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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 ru ... [...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. Francis Bacon observed 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 subtlety ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...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 (jurist), Gratian in the 1140s with his ''Decretum Gratiani, Decretum''. In the Eastern Catholic canon law of the Eastern Catholic Churches, Photios I of Constantinople, 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 Justinian I, 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 Rule according to higher law, high ... [...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, 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 legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. 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 also serves as a mediator of relations between people. Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges m ... [...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. History According to the dictionaries, 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'', although some sources disagree. 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 t ... [...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 (philosophy), 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 England, 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. Francis Bacon observed 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 corre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Digest Of Justinian
The ''Digest'' (), also known as the Pandects (; , , "All-Containing"), was 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 permitted reference to ancient jurists whose writings had been regarded as au ... [...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, enacted from 529 to 534 by order of Byzantine Emperor Justinian I. 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, inc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deductive Reasoning
Deductive reasoning is the process of drawing valid inferences. An inference is valid if its conclusion follows logically from its premises, meaning that 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. One approach defines 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. Deductive logic studies under what conditions an argument is valid. According to the semantic approach, an argument is valid ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pope Boniface VIII
Pope Boniface VIII (; born Benedetto Caetani; – 11 October 1303) was head of the Catholic Church and ruler of the Papal States from 24 December 1294 until 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 pontificate abroad in diplomatic roles. Boniface VIII put forward some of the strongest claims of any pope to Temporal power of the Holy See, 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 expected the pope to soon arrive at the Malebolge, eighth circle of Inferno (Dante), Hell in his ''Divine Comedy'', among the simony, simoniacs. Bon ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Decretals
Decretals () 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 sometimes concerned with very ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Corpus Iuris Canonici
The () 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. The 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 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, especially if they are placed in systematic order. It may signify also an official and complete collection of a legislation made by the legislative power, comprising all the laws which are in force in a country or society. The term, although it never receive ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
