Journal articles: '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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

3

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

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.

Full text

APA, Harvard, Vancouver, ISO, and other styles

5

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.

Full text

Abstract:

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?

APA, Harvard, Vancouver, ISO, and other styles

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

7

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.

Full text

APA, Harvard, Vancouver, ISO, and other styles

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

9

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

10

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

11

Hill, Mark. "The Faculty Jurisdiction Rules 2013: Simpler Process, Equal Protection." Ecclesiastical Law Journal 16, no. 1 (December 13, 2013): 47–56. http://dx.doi.org/10.1017/s0956618x13000811.

Full text

Abstract:

The faculty jurisdiction of the Church of England pre-dates planning law by several centuries. It is the means by which the diocesan bishop, through his chancellor and in his consistory court, ensures that the sacred buildings of the diocese and their contents are compliant with the canon law, doctrine and ecclesiology of the Church of England. During the latter part of the last century, the effective operation of the faculty jurisdiction contributed to the continuing exclusion of churches of the Church of England from the need for listed building control. The rationale is that the faculty jurisdiction provides a level of protection for the church's built heritage equivalent to local authority protection, but uniquely tailored for the sacred purpose of the buildings and the evolving needs of individual worshipping communities. A balance constantly needs to be struck which respects the rigour required of both ecclesiastical and secular authorities (with their competing but complementary demands), but is not so cumbersome that it deters and frustrates parishes and other interested persons and bodies from engaging with it.

APA, Harvard, Vancouver, ISO, and other styles

12

Lord, Kevin Lucas. "Toward the Golden Bull and against the Pope: The Role of Custom and Honor in King Ludwig IV's Nuremberg and Frankfurt Appellations (1323–24)." Austrian History Yearbook 51 (March 20, 2020): 91–113. http://dx.doi.org/10.1017/s0067237820000107.

Full text

Abstract:

AbstractThis article addresses the onset of a decades-long conflict between the ruler of the Holy Roman Empire King Ludwig IV of Bavaria and the papacy. When Ludwig intervened on behalf of antipapal factions in northern Italy in 1323, Pope John XXII issued an ultimatum demanding that Ludwig immediately cease to exercise the royal power and title on the pretext that he had never received papal approval of his royal election. Failure to comply meant that the king would fall under sentence of excommunication. Ludwig responded with nearly identical appeals issued in Nuremberg and Frankfurt. Against previous arguments that these appeals were either legal documents operating within the confines of Roman Canon law or artifacts of protomodern realpolitik, this article argues that the “Nuremberg” and “Frankfurt Appellations” emerged from the king's preoccupation with his honor. His Appellations utilized the language and form of Roman Canon law to defame his opponent while he sought to ennoble and justify his actions with a rhetoric mirroring that in supposed repositories of imperial customary law such as the Sachsen- and Schwabenspiegel. In arguing that German custom superseded the jurisdiction of papal law in his Appellations, Ludwig elevated a discourse concerning royal elections to the highest levels of imperial politics where it would remain and find inclusion, in intent if not precise formulation, in the famed Golden Bull of 1356.

APA, Harvard, Vancouver, ISO, and other styles

13

BĂLAN, Dragoș Corneliu. "DESCRIPTION AND EVALUATION REGARDING THE HOLY MYSTERY OF PRIESTHOOD IN ROMAN CATHOLICISM." Icoana Credintei 7, no. 14 (June 6, 2021): 27–36. http://dx.doi.org/10.26520/icoana.2021.14.7.27-36.

Full text

Abstract:

The central difference between the Orthodox teaching and the Catholic one regarding the Church comes from the conception regarding its foundation. In the Catholic conception, the visible Church was founded before the Pentecost, on the testimony of Saint Peter the Apostle, and at Pentecost only the invisible Church would have been added. The entire conception about the hierarchy, in the Roman Catholic Church, is strictly juridical. In reality, as the Orthodox theology testifies, the essence of the ecclesial hierarchy is charismatic, not juridical. This is what the great difference to the Catholic teaching consists in. The Eastern theology makes no abstraction of jurisdiction and canon law, yet, jurisdiction depends on grace, not grace on jurisdiction, contrary to what some Western Church theologians would suggest in certain works such as those belonging to the Western Theology.

APA, Harvard, Vancouver, ISO, and other styles

14

Doe, Norman. "Robert Owen (1820–1902)." Ecclesiastical Law Journal 21, no. 1 (January 2019): 54–68. http://dx.doi.org/10.1017/s0956618x18000959.

Full text

Abstract:

This journal has published two distinguished series on the lives and careers of individual jurists in the history of English church law, from the mediaeval period to the late nineteenth century: one by Professor Sir John Baker on ‘famous English canonists’ (1988–1997); and the other by Professor Richard Helmholz on ‘notable ecclesiastical lawyers’ (2013–2017). Most prepared for their professional careers with the study of civil law at Oxford or Cambridge (and before the Reformation also of canon law). Many practised as judges, advocates and proctors in the church courts (until statute ended much of their jurisdiction in the 1850s). Some wrote treatises on church law. A small number were also priests, but less so as the centuries unfolded. While these professional canonists and civilians may have had a monopoly in practising church law, they did not have a monopoly in thinking or writing about it. The clergy, who never trained or practised as lawyers, also had things to say about church law. But the clerical profession has been somewhat neglected by scholarship as a class contributing to the history of church law and jurisprudence. From diocesan bishops through parish priests to clerical scholars in the universities, their books, pamphlets, sermons, letters and other materials often deal with the nature, sources and subjects of church law. Their aims vary: from the educational through the historical or theological to the practical and polemical. These priest-jurists – fathers-in-law, they might quip – contributed much to the intellectual development of church law. One is Robert Owen, a Welsh scholar cleric whose books include Institutes of Canon Law (1884). No scholar has to date unveiled Owen as a notable Anglican priest-jurist – strangely, he has been lost to scholarship as among those whom he himself chided as ‘eminent Canonists’ who ‘hide themselves’ and remain ‘veiled Prophets’.

APA, Harvard, Vancouver, ISO, and other styles

15

Surlan, Tijana. "Freedom of Religion and the Legal Status of Churches: A Case Study from the Serbian Constitutional Court." Studies in Church History 56 (May 15, 2020): 487–507. http://dx.doi.org/10.1017/stc.2019.27.

Full text

Abstract:

This article offers a short study of the conjugation of freedom of religion, freedom of association and the legal status of religions and churches. Human rights are elaborated as defined in international human rights law, accentuated by the jurisprudence of the European Court of Human Rights. A compliance case that came before the Constitutional Court of the Republic of Serbia provides a national jurisprudential example useful for the analysis of relations between human rights and the legal status of a church. Analysis of the law is both horizontal and vertical: a description of norms is intertwined with a discussion of principles of identity and equality. The article explores whether the principles of human rights and freedoms and the norms regulating the legal status of a church are consistent with each other; whether these principles are independent and how their mutual relationship influences the application and interpretation of the law; and whether the norms prescribed by international law or in national jurisprudence can be applied independently of canon law, or whether application of the law has to take into account specific religious jurisdictions and relations between churches which are rooted in their autonomous canon law.

APA, Harvard, Vancouver, ISO, and other styles

16

Cavill, Paul. "Perjury in Early Tudor England." Studies in Church History 56 (May 15, 2020): 182–209. http://dx.doi.org/10.1017/stc.2019.11.

Full text

Abstract:

The break with Rome was enforced through a nationwide programme of oath-taking. The Henrician regime resorted to oaths because they were already fundamental to the functioning of the polity. In the preceding half-century, activities as diverse as heresy prosecution, tax assessment and debt litigation depended upon oaths. Irrespective of their often mundane subject matter, oaths were held to be religious acts. Prolific oath-taking, however, led to frequent oath-breaking. Perjury was therefore a more pressing and broader concept than it is today. It was an offence against God, against oneself and against others. How this crime was prosecuted and punished sheds light on the intersection of religious doctrine, legal systems and social practice in pre-Reformation England. An analysis of perjury also draws attention to a jurisdictional shift that was underway before the Reformation. In 1485, church courts had exercised an extensive cognizance of perjury; by 1535, they no longer did. The most important factor contributing to this decline in ecclesiastical jurisdiction was the constraint imposed by common lawyers on what cases the church courts could hear. Common law defined the crime of perjury more narrowly than did canon law. Hence the contraction of the church's jurisdiction would alter how perjury was perceived.

APA, Harvard, Vancouver, ISO, and other styles

17

F. Torres, Jumbin. "The Vicariate of the Orient in the threshold of the union of the Augustinian Provinces in Spain." Estudio Agustiniano 51, no. 2 (September 2, 2021): 309–40. http://dx.doi.org/10.53111/estagus.v51i2.124.

Full text

Abstract:

The article is about methods of restructuring of governance in an Institute of Consecrated Life. The study is set in the context of the Order of the St. Augustine. It highlights methods applicable and proposed by the Code of Canon Law for religious institutes namely; suppression, union, merger, absorption and creation of new provinces as means of restructuring of religious institutes. The study is set in the context of the Unión de las Provincias Españolas, by which Augustinian Provinces in Spain are in the process of uniting and becoming one province. The study considers largely Filipino Augustinian Religious in the Vice-Province of the Vicariate of the Orient under the jurisdiction of the Province of the Most Holy Name of Jesus of the Philippines having its sede in Spain.

APA, Harvard, Vancouver, ISO, and other styles

18

Smith, David M. "The Exercise of the Probate Jurisdiction of the Medieval Archbishops of York." Studies in Church History. Subsidia 12 (1999): 123–44. http://dx.doi.org/10.1017/s0143045900002489.

Full text

Abstract:

The development of testamentary jurisdiction by the English Church authorities has already received considerable attention, and it is generally held that by the close of the thirteenth century the basic probate procedures had been well established, even if some administrative practices continued to be refined. This paper aims to look at the practical evidence of the York archiepiscopal records from the thirteenth century to the Reformation from an archival and administrative viewpoint - the concern is not so much with the canon law touching wills and testaments, or with the testamentary disputes and litigation in the archiepiscopal court, the Curia Eboracensis, or indeed with the contents of the wills proved before the ecclesiastical authorities, but with the routine practicalities of the exercise of probate and intestacy administrations.

APA, Harvard, Vancouver, ISO, and other styles

19

Vranic, Vasilije. "The authority of the ecumenical patriarch in the Orthodox Church: A historico-canonical analysis." Zbornik radova Vizantoloskog instituta, no. 47 (2010): 301–22. http://dx.doi.org/10.2298/zrvi1047301v.

Full text

Abstract:

During the 20th century, the exact role and the scope of jurisdictional authority of the Ecumenical Patriarch was an object of attention of both theologians and historians. The problem of defining the Patriarch was reactualized through the intensification of conciliar negotiations of Orthodox Churches. The purpose of this article is to demonstrate that the pretensions of the Ecumenical Patriarch for universal jurisdiction over the entire Orthodox Diaspora, and the pretensions for the right of final arbitration in the ecclesial matters of the entire Orthodox communion, do not have a support in the Orthodox Ecclesiology. This will be argued in a historical analysis of the relevant prescriptions of the Eastern Orthodox Canon Law, which will be placed into the context of the history of the Christian Church, primarily of the Patristic period, since there disciplines play a vital role in the Orthodox understanding of Ecclesiological Tradition.

APA, Harvard, Vancouver, ISO, and other styles

20

Rockett, William. "Juristic Theology in More’s Polemics: The Bilney Case." Moreana 51 (Number 195-, no. 1-2 (June 2014): 10–27. http://dx.doi.org/10.3366/more.2014.51.1-2.4.

Full text

Abstract:

Thomas More built his opposition to reform on a foundation of canon law because he believed the offenses of the reformers fell within the spiritual jurisdiction rather than the temporal; that these offenses were by right adjudicated in the church courts, not the Crown courts; and that the supreme authority in cases of unlawful theological innovation was not that of English kings but that of popes and councils. This paper’s argument is that the canonical system that served as More’s defense against innovation was created in the eleventh and twelfth centuries. This was the era of Gregorian reform, of Gratian’s Decretum, and of the phenomenon known as juristic theology. The main premise of juristic theology, that no region of the soul is exempt from legal judgment, is present in More’s critical analysis of the trial of Thomas Bilney in A Dialogue concerning Heresies.

APA, Harvard, Vancouver, ISO, and other styles

21

Swanson, R. N. "Review: The Oxford History of the Laws of England. Volume I: The Canon Law and Ecclesiastical Jurisdiction from 597to the 1640s." English Historical Review 119, no. 484 (November 1, 2004): 1328–30. http://dx.doi.org/10.1093/ehr/119.484.1328.

Full text

APA, Harvard, Vancouver, ISO, and other styles

22

D'Auria, Eithne. "Sacramental Sharing in Roman Catholic Canon Law: A Comparison of Approaches in Great Britain, Ireland and Canada." Ecclesiastical Law Journal 9, no. 3 (August 28, 2007): 264–87. http://dx.doi.org/10.1017/s0956618x07000361.

Full text

Abstract:

Faced with difficulties of communication between separated churches, the Roman Catholic Church has attempted to provide a framework for sacramental sharing between Christians genuinely prevented from receiving the sacraments in their respective churches and ecclesial communities. This paper first considers the Roman Catholic canonical requirements for sacramental sharing. It then addresses the approach taken in the ecclesiastical jurisdictions in Great Britain and Ireland, and compares it with that of Canada. Finally, suggestions for reform are considered.

APA, Harvard, Vancouver, ISO, and other styles

23

Pociechina, Helena. "The system of values of the priestless Old Believers in an historical retrospective." Przegląd Wschodnioeuropejski 8, no. 2 (November 1, 2018): 417–27. http://dx.doi.org/10.31648/pw.3599.

Full text

Abstract:

The article discusses some problems of the sacrament of penance, connected to the system of values, contained in the text of hand written document called ‘A Rite of Confession’ from the collection of library of the nunnery of the Holy Trinity and the Savior in Wojnowo (Poland). Because the Old Believers did not recognize the jurisdiction of state authorities, considering the authorities as the embodiment of the Antichrist, all aspects of social life of the Old Believer’s community were governed by the provisions of ancient Byzantine canon law from No-mocanon and by traditional norms of ethics. The penalty for each offense was determined by confessor and could be defined by dint of the text of ‘A Rite of Confession’. The author discusses the legitimacy of using the modern approach to describing the value system with respect to historical texts.

APA, Harvard, Vancouver, ISO, and other styles

24

Lakatos, Bálint, and Gábor Mikó. "Über die mittelalterliche Kirchengerichtsbarkeit des Königreichs Ungarn: Das Beispiel der Tätigkeit des Graner Kirchengerichts unter dem Generalvikar Matthäus de Vicedominis (1399–1428)." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 102, no. 1 (September 1, 2016): 242–82. http://dx.doi.org/10.26498/zrgka-2016-0111.

Full text

Abstract:

Abstract On medieval church legislation in the Kingdom of Hungary - the diocesan law tribunal of Esztergom under the vicar Matteo di Vicedomini di Piacenza (1399-1428). In this paper the authors present the organization and work of medieval ecclesiastical courts of the Hungarian Kingdom in the 14th and 15th centuries in general, and on the other hand they examine this in detail by evaluation of a single court’s activity. The diocesan law courts were tribunals of first instance led by an officialis who was called in Hungary vicarius generalis, usually a doctor of canon law helped by assessores and staff. The seats of the archbishops of Esztergom and Kalocsa were tribunals of second instance, and the former was, as a primate, also a third degree forum since 1394/95. In comparison to Hungarian secular courts, literacy played a major role, although none of the judiciary registres have survived from the territory of Hungary before 1525. The jurisdiction of ecclesiastical courts was probably the broadest at the turn of the 14th and 15th centuries (cases of clergy, matrimonial and quarta puellaris lawsuits, hereditary cases, questions of oaths, benefices, wills and purity of the faith). This was constricted by the jurisdiction of secular courts already in the 15th century. - These phenomena can be explored and analyzed also through the activity of the Esztergom Tribunal under the vicar Matteo di Vicedomini di Piacenza, who served there as a judicial vicar between 1399-1403, 1411-1423 and 1425-1428. According to the charters we know he dealt with various types of cases. It can be observed how the tribunal and its members worked even in the absence of the vicar, how the charters were sealed and which were the tasks of the assessores, the notars and scribes.

APA, Harvard, Vancouver, ISO, and other styles

25

Caparros, Ernest. "La « civilizatio » du droit canonique: une problématique du droit québécois." Les Cahiers de droit 18, no. 4 (April 12, 2005): 711–31. http://dx.doi.org/10.7202/042191ar.

Full text

Abstract:

Civilizatio means for the author the phenomenon of integration in the State Law of some rules of Canon Law, by opposition to the notion of Canonizatio, put out forward by V. del Giudice, illustrating the opposite operation, viz. the integration into Canon Law of rules of the State Law. The author illustrated this phenomenon of Civilizatio in the Civil Law of Québec, and more specificaly in relation to article 127 of the Québec Civil Code. The Despatie Case is taken as the dividing point of the article. In the first part (The Apogee of Civilizatio) the author underlines the extensive interpretation of article 127 that allows the courts to accept the religious impediments of marriage. This civilizatio, until 1921 went further; the Québec courts limited themselves to ratifying the decisions of the ecclesiastical tribunals. However, this civilizatio of the jurisprudence found a few opponents among the judges. The second part (The Decline of civilizatio) is dedicated to the study of the DespatieCase and its effect on Québec jurisprudence. This decision of the Privy Council has not been followed unanimously by the Québec courts. The author points out how some courts have followed the precedent reluctantly, while others have set the precedent aside explicitly or implicitly, for different reasons, one of those reasons being that the interpretation given by the Privy Council to article 127, reducing it to a mere matter of conscience, made it empty of any juridical sense. Nevertheless, in 1972 the Québec Court of Appeal laconically confirmed the decision of the Privy Council. This article, at the same time, explicitly illustrates the phenomenon of civilizatio, and implicitly illustrates the practice of certain jurisdictions which empowers the courts not only to interpret a legal provision, but also to alter its meaning.

APA, Harvard, Vancouver, ISO, and other styles

26

Cameron, Gregory K. "Ardour and Order: Can the Bonds of Affection Survive in the Anglican Communion?" Ecclesiastical Law Journal 9, no. 3 (August 28, 2007): 288–93. http://dx.doi.org/10.1017/s0956618x07000622.

Full text

Abstract:

In the life of the Anglican Communion today, an approach which expresses ‘ardour’, a response to the Gospel which tends towards freedom from institutional restraint, is favoured over an approach of ‘order’, which sees the regulation of the life of the church as itself a witness to the ordered will of God. There is both an ‘ardour of the left’, which seeks to loosen the restrictions of canon law to allow a greater ‘inclusiveness’, and an ‘ardour of the right’, which is prepared to override traditional understandings of jurisdiction in the defence of ‘orthodoxy’. The First Epistle to Clement bears witness to an ancient tradition of respect for order in the life of the church. The ‘Windsor Lambeth Process’ in the Anglican Communion – as developed by the Primates' Meeting at Dromantine in 2006, and affirmed at their meeting in 2007 at Dar es Salaam – furthers just such an ordered approach to the life of the Communion, by its requests to the North American Churches through due process, by the development of mechanisms to address questions of alternative episcopal oversight, by the Listening Process to address the moral questions under debate, and by the process to draft and adopt an Anglican Covenant. These initiatives are all intended to strengthen ‘the bonds of affection’, and to secure the future of the Anglican Communion as an international family of Churches.

APA, Harvard, Vancouver, ISO, and other styles

27

Alonso Furelos, Juan Manuel. "Evolución histórica de la aplicación del derecho extranjero en el proceso civil español." Revista de Derecho de la UNED (RDUNED), no. 22 (July 9, 2018): 41. http://dx.doi.org/10.5944/rduned.22.2018.22283.

Full text

Abstract:

Abordo en el trabajo la aplicación del derecho material privado en la sentencia —sea en primera instancia, en segunda o casación— en el proceso tramitado en España ante nuestros jueces y tribunales del orden civil de la jurisdicción ordinaria. Desde que existen textos legales conocidos y hasta la segunda mitad del S. xix se aplicó exclusivamente el derecho nacional tanto a los españoles como a los extranjeros, aunque se permitió excepcionalmente en dicha jurisdicción civil ordinaria y real la aplicación del derecho romano y canónico en cuanto formase parte de la «doctrina considerada auténtica» de determinados romanistas y canonistas. A partir de la segunda mitad del S. xix, por virtud de la LEC 1855 (juicio de reconocimiento de sentencias extranjeras) y la doctrina legal de nuestro Tribunal Supremo al pronunciarse en los recursos de casación por infracción de ley se permitirá la prueba y aplicación del derecho extranjero en el proceso civil seguido en España ante nuestros jueces y tribunales. (Aunque escasa fue su doctrina legal al pronunciarse sobre los recursos de casación por quebrantamiento de las formas esenciales del juicio referidas a la actividad probatoria del derecho extranjero causantes de indefensión). Este trabajo sigue el sistema histórico-cronológico destacando los periodos e hitos considerados más sobresalientes.I approach in the work the application of private material right in the judgment —be it in the first instance, in second or cassation— in the process processed in Spain before our judges and courts of the civil order of the ordinary jurisdiction. Since there are known legal texts and until the second half of the 19th century applied exclusively the national law both to the Spaniards and to the foreigners, although there was allowed exceptionally in the above mentioned civil ordinary and royal jurisdiction the application of the roman and canon law in all that it was forming a part of the «doctrine considered authentic» of certain romanists and canonists. From the second half of the 19th century, by virtue of the LEC 1855 (judgment of recognition of foreign judgments) and the legal doctrine of our Supreme Court on having declared in the appeals in cassation for infraction of law will allow itself the test and application of the foreign right in the civil process followed in Spain before our judges and courts. (although there was little legal doctrine to pronounce on appeals in cassation for breach of the essential procedure of the trial referred to the evidential activity of foreign law causing defenselessness). This work follows the historical-chronological system highlighting the periods and milestones considered most outstanding.

APA, Harvard, Vancouver, ISO, and other styles

28

Nash, Patrick S. "The Never-Ending Story? Or, Does the Roman Catholic Church Remain Vulnerable to Charges of Improper Handling of Clergy Child Sex Abuse?" Oxford Journal of Law and Religion 8, no. 2 (January 8, 2019): 270–99. http://dx.doi.org/10.1093/ojlr/rwy053.

Full text

Abstract:

Abstract This article explores whether the Roman Catholic Church’s response to the clergy child sex abuse scandal shields it from further charges of improper handling of cases. It begins by noting the current topicality of institutionalized abuse and how several high-profile public inquiries have recently been established to investigate child sex abuse across a range of secular and religious organizational settings. Although numerous religious institutions have become embroiled in clergy child abuse crises, the Catholic Church has come in for particular scrutiny and condemnation on account of its distinctive institutional characteristics which have exacerbated its own abuse scandal in a uniquely severe way. The Church’s own understanding of this issue is that a culture of antinomianism has taken root within the clerical hierarchy and that, were canon law to be applied properly, the crisis would be resolved. This contrasts quite dramatically with the typical external understanding of the crisis which sees the canonical legal system as part of the problem, namely the Church’s refusal to cooperate fully with the secular criminal justice system and effective assumption of a criminal jurisdiction of its own. The article concludes with a final prognosis of the prospects of fundamental legal and cultural change.

APA, Harvard, Vancouver, ISO, and other styles

29

Cairns, John W. "R. H. Helmholz, The Canon Law and Ecclesiastical Jurisdiction from 597 to the 1640s. The Oxford History of the Laws of England, Vol 1. (Gen ed, Sir John Baker)." Edinburgh Law Review 9, no. 2 (May 2005): 333–35. http://dx.doi.org/10.3366/elr.2005.9.2.333.

Full text

APA, Harvard, Vancouver, ISO, and other styles

30

Donahue, Charles J. "R. H. Helmholz, The Canon Law and Ecclesiastical Jurisdiction from 597 to the 1640s, Oxford History of the Laws of England, 1, Oxford: Oxford University Press, 2004. Pp. xxxii + 693. £125 (approximately US$270.00) (ISBN 0-19-825897-6)." Law and History Review 25, no. 1 (2007): 217–19. http://dx.doi.org/10.1017/s0738248000001139.

Full text

APA, Harvard, Vancouver, ISO, and other styles

31

HUNTER, IAN. "SECULARIZATION: THE BIRTH OF A MODERN COMBAT CONCEPT." Modern Intellectual History 12, no. 1 (August 4, 2014): 1–32. http://dx.doi.org/10.1017/s1479244314000158.

Full text

Abstract:

This essay argues that today's dominant understanding of secularization—as an epochal transition from a society based on religious belief to one based on autonomous human reason—first appeared in philosophical histories at the beginning of the nineteenth century and was then anachronistically applied to early modern Europe. Apart from the earlier and persisting canon-law use of the term to refer to a species of exclaustration, prior to 1800 the standard lexicographical meaning of “secularization” was determined by its use in public law and diplomacy to name the civil conversion of ecclesiastical property and jurisdiction. Prior to the same point the most important use of the adjective “secular” was in political jurisprudence as a synonym for temporal, civil, and political, to name a religious–political settlement from which rival theologies had been excluded as the condition of its negotiation. But this usage was domain-specific, was quite compatible with religious devotion, and had nothing to do with the putatively secular character of the spheres of philosophy or the natural sciences, thence “society”. Far from seeing a shift from religious belief to autonomous rationality, early modernity in fact witnessed a significant intensification of religious belief and practice under the impact of rival confessional movements. It also emerges that the nineteenth century was characterized not by the supersession of confessional religions—or their conversion into rational religion or moral philosophy—but by their remarkable persistence and adaptation to new circumstances. In light of this, the essay argues that the variant philosophical-historical conceptions of secularization—as the epochal supersession of religious belief by human rationality—should not be understood as theories of a putative process but as “combat concepts”. These were internal to an array of rival cultural-political factions that first emerged in early nineteenth-century Protestant Germany and that continue to do battle today.

APA, Harvard, Vancouver, ISO, and other styles

32

Navas Sánchez, María del Mar. "El derecho a la propia imagen de los personajes públicos en las jurisprudencias constitucional, ordinaria y europea. Evolución, concordancias y divergencias // The right to their own image of public figures in the Constitutional, Ordinary and European Case-Law. Evolution, concordances and divergences." Revista de Derecho Político 1, no. 100 (December 20, 2017): 441. http://dx.doi.org/10.5944/rdp.100.2017.20706.

Full text

Abstract:

Resumen:Este artículo aborda el probablemente más controvertido supuesto relativo a la relación dialéctica entre las libertades de expresión e información y el derecho fundamental a la propia imagen. El que tiene como titular de este último derecho a quien puede ser considerado, en general, como un personaje público. Lo hace, además, desde una doble perspectiva. Por un lado, se muestra la evolución experimentada en el régimen jurídico del derecho a la propia imagen de este tipo de personas desde que en 1978 y de manera novedosa nuestra Constitución reconociera por vez primera el derecho a la propia imagen comoun derecho fundamental autónomo y diferenciado de la intimidad en el artículo 18.1 CE hasta nuestros días. Se trata de un proceso que ha venido marcado por varios hitos: la aprobación en 1982 de una norma (la Ley Orgánica 1/1982, de 5 de mayo, de protección civil del derecho al honor, a la intimidad y a la propia imagen) en la que el legislador establece pautas muy concretas acerca del modo en que han de resolverse este tipo de conflictos; la intensidad con la que esta Ley ha condicionado la jurisprudencia de los jueces y tribunales de la jurisdicción ordinaria, particularmente del Tribunal Supremo; y, finalmente, el importante papel desempeñado por la jurisprudencia del Tribunal Constitucional que, prescindiendo de las prescripciones legislativas y operando conforme a categorías constitucionales, ha terminado por erigir, en un proceso que, a su vez, hemos diferenciado en dos etapas, al interés público presente en las imágenes controvertidas, en el elemento decisivo para resolver este tipo de conflictos. Pero por otro, además, se presta especial atención a las recíprocas relaciones que a propósito de este supuesto se han establecido a lo largo de estas décadas entre las jurisprudencias de los Tribunales Constitucional, Supremo y de Estrasburgo. En este sentido, nos ha parecido especialmenteinteresante fijarnos no solo en el modo en que el Tribunal Constitucional se ha servido del canon europeo (art. 10.2 CE) para construir su propia doctrina sobre el derecho fundamental a la propia imagen de los personajes públicos, sino también y muy particularmente, en la forma en que esta doctrina del Tribunal Constitucional ha sido seguida o no por el Tribunal Supremo y, por tanto, en el modo en que este último se ha sentido vinculado, si es que lo ha hecho, a la misma, dando así cumplimiento a su obligación constitucional (art. 5.1 LOPJ).Summary:1. Introduction. 2. The little, but adequate, express influence of the european canon in the first constitutional case law on the fundamental right to own´s image. 3. The fundamental right to their own image of public figures in the constitutional case law prior to STC 19/2014. Its almost null follow-up by the supreme court. 4. The fundamental right to their own image of public figures in the latest constitutional case law. Its —now yes— reception by the supreme court. 5. The relationship of constitutional case law with that of the European Court of Human Rights on this specific right, seen through STC 19/2014. 6. Conclusions.Abstract:This paper tackles the probably more controversial case concerning the dialectical relation between the freedoms of expression and information and the fundamental right to the own image. The one that refers to so-called «public figures». It does so from a dual perspective. On the one hand, it shows the evolution experienced in the right to their image of this type of people since Spanish Constitution, in 1978, recognized for the first time the right to own image as a fundamental right autonomous and different from the right to a private life (art. 18.1) to the present day. This is a process that has been marked by several landmarks: the adoption in 1982 of a rule (Organic Law 1/1982, of May 5, on civil protection of the right to reputation, privacy and own image) inwhich the legislator lays down very specific guidelines as to how such conflicts should be resolved; the intensity with which this Law has conditioned the case law of judges and courts of ordinary jurisdiction, particularly the Supreme Court; and finally, the important role played by the case law of the Constitutional Court, which, regardless of the legislative requirements and taking constitutional categories as references, has finally established, in a process that we have differentiated in two stages, the public interest of the images (or, in other words, the contribution made by photos to a debate of general interest) in the decisive element to solve this type of conflicts. But on the other hand, special attention is also paid to the reciprocal relations that have been established over these decades among the case law of the Constitutional, Supreme and Strasbourg Courts. On this regard, we have found particularly interesting to look not only at the way in which the Constitutional Court has used the jurisprudence of the European Court of Human Rights (Article 10.2 Spanish Constitution) to establish its own doctrine on the fundamental right to their image of public figures, but also, especially, in the way in which this doctrine of the Constitutional Court has been followed or not by the Supreme Court and therefore if the latter has fulfilled its constitutional obligation (Article 5.1 Organic Law of the Judiciary).

APA, Harvard, Vancouver, ISO, and other styles

33

Butler, Sara M. "R. H. Helmholz. The Canon Law and Ecclesiastical Jurisdiction from 597 to the 1640s. The Oxford History of the Laws of England, vol. 1. Oxford: Oxford University Press, 2004. Pp. 693. $245.49 (cloth)." Journal of British Studies 45, no. 3 (July 2006): 628–29. http://dx.doi.org/10.1086/507204.

Full text

APA, Harvard, Vancouver, ISO, and other styles

34

Haering, Stephan. "Eastern Canon Law." ARCHIV FÜR KATHOLISCHES KIRCHENRECHT 182, no. 1 (November 24, 2013): 295–96. http://dx.doi.org/10.1163/2589045x-182-01-90000025.

Full text

APA, Harvard, Vancouver, ISO, and other styles

35

Heyman, George. "Canon Law and the Canon of Scripture." Postscripts: The Journal of Sacred Texts, Cultural Histories, and Contemporary Contexts 2, no. 2-3 (March 14, 2008): 209–25. http://dx.doi.org/10.1558/post.v2i2.209.

Full text

Abstract:

Meerten B. ter Borg argued that canons function as a means of social control. The success of a canon follows not from the assent or agreement of the populace, but rather from the embedded quasi-personal relationship that produces a sense of belonging and identity. The objectified canon takes over this quasi-personal feature, which guarantees a canon’s sanctity. Calling scripture or law “canonical” thus transcendentalizes a text and allows it to retain a sacred quality that in turn effects social control through a shared sense of belonging. This thesis is confirmed and elaborated through a review of the conceptions of canon operative in the Catholic Church during the thirteenth, the sixteenth, and the late nineteenth and twentieth centuries. In all these periods, the Catholic Church modified its conception of the canonical nature of both its scriptures and its laws in order to strengthen corporate identity and to establish order and control within and without its perimeter.

APA, Harvard, Vancouver, ISO, and other styles

36

Primus, Richard A. "Canon, Anti-Canon, and Judicial Dissent." Duke Law Journal 48, no. 2 (November 1998): 243. http://dx.doi.org/10.2307/1373107.

Full text

APA, Harvard, Vancouver, ISO, and other styles

37

Hrdina, Ignác Antonín. "Roman Law and Canon Law." Studia theologica 22, no. 1 (August 10, 2020): 61–88. http://dx.doi.org/10.5507/sth.2019.034.

Full text

APA, Harvard, Vancouver, ISO, and other styles

38

Op, Robert Ombers. "The Canon Law and Ecclesiastical Jurisdiction from 597 to the 1640s by R H Helmholz, [The Oxford History of the Laws of England 1] Oxford University Press. 2004, xxxii + 693 pp (hardback £125) ISBN 0–19–825897–6." Ecclesiastical Law Journal 7, no. 35 (July 2004): 485–87. http://dx.doi.org/10.1017/s0956618x00005743.

Full text

APA, Harvard, Vancouver, ISO, and other styles

39

Baudry, Jean-Marie. "Surprised By Canon Law: 150 Questions Laypeople Ask About Canon Law." Incarnate Word 1, no. 4 (2008): 816–18. http://dx.doi.org/10.5840/tiw20081454.

Full text

APA, Harvard, Vancouver, ISO, and other styles

40

Kasper, Walter Cardinal. "Canon Law and Ecumenism." Jurist: Studies in Church Law and Ministry 69, no. 1 (2009): 171–89. http://dx.doi.org/10.1353/jur.2009.0021.

Full text

APA, Harvard, Vancouver, ISO, and other styles

41

Hill, Christopher. "Education in Canon Law." Ecclesiastical Law Journal 5, no. 22 (January 1998): 46–48. http://dx.doi.org/10.1017/s0956618x00003240.

Full text

Abstract:

For a number of years the Society has been troubled at the absence of, or at least the spasmodic nature of, any systematic teaching about Canon or Ecclesiastical law among ordinands and clergy of the Church of England. The first that an ordinand knows of law is often his or her Declaration of Assent and licensing as an Assistant Curate. Provided there are no great crises or scandals, or problems over marriages when the training Incumbent goes on holiday leaving the new Deacon to his or her own devices, the next occasion of ecclesiastical law will be at first incumbency, or possibly as a Team Vicar. After that Faculties, secular employment law, the Children Act, the Charities Act, the Ecumenical Canons become increasingly important; not to speak of the Pastoral Measure in Teams and Groups. No other profession would allow its officers such systematic ignorance of the rules of the game, or be so tardy in providing them with a summary of their rights and responsibilities. Sadly the image of law—and lawyers—has obscured the need for knowledge of professional rules and good practice. A misunderstanding of St Paul on Law and Gospel has permeated much evangelical, charismatic and radical thinking. Anglo-Catholics have a perverse respect for the canon law of another church rather than their own. But the tide has begun to turn.

APA, Harvard, Vancouver, ISO, and other styles

42

Doe, Norman. "Canon Law and Communion." Ecclesiastical Law Journal 6, no. 30 (January 2002): 241–63. http://dx.doi.org/10.1017/s0956618x0000449x.

Full text

Abstract:

This paper deals, in an introductory way, with the role which the canon law of individual Anglican churches plays in the wider context of the global Anglican Communion. Part I reflects on the two main experiences which Anglicans have concerning ecclesial order and discipline: that of the juridical order of each particular church, and that of the moral order of the global communion; it also examines canonical dimensions of inter-Anglican conflict. Part II deals with the contributions which individual canonical systems, the Anglican common law (induced from these systems), and the canonical tradition currently make to global communion. Part III assesses critically these contributions, their strengths and weaknesses, illustrates the potential of individual canonical systems for the development of global communion, and reflects on practical ways in which that potential might be fulfilled. Generally, the paper aims to stimulate discussion as to whether there exists a sufficient understanding of Anglican common law to justify: (a) the issue, by the Primates Meeting, of a statement of this, being a description, which itself would not have the force of law, of those parts of Anglican common law which deal with inter-Anglican relations, (b) incorporation of the statement by individual churches in their own legal systems, so that (c) each church has a meaningful and binding body of communion law. in order (cl) to enhance global communion and inter-Anglican relations, and to reduce the likelihood of inter-church disagreement.

APA, Harvard, Vancouver, ISO, and other styles

43

Green, Thomas J. "History and Canon Law." Jurist: Studies in Church Law and Ministry 67, no. 2 (2007): 1–2. http://dx.doi.org/10.1353/jur.2007.0019.

Full text

APA, Harvard, Vancouver, ISO, and other styles

44

Ombres, Robert. "Canon Law and Theology." Ecclesiastical Law Journal 14, no. 2 (April 16, 2012): 164–94. http://dx.doi.org/10.1017/s0956618x12000026.

Full text

Abstract:

The relation of religious law to theology is basic to any faith community. In this article, chiefly in terms of Roman Catholicism, but it is hoped of wider application especially within Christianity, the relation of canon law to theology is examined through papal allocutions to the judges and other members of the Church court known as the Roman Rota. There are significant British links to the Rota before and after the Reformation. The 2009 allocution by Benedict XVI is the focus for considering the theological and normative authority of such allocutions. Pius XII has been one of the few canonists to become Pope in modern times, and the co-ordinated set of allocutions from 1945 to 1949 given by him to the Rota is therefore taken as the focus for reflecting on the nature and functions of canon law today. This involves the consideration of both theology and law, including secular law. The ecclesiological character of canon law will emerge as central.

APA, Harvard, Vancouver, ISO, and other styles

45

McAreavey, John. "Book Reviews: Canon Law." Irish Theological Quarterly 66, no. 2 (June 2001): 185. http://dx.doi.org/10.1177/002114000106600215.

Full text

APA, Harvard, Vancouver, ISO, and other styles

46

Mcareavey, John. "Book Reviews: Canon Law." Irish Theological Quarterly 64, no. 1 (March 1999): 99–100. http://dx.doi.org/10.1177/002114009906400119.

Full text

APA, Harvard, Vancouver, ISO, and other styles

47

Mcareavey, John. "Book Reviews: Canon Law." Irish Theological Quarterly 64, no. 2 (June 1999): 211–12. http://dx.doi.org/10.1177/002114009906400215.

Full text

APA, Harvard, Vancouver, ISO, and other styles

48

Mcareavey, John. "Book Reviews: Canon Law." Irish Theological Quarterly 64, no. 3 (September 1999): 330–32. http://dx.doi.org/10.1177/002114009906400322.

Full text

APA, Harvard, Vancouver, ISO, and other styles

49

Doe, Norman. "Canon law and communion." International journal for the Study of the Christian Church 3, no. 1 (January 2003): 85–117. http://dx.doi.org/10.1080/14742250308574026.

Full text

APA, Harvard, Vancouver, ISO, and other styles

50

Schrage, Eltjo. "Suicide in Canon Law." Journal of Legal History 21, no. 1 (April 2000): 57–62. http://dx.doi.org/10.1080/01440362108539605.

Full text

APA, Harvard, Vancouver, ISO, and other styles

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

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles