| canon law deals with issues under the authority of: The Clergy Sex Abuse Crisis and the Legal Responses James T. O'Reilly, Dr. Margaret S.P. Chalmers, 2014-09-09 The sexual abuse of children and teens by rogue priests in the U.S. Catholic Church is a heinous crime, and those who pray for a religious community as its ministers, priests and rabbis should never tolerate those who prey on that community. The legal disputes of recent years have produced many scandalous headlines and fuelled public discussion about the sexual abuse crisis within the clergy, a crisis that has cost the U.S. Catholic Church over $3 billion. In The Clergy Sex Abuse Crisis and the Legal Responses, two eminent experts, James O'Reilly and Margaret Chalmers, draw on the lessons of recent years to discern the interplay between civil damages law and global church-based canon law. In some countries civil and canon law, although autonomous systems of law, both form part of the church's legal duties. In the United States, freedom of religion issues have complicated how the state adjudicates both cases of abuse and who can be held responsible for clerical oversight. This book examines questions of civil and criminal liability, issues of respondeat superior and oversight, issues with statutes of limitations and dealing with allegations that occurred decades ago, and how the Church's internal judicial processes interact or clash with the civil pursuit of these cases. |
| canon law deals with issues under the authority of: The Investiture Controversy Uta-Renate Blumenthal, 2010-08-03 This book describes the roots of a set of ideals that effected a radical transformation of eleventh-century European society that led to the confrontation between church and monarchy known as the investiture struggle or Gregorian reform. Ideas cannot be divorced from reality, especially not in the Middle Ages. I present them, therefore, in their contemporary political, social, and cultural context.—from the Preface |
| canon law deals with issues under the authority of: Introduction to Canon Law, Third Edition, An: Revised and Updated Coriden, James A., 2019 This is a clear, readable introduction to the basic structures and areas of church rules from one of the nation's most respected canonists. It is now revised, considering the most recent changes to church law, including those initiated by Pope Francis. |
| canon law deals with issues under the authority of: The Oxford Handbook of Criminal Law Markus D Dubber, Tatjana Hörnle, 2014-11-27 The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law. |
| canon law deals with issues under the authority of: The Conspiracy Monsignor William McCarthy, 2010-08-18 The Conspiracy chronicles the monumental struggles of an innocent priest, Monsignor William McCarthy, falsely accused in 2003 of molesting two young sisters more than 23 years earlier. On the eve of his retirement from a stellar career as a priest and pastor, for the next five tortuous years, he was the victim of an anonymous complaint that was accepted as true by his bishop and friend of 40 years. Share his travails and see how ones faith can overcome the worst injustices that man can heap on a holy and totally innocent person. -- Jack Kraft, Esq. Monsignor William McCarthy paints a picture embracing a situation that is almost impossible to comprehend. Had I not stood by him throughout the years of pure hell he experienced, I would not have believed the outright calumny by a detective, and how the subsequent action of his bishop and diocesan staff could have occurred. Child abuse is a terrible thing, but equally horrible is when innocent priests are unjustly condemned and destroyed by the hierarchy of their church. -- Arthur N. Hoagland, M.D. This book is a must read for any Catholic who loves their Church but is concerned about its often self-destructive response to the tragedy of clerical pedophilia. It is story about tragedy and triumph. The tragedy of the Church that Monsignor McCarthy loves deeply, and into which he has selflessly devoted his entire life, but is sometimes governed by people who have lost all sense of justice. It is a Church that betrayed him. In its attempt to protect the victims of child abuse, it established a new category of victims: its faithful priests. The triumph of Monsignor McCarthy is his faith and love of Jesus, which saw him through his terrible ordeal in spite of the evil that was perpetrated against him. -- Deacon Joseph Keenan |
| canon law deals with issues under the authority of: Clericalism George B. Wilson, 2017-06-15 Searching for answers in the midst of the sexual abuse crisis in the church, many blamed the clerical culture. But what exactly is this clerical culture? We may know it when we see it, but how can we 'whether clergy or laypeople 'go about dismantling it and putting in place a new, healthy culture? George Wilson has spent decades working with organizations to help them discover, and often recover, their foundational calling. He is also a Jesuit priest engaged in the lives of congregations. In Clericalism: The Death of Priesthood he brings together both capacities and gives his sense of the challenges facing the church. As members of the church, Wilson maintains, we are all responsible for creating a clerical culture. And we are also responsible for that culture's transformation. Clericalism aids this transformation by helping us examine some underlying attitudes that create and preserve destructive relationships between ordained and laity. After looking at the crisis and establishing where we are now, this book challenges us with concrete suggestions for changing behaviors. We are lay and ordained, but all baptized into the royal priesthood of 1 Peter 2:9, all called to spread the Gospel and do the work of God's love in the world. Ultimately, this is a hopeful book, looking for the restoration of a genuine priesthood, free of clericalism, in which we become truly united in Christ.. |
| canon law deals with issues under the authority of: Canon Law and Episcopal Authority Christopher W. B. Stephens, 2015-05-21 Christopher Stephens focuses on canon law as the starting point for a new interpretation of divisions between East and West in the Church after the death of Constantine the Great. He challenges the common assumption that bishops split between 'Nicenes' and 'non-Nicenes', 'Arians' or 'Eusebians'. Instead, he argues that questions of doctrine took second place to disputes about the status of individual bishops and broader issues of the role of ecclesiastical councils, the nature of episcopal authority, and in particular the supremacy of the bishop of Rome. Canon law allows the author to offer a fresh understanding of the purposes of councils in the East after 337 particularly the famed Dedication Council of 341 and the western meeting of the council of Serdica and the canon law written there, which elevated the bishop of Rome to an authority above all other bishops. Investigating the laws they wrote, the author describes the power struggles taking place in the years following 337 as bishops sought to elevate their status and grasp the opportunity for the absolute form of leadership Constantine had embodied. Combining a close study of the laws and events of this period with broader reflections on the nature of power and authority in the Church and the increasingly important role of canon law, the book offers a fresh narrative of one of the most significant periods in the development of the Church as an institution and of the bishop as a leader. |
| canon law deals with issues under the authority of: The 1917 Or Pio-Benedictine Code of Canon Law Catholic Church, Edward N. Peters, 2001 Available for the first time in a comprehensive English translation, this thoroughly annotated but easy-to-use presentation of the classic 1917 Code of Canon Law by canon and civil lawyer Dr. Edward Peters is destined to become the standard reference work on this milestone of Church law. More than just of historical interest, the 1917 Code is an indispensable tool for understanding the current 1983 Code under which the Roman Catholic Church governs itself. Dr. Peters' faithful translation of the original Latin text of 1917, along with his detailed references to such key canonical works as Canon Law Digest and hundreds of English language doctoral dissertations on canon law produced at the world's great Catholic universities, now allows researchers to access directly this great fountain of ecclesiastical legal science. No student of canon law, and indeed, no one with a need to understand modern Church administration, can afford to be without this important volume. |
| canon law deals with issues under the authority of: The Cambridge Companion to Medieval English Law and Literature Candace Barrington, Sebastian Sobecki, 2019-08-08 A comprehensive and wide-ranging account of the interrelationship between law and literature in Anglo-Saxon, Medieval and Tudor England. |
| canon law deals with issues under the authority of: The treatise on the apostolic tradition of St. Hippolytus of Rome Hippolytus (Antipope), 1968 |
| canon law deals with issues under the authority of: The Causes and Context of Sexual Abuse of Minors by Catholic Priests in the United States, 1950-2010 Karen J. Terry, Catholic Church. United States Conference of Catholic Bishops, 2011 This report outlines the results of an empirically based study of the causes and context of the phenomenon of sexual abuse of minors by Catholic priests in the United States between 1950 and 2010. It is the second of two studies produced by researchers at John Jay College of Criminal Justice about sexual abuse by Catholic priests. ... This second study (the Causes and Context study) sought to understand why the sexual abuse of minors by Catholic priests occurred as it did by integrating research from sociocultural, psychological, situational, and organizational perspectives. |
| canon law deals with issues under the authority of: Mercy and Justice , 2020-06-15 The term mercy is currently omnipresent in Catholic debates. It dominates at events such as the recent Family Synods and the Jubilee Years. At the same time, it poses a significant problem for cases dealing with sexual abuse. Mercy calls to consider an individual's needs and this conflicts with justice necessitating equal treatment for everyone. Mercy applies to the fallible individual deserving of punishment, but who is saved by grace. This is most apparent in the Sacrament of Penance and other forms of penitence, forgiveness, and reconciliation where mercy both transcends and undermines justice. This problem, widely ignored in church teaching, is addressed by Dirk Ansorge, James Dallen, Judith Hahn, Atria A. Larson, Sandra Lassak, Michael A. Nobel, Rosel Oehmen-Vieregge, Heike Springhart, and Gunda Werner. |
| canon law deals with issues under the authority of: No Crueler Tyrannies Dorothy Rabinowitz, 2004-03-02 In No Crueler Tyrannies, Pulitzer Prize-winning journalist Dorothy Rabinowitz re-frames the facts, reconsiders the evidence, and demystifies the proceedings of some of America's most harrowing cases of failed justice. Recalling the hysteria that accompanied the child sex-abuse witch-hunts of the 1980s and 1990s, Rabinowitz's investigative study brings to life such alarming examples of prosecutorial terrors as the case against New Jersey nursery school worker Kelly Michaels, absurdly accused of 280 counts of sexual assault; the as-yet-unfinished story of Gerald Amirault's involvement in the Fells Acres scandal; Patrick Griffin, a respected physician whose life and reputation were destroyed by one false accusation of molestation; and Miami policeman Grant Snowden's sentencing of five consecutive life terms for a crime that, as proved in court eleven years later, he did not commit. By turns a shocking exposé, a much-needed postmortem, and a required-reading assignment for prosecutors and judges alike, No Crueler Tyrannies is ultimately an inspiring book about the courage of ordinary citizens who believe in the American judicial system enough to fight for due process. |
| canon law deals with issues under the authority of: Canon Law in the Anglican Communion Norman Doe, 1998 There is no recognised corpus of binding law globally applicable to all churches in the Anglican Communion. This book makes available a comparative study of the constitutions, canons, and other forms of law of Anglican churches worldwide. |
| canon law deals with issues under the authority of: The Book of Gomorrah and St. Peter Damian's Struggle Against Ecclesiastical Corruption Saint Peter Damian, 2015 The most accurate and faithful English translation ever produced of St. Peter Damian's Book of Gomorrah, an impassioned denunciation of the vice of sodomy among clerics. The work carries a foreword by Cardinal Juan Sandoval Iñiguez, endorsements by eminent scholars, and an account of Damian's struggle against corruption in the Catholic Church. It also includes a preface addressing and resolving certain historical controversies about the text. |
| canon law deals with issues under the authority of: Surprised by Canon Law Pete Vere, Michael Trueman, 2004 From time to time, all Catholics have them: nagging questions about church life, often prompted by some personal encounter or challenging situation: Is a layperson allowed to preach a homily? Is a pastor required to report to someone regarding parish finances, or is he on his own? It seems like the parish council is running your parish. Does it have the authority to do so? Must a child be baptized in a church, or may the baptism take place at home? Surprised by Canon Law tackles these and many other questions, all of which have been formally addressed by the Roman Catholic Church’s Code of Canon Law. The Code—the internal legal system that governs the church’s day-to-day workings—deals with far-flung concerns of interest to the person-in-the-pew. This practical guide to the Code provides answers to a range of questions, from “Can the pope resign?” to the more sensitive query “Do you have the right to tell your bishop what the diocese needs?” In straightforward language the authors discuss the nuts-and-bolts of church life, making canon law accessible to the everyday Catholic. A Servant Book. |
| canon law deals with issues under the authority of: Canon Revisited Michael J. Kruger, 2012-04-30 Given the popular-level conversations on phenomena like the Gospel of Thomas and Bart Ehrman's Misquoting Jesus, as well as the current gap in evangelical scholarship on the origins of the New Testament, Michael Kruger's Canon Revisited meets a significant need for an up-to-date work on canon by addressing recent developments in the field. He presents an academically rigorous yet accessible study of the New Testament canon that looks deeper than the traditional surveys of councils and creeds, mining the text itself for direction in understanding what the original authors and audiences believed the canon to be. Canon Revisited provides an evangelical introduction to the New Testament canon that can be used in seminary and college classrooms, and read by pastors and educated lay leaders alike. In contrast to the prior volumes on canon, this volume distinguishes itself by placing a substantial focus on the theology of canon as the context within which the historical evidence is evaluated and assessed. Rather than simply discussing the history of canon—rehashing the Patristic data yet again—Kruger develops a strong theological framework for affirming and authenticating the canon as authoritative. In effect, this work successfully unites both the theology and the historical development of the canon, ultimately serving as a practical defense for the authority of the New Testament books. |
| canon law deals with issues under the authority of: Plenitude of Power Professor Robert C Figueira, 2013-06-28 'I study power' – so Robert Louis Benson described his work as a scholar of medieval history. This volume unites papers by a number of his students dealing with matters central to Benson's historical interests – ecclesiastical institutions and administration, emperorship and papacy, canon law, political ideology, and historiography. The justification and exercise of political power is considered in two chapters that look at how the hagiography of a late Roman military saint, Maurice, was harnessed in the 11th century to the discussion of the power exercised by both emperor and pope, and how both pious purpose and political pretext animated the Hohenstaufen emperors' suppression of heresy. Three subsequent chapters focus on the Church: a study of the legal commentaries that taught that the 'authority to bind and loose' in a specific ecclesiastical matter could be determined by the opinions of 'the elders of the province'; an argument that Innocent III's administration of the Roman church represented a model for the ordering of all Christian society; and an inquiry into the doctrinal formation of the 'territorial principle' in the exercise of jurisdiction by papal legates. The late Middle Ages provides the focus for two additional studies, namely an exploration of the issues of power and authority in the charitable institutions of Cologne in the 13th–14th centuries, and the argument that the current desire for universal standards of governmental conduct in the area of basic human rights hearkens back to natural law theory as outlined in the 15th century by Nicholas of Cusa. Two historiographical studies round out the volume: an estimation of modern research regarding the political theology of late antiquity, and a reflection on Benson's own contribution to historical scholarship. Together, these papers both epitomize and further develop Benson's distinctive approach to the study of the Middle Ages, while themselves making their own important contribution. |
| canon law deals with issues under the authority of: Law, Person, and Community John J. Coughlin, 2012-04-19 This publication takes up the fundamental question 'What is law?' through a comparative study of canon law and secular legal theory. The book also includes comparative consideration of the failure of canon law to address the clergy sexual abuse crisis the canon law of marriage, administrative law, the rule of law and much more. |
| canon law deals with issues under the authority of: Canon Law, Religion, and Politics Uta-Renate Blumenthal, Anders Winroth, Peter Landau, 2012-07-02 Canon Law, Religion, and Politics extends and honors the work of the distinguished historian Robert Somerville, a preeminent expert on medieval church councils, law, and papal history. |
| canon law deals with issues under the authority of: Model Rules of Professional Conduct American Bar Association. House of Delegates, Center for Professional Responsibility (American Bar Association), 2007 The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts. |
| canon law deals with issues under the authority of: The Theology of Marriage Cormac Burke, 2015 Please fill in marketing copy |
| canon law deals with issues under the authority of: A Sourcebook on Byzantine Law Daphne Penna, Roos Meijering, 2022-10-17 This book provides for the first time in English a wide range of Byzantine legal sources and explains Byzantine law through these sources, thereby offering a scholarly introduction to the background and content of Byzantine law. |
| canon law deals with issues under the authority of: Money in the Western Legal Tradition David Fox, Wolfgang Ernst, 2016-01-28 Monetary law is essential to the functioning of private transactions and international dealings by the state: nearly every legal transaction has a monetary aspect. Money in the Western Legal Tradition presents the first comprehensive analysis of Western monetary law, covering the civil law and Anglo-American common law legal systems from the High Middle Ages up to the middle of the 20th century. Weaving a detailed tapestry of the changing concepts of money and private transactions throughout the ages, the contributors investigate the special contribution made by legal scholars and practitioners to our understanding of money and the laws that govern it. Divided in five parts, the book begins with the coin currency of the Middle Ages, moving through the invention of nominalism in the early modern period to cashless payment and the rise of the banking system and paper money, then charting the progression to fiat money in the modern era. Each part commences with an overview of the monetary environment for the historical period written by an economic historian or numismatist. These are followed by chapters describing the legal doctrines of each period in civil and common law. Each section contains examples of contemporary litigation or statute law which engages with the distinctive issues affecting the monetary law of the period. This interdisciplinary approach reveals the distinctive conception of money prevalent in each period, which either facilitated or hampered the implementation of economic policy and the operation of private transactions. |
| canon law deals with issues under the authority of: New Commentary on the Code of Canon Law John P. Beal, James A. Coriden, Thomas Joseph Green, 2000 An entirely new and comprehensive commentary by canon lawyers from North America and Europe, with a revised English translation of the code. Reflects the enormous developments in canon law since the publication of the original commentary. + |
| canon law deals with issues under the authority of: Contracts Between Ecclesiastical Entities According to Canon Law Joseph Clifford N. Ndi , 2018-08-28 Within ecclesiastical circles, both from the perspective of legal practice and ordinary relational matters between ecclesiastical entities, the theme of contract very scarcely occupies a place of prominence. It is a situation that is due on the one hand, and to a large extent, to the fact that the canonisation of civil law on contracts (c. 1290 CIC/1983) has had the consequence of transferring the preoccupation of the entities on this matter to the domain of civil law. Besides, and still connected to the above, is the tendency to attribute a merely pastoral relevance to their relationships, with little or no reference to the juridic aspects inherent in these relationships. It is a situation that is largely responsible for the crisis which do not uncommonly characterise some of these relationships as verified over the centuries; particularly in the relationship between dioceses and religious institutes. The issuance of various papal and conciliar exhortations before and after Vatican II, as well as the normative instructions and legal provisions contained in various juridic documents, most prominently cc. 271, 520, 681 and 790 of CIC/1983, has gone a long way to dissipate some of the tensions of the past. However, the true nature of how the contractual relationship between ecclesiastical entities, including the attendant issues of conceptual understanding, civil status of ecclesiastical entities, resolution of contractual disputes, etc., remains a matter of investigative interest for the canonist. This is, in a nutshell, the substance of this research work. The conclusions arrived at offer the reader an insight into the available untapped resources within the ecclesiastical legal system, as well as some considerable possibilities which remain to be explored to the benefit of the subjects of canon law. |
| canon law deals with issues under the authority of: Law and the Christian Tradition in Italy Orazio Condorelli, Rafael Domingo, 2020-07-02 Firmly rooted on Roman and canon law, Italian legal culture has had an impressive influence on the civil law tradition from the Middle Ages to present day, and it is rightly regarded as the cradle of the European legal culture. Along with Justinian’s compilation, the US Constitution, and the French Civil Code, the Decretum of Master Gratian or the so-called Glossa ordinaria of Accursius are one of the few legal sources that have influenced the entire world for centuries. This volume explores a millennium-long story of law and religion in Italy through a series of twenty-six biographical chapters written by distinguished legal scholars and historians from Italy and around the world. The chapters range from the first Italian civilians and canonists, Irnerius and Gratian in the early twelfth century, to the leading architect of the Second Vatican Council, Pope Paul VI. Between these two bookends, this volume offers notable case studies of familiar civilians like Bartolo, Baldo, and Gentili and familiar canonists like Hostiensis, Panormitanus, and Gasparri but also a number of other jurists in the broadest sense who deserve much more attention especially outside of Italy. This diversity of international and methodological perspectives gives the volume its unique character. The book will be essential reading for academics working in the areas of Legal History, Law and Religion, and Constitutional Law and will appeal to scholars, lawyers, and students interested in the interplay between religion and law in the era of globalization. |
| canon law deals with issues under the authority of: Canon Law in the Age of Reforms (ca. 1000 to Ca. 1150) Christof Rolker, 2023-09-21 This monograph addresses the history of canon law in Western Europe between ca. 1000 and ca. 1150, specifically the collections compiled and the councils held in that time. The main part consists of an analysis of all major collections, taking into account their formal and material sources, the social and political context of their origin, the manuscript transmission, and their reception more generally. As most collections are not available in reliable editions, a considerable part of the discussion involves the analysis of medieval manuscripts. Specialized research is available for many but not all these works, but tends to be scattered across miscellaneous publications in English, German, French, Italian, and Spanish; one purpose of the book is thus to provide relatively uniform, up-to-date accounts of all major collections of the period. At the same time, the book argues that the collections are much more directly influenced by the social milieux from which they emerged, and that more groups were involved in the development of high medieval canon law than it has previously been thought. In particular, the book seeks to replace the still widely held belief that the development of canon law in the century before Gratian's Decretum (ca. 1140) was largely driven by the Reform papacy. Instead, it is crucial to take into account the contribution of bishops, monks, and other groups with often conflicting interests. Put briefly, local needs and conflicts played a considerably more important role than central (papal) 'reform', on which older scholarship has largely focused. |
| canon law deals with issues under the authority of: Handbook of African Catholicism Ilo, Stan Chu, 2022-07-13 A disciplinary map for understanding African Catholicism today by engaging some of the most pressing and pertinent issues, topics, and conversations in diverse fields of studies in African Catholicism-- |
| canon law deals with issues under the authority of: National Directory for the Formation, Ministry, and Life of Permanent Deacons in the United States Catholic Church. National Conference of Catholic Bishops. Bishops' Committee on the Permanent Diaconate, 2005 The national directory addresses the dimensions and perspectives in the formation of deacons and the model standards for the formation, ministry, and life of deacons in the United States. It is intended as a guideline for formation, ministry, and life of permanent deacons and a directive to be utilized when preparing or updating a diaconate program in formulating policies for the ministry and life of deacons. This volume also includes Basic Standards for Readiness for the formation of permanent deacons in the United States, from the bishops' Committee on the Diaconate, and the committee document Visit of Consultation Teams to Diocesan Permanent Diaconate Formation Programs. |
| canon law deals with issues under the authority of: Catechism of the Catholic Church U.S. Catholic Church, 2012-11-28 Over 3 million copies sold! Essential reading for Catholics of all walks of life. Here it is - the first new Catechism of the Catholic Church in more than 400 years, a complete summary of what Catholics around the world commonly believe. The Catechism draws on the Bible, the Mass, the Sacraments, Church tradition and teaching, and the lives of saints. It comes with a complete index, footnotes and cross-references for a fuller understanding of every subject. The word catechism means instruction - this book will serve as the standard for all future catechisms. Using the tradition of explaining what the Church believes (the Creed), what she celebrates (the Sacraments), what she lives (the Commandments), and what she prays (the Lord's Prayer), the Catechism of the Catholic Church offers challenges for believers and answers for all those interested in learning about the mystery of the Catholic faith. The Catechism of the Catholic Church is a positive, coherent and contemporary map for our spiritual journey toward transformation. |
| canon law deals with issues under the authority of: Church Law and Church Order in Rome and Byzantium Clarence Gallagher, 2019-03-11 This book presents a comparative study of church order in the East and West of the Christian world. It deals with the development of canon law from the 6th century, the time of Dionysius Exiguus and John Scholastikos, up to the period of Balsamon and Gratian. While the focus is upon Rome and Constantinople, the author includes in his discussion the churches under Islamic rule, in Syria and Persia, and describes the beginnings of Slavonic canon law in Moravia. The issues of church government, the discipline of the clergy (married or celibate), and the question of divorce and re-marriage are key themes. By illustrating how these were faced in the canon law of the Christian churches of late antiquity and the earlier Middle Ages, the book highlights questions of unity and diversity within the Christian tradition. |
| canon law deals with issues under the authority of: Shaping Church Law Around the Year 1000 Greta Austin, 2017-05-15 This study of Burchard's 'Decretum', a popular book of Catholic canon law compiled just after the year 1000, sheds new light on the development of law and theology long before the Gregorian Reform, normally considered as a watershed in the history of the Latin Church. Practical episcopal concerns and an appreciation of new scholarly methods led Burchard to be dissatisfied with the quality of contemporary jurisprudence and particularly with the teaching texts available to local bishops. Drawing upon new manuscript discoveries, the author shows how Burchard tried to create a new text that would address these problems. He carefully selected and compiled canons from earlier collections and then went on to tamper systematically with the texts he had chosen. By doing so, he created a book of church law that appeared to be based on indisputable authority, that was internally consistent and that was easy to apply through logical extrapolation to new cases. The present study thus provides a window into the development of legal and theological reasoning in the medieval West, and suggests that, thanks to the work of ambitious bishops, the flowering of law and theology began far earlier, and for different reasons, than scholars have heretofore supposed. |
| canon law deals with issues under the authority of: Dissolving Wedlock Dr Colin Gibson, Colin Gibson, 2002-09-11 The divorce rate has been rising significantly throughout the twentieth century. By interweaving the historical, demographic, sociological, legal, political and policy aspects of this increase, Colin Gibson explores the effects it has had on family patterns and habits. Dissolving Wedlock presents a multi-disciplinary examination of all the socio-legal consequences of family breakdown. Dissolving Wedlock will be invaluable reading to all lecturers and students of social policy, sociology and social work as well as to professionals and lawyers working in the field of divorce. |
| canon law deals with issues under the authority of: Foundations of a Sociology of Canon Law Judith Hahn, 2022-08-08 This Open Access book investigates the legal reality of the church through a sociological lens and from the perspective of canon law studies, the discipline which researches the law and the legal structure of the Catholic Church. It introduces readers from various backgrounds to the sociology of canon law, which is both a legal and a theological field of study, and is the first step towards introducing a new subdiscipline of the sociology of canon law. As a theoretical approach to mapping out this field, it asks what theology and canon law may learn from sociology; it discusses the understanding of “law” in religious contexts; studies the preconditions of legal validity and effectiveness; and based on these findings it asks in what sense it is possible to speak of canon “law”. By studying a religious order as its struggles to find a balance between continuity and change, this book also contributes to the debates on religious law in modernity and the challenges it faces from secular states and plural societies. This book is of interest to researchers and students of the sociology of law, legal studies, law and religion, the sociology of religion, theology, and religious studies. This is an open access book. |
| canon law deals with issues under the authority of: New Discourses in Medieval Canon Law Research , 2019-04-09 New Discourses in Medieval Canon Law Research offers a new narrative for medieval canon law history which avoids the pitfall of teleological explanations by taking seriously the multiplicity of legal development in the Middle Ages and the divergent interests of the actors involved. The contributors address the still dominant ‘master narrative’, mainly developed by Paul Fournier and enshrined in his magisterial Histoire de collections canoniques. They present new research on pre-Gratian canon collection, Gratian’s Decretum, decretal collections, but also hagiography, theology, and narrative sources challenging the standard account; a separate chapter is devoted to Fournier’s model and its genesis. New Discourses thus brings together specialized research and broader questions of who to write the history of church law in the Middle Ages. Contributors are Greta Austin, Katheleen G. Cushing, Stephan Dusil, Tatsushi Genka, John S. Ott, Christof Rolker, Danica Summerlin, Andreas Thier and John C. Wei. |
| canon law deals with issues under the authority of: Inside the Vatican Thomas S.J. Reese, 1998-02-19 A comprehensive examination of the world’s most complex religious organization. There are one billion Catholics in the world today, spread over every continent, speaking almost every conceivable language, and all answering to a single authority. The Vatican is a unique international organization, both in terms of its extraordinary power and influence, and in terms of its endurance. Popes come and go, but the elaborate and complex bureaucracy called the Vatican lives on. For centuries, it has served and sometimes undermined popes; it has been praised and blamed for the actions of the pope and for the state of the church. Yet an objective examination of the workings of the Vatican has been unavailable until now. Drawing on more than a hundred interviews with Vatican officials, this book affords a firsthand look at the people, the politics, and the organization behind the institution. Thomas Reese brings remarkable clarity to the almost Byzantine bureaucracy of congregations, agencies, secretariats, tribunals, nunciature, and offices, showing how they serve the pope and, through him, the universal church. He gives a lively account of how popes are elected and bishops appointed, how dissident theologians are disciplined and civil authorities dealt with. Throughout, revealing and colorful anecdotes from church history and the present day bring the unique culture of the Vatican to life. The Vatican is a fascinating institution, a model of continuity and adaptation, which remains constant while functioning powerfully in a changing world. As never before, this book provides a clear, objective perspective on how the enormously complex institution surrounding the papacy operates on a day-to-day level, how it has adapted and endured for close to two thousand years, and how it is likely to face the challenges of the next millennium. Praise for Inside the Vatican “Reese does an admirable job of lifting the veil of secrecy surrounding the Holy See to examine the nuts and bolts of the operation . . . [He] paints a revealingly human portrait of Vatican life . . . Ultimately, this is the merit of Inside the Vatican: Reese gets it right. And in [such] a place . . . that’s no easy task.” —Greg Burke, Time “[Reese] paints a clear, largely dispassionate and often compelling picture of Vatican operations and, in so doing, highlights the tensions that tear the church.” —Diego Ribadeneira, The Boston Globe “[T]his is a useful and even valuable study of the institutional centre of the Roman Catholic Church, and of the relations between the centre, and the worldwide network of local churches which go to make up the Church catholic. Dr. Reese . . . brings impressive qualifications and experience as a political scientist to this [study] . . . It is the special virtue of Dr. Reese’s study that he succeeds where many have failed in providing an analytic, critical and comprehensive account of how [the Vatican] works.” —Seán Mac Réamoinn, The Irish Times |
| canon law deals with issues under the authority of: The Oxford Handbook of Legal History Markus D. Dubber, Christopher Tomlins, 2018-08-02 Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts. |
| canon law deals with issues under the authority of: Medieval Canon Law James A Brundage, 2014-06-11 It is impossible to understand how the medieval church functioned -- and in turn influenced and controlled the lay world within its care -- without understanding the development, character and impact of `canon law', its own distinctive law code. However important, this can seem a daunting subject to non-specialists. They have long needed an attractive but authoritative introduction, avoiding arid technicalities and setting the subject in its widest context. James Brundage's marvellously fluent and accessible book is the perfect answer: it will be warmly welcomed by medievalists and students of ecclesiastical and legal history. |
| canon law deals with issues under the authority of: The Ashgate Research Companion to the Counter-Reformation Alexandra Bamji, Geert H. Janssen, Mary Laven, 2016-03-23 'In the last two decades, the history of the Counter-Reformation has been stretched and re-shaped in numerous directions. Reflecting the variety and innovation that characterize studies of early modern Catholicism today, this volume incorporates topics as diverse as life cycle and community, science and the senses, the performing and visual arts, material objects and print culture, war and the state, sacred landscapes and urban structures. Moreover, it challenges the conventional chronological parameters of the Counter-Reformation and introduces the reader to the latest research on global Catholicism. The Ashgate Research Companion to the Counter-Reformation presents a comprehensive examination of recent scholarship on early modern Catholicism in its many guises. It examines how the Tridentine reforms inspired conflict and conversion, and evaluates lives and identities, spirituality, culture and religious change. This wide-ranging and original research guide is a unique resource for scholars and students of European and transnational history. |
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Authority, Legitimacy, and the Obligation to Obey the Law
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AUTHORITY, LEGITIMACY, AND THE OBLIGATION TO OBEY THE LAW Richard Dagger * University of Richmond, Department of Political Science …
THE PRINCIPLES OF CANON LAW - Cambridge University …
canon law existed not in the abstract but as a material fact: in the undivided Western Church, the generic canon law was an objective reality: the ius commune was an over-arching canon law …
A MANUAL - isidore.co
a manual of canon law by rev. matthew ramste1n, s.t. mag., j.u.d. o f t h e o r d e r o f f r ia r s m in o r c o n v e n t u a l + + ++ + ++ + + a u th o r o f
of Religious Institutes* - JSTOR
limited to persons. The Code of Canon Law gives status or recognition to such things as churches, schools, seminaries and cemeteries. Through its law the Church recognizes that …
The Role of Canon - Social Theology
canon law, explanations that are not present in the Code of Canon Law itself. First, canon law makes the hierarchical and organic structure of the Church visible. While the Church is the …
ECCLESIASTICAL OFFICES - Catholic Health Association of the …
Code of Canon Law in regard to religious who are being presented for offices in a diocese. Thus, for instance, if a religious is being presented for a position in a parish, the agreement is …
EMORY LAW - John Witte Jr.
doctrines and canon-law antecedents.15 Even American judicial opinions have begun to cite recent scholarship on medieval canon law, on matters ranging from the religious origins of …
EXCLAUSTRATION: CANONICAL PROVISIONS AND EFFECTS
12 It is a favour granted by the competent authority. 2.1.4. The Competent Authority to Grant the Indult in the Latin Code Regarding the competent authority to grant an indult of exclaustration …
What canon lawyers are and aren’t - Edward N. Peters
canon law defines their authority in ac- cord with the nature of the Church as mandated by Christ. The opinion of a canonist on a specific question, then, is the opinion of ... energy for the …
BOOK I. GENERAL NORMS LIBER I. DE NORMIS …
to the canon law now in force or one beyond a canonical law (praeter legem canonicam) obtains the force of law only if it has been legitimately observed for thirty continuous and complete …
Catholic Dioceses in Bankruptcy - Pennsylvania State University
the key characteristics of Catholic dioceses under canon and secular organization law and the bankruptcy cont exts in which these characteristics became hot-button issues. It offers an …
Theological Foundation of Administrative Canon Law
nistration Canon Law in the Code of 1983. Key words: the Church; Canon Law; II Vatican Council. 1. INTRODUCTION In 1967 the commission responsible for the revision of the code presented …
ALIENATION OF TEMPORAL GOODS OF SUPPRESSED
CLSA Canon Law Society of America CLSA Comm2 J.P. BEAL, J.A. CORIDEN and T.J. GREEN (eds.), New Commentary on the Code of Canon Law CLSAP Proceedings of the Canon Law …
Associations of the Faithful - Quies.org
ecclesiastical authority over associations, the various types of associations of the faithful, their juridic status and the use of the term “Catholic.” In summary, I will apply these concepts to a …
CANON LAW SOCIETY OF AMERICA PROCEEDINGS OF
terms to be compared are, on the one side, the corpus of canon law as it is contained in the Code of Canon Law promulgated in 1983; on the other side, the event and achievement of Vatican …
CHARMING BETSY AND THE INTELLECTUAL PROPERTY
Since 1974, nearly all trade agreements have been approved under “fast track” or “trade promotion authority” (TPA). This procedure ex-pedites congressional consideration of the …
CANONS 230 AND 915 - Edward N. Peters
parallel to canon 1340, §2 (which prohibits imposing public penances for occult transgressions), and canon 1330 (which prohibits penalties in cases where no one has perceived the offense), …
The University of Notre Dame Australia Law Review
canon law issues that may affect decisions for civil law issues. Neither the writer nor the article purport to present an expert canon law consideration of these issues. Access to several canon …
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law, special attention is also paid to matrimonial canon law and penal canon law. Es-pecially for these two, it is most appropriate to point out influences of general theo-logical and legal …
The Exceptional Priest of Canon 1098 - Internet Archive
canon law books and articles, it might seem like every other one deals with marriage, or some particular law or subject related to marriage. The validity of marriage is, obviously, a subject …
Fencing the Altar - canonlaw.info
Canon 912 adds that any baptized person “not prohibited by law can and must be admitted to holy com- munion,” and canon 18 states that any laws that “restrict the free exer- cise of rights …
CANON LAW AND COMMUNION - Cambridge University …
ceived as distinct from canon law, the latter being of human creation." Divine law is the dynamic behind all canon law.12 Generally divine law is treated as a source of humanly-made canon …
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canon law defines their authority in ac- cord with the nature of the Church as mandated by Christ. The opinion of a canonist on a specific question, then, is the opinion of ... energy for the …
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under which such person is detained pending the execution ofthe sentence by virtue of any law or practice in force immediately before the commencement of the Charter of Fundamental Rights …
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The Code of Canon Law states that presbyters can validly administer confirmation either because the law grants them the faculty or because they have a special concession from one with the …
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The canon law has never required the consent of a parent before a child is baptized. Indeed, had that been so, emergency baptism would have proved impossible. ... responsibilities and …
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rights under secular law frequently clash with canon law over attribution of property and hierarchy of authority over property. The presentation will conclude with a discussion of ways in which …
EXPLICIT AND IMPLICIT RIGHTS COMMON TO A AITHFUL IN …
the law may also give rise to implicit rights. These can only be known by a careful study and interpretation of the law considered in text and context. There are also certain Latin …
D IOCESE OF C HARLESTON Parish Finance Council Handbook
Handbook,” shall constitute the corpus of canon law for the Diocese of Charleston for parish administration. When carrying out the duties pertaining to the administration of temporal goods, …
RELEGATION OF A CHURCH TO SECULAR BUT NOT …
The two paragraphs for canon 1222 require grave cause for relegating a church to secular but not unbecoming use. The possibility envisioned in canon 1222§2 must rise at least to the level of …
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5 ECCLESIASTICAL LAW AND THE CODE OF CANONS One of the standard reference books provides this definition of Z anon Law: The body of ecclesiastical rules or laws imposed by …
The Conjugal Debt and Medieval Canon Law - Saylor …
authority on questions relating to conjugal sex. Gratian, the "father of canon law," drew heavily upon Augustine as his leading authority for marriage law.\\ See Walter Ullman, Law and …
Code Of Canon Law Annotated By Catholic Church
I. Understanding the Annotated Code of Canon Law The Code of Canon Law, in its raw form, is a dense and intricate document. Annotated editions provide crucial explanatory notes, cross …
Questions and Answers Regarding the Canonical Process …
Q: What does canon law now require a bishop to do when he receives an allegation of sexual abuse of a minor committed by a cleric (priest or deacon)? A: The Code of Canon Law …
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→ Western legal tradition is influenced by Christian thought (canon law) → Canon law is the basis of: Modern Matrimonial law Regulation of sexual relationships Contracts may be concluded by …
Anointing of the Sick - Catholic Health Association of the …
CANON LAW e have been richly gifted by health care ministry in the church from the earliest times. The power to heal in the New Testament was given within a missionary con-text, not for …
The Early Modern Legacy of Medieval Canon Law - JSTOR
The Early Modern Legacy of Medieval Canon Law The Medieval Canon Law: Teaching, Literature, and Transmission. The Sandars Lectures in Bibliography. By DOROTHY M. OWEN. …
A ll hasis on issues pertaining to theducation P R T C A T L S K …
of canon law, It is axiomatic in sound Catholic social thought that ... civil society, with special emphasis on issues pertaining to the education of children, is Parental Rights: The …
Cases for the Separation of the Spouses According to the New …
(from Hervada Dr. Javier, Holder of the Chair of Canon Law. Ermeritus professor of philosophy of law, of natural law and of fundamental theory of canon law. Faculties of the Law and Canon …
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religious sin under Number 15:30 (Bible). A person reading a statute cannot be required by statute or by "judge made law" to read anything into a Title of the U.S. Code that is not expressly …
Canon Law Society of America
Canon Law Society of America . 226 . CLSA PROCEEDINGS 85 (2023) 226-255 . S. EMINAR. N. OW AND AT THE . H. OUR OF ... press release “President of U .S. Bishops Conf erence …
THE 1917 OR PIO-BENEDICTINE CODE OF CANON LAW
the 1917 Code of Canon Law was promulgated] Motu Proprio of Benedict XV Cum Iuris Canonici, 15 September 1917 [by which the pontifical commission for the official interpretation of the 1917 …
Fundamental elements of agency relations under Nigerian …
Nigerian law of agency is founded principally on common law and judicial precedent. Agency relations have today assumed currency in the public domain and command attention under …
PARISH TRUSTEE Manual - Roman Catholic Archdiocese of …
Note: References to canon law are from the Code of Canon Law, Washington, D.C.: Canon Law Society of America, 1999, and used with permission. * In this document the term “pastor” also …
Matthew, Esau Anglican Church - ngtt.journals.ac.za
the ordering of its affairs, formerly set forth the terms of the compact under which it is associated.6 The first challenge to Gray was the need of legal structures according to Canon Law, the …
Ownership Defined Differently in Civil, Canon Law - chausa.org
canon law, Saint Paul University, Ottawa, Canada. C anon 1256 of the Code of Canon Law states that the ownership of goods belongs to that juridic person who has acquired them legiti mately …
Introduction: Canon Law and its Practice in Colonial Latin …
JorgeE.Traslosheros5 law.BothbodiesoflawwereofRomanandCatholicheritage,andtheyhad beeninteractingwithandinfluencingeachothersincethedawnoftheMiddle AgesinEurope ...
EDWARD N PETERS ECCLESIASTICAL OFFICE AS PUNISHMENT …
3 On the ultimate orientation of “spiritual purpose” under Canon 145 to the “salvation of souls” under Canon 1752, see, e.g., Provost, cLsa New Comm at 198, and Pio Pinto, com- mentary …
