell in his ''Divine Comedy'', among the simony, simoniacs. Boniface systematized canon law (Catholic Church), ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Decretals
Decretals ( la, litterae decretales) are letters of a pope that formulate decisions in ecclesiastical law of the Catholic Church.McGurk. ''Dictionary of Medieval Terms''. p. 10 They are generally given in answer to consultations but are sometimes given due to the initiative of the pope himself. These furnish, with the canons of the councils, the chief source of the legislation of the Church, and formed the greater part of the ''Corpus Iuris Canonici'' before they were formally replaced by the ''Codex Iuris Canonici'' of 1917. However, Cardinal Pietro Gasparri led the papal commission for the revision of canon law and later on published a guide to the ''fontes'' (sources) used in the 1917 code. Many canons in this code can easily be retraced in their relationship to and dependency on medieval decretals as well as Roman law. In themselves, the medieval decretals form a very special source which throws light on medieval conflicts and the approaches to their solution. They are someti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Corpus Iuris Canonici
The ''Corpus Juris Canonici'' ( lit. 'Body of Canon Law') is a collection of significant sources of the canon law of the Catholic Church that was applicable to the Latin Church. It was replaced by the 1917 Code of Canon Law which went into effect in 1918. The 1917 Code was later replaced by the 1983 Code of Canon Law, the codification of canon law currently in effect for the Latin Church. In 1990, Eastern Catholic canon law was codified in the Code of Canons of the Eastern Churches, which is currently in effect for the Eastern Catholic Churches. The ''Corpus juris canonici'' was used in canonical courts of the Catholic Church such as those in each diocese and in the courts of appeal at the Roman Curia such as the ''Roman Rota''. Definitions The term ''corpus juris canonici'' was used to denote the system of canonical law beginning in the thirteenth century. The term ''corpus'' (Latin for 'body') here denotes a collection of documents; ''corpus juris'', a collection of laws, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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