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Relevant bibliographies by topics / Canon law Jurisdiction (Canon law)

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Academic literature on the topic 'Canon law Jurisdiction (Canon law)'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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Journal articles on the topic "Canon law Jurisdiction (Canon law)"

1

Arent, Olga. "PORWANIE LUB PRZETRZYMYWANIE DLA OKUPU WEDŁUG KODEKSU KANONÓW KOŚCIOŁÓW WSCHODNICH Z 1990 ROKU." Civitas et Lex 4, no. 4 (December 30, 2014): 49–58. http://dx.doi.org/10.31648/cetl.2026.

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Subject of this article is the legal research on crime of kidnapping or hostage- keeping forransom in jurisdiction of Code of Canons of Oriental Churches. Dogmatic and legal analysis ofnorms of the present code shows that can. 1445 and can. 1451 CCEO of 1990, alike can. 1370and can. 1397 Code of Canon Law (CIC of 1983), provide the possibility to punish perpetratorsof kidnapping or hostage – keeping for ransom of cleric persons, as well as any other person.Regarding this crime, penal sanctions upon CCEO of 1990 are heavier than these, which can beordered based on CIC of 1983.Aside from mentioned offences, Canon Law of Oriental Churches penalizes physical or psychicaltortures, so offender who kidnap or keep hostages with tortures will be liable for this crime.According to Canon Code of Oriental Churches, solely the court can order penalties, so likewisein polish penal law. However, due to specific ecclesiastic community, the nature of penal sanctionsis spiritual.

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2

Coleman, Janet. "The Two Jurisdictions: Theological and Legal Justifications of Church Property in the Thirteenth Century." Studies in Church History 24 (1987): 75–110. http://dx.doi.org/10.1017/s0424208400008251.

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With the revival of Roman and the development of canon law in the twelfth century a doctrine of supreme and universal jurisdiction began to be expounded with increasing vigour by the papacy. By the thirteenth century those learned in Roman and canon law began to distinguish in more subtle ways between jurisdiction on the one hand and holy orders on the other; between the capacity to make law and to discover law; between legislating and adjudicating; and, most importantly, between ruling and owning. Jurisdiction had become one of a cluster of terms used to define aspects of rulership, authority, prelacy, and imperium. It combined the idea of rightful administration with the legitimate and authoritative use of coercive force.

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Rolker, Christof. "Kings, Bishops and Incest: Extension and Subversion of the Ecclesiastical Marriage Jurisdiction around 1100." Studies in Church History 43 (2007): 159–68. http://dx.doi.org/10.1017/s042420840000317x.

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If we set out to explore ‘discipline and diversity’ in the medieval Church, canon law presents itself as a possible starting point: canon law was first of all disciplinary law. Its history can be, and has been, told as an interplay of moral decline and reform, as a conflict between discipline and diverse customs, as a struggle between one eternal order and a multitude of transgressions. However, the imposition of norms is never a unilateral process; the success of a given set of norms is often shaped by an interplay between enforcement and subversion. In the present article, I want to explore this theme for a crucial phase in the history of medieval incest legislation and the ecclesiastical jurisdiction over marriage.

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4

Nörr, Knut Wolfgang. "R. H. Helmholz, The Canon Law and Ecclesiastical Jurisdiction from 597 to the 1640s." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 92, no. 1 (August 1, 2006): 694–96. http://dx.doi.org/10.7767/zrgka.2006.92.1.694.

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Knox, John H. "A Presumption Against Extrajurisdictionality." American Journal of International Law 104, no. 3 (July 2010): 351–96. http://dx.doi.org/10.5305/amerjintelaw.104.3.0351.

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How far does U.S. law reach beyond U.S. borders? In principle, Congress could extend its laws as far as it likes, but Congress often fails to make its intentions clear. Many statutes do not specify their geographic scope, instead using general terms that have no inherent limit. Federal courts have long employed interpretive rules, or canons, to guide their construction of such statutes. The canon most commonly cited is the presumption against extraterritoriality, which states that “legislation of Congress, unless a contrary intent appears, is meant to apply only within the territorial jurisdiction of the United States.” The simplicity of this language masks difficult questions. Does the “territorial jurisdiction of the United States” include only territory within the national boundaries, or does it extend to territory outside those boundaries but within U.S. control? How should the presumption apply to actions taken abroad that cause effects within U.S. territory, however defined? What implications does the presumption have for situations within U.S. territory but also within the jurisdiction of another country, such as foreign ships in a U.S. port? When the presumption does apply, what evidence of “contrary intent” is necessary to overcome it?

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6

Doe, Norman. "The Church in Wales and the State: A Juridical Perspective." Journal of Anglican Studies 2, no. 1 (June 2004): 99–124. http://dx.doi.org/10.1177/174035530400200110.

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ABSTRACTIn 1536 Wales (Cymru) and England were formally united by an Act of Union of the English Parliament. At the English Reformation, the established Church of England possessed four dioceses in Wales, part of the Canterbury Province. In 1920 Parliament disestablished the Church of England in Wales. The Welsh Church Act 1914 terminated the royal supremacy and appointment of bishops, the coercive jurisdiction of the church courts, and pre-1920 ecclesiastical law, applicable to the Church of England, ceased to exist as part of public law in Wales. The statute freed the Church in Wales (Yr Eglwys yng Nghymru) to establish its own domestic system of government and law, the latter located in its Constitution, pre-1920 ecclesiastical law (which still applies to the church unless altered by it), elements of the 1603 Canons Ecclesiastical and even pre-Reformation Roman canon law. The Church in Wales is also subject to State law, including that of the National Assembly for Wales. Indeed, civil laws on marriage and burial apply to the church, surviving as vestiges of establishment. Under civil law, the domestic law of the church, a voluntary association, binds its members as a matter of contract enforceable, in prescribed circumstances, in State courts.

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Perruso, Richard. "The iuramentum perhorrescentiae under canon law: an influence on the development of early chancery jurisdiction?" Comparative Legal History 3, no. 1 (January 2, 2015): 2–37. http://dx.doi.org/10.1080/2049677x.2015.1041722.

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8

Petkoff, Peter. "Forum Internum and Forum Externum in Canon Law and Public International Law with a Particular Reference to the Jurisprudence of the European Court of Human Rights." Religion and Human Rights 7, no. 3 (2012): 183–214. http://dx.doi.org/10.1163/18710328-12341236.

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Abstract The canon law distinction of two forums emphasizes the importance of a dialogical relationship between two spheres of jurisdiction for the development of co-responsibility and solidarity in the context of what could be described as a pursuit of a relational justice. In the context of international law the same terminology expresses an approach which balances between interests in what is defined as the public and private sphere but also defines the scope of these spheres by overemphasizing their distinctiveness and their different levels of autonomy from the point of view of duties of the State and the potential of state interference. This article explores the possibility of a more relational understanding of the two forums in international law.

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MORA, PAUL DAVID. "THE ALIEN TORT STATUTE AFTER KIOBEL: THE POSSIBILITY FOR UNLAWFUL ASSERTIONS OF UNIVERSAL CIVIL JURISDICITON STILL REMAINS." International and Comparative Law Quarterly 63, no. 3 (July 2014): 699–719. http://dx.doi.org/10.1017/s0020589314000335.

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AbstractThe jurisdictional reach of causes of action brought under the Alien Tort Statute 17891 (ATS) was considered by the Supreme Court of the United States in Kiobel v Royal Dutch Petroleum.2 The claimants in this decision sought to bring an action before a US District Court asserting universal civil jurisdiction over the conduct of foreign corporations performed against non-US nationals in the territory of a foreign State. Although the Supreme Court dismissed the particular claim on the basis of a domestic canon of statutory interpretation (the presumption against extraterritoriality), the narrowness of its reasoning left open the possibility for actions to continue being brought under the ATS which assert universal civil jurisdiction over the harm caused by individuals rather than corporations. Moreover, this position was specifically endorsed by a four-member minority of the Supreme Court in the Concurring Opinion of Justice Breyer. This paper argues that the reasoning of Justice Breyer is unconvincing and goes on to suggest that assertions of civil jurisdiction made under the universal principle are unlawful in international law as they fail to find a legal basis in either customary or conventional international law.

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Nagy, Péter. "A „per viam instantiae” perek az erdélyi református házassági jogban." DÍKÉ 5, no. 1 (September 1, 2021): 16–28. http://dx.doi.org/10.15170/dike.2021.05.01.02.

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This article aims to analyse the “per viam instantiae” cases in the matrimonial jurisdiction of the Reformed Church in Transylvania. Until the introduction of civil marriages in 1895, denominations had the right to declare the marriage of their members in Transylvania in the second half of the nineteenth century. All this time, in the motherland, these cases fell under the jurisdiction of civil courts, and the canon law did not recognise the dissolution of marriage. Therefore, it was easier to get divorced in Transylvania than in the other parts of the Austro-Hungarian Empire. Due to this difference between the rules in the field of matrimonial law, the matrimonial courts of the protestant churches were the goal and an opportunity for the people who wanted to get divorced.

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Dissertations / Theses on the topic "Canon law Jurisdiction (Canon law)"

1

Rabiy, Andriy. "Development of canonical legislation on the supra-eparchial tribunals in a patriarchal church." Theological Research Exchange Network (TREN), 2008. http://www.tren.com/search.cfm?p029-0718.

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Philpott, Mark. "Archbishop Lanfranc and canon law." Thesis, University of Oxford, 1993. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.239428.

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Mathers, Douglas J. "Canonization of civil law in the 1983 Code of Canon Law according to Canon 22." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Morrissey, Robert Owen. "Abortion and the excommunication of canon 1398 in the 1983 Code of canon law." Theological Research Exchange Network (TREN) Access this title online, 1992. http://www.tren.com/search.cfm?p029-0254.

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5

Griffith, Patrick Joseph Edward. "Canon law in post-Imperial Gaul." Thesis, King's College London (University of London), 2018. https://kclpure.kcl.ac.uk/portal/en/theses/canon-law-in-post-imperial-gaul(10f0d570-7559-47a5-b604-d9e179ac6dbb).html.

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This dissertation traces the transition of ‘canon law’, the episcopate’s own legislation on matters of ecclesiastical organisation, clerical discipline and select aspects of lay religious activity, from the context of a functioning Roman Empire and into the successor kingdoms, which dominated Gaul in the fifth and sixth centuries. Ecclesiastical canons developed in the early fourth century from the ‘internal’ rules of minority Christian communities, and by the fifth had matured into organisational and disciplinary norms deeply intertwined with Empire’s own institutions and legal system. This dissertation examines the effect the ‘ending’ of the imperial system had upon canon law in Gaul. It seeks to reintegrate canon law into the extensive historiographical debates over the utility of Late-Antique normative legislation, as a source capable of illuminating the myriad social, economic and institutional transformations underway in Gallic society. It will attempt to highlight and above all to explain changes in the form, content and application of conciliar canons, the key component of canon law in this context, in terms which emphasize the shifting institutional and legal-cultural landscape. In particular, this dissertation will argue that the period c.570 – 614 saw the manifestation of an ecclesiastically-driven legal culture, which arose from the relatively unique matrix of political and institutional conditions presented by Merovingian Gaul. It will also seek to highlight previously undervalued historical contingencies, such as the impact upon legal culture of ‘Arian’ rulership in the first generation of Gallic successor states, and the complex interplay between political fragmentation on the one hand and the survival of ecclesiastical institutions and legislation which were intrinsically pan-Mediterranean.

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Backes, Raymond Conrad. "The effects of Dolus on juridic acts in the 1917 Code and the 1983 Code." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Borawski, Ineneusz. "Incardination and excardination of clerics in the light of the 1983 Code of Canon Law." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Edgerly-Dowd, Tammy L. "A study of the requisite knowledge for marriage a comparison between the 1917 and 1983 Codes of canon law /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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9

Sutton, ST. "The extra-ordinary form of marriage an anomaly found in the Code of canons of the Eastern Churches /." Online full text .pdf document, available to Fuller patrons only, 2004. http://www.tren.com.

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10

Barton, Deborah Anne. "Canon 766 of the 1983 Code of canon law its evolution and present implications /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Books on the topic "Canon law Jurisdiction (Canon law)"

1

Carreras, Joan. La Giurisdizione della Chiesa sul matrimonio e sulla famiglia. Milano: Giuffrè, 1998.

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2

The Canon law and ecclesiastical jurisdiction from 597 to the 1640s. Oxford: Oxford University Press, 2004.

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3

Skorupa, Ambroży. Forum externum i forum internum w prawie kanonicznym: Między prawem a sumieniem : materiały międzynarodowej konferencji naukowej zorganizowanej 9-10 maja 2005 r. w Lublinie. Lublin: KUL, 2006.

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4

Bertrand, Guillaume Michel. Acquisition et exercice du pouvoir de gouvernement ou de juridiction selon le code de 1983: Can. 129-124, problématique, normative et prospective. Romae: Pontificia Universitas Urbaniana, Facultas Iuris Canonici, 1988.

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5

Autonomy and dependence of religious institutes of diocesan law on the local ordinary: A comparative analysis of the legislation concerning them in the codes of canon law of 1917 and 1983. Frankfurt am Main: Lang, 1987.

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6

Hellencourt, Philippe d'. Etude de la compétence des juridictions pénales de St. Riquier du Xe au XVIe siècle. Amiens [France]: Bibliothèque municipale, 1988.

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7

María del Mar Martín García. Conflictos de jurisdicción entre la iglesia y el estado: El caso italiano. Berriozar [Navarra]: Navarra Gráfica Ediciones, 1999.

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8

d'Hellencourt, Philippe. Etude de la competence des juriictions penales de St. Riquier du Xe au XVIe siecle. Amiens: Eklitra, 1988.

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9

Pivert, François. Schism or not?: The 1988 episcopal consecrations of Archbishop Lefebvre. Kansas City, Mo: Angelus Press, 1995.

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Pivert, François. Des sacres par Mgr Lefebvre-- un schisme? Escurolles [France]: Editions Fideliter, 1988.

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Book chapters on the topic "Canon law Jurisdiction (Canon law)"

1

Brundage, James A., John Marenbon, Paul Thom, André Goddu, Christophe Grellard, Stephen F. Brown, Cary J. Nederman, et al. "Canon Law." In Encyclopedia of Medieval Philosophy, 189–91. Dordrecht: Springer Netherlands, 2011. http://dx.doi.org/10.1007/978-1-4020-9729-4_113.

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Brundage, James A. "Canon Law." In Encyclopedia of Medieval Philosophy, 325–28. Dordrecht: Springer Netherlands, 2020. http://dx.doi.org/10.1007/978-94-024-1665-7_113.

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Muldoon, James. "Crusading and Canon Law." In Palgrave Advances in the Crusades, 37–57. London: Palgrave Macmillan UK, 2005. http://dx.doi.org/10.1057/9780230524095_3.

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Brown, Phillip J. "Interpretation in Canon Law." In Hermeneutics, Scriptural Politics, and Human Rights, 53–68. New York: Palgrave Macmillan US, 2009. http://dx.doi.org/10.1057/9780230105959_4.

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McGrath, Aidan, and Robert Ombres. "Roman Catholic canon law." In Church Laws and Ecumenism, 28–45. Abingdon, Oxon ; New York, NY : Routledge, 2020.: Routledge, 2020. http://dx.doi.org/10.4324/9781003084273-3.

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6

Helmholz, RH. "Crime and the canon law." In Christianity and Criminal Law, 47–61. Abingdon, Oxon; New York, NY: Routledge, 2020. | Series: Law and religion | “Produced by the Center for the Study of Law and Religion, Emory University”: Routledge, 2020. http://dx.doi.org/10.4324/9781003015260-5.

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7

Aprem, Mar. "Canon Law of Mar Abdisho." In The Harp (Volume 4), edited by V. C. Samuel, Geevarghese Panicker, and Rev Jacob Thekeparampil, 85–102. Piscataway, NJ, USA: Gorgias Press, 2012. http://dx.doi.org/10.31826/9781463232955-009.

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Muldoon, James. "The Norman Yoke—Canon Law." In John Adams and the Constitutional History of the Medieval British Empire, 83–117. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-66477-4_3.

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Formicola, Jo Renee. "Challenge and Complexity: Canon Law and Civil Law." In Clerical Sexual Abuse, 75–109. New York: Palgrave Macmillan US, 2014. http://dx.doi.org/10.1057/9781137381644_4.

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Banchich, Thomas M., John Marenbon, and Charles J. Reid. "The Revival of Roman Law and Canon law." In A Treatise of Legal Philosophy and General Jurisprudence, 251–65. Dordrecht: Springer Netherlands, 2015. http://dx.doi.org/10.1007/978-94-017-9885-3_10.

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