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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] |
Catholic Canon Law
The canon law of the Catholic Church () is "how the Church organizes and governs herself". It is the system of religious 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 pope. In contrast, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equity (law)
In the field of jurisprudence, equity is the particular body of law, developed in the English Court of Chancery, with the general purpose of providing legal remedies for cases wherein the common law is inflexible and cannot fairly resolve the disputed legal matter. Conceptually, equity was part of the historical origins of the system of common law of England, yet is a field of law separate from common law, because equity has its own unique rules and principles, and was administered by courts of equity. Equity exists in domestic law, both in civil law and in common law systems, as well as in international law. The tradition of equity begins in antiquity with the writings of Aristotle (''epieikeia'') and with Roman law ('' aequitas''). Later, in civil law systems, equity was integrated in the legal rules, while in common law systems it became an independent body of law. Equity in common law jurisdictions (general) In jurisdictions following the English common law syste ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Customary Law
A legal custom is the established pattern of behavior within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudinary or unofficial law) exists where: #a certain legal practice is observed and #the relevant actors consider it to be an opinion of law or necessity ('' opinio juris''). Most customary laws deal with ''standards of the community'' that have been long-established in a given locale. However, the term can also apply to areas of international law where certain standards have been nearly universal in their acceptance as correct bases of action – for example, laws against piracy or slavery (see '' hostis humani generis''). In many, though not all instances, customary laws will have supportive court rulings and case law that have evolved over time to give additional weight to their rule as law and also to demonstrate the trajectory of evolution (if any) in the judicial ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Motu Proprio
In law, (Latin for 'on his own impulse') describes an official act taken without a formal request from another party. Some jurisdictions use the term for the same concept. In Catholic canon law, it refers to a document issued by the pope on his own initiative and personally signed by him.Oxford Dictionary of the Christian Church (Oxford University Press 2005 ), s.v. motu proprio Such a document may be addressed to the whole church, to part of it, or to some individuals. The first papal was promulgated by Pope Innocent VIII in 1484. It continues to be a common form of papal rescript, especially when establishing institutions, making minor changes to law or procedure, and when granting favours to persons or institutions. Catholic Church Effect An important effect of issuing a document in this way is that a rescript containing the clause is valid and produces its effect even in cases where fraud would ordinarily have vitiated the document, since the pope does not rely o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pope John Paul II
Pope John Paul II (born Karol Józef Wojtyła; 18 May 19202 April 2005) was head of the Catholic Church and sovereign of the Vatican City State from 16 October 1978 until Death and funeral of Pope John Paul II, his death in 2005. In his youth, Wojtyła dabbled in stage acting. He graduated with excellent grades from an All-boys school, all-boys high school in Wadowice, Poland, in 1938, soon after which World War II broke out. During the war, to avoid being kidnapped and sent to a Forced labour under German rule during World War II, German forced labour camp, he signed up for work in harsh conditions in a quarry. Wojtyła eventually took up acting and developed a love for the profession and participated at a local theatre. The linguistically skilled Wojtyła wanted to study Polish language, Polish at university. Encouraged by a conversation with Adam Stefan Sapieha, he decided to study theology and become a priest. Eventually, Wojtyła rose to the position of Archbishop of Kra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Apostolic Constitution
An apostolic constitution () is the most solemn form of legislation issued by the Pope.New Commentary on the Code of Canon Law, pg. 57, footnote 36. By their nature, apostolic constitutions are addressed to the public. Generic constitutions use the title ''apostolic constitution'' and treat solemn matters of the church, such as the promulgation of laws or definitive teachings. The forms dogmatic constitution and pastoral constitution are titles sometimes used to be more descriptive as to the document's purpose. Apostolic constitutions are issued as papal bull A papal bull is a type of public decree, letters patent, or charter issued by the pope of the Catholic Church. It is named after the leaden Seal (emblem), seal (''bulla (seal), bulla'') traditionally appended to authenticate it. History Papal ...s because of their solemn, public form. Among types of papal legislation, apostolic letters issued '' motu proprio'' are next in solemnity. References Citations Sourc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Praedicate Evangelium
( English: ''Preach the gospel'') is an apostolic constitution reforming the Roman Curia; it was published and promulgated on 19 March 2022 by Pope Francis, and the document took effect on 5 June 2022. The apostolic constitution was developed over nine years by the Council of Cardinals. It is the fifth time that a reform of the Roman Curia of this kind has occurred. The document replaces Pope John Paul II's '' Pastor bonus'' of 1988. Preparation The reform of the Roman Curia had been requested by the cardinals at the meetings held before the 2013 conclave. Immediately after becoming pope, Francis started working on the reform. The Council of Cardinals was established in 2013 by Pope Francis to revise '' Pastor bonus''. However, at its first meeting the council decided the changes planned were important enough to deserve an entirely new constitution. The council began working on the new constitution in 2014, and approved the first draft in 2018. This draft "was sent t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Code Of Canons Of The Eastern Churches
The ''Code of Canons of the Eastern Churches'' (CCEC; , abbreviated CCEO) is the title of the 1990 work which is a codification of the common portions of the canon law for the 23 Eastern Catholic Churches in the Catholic Church. It is divided into 30 titles and has a total of 1546 canons. The code entered into force in 1991. The western Latin Church is governed by its own particular code, the 1983 ''Code of Canon Law''. History The 23 '' sui iuris'' Churches which collectively make up the Eastern Catholic Churches had been invited by the Holy See to codify their own particular laws and submit them to the pope so that there may be a full, complete code of all religious law within Eastern Catholicism. Pope John Paul II promulgated the ''Code of Canons of the Eastern Churches'' on 18 October 1990, by the document ''Sacri Canones''. The code came into force on 1 October 1991. Language The official language of the canon law common to all the Eastern Catholic Churches (calle ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1983 Code Of Canon Law
The 1983 ''Code of Canon Law'' (abbreviated 1983 CIC from its Latin title ''Codex Iuris Canonici''), also called the Johanno-Pauline Code, is the "fundamental body of Ecclesiastical Law, ecclesiastical laws for the Latin Church". It is the second and current comprehensive codification (law), codification of Canon Law (Catholic Church), canonical legislation for the Latin Church of the Catholic Church. The 1983 ''Code of Canon Law'' was Promulgation (Catholic canon law), promulgated on 25 January 1983 by John Paul IISacrae Disciplinae Leges accessed Jan-11-2013 and Entry into force, took legal effect on the First Sunday of Advent (27 November) 1983. It replaced the 1917 Code of Canon Law, 1917 ''Code of Cano ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Determinatio
A ''determinatio'' is an authoritative determination by the legislator concerning the application of practical principles, that is not necessitated by deduction from naturalFinnis, John. ''Aquinas'', 266-271. or divine lawHervada, ''Introduction'', pg. 33 but is based on the contingencies of practical judgement within the possibilities allowed by reason. The concept derives from the legal philosophy of Thomas Aquinas, and continues to be a part of discussions in natural law theory. In natural law jurisprudence, ''determinatio'' is the process of making natural law into positive law.Waldron, Jeremy''Torture, Suicide, and Determinatio'' main page Social Science Research Network. Accessed 22 March 2016. In Catholic canon law, ''determinatio'' is the act by which natural law or divine positive law is made determinate in the canonical legal system as specific norms of law, although the content of such law is still essentially that of divine law, which, together with canon law, forms ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Custom (Catholic Canon Law)
In the canon law of the Catholic Church, custom is the repeated and constant performance of certain acts for a defined period of time, which, with the approval of the competent legislator, thereby acquire the force of law.Metz, ''What is Canon Law?'', pg. 39 A custom is an unwritten law introduced by the continuous acts of the faithful with the consent of the legitimate legislator. Historically, some ritual and regulatory customs would be recorded in texts known as customaries for use both within particular cathedrals and religious orders or for dissemination among associated ecclesial communities. Custom may be considered as a fact and as a law. As a fact, it is simply the frequent and free repetition of acts concerning the same thing; as a law, it is the result and consequence of that fact. Hence its name, which is derived from ''consuesco'' or ''consuefacio'' and denotes the frequency of the action. In order for custom to become a source of law, it must be approved by the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
