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Canon law is a set of ordinances and regulations made by ecclesiastical authority for the government of a Christian organization or church and its members. It is the internal ecclesiastical law, or operational policy, governing the Catholic Church, the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. The way that such church law is legislated, interpreted and at times adjudicated varies widely among these four bodies of churches. In all three traditions, a canon was originally a rule adopted by a church council; these canons formed the foundation of canon law.
In English law, the benefit of clergy was originally a provision by which clergymen accused of a crime could claim that they were outside the jurisdiction of the secular courts and be tried instead in an ecclesiastical court under canon law. The ecclesiastical courts were generally seen as being more lenient in their prosecutions and punishments, and defendants made many efforts to claim clergy status, often on questionable or fraudulent grounds.
Religious law includes ethical and moral codes taught by religious traditions. Different religious systems hold sacred law in a greater or lesser degree of importance to their belief systems, with some being explicitly antinomian whereas others are nomistic or "legalistic" in nature. In particular, religions such as Judaism, Islam and the Baháʼí Faith teach the need for revealed positive law for both state and society, whereas other religions such as Christianity generally reject the idea that this is necessary or desirable and instead emphasise the eternal moral precepts of divine law over the civil, ceremonial or judicial aspects, which may have been annulled as in theologies of grace over law.
Jus commune or ius commune is Latin for "common law" in certain jurisdictions. It is often used by civil law jurists to refer to those aspects of the civil law system's invariant legal principles, sometimes called "the law of the land" in English law. While the ius commune was a secure point of reference in continental European legal systems, in England it was not a point of reference at all. The phrase "the common law of the civil law systems" means those underlying laws that create a distinct legal system and are common to all its elements.
Crimen sollicitationis is the title of a 1962 document ("instruction") of the Holy Office codifying procedures to be followed in cases of priests or bishops of the Catholic Church accused of having used the sacrament of Penance to make sexual advances to penitents. It repeated, with additions, the contents of an identically named instruction issued in 1922 by the same office.
Defrocking, unfrocking, degradation, or laicization of clergy is the removal of their rights to exercise the functions of the ordained ministry. It may be grounded on criminal convictions, disciplinary problems, or disagreements over doctrine or dogma, but may also be done at their request for personal reasons, such as running for civil office, taking over a family business, declining health or old age, desire to marry against the rules for clergy in a particular church, or an unresolved dispute. The form of the procedure varies according to the Christian denomination concerned.
Decretals are letters of a pope that formulate decisions in ecclesiastical law of the Catholic Church.
The Decretum Gratiani, also known as the Concordia discordantium canonum or Concordantia discordantium canonum or simply as the Decretum, is a collection of canon law compiled and written in the 12th century as a legal textbook by the jurist known as Gratian. It forms the first part of the collection of six legal texts, which together became known as the Corpus Juris Canonici. It was used as the main source of law by canonists of the Roman Catholic Church until the Decretals, promulgated by Pope Gregory IX in 1234, obtained legal force, after which it was the cornerstone of the Corpus Juris Canonici, in force until 1917.
High, middle and low justices are notions dating from Western feudalism to indicate descending degrees of judicial power to administer justice by the maximal punishment the holders could inflict upon their subjects and other dependents.
Ecclesiastical jurisdiction is jurisdiction by church leaders over other church leaders and over the laity.
Incardination is the formal term in the Catholic Church for a clergyman being under a bishop or other ecclesiastical superior. It is also sometimes used to refer to laity who may transfer to another part of the church. Examples include transfers from the Western Latin Church to an Eastern Catholic Church or from a territorial diocese to one of the three personal ordinariates for former Anglicans.
The canon law of the Catholic Church is "how the Church organizes and governs herself". It is the system of 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 sui iuris.
The Corpus Juris Canonici 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.
Pierre Bertrand was a French Cardinal, theologian, and canonist.
The 1983 Code of Canon Law, also called the Johanno-Pauline Code, is the "fundamental body of ecclesiastical laws for the Latin Church". It is the second and current comprehensive codification of canonical legislation for the Latin Church of the Catholic Church. The 1983 Code of Canon Law was promulgated on 25 January 1983 by John Paul II and took legal effect on the First Sunday of Advent 1983. It replaced the 1917 Code of Canon Law which had been promulgated by Benedict XV on 27 May 1917.
The Catholic Church utilizes the oldest continuously functioning legal system in the West, much later than Roman law but predating the evolution of modern European civil law traditions. The history of Latin canon law can be divided into four periods: the jus antiquum, the jus novum, the jus novissimum and the Code of Canon Law. In relation to the Code, history can be divided into the jus vetus and the jus novum. Eastern canon law developed separately.
In the canon law of the Catholic Church, ecclesiastical privileges are the privileges enjoyed by the clergy. Their scope varied over time.
Marital debt is a spouse's sexual commitment to one another. The concept stems from descriptions found in canon law of medieval Europe.
In canon law, a canon designates some law promulgated by a synod, an ecumenical council, or an individual bishop.
Secular arm, in ecclesiastical law, refers to the legal authority of the civil power, the State, or any lay authority, invoked by the Church to punish offenders in cases properly belonging to the jurisdiction of the Church. This was considered the remedy in cases where excommunication was deemed insufficient and that sterner measures were required to secure obedience to the law.
References
- 1 2 3 Borg-Muscat, David (1933). "Reassessing the September 1775 Rebellion: A Case of Lay Participation or a 'Rising of the Priests'" (PDF). Melita Historica. 3 (2): 242–243. Archived from the original (PDF) on 16 April 2016.
- ↑ Sägmüller, Johannes Baptist (1911). "Ecclesiastical Privileges". New York City: Robert Appleton Company (Catholic Encyclopedia). Archived from the original on 7 April 2016.
- ↑ Duggan, Anne J. (2017). "Clerical Exemption in Canon Law from Gratian to the Decretals". Medieval Worlds. medieval worlds (Volume 6. 2017): 78–100. doi: 10.1553/medievalworlds_no6_2017s78 . ISSN 2412-3196.
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