Jurisdictionalism
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Jurisdictionalism
Jurisdictionalism is a political maneuver intended to extend the state's jurisdiction and control over the life and organization of the Church, namely the parallel legal structure consisting of ecclesiastical rights and privileges. Specifically, it can be defined as a current of thought and a political attitude aiming to affirm the authority of the laical jurisdiction over the ecclesiastical one. Fundamental tools of jurisdictionalism (also called ''regalism'') were the ''placet'' and the ''exequatur'', by which the State allowed or denied the publishing and implementation of orders from the Pope or other national ecclesiastical authorities, and the ''nomina ai benefici'' ("nomination to benefits"), to control the appointment of ecclesiastical charges. Besides these instruments of control, jurisdictionalism also implied the State's direct intervention on ecclesiastical matters such as the age and motives of people wishing to become monks, the usefulness of convents and contemplative ...
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Anticurialism
{{Use dmy dates, date=October 2023 Anticurialism refers to a juridical and philosophical line of thought that conglomerates a group of theories and political positions which appeared in Naples after the Council of Trent and which lasted until the modern day and led to the suppression of the feudal, juridical, and fiscal privileges of the clergy. Further reading *AA.VV., ''Riformatori napoletani, a cura di F. Venturini''. Classici Ricciardi, tomo III, 1962. *De Giovanni G., ''Il Giansenismo a Napoli nel sec. XVIII'', Asprenas I, 1954. *Giannone P., ''Storia civile del Regno di Napoli'', 1723. *Croce B., ''Storia del Regno di Napoli'', Adelphi ed., Milano 1992 See also *Kingdom of Naples *Monarchism *Jurisdictionalism *Jansenism Jansenism was a 17th- and 18th-century Christian theology, theological movement within Roman Catholicism, primarily active in Kingdom of France, France, which arose as an attempt to reconcile the theological concepts of Free will in theology, f ... Can ...
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Jurisdiction
Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple levels (e.g., local, state, and federal). Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. Extraterritorial jurisdiction is exercised through three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises questions of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules t ...
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Inquisition
The Inquisition was a Catholic Inquisitorial system#History, judicial procedure where the Ecclesiastical court, ecclesiastical judges could initiate, investigate and try cases in their jurisdiction. Popularly it became the name for various medieval and reformation-era state-organized tribunals whose aim was to combat Christian heresy, heresy, apostasy, blasphemy, witchcraft, and customs considered to be Deviance (sociology), deviant, using this procedure. Violence, isolation, torture or the threat of its application, have been used by the Inquisition to extract confessions and denunciations. Studies of the records have found that the overwhelming majority of sentences consisted of penances, but convictions of unrepentant heresy were handed over to the secular courts for the application of local law, which generally resulted in execution or life imprisonment. Inquisitions with the aim of combatting religious sedition (e.g. apostasy or heresy) had their start in the Christianity ...
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Political Theories
Political philosophy studies the theoretical and conceptual foundations of politics. It examines the nature, scope, and legitimacy of political institutions, such as states. This field investigates different forms of government, ranging from democracy to authoritarianism, and the values guiding political action, like justice, equality, and liberty. As a normative field, political philosophy focuses on desirable norms and values, in contrast to political science, which emphasizes empirical description. Political ideologies are systems of ideas and principles outlining how society should work. Anarchism rejects the coercive power of centralized governments. It proposes a stateless society to promote liberty and equality. Conservatism seeks to preserve traditional institutions and practices. It is skeptical of the human ability to radically reform society, arguing that drastic changes can destroy the wisdom of past generations. Liberals advocate for individual rights and liberti ...
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Universal Power
In the Middle Ages, the term universal power referred to the Holy Roman Emperor and the Pope. Both were struggling for the so-called '' dominium mundi'', or world dominion, in terms of political and spiritual supremacy. The universal powers continued into the early 19th century until the Napoleonic Wars. The reshaping of Europe meant the effective end of the Empire. Although the Papacy had its territorial limits confined to the Vatican, it retained its soft power in the contemporary world. Origins Given the Caesaropapism of the Byzantine Empire, the situation in the Western World after the decline of the Roman Empire assumed an exceptionally powerful position of the Bishop of Rome. As the only patriarch in the Western World, his status was soon converted into that of a primate (bishop). In addition to this spiritual power, the Bishop of Rome sought to gain temporal power over a territory held by various Germanic Kingdoms in order to make it a true theocracy. The Bishop of ...
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Separation Of Church And State
The separation of church and state is a philosophical and Jurisprudence, jurisprudential concept for defining political distance in the relationship between religious organizations and the State (polity), state. Conceptually, the term refers to the creation of a secular state (with or without legally explicit church-state separation) and to disestablishment, the changing of an existing, formal relationship between the church and the state. The concept originated among early Baptists in America. In 1644, Roger Williams, a Baptist minister and founder of the Rhode Island, state of Rhode Island and the First Baptist Church in America, was the first public official to call for "a wall or hedge of separation" between "the wilderness of the world" and "the garden of the church." Although the concept is older, the exact phrase "separation of church and state" is derived from "wall of separation between Church & State," a term coined by Thomas Jefferson in his 1802 letter to members of t ...
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Josephinism
Josephinism is a name given collectively to the domestic policies of Joseph II, Holy Roman Emperor (1765–1790). During the ten years in which Joseph was the sole ruler of the Habsburg monarchy (1780–1790), he attempted to legislate a series of drastic reforms to remodel Austria in the form of what liberals saw as an ideal Enlightened state. This provoked severe resistance from powerful forces within and outside his empire, but ensured that he would be remembered as an " enlightened ruler" by historians from then to the present day. Origins Born in 1741, Joseph was the son of Maria Theresa of Austria and Francis I, Holy Roman Emperor. He was given a rigorous education in the Age of Enlightenment, with its emphasis on rationality, order, and careful organization in statecraft. Viewing the often confused and complex morass of Habsburg administration in the crownlands of Austria, Bohemia, and Hungary, Joseph was deeply dissatisfied. He inherited the crown of the Holy Roman Empire ...
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Mortmain
Mortmain () is the perpetual, inalienable ownership of real estate by a corporation or legal institution; the term is usually used in the context of its prohibition. Historically, the land owner usually would be the religious office of a church; today, insofar as mortmain prohibitions against perpetual ownership still exist, it refers most often to modern companies and charitable trusts. The term ''mortmain'' is derived from Medieval Latin ''mortua manus'', literally "dead hand", through Old French ''morte main'' (in modern French, ''mainmorte''). History During the Middle Ages in Western European countries such as England, the Catholic Church, Roman Catholic Church acquired a substantial amount of real estate. As the Church and religious orders were each recognised as a legal person separate from the office holder who administered the Church land (such as the abbot or the bishop), the land would not escheat on the death of the holder, or pass by inheritance, as the Church an ...
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Canon Law Of The 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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Age Of Enlightenment
The Age of Enlightenment (also the Age of Reason and the Enlightenment) was a Europe, European Intellect, intellectual and Philosophy, philosophical movement active from the late 17th to early 19th century. Chiefly valuing knowledge gained through rationalism and empiricism, the Enlightenment was concerned with a wide range of social and Politics, political ideals such as natural law, liberty, and progress, toleration and fraternity (philosophy), fraternity, constitutional government, and the formal separation of church and state. The Enlightenment was preceded by and overlapped the Scientific Revolution, which included the work of Johannes Kepler, Galileo Galilei, Francis Bacon, Pierre Gassendi, Christiaan Huygens and Isaac Newton, among others, as well as the philosophy of Descartes, Hobbes, Spinoza, Leibniz, and John Locke. The dating of the period of the beginning of the Enlightenment can be attributed to the publication of René Descartes' ''Discourse on the Method'' in 1 ...
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Regalism
Regalism is the idea that the monarch has supremacy over the Church as an institution, often specifically referring to the Spanish monarchy and the Catholic Church in the Spanish Empire. Regalists sought reforms that "were intended to redefine the clergy as a professional class of spiritual specialists with fewer judicial and administrative responsibilities and less independence than in Habsburg times." Origins Regalism evolved in Spain from a narrow focus on the excesses of the Catholic Church’s secular authority to a doctrine that emphasized the supreme power of the monarchy and its role in society and in the international order. Starting in the 1970s, some historians have viewed regalism as being rooted in the Patronato Real, the crown’s power of appointment of ecclesiastics to Church offices granted to the Catholic Monarchs, Isabel and Ferdinand, giving monarchy the power of appointment of ecclesiastics in their overseas realms of Spanish America and later the Philippines. T ...
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