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Canonical Impediment
In the canon law (Catholic Church), canon law of the Catholic Church, an impediment is a legal obstacle that prevents a sacraments of the Catholic Church, sacrament from being performed either Validity and liceity (Catholic Church), validly or licitly or both. The term is used most frequently in relationship to the sacraments of Marriage (Catholic Church), Marriage and Holy Orders. Some canonical impediments can be Dispensation (Catholic Church), dispensed by the competent authority (usually the local Ordinary (Catholic Church), 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 minister (Catholic Church)#Ministers of the sacraments, 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 ...
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Canon Law (Catholic Church)
The canon law of the Catholic Church () is "how the Church organizes and governs herself". It is the system of religious laws and canon law, ecclesiastical legal principles made and enforced by the Hierarchy of the Catholic Church, 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 world, 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 Churches, 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 (Catholic canon law), promulgation by the supreme legislator—the supreme pontiff, who possesses the totality of legislative, executi ...
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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 the law in certain cases.The Law of Christ Vol. I, pg. 284 Its object is to modify the hardship often caused by 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 no longer exists, then the dispensation also ceases to exist.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 relationship, interpersonal and Intimate relationship, sexual relationship between two people in which the couple does not want to, or cannot, enter into a full marriage. Concubinage and marriage are often regarded as similar, but mutually exclusive. During the early stages of European colonialism, administrators often encouraged European men to practice concubinage to discourage them from paying prostitutes for sex (which could spread venereal disease) and from homosexuality. Colonial administrators also believed that having an intimate relationship with a native woman would enhance white men's understanding of native culture and would provide them with essential domestic labor. The latter was critical, as it meant white men did not require wives from the metropole, hence did not require a family wage. Colonial administrators eventually discouraged the practice when these liaisons resulted in offspring who threatened colonial rule by producing a m ...
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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 th ...
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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 re ...
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Consanguinity
Consanguinity (from Latin '':wikt: consanguinitas, consanguinitas'' 'blood relationship') is the characteristic of having a kinship with a relative who is descended from a common ancestor. Many jurisdictions have laws prohibiting people who are closely related by blood from Consanguine marriage, marrying or having sexual relations with each other. The degree of relationship, degree of consanguinity that gives rise to this prohibition varies from place to place. On the other hand, around 20% of the global population lives in areas where some consanguinous marriages are preferred. The degree of relationships are also used to determine heirs of an estate according to statutes that govern intestacy, intestate succession, which also vary from jurisdiction to jurisdiction. In some communities 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 ...
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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 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", in James Hastings, John A. Selbie, and Louis H. Gray (eds.), ''Encyclopædia of Religion and Ethics'' (Edinburgh; New York: T. & T. Clark; Charles Scribner’s Sons, 1908–1926), p. 403. While invincible ignorance eliminates culpability, vincible ignorance at most mitigates it, and may even aggravate guilt. The guilt of an action performed in vincible ignorance ought to be measured by the degree of diligence or negligence shown in performing the act. An individual is morally respo ...
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Pope Gregory IX
Pope Gregory IX (; born Ugolino di Conti; 1145 – 22 August 1241) was head of the Catholic Church and the 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. He worked initially as a cardinal, and after becoming 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 and education Ugolino (Hugh) was born in Anagni near Rome. The date of his birth varies in sources between and 1170. He is said to have been "in his nineties, if not nearly one hundred years old" at his death. He received his education at the Universities of Paris and Bologna. He was created Cardinal-Deacon of the c ...
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Decretal
Decretals () are letters of a pope that formulate decisions in canon law (Catholic Church), 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 1917 Code of Canon Law, ''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 the ...
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Kidnapping
Kidnapping or abduction is the unlawful abduction and confinement of a person against their will, and is a crime in many jurisdictions. Kidnapping may be accomplished by use of force or fear, or a victim may be enticed into confinement by fraud or deception. Kidnapping is distinguished from false imprisonment by the intentional movement of the victim to a different location. Kidnapping may be done to demand a ransom in exchange for releasing the victim, or for other illegal purposes. Kidnapping can be accompanied by bodily injury, which in some jurisdictions elevates the crime to aggravated kidnapping. Kidnapping of a child may be a distinct crime, depending on jurisdiction. Motives Kidnapping can occur for a variety of reasons, with motivations for the crime varying particularly based on the perpetrator. Ransom The kidnapping of a person, most often an adult, for ransom is a common motivation behind kidnapping. This method is primarily utilized by larger organizations, ...
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Chastity
Chastity, also known as purity, is a virtue related to temperance. Someone who is ''chaste'' refrains from sexual activity that is considered immoral or from any sexual activity, according to their state of life. In some contexts, for example when making a vow of chastity, chastity means 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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Vow Of Chastity
Chastity, also known as purity, is a virtue related to temperance. Someone who is ''chaste'' refrains from sexual activity that is considered immoral or from any sexual activity, according to their state of life. In some contexts, for example when making a vow of chastity, chastity means 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, Chri ...
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