The Canon Law as a Legal System - Functions, Obligation, and Sanction

Rodes, Robert E.

doi:10.1093/ajj/9.1.45

Cited by 3 publications

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“…The Church legislation is only an aspect of its life and does not represent its essence, but her historical presence determined the creation of a law system and of specific juridical institutions. The appanage of the Church law system is the juxtaposition of the following three essential and existential elements: Christian theology, Roman law and institutional necessity (Rodes, 1964).…”

Section: Discussionmentioning

confidence: 99%

The Importance of Scientific Research in Canon Law Today

Santi

2022

Journal of Education, Society &Amp; Multiculturalism

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The practitioners of canon law claim that ecclesial law and civil law are in a relation of analogy, so that both of these juridical systems have common features but differ in aspects of specificity of matter and essence. In this way, civil law becomes a point of reference for the study of ecclesial law and the statement is true as well the other way round However, one can note a modality of identification only for the features of canon law which are equivalent to the features of civil law, canon law constituting a coherent system similarly to the civil law system. Consequently, canon law is a well-deffined juridical system, delimited by its own juridical norms and which regulates both the internal life of the Church and her external life, in relation to other civil and religious institutions. Therefore, by the topic approached in the present article we join this contemporary ‘juridical trend’, which relies on comparative law in order to know and harmonize the international legislation among all the law systems, the basis of dialogue revolving around the guaranteeing of man’s fundamental rights and freedoms. Actually, the Church respects and participates in the fight for guaranteeing man’s fundamental rights and freedoms because the Church carries in her being and mission the seal of the universal. Recently, the modern scientific juridical research has shown a real interest in the importance of canon law, the main empirical directions referring to the historical highlighting of canon law, the study of the methods dealing with the relations between the State and the Church, the organisms of ecclesial authority, especially those related to the system of justice, the comparative analysis of canon law, the existence and functionality of the canon law system in various religions of the world.

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Section: Discussionmentioning

confidence: 99%

The Importance of Scientific Research in Canon Law Today

Santi

2022

Journal of Education, Society &Amp; Multiculturalism

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Canon Law and Communion

Doe

2002

Ecclesiastical Law Journal

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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.

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Defining “Conversos” in Fifteenth-Century Castile: The Making of a Controversial Category

Yisraeli¹,

Israeli²

2022

Speculum

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The Canon Law as a Legal System - Functions, Obligation, and Sanction

Cited by 3 publications

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The Importance of Scientific Research in Canon Law Today

The Importance of Scientific Research in Canon Law Today

Canon Law and Communion

Defining “Conversos” in Fifteenth-Century Castile: The Making of a Controversial Category

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