Relevant bibliographies by topics / Clergy (Canon law)

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters

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

Author: Grafiati
Published: 4 June 2021
Last updated: 31 July 2024

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

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Edwards, Quentin. "The Origin and Founding of the Ecclesiastical Law Society." Ecclesiastical Law Journal 5, no. 26 (January 2000): 316–19. http://dx.doi.org/10.1017/s0956618x0000380x.

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There was an ecclesiastical law shaped hole in the Church of England from the dissolution of Doctors' Commons in 1857 until 1987 when it was filled by the formation of the Ecclesiastical Law Society. In 1947, forty years earlier, the Archbishops' Canon Law Commission had suggested how the hole might be filled. The Commission was appointed in 1939 and published its report under the title The Canon Law of the Church of England (SPCK, 1947). The Report consisted of a learned and authoritative review of the sources of English canon law and made recommendations for its reform, in particular by appending to the Report a body of suggested revised canons. Included in the Report was the following paragraph expressing the hope that a society might be formed for the study of canon law:‘The success of a new code of canons will to a great extent depend on a wider knowledge than at present exists among the clergy of the law of the Church of England, its nature, history, development, and particular characteristics; and it is hoped that the previous chapters of this Report will provide an elementary introduction to the subject. We recommend therefore that those who are responsible for the training of ordination candidates and for the post-ordination training of the clergy should be asked to consider what steps can be taken to give both ordinands and clergy a more professional knowledge of the Church's law and constitution. In giving evidence before the Ecclesiastical Courts Commission in 1883 the late Sir Lewis Dibdin pointed out that since the disappearance of Doctors' Commons in 1857 there had really been no method of teaching or preserving a knowledge of the Ecclesiastical Law. It is impossible at this stage to revive anything like Doctors' Commons, but we would suggest that a society, consisting of clergy, professional historians, and lawyers, be formed for the purpose of studying the Ecclesiastical Law and of suggesting ways in which that law either needs alteration or can be developed to meet new needs. As a rule there is far too little contact and interchange of ideas and points of view between the clergy and ecclesiastical lawyers, and such a society would give opportunities for this. Such a society would train up a number of people competent to advise and help the clergy in the particular problems of Ecclesiastical Law with which from time to time they are confronted.’
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Pawlyta, Adam. "Canon Law as a Foreign Law." Kwartalnik Prawa Międzynarodowego III, no. III (September 30, 2023): 224–43. http://dx.doi.org/10.5604/01.3001.0053.8929.

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The purpose of this article is to discuss the problem of a definition and classification of canon law. It has been examined whether canon law can be treated as a foreign law from the perspective of the national legal order. Considerations were made regarding the need to admit evidence from an expert in the field of canon law or religious studies in court proceedings involving church legal entities or clergy. Regardless of how the relationship between the civil law (state law) and the canon law is shaped, it is necessary to take into account that a person may be subject also to canon law. A similar problem has already been examined by the Supreme Court and the Supreme Administrative Court. The purpose of this article is to present, in an orderly manner, the approaches to the above-mentioned issue.
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Hill, Christopher. "Education in Canon Law." Ecclesiastical Law Journal 5, no. 22 (January 1998): 46–48. http://dx.doi.org/10.1017/s0956618x00003240.

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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.
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Helmholz, R. H. "Discipline of The Clergy: Medieval and Modern." Ecclesiastical Law Journal 6, no. 30 (January 2002): 189–98. http://dx.doi.org/10.1017/s0956618x00004452.

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Discipline of the clergy is a subject of perennial interest—both in the popular press whenever something sensational takes place, and among the clergy and thoughtful lawyers when they are confronted either with the general problem of how best to fashion the church's law or the more immediate problem of how to deal with offenders against the church's law. The subject also has a long history. The purpose of this article is to bring to light a chapter from the century or so before the Reformation. Evidence taken from the medieval canon law and from the court records of the later Middle Ages may be of interest—and perhaps even relevance—to members of the Ecclesiastical Law Society. It has been my pleasure and good fortune to discover that many of them are not immune to the claims of history.
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Brinda, Štefan. "A Canonical Analysis of Canon 273 of the 1983 Code of Canon Law." Teka Komisji Prawniczej PAN Oddział w Lublinie 14, no. 2 (July 19, 2022): 63–78. http://dx.doi.org/10.32084/tekapr.2021.14.2-6.

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All clergy have the special canonical obligation to show reverence and obedience to their ordinary and the pope. They bind themselves to this promise freely and publicly during their diaconal or priestly ordination. The ecclesiastical legislator gave the liturgical ceremony a normative form in can. 273 of the 1983 Code of Canon Law. In this paper, the author presents the sources of the canon in question, presents a canonical analysis, places it into canonical context, and defines individual terms according to how the ecclesiastical legislator understood them.
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Neuheuser, Hanns Peter. "Neuheuser, Hanns Peter, Vom utensilium zum insignium. Zur rechtlichen und ästhetischen Ordnung der spätmittelalterlichen Kanonikergewandung." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 105, no. 1 (June 26, 2019): 226–79. http://dx.doi.org/10.1515/zrgk-2019-0008.

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Abstract From utensilium to insignium: The juridical and esthetic order of the canons' vestment. The paper deals with the inner structure of the institutes of secular canons and the regulations of their specific vestments. As the liturgical vestment set for celebrating mass (alb, stole, chasuble resp. dalmatic) and for the liturgy of the office of the hours in the choir (alb, surplice, cope) was common for the whole clergy, in the (high) middle ages tendencies were shown to establish elements as insignia of a canon, e.g. the material, form, colour and wearing of the often hooded almuce. Topics of the research are the medieval goals to further an image of unity of the institution, to underline the hierarchic function of a single canon, and at last to show, where is the ecclesiastical instance to establish a juridical rule.
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Lewandowski, Paweł. "Implementation of the Clergy’s Right to Rest According to the Polish Post-Code Synodal Legislation." Teka Komisji Prawniczej PAN Oddział w Lublinie 16, no. 1 (June 30, 2023): 191–205. http://dx.doi.org/10.32084/tkp.5292.

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The right to rest is undoubtedly one of the most fundamental rights of every person. The ecclesiastical legislator regulated this right in the following: Canon 283 para. 2; Canon 395 para. 2; Canon 410; Canon 533 para. 2; Canon 550 para. 3 of the 1983 Code of Canon Law. Thirty-three Polish post-CIC synodal legislators recited code dispositions, promulgating detailed regulations on leaves and days off for members of the clergy. The exercise of the right must always take into account the principle of salus animarum suprema lex.
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Lewandowski, Paweł. "Prohibition of Business or Trade by the Clergy According to the 1983 Code of Canon Law. An Outline." Teka Komisji Prawniczej PAN Oddział w Lublinie 13, no. 2 (December 31, 2020): 393–403. http://dx.doi.org/10.32084/tekapr.2020.13.2-30.

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The practice of business or trade by clerics and religious was strictly prohibited from the first centuries of the Church. Appropriate decisions were made at the Councils of Nicaea, Chalcedon, Lateran (IV) and Trent. In the 1917 Code of Canon Law, the legislator regulated the analysed matter in can. 142 and 2380. They were the source of the work of the Pontifical Commission for the Authentic Interpretation of the Code of Canon Law. According to the legislator’s disposition contained in can. 286 of the 1983 Code of Canon Law “Clerics are prohibited from conducting business or trade personally or through others, for their own advantage or that of others, except with the permission of the legitimate ecclesiastical authority.” The breach of the above prohibition was punishable by a mandatory indeterminate ferendae sententiae penalty, which should be imposed on the cleric or religious, depending on the gravity of the delict.
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Bursell, Rupert D. H. "The Seal of the Confessional." Ecclesiastical Law Journal 2, no. 7 (July 1990): 84–109. http://dx.doi.org/10.1017/s0956618x00000958.

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The seal of the confessional was part of the canon law applied in England before the Reformation. It was also part of that law which was continued in force at the Reformation, as is confirmed by the proviso to canon 113 of the 1603 Canons. This proviso is still in force and proprio vigore binds the clergy of the Church of England. By the Act of Uniformity, 1662, the hearing of confessions was enjoined upon those clergy in certain circumstances; the law places no limit upon the frequency of their being heard. It is unsurprising that there are infrequent references to the seal of the confessional since the Reformation; such cases as there are are inconclusive. Nevertheless, although the seal of the confessional may be waived by the penitent, the refusal by an Anglican clergyman to disclose what was said within sacramental confession is based upon a duty imposed on him by the ecclesiastical law rather than upon an evidential privilege. An Anglican clergyman in breach of that duty would be in grave danger of censure by the ecclesiastical courts and such censure might well lead to his deprivation and possible deposition from Holy Orders. The ecclesiastical law is part of the general law of the land and must be applied in both the ecclesiastical and secular courts. Both courts must therefore enforce that clerical duty and uphold any refusal by an Anglican clergyman to answer questions in breach of the seal of the confessional.
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Hałaburda, Marek. "Duchowieństwo dekanatu Wołkowysk w 1820 r." Textus et Studia, no. 1(29) (July 9, 2022): 199–224. http://dx.doi.org/10.15633/tes.08105.

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The purpose of this article is to collectively analyze the data on the group that was formed at the beginning of the 19th century by the clergy of the Vawkavysk deanery. The term “clergy of the deanery of Volkovysk” applies to all priests, diocesan and religious, working at parish and monastic churches located in the deanery. Essential information for the research was provided by the protocols of the general visitation for 1820. The visitation was carried out in October 1820 and January 1821. The authorities of the diocese delegated Fr. Franciszek Godlewski, canon of the Brest chapter. The dean of the deanery and the parish priest in Wołkowysk, the canon of the Brest collegiate church and the master of canon law, Fr. Tomasz Sturgulewski.
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Dissertations / Theses on the topic "Clergy (Canon law)"

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Duggan, William E. "The institute of suspension a comparison between Canons 2278-2285 of the 1917 Code of Canon Law and Canons 1333-1335 of the 1983 revised Code of Canon Law /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Hallahan, Eugene M. "A comparison between the 1917 code of canon law and the 1983 code of canon law on the removal of pastors." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Haddad, Victor. "Diaconal leadership role in a priestless parish according to canon 517.2." Theological Research Exchange Network (TREN), 1999. http://www.tren.com.

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Chamberland, Gary S. "Is the pastor necessary for a parish to be a parish?" Online full text .pdf document, available to Fuller patrons only, 2003. http://www.tren.com.

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Grochowsky, Janice. "The theological and juridic nature of religious profession in the 1983 Code of Canon Law (Canon 654)." Online full text .pdf document, available to Fuller patrons only, 2004. http://www.tren.com.

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Bullock, Scott Edward. "The distinction between clergy and laity in the codes of canon law." Theological Research Exchange Network (TREN), 1997. 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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McCann, Robert J. "Remuneration and honest sustenance for clerics in twentieth-century canon law." Theological Research Exchange Network (TREN), 1994. http://www.tren.com.

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Seiwert, Charles F. ""Ipso iure" incardination process canon 268 /." Theological Research Exchange Network (TREN) Access this title online, 2004. http://www.tren.com.

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Borger, Marvin Gerard. "Just causes for excardination canon 270 /." Theological Research Exchange Network (TREN), 1999. http://www.tren.com.

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Books on the topic "Clergy (Canon law)"

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Böhnke, Michael. Pastoral in Gemeinden ohne Pfarrer: Interpretation von c. 517 [Paragraph] 2 CIC/1983. Essen: Ludgerus Verlag, 1995.

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Alcón, José Bonet. Pastores y fieles: Constructores de la comunidad parroquial : curso organizado por la facultad de derecho canónico Buenos Aires, 5 al 7 de octubre de 1998. Buenos Aires: Ediciones de la Universidad Católica Argentina, 1999.

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Espinoza, Jorge Enrique Horta. La dispensa del religioso de las obligaciones de la profesión y del sacramento del orden. Romae: Grafica S. Giovanni, 1999.

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D, Yanus Gary, ed. In time of need: Parishes and canon 517, S2. Alexandria, VA: Canon Law Society of America, 2005.

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Woestman, William H. The sacrament of orders and the clerical state: A commentary on the code of canon law. Ottawa: Faculty of Canon Law, Saint Paul University, 1999.

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Woestman, William H. The sacrament of orders and the clerical state: A commentary on the code of canon law. 3rd ed. Ottawa: Faculty of Canon Law, Saint Paul University, 2006.

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Saint Paul University (Ottawa, Ont.). Faculty of Canon Law., ed. The sacrament of orders and the clerical state: A commentary on the code of canon law. 2nd ed. Ottawa: Faculty of Canon Law, Saint Paul University, 2001.

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Lago, Luigi Dal. L' inamovibilità dei parroci dal Concilio Vaticano I al Codice di diritto canonico del 1983. Padova: Edizioni Messaggero, 1991.

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O'Connell, Mark. The mobility of secular clerics and incardination: Canon 268 # 1. Romae: Edizioni Università della Santa Croce, 2002.

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J, Hickey John. Irregularities and simple impediments in the new code of canon law. Washington, DC]: [The Catholic University of America Press], 2013.

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

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Hen, Yitzhak. "Educating the Clergy: Canon Law and Liturgy in a Carolingian Handbook from the Time of Charles the Bald." In Cultural Encounters in Late Antiquity and the Middle Ages, 43–58. Turnhout: Brepols Publishers, 2001. http://dx.doi.org/10.1484/m.celama-eb.3.1475.

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Benvenuti, Anna. "Eziologia di una leggenda. Ipotesi sul culto fiorentino di san Cresci compagno di san Miniato." In La Basilica di San Miniato al Monte di Firenze (1018-2018), 61–84. Florence: Firenze University Press, 2021. http://dx.doi.org/10.36253/978-88-5518-295-9.05.

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The essay analyses the cult of St. Cresci and its origins. St. Cresci is considered to be one of the companions of St. Miniato, and it is believed he was martyred ‘sub Decio’ in the 3rd century. St. Cresci’s legend must be interpreted in the context of the Florentine hagiographic production of the 11th century, when the local clergy tried to resuscitate old and long forgotten cults of saints whose relics they possessed. The paper argues that the legend of St. Cresci was ‘invented’ to be opposed to that of St. Miniato. Indeed in the 11th century Ildebrando, bishop of Florence, strongly promoted the cult of Minias in order to support his claims on the lands of the newly founded monastery. It was after this that cathedral’s canons, in opposition with their bishop, proposed the martyrial figure of St. Cresci; the cult of which got a great importance under the Medici, and especially during the reign of Cosimo III.
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O’Reilly, James T., and Margaret S. P. Chalmers. "The Perfect Storm in Canon Law:." In The Clergy Sex Abuse Crisis and the Legal Responses, 253–80. Oxford University Press, 2014. http://dx.doi.org/10.1093/acprof:oso/9780199937936.003.0022.

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"Canon Law on Clergy Sexual Abuse of Children." In Potiphar's Wife, 95–126. ATF Press, 2014. http://dx.doi.org/10.2307/j.ctt163t8c3.11.

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Dubourg, Ninon. "Joining the Clergy." In Disabled Clerics in the Late Middle Ages. Nieuwe Prinsengracht 89 1018 VR Amsterdam Nederland: Amsterdam University Press, 2023. http://dx.doi.org/10.5117/9789463721561_ch03.

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This chapter interrogates the tests used by the Church to determine disability. These were required at several stages of the clerical profession: canon law stipulates that all candidates applying for admission to the secular and regular orders, and all clerics wishing to receive a promotion, must be examined before their appointment. Supposedly a ‘quality-control’ measure to guarantee the uniformity of the clerical condition at all levels, this evaluation was required from a cleric’s first tonsure to their entrance into the priesthood, up until his election as bishop or abbot, when the Pope himself, in theory at least, conducted the examination.
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Helmholz, R. H. "Civil jurisdiction and the clergy." In Cells, Tissues, and Disease, 187–239. Oxford University PressNew York, NY, 2004. http://dx.doi.org/10.1093/oso/9780195140903.003.0005.

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Abstract Among the aspirations of the medieval canon law, one of the most emphatic was that the clergy should occupy a special place in the world. “There are two species of Christians,” pro- claimed an ancient text that Gratian placed in his Decretum (C. 12 q. 1 c. 7). There was the clergy, and then there was everyone else. It was not doubted which of the two was meant to hold the preeminent place. As Professor C. R. Cheney once stated it, the law of the church encouraged the clergy “to take a high view of their office” and taught them the desirability of maintaining a certain “separateness from the rest of the world.” A distinctive style of dress is the most visible reminder of this status that is noticeable today, but during the Middle Ages there were others—the clerical tonsure being the most remarkable. Separation from lay society was also more than a matter of appearances. Prohibitions against bearing arms or carrying on a trade were part of it. Clerical celibacy was another, a strong statement of the distance meant to divide the clerical order from the society around it.
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Helmholz, R. H. "Civil Jurisdiction and The Clergy." In The ius commune In England, 187–239. Oxford University PressNew York, NY, 2001. http://dx.doi.org/10.1093/oso/9780195141900.003.0005.

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Abstract Among the aspirations of the medieval canon law, one of the most emphatic was that the clergy should occupy a special place in the world. “There are two species of Christians,” proclaimed an ancient text that Gratian placed in his Decretum (C. 12 q. r c. 7). There was the clergy, and then there was everyone else. It was not doubted which of the two was meant to hold the preeminent place. As Professor C. R. Cheney once stated it, the law of the church encouraged the clergy “to take a high view of their office” and taught them the desirability of maintaining a certain “separateness from the rest of the world.” A distinctive style of dress is the most visible reminder of this status that is noticeable today, but during the Middle Ages there were others—the clerical tonsure being the most remarkable. Separation from lay society was also more than a matter of appearances. Prohibitions against bearing arms or carrying on a trade were part of it. Clerical celibacy was another, a strong statement of the distance meant to divide the clerical order from the society around it.
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Hess, Hamilton. "The Translation of Bishops and Other Clergy." In The Early Development of Canon Law and the Council of Serdica, 162–78. Oxford University Press, 2002. http://dx.doi.org/10.1093/0198269757.003.0011.

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Helmholz, R. H. "The Development of the Classical Canon Law." In The Oxford Handbook of Christianity and Law, 85–95. Oxford University Press, 2023. http://dx.doi.org/10.1093/oxfordhb/9780197606759.013.7.

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Abstract This chapter traces the formation of the classical canon law beginning in the twelfth century, explaining the reasons that earlier conciliar degrees fell short of creating a legal system. It examines the vital role played by the medieval papacy in the process, also stressing the importance of the evolution of a juristic literature interpreting the canon law’s texts. The place of the ancient Roman law in this process is also given its due. The chapter then illustrates and assesses the success and failures of three themes characteristic of the resulting ecclesiastical legal system, including consideration of their results in practice. The first is the separation of the clergy from the laity, including both the legal privileges and disabilities to which it led. The second is importance of the salus animarum in the church’s law, the concern for the soul’s health of those governed by it. The third is the affirmation of basic rules of human rights contained in the church’s law. Many of them have been carried into modern legal systems. The privilege against self-incrimination and freedom of choice in marriage provide two illustrations.
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Green, Steven K. "Separation Becomes Constitutional Canon." In Separating Church and State, 142–64. Cornell University Press, 2022. http://dx.doi.org/10.7591/cornell/9781501762062.003.0006.

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This chapter discusses the modern Supreme Court's adoption of church–state separation as the constitutional standard and the cultural backdrop to Everson v. Board of Education and McCollum v. Board of Education, one in which mainstream Protestants and secular intellectuals viewed separationism as an essential American democratic principle. The chapter analyzes how the wall metaphor entered into the justices' discussions. It also traces how justices and commentators expounded on the metaphor, elevating its significance in the law and public discourse. The chapter mentions the clergy, commentators, and legal and religious scholars that had been debating the idea of church–state separation in relation to contemporary events since the end of World War I. Separationism's reign of prominence was always tenuous, such that its ultimate dismantling began much earlier than many contemporaries realized.
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