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Canonical Impediment
In the canon law of the Catholic Church, an impediment is a legal obstacle that prevents a sacrament from being performed either validly or licitly or both. The term is used most frequently in relationship to the sacraments of Marriage and Holy Orders. Some canonical impediments can be dispensed by the competent authority (usually the local ordinary but some impediments are reserved to the Apostolic See) as defined in Catholic canon law. Impediments to marriage Roman Catholic sacramental theology teaches that the ministers of the sacrament of holy matrimony are the man and woman, and therefore any marriage contracted voluntarily between two baptized and unmarried adults is valid, though under ordinary circumstances the marriage must be witnessed by clergy to be licit. However, various provisions in current canon law outline extraordinary circumstances that would form impediments to marital validity. Validity vs. liceity The validity of an action is distinguished from its ...
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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 ...
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Dispensation (canon Law)
In the jurisprudence of the canon law of the Catholic Church, a dispensation is the exemption from the immediate obligation of law in certain cases.The Law of Christ Vol. I, pg. 284 Its object is to modify the hardship often arising from the rigorous application of general laws to particular cases, and its essence is to preserve the law by suspending its operation in such cases. Concept Since laws aimed at the good of the entire community may not be suitable for certain cases or persons, the legislator has the right (sometimes even the duty) to dispense from the law. Dispensation is not a permanent power or a special right as in privilege. If the reason for the dispensation ceases entirely, then the dispensation also ceases entirely.The Law of Christ Vol. I, pg. 285 If the immediate basis for the right is withdrawn, then the right ceases. Validity, legality, "just and reasonable cause" There must be a "just and reasonable cause"
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Concubinage
Concubinage is an interpersonal and sexual relationship between a man and a woman in which the couple does not want, or cannot enter into a full marriage. Concubinage and marriage are often regarded as similar but mutually exclusive. Concubinage was a formal and institutionalized practice in China until the 20th century that upheld concubines' rights and obligations. A concubine could be freeborn or of slave origin, and their experience could vary tremendously according to their masters' whim. During the Mongol conquests, both foreign royals and captured women were taken as concubines. Concubinage was also common in Meiji Japan as a status symbol, and in Indian society, where the intermingling of castes and religions was frowned upon and a taboo, and concubinage could be practiced with women with whom marriage was considered undesirable, such as those from a lower caste and Muslim women who wouldn't be accepted in a Hindu household and Hindu women who wouldn't be accepted in a ...
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Public Honesty (Decency)
In the canon law of the Catholic Church, the impediment of public propriety, also called public honesty or decency, is a diriment impediment to marriage, a prohibition that prevents a marriage bond from being formed. It arises from a valid betrothal An engagement or betrothal is the period of time between the declaration of acceptance of a marriage proposal and the marriage itself (which is typically but not always commenced with a wedding). During this period, a couple is said to be ''fi ... between the male party to the contract and the blood relatives of the woman in the first degree (mother, daughter, sister), and conversely between the woman and the blood relatives of the man in the same degree (father, son, brother). Once existing, the impediment always remains, even though the betrothal is lawfully broken. Second, this impediment, for a stronger reason, arises from a marriage contract, where the marriage was not consummated, even if the marriage be invalid, unless the ...
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Affinity (Catholic Canon Law)
In Catholic canon law, affinity is an impediment to marriage of a couple due to the relationship which either party has as a result of a kinship relationship created by another marriage or as a result of extramarital intercourse. The relationships that give rise to the impediment have varied over time. Marriages and sexual relations between people in an affinity relationship are regarded as incest. Today, the relevant principle within the Catholic Church is that "affinity does not beget affinity"—i.e., there is no affinity between one spouse's relatives and the other spouse's relatives. Canon 109 of the '' Code of Canon Law'' of the Catholic Church provides that affinity is an impediment to the marriage of a couple, and is a relationship which "arises from a valid marriage, even if not consummated, and exists between a man and the blood relatives of the woman and between the woman and the blood relatives of the man." Also, affinity "is reckoned in such a way that the blood relat ...
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Consanguinity
Consanguinity ("blood relation", from Latin '' consanguinitas'') is the characteristic of having a kinship with another person (being descended from a common ancestor). Many jurisdictions have laws prohibiting people who are related by blood from marrying or having sexual relations with each other. The degree of consanguinity that gives rise to this prohibition varies from place to place. Such rules are also used to determine heirs of an estate according to statutes that govern intestate succession, which also vary from jurisdiction to jurisdiction. In some places and time periods, cousin marriage is allowed or even encouraged; in others, it is taboo, and considered to be incest. The degree of relative consanguinity can be illustrated with a ''consanguinity table'' in which each level of lineal consanguinity (''generation'' or ''meiosis'') appears as a row, and individuals with a collaterally consanguineous relationship share the same row. The Knot System is a numerical notati ...
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Affected Ignorance
Vincible ignorance is, in Catholic moral theology, ignorance that a person could remove by applying reasonable diligence in the given set of circumstances. It contrasts with invincible ignorance, which a person is either entirely incapable of removing, or could only do so by supererogatory Supererogation (Late Latin: ''supererogatio'' "payment beyond what is needed or asked", from ''super'' "beyond" and ''erogare'' "to pay out, expend", itself from ''ex'' "out" and ''rogare'' "to ask") is the performance of more than is asked for; ... efforts (''i.e.'', efforts above and beyond normal duty). Doctrine of vincible ignorance It is culpable to remain willfully ignorant of matters that one is obligated to know.George Hayward Joyce, “INVINCIBLE IGNORANCE,” ed. James Hastings, John A. Selbie, and Louis H. Gray, Encyclopædia of Religion and Ethics (Edinburgh; New York: T. & T. Clark; Charles Scribner’s Sons, 1908–1926), 403. While invincible ignorance eliminates culpabil ...
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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 ...
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Decretal
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 ...
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Kidnapping
In criminal law, kidnapping is the unlawful confinement of a person against their will, often including transportation/asportation. The asportation and abduction element is typically but not necessarily conducted by means of force or fear: the perpetrator may use a weapon to force the victim into a vehicle, but it is still kidnapping if the victim is enticed to enter the vehicle willingly (e.g. in the belief that it is a taxicab). Kidnapping may be done to demand for ransom in exchange for releasing the victim, or for other illegal purposes. Kidnapping can be accompanied by bodily injury which elevates the crime to aggravated kidnapping. Kidnapping of a child is known as child abduction, which is a separate legal category. Motivations Kidnapping of children is usually done by one parent or others. The kidnapping of adults is often for ransom or to force someone to withdraw money from an Automated teller machine, ATM, but may also be for sexual assault. Children have also been ...
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Chastity
Chastity, also known as purity, is a virtue related to temperance. Someone who is ''chaste'' refrains either from sexual activity considered immoral or any sexual activity, according to their state of life. In some contexts, for example when making a vow of chastity, chastity means the same as celibacy. Etymology The words ''chaste'' and ''chastity'' stem from the Latin adjective ("cut off", "separated", "pure"). The words entered the English language around the middle of the 13th century. ''Chaste'' meant "virtuous", "pure from unlawful sexual intercourse") or (from the early 14th century on) as a noun, a virgin, while ''chastity'' meant "(sexual) purity". Thomas Aquinas links ''(chastity)'' to the Latin verb ("chastise, reprimand, correct"), with a reference to Aristotle's Nicomachean Ethics: "Chastity takes its name from the fact that reason 'chastises' concupiscence, which, like a child, needs curbing, as the Philosopher states". In Abrahamic religions For many Jews, ...
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Vow Of Chastity
Chastity, also known as purity, is a virtue related to temperance. Someone who is ''chaste'' refrains either from sexual activity considered immoral or any sexual activity, according to their state of life. In some contexts, for example when making a vow of chastity, chastity means the same as celibacy. Etymology The words ''chaste'' and ''chastity'' stem from the Latin adjective ("cut off", "separated", "pure"). The words entered the English language around the middle of the 13th century. ''Chaste'' meant "virtuous", "pure from unlawful sexual intercourse") or (from the early 14th century on) as a noun, a virgin, while ''chastity'' meant "(sexual) purity". Thomas Aquinas links ''(chastity)'' to the Latin verb ("chastise, reprimand, correct"), with a reference to Aristotle's Nicomachean Ethics: "Chastity takes its name from the fact that reason 'chastises' concupiscence, which, like a child, needs curbing, as the Philosopher states". In Abrahamic religions For many Jews, C ...
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