Book VI contains the canonical equivalent of secular criminal law. The book consists of two parts: In fact, during the first ten centuries, countless collections of ecclesiastical laws flourished almost everywhere. These private collections contained standards issued mainly by Roman councils and popes, as well as other norms derived from inferior sources. In the middle of the twelfth century, this mass of collections and standards, often contradictory, was restored by the private initiative of the monk Gratian. This concordance of laws and compendiums, later called Decretum Gratiani, formed the first part of that important collection of Church laws, called Corpus Iuris Canonici in imitation of the Corpus Iuris Civilis of the Emperor Justinian, which contained the laws administered for two centuries by the supreme authority of the Roman popes with the help of experts in canon law. the so-called glossators. In addition to the decree of Gratian, in which the earlier norms were included, the corpus consists of the Liber Extra of Gregory IX, the Liber Sextus of Boniface VIII, the Clementinae, that is, the collection of Clement V promulgated by John XXII, to which are added the extravagant of this pope and the extravagant, decretal communes of various Roman popes, that have never been collected in an authentic collection. The canon law that makes up this corpus is the classical law of the Catholic Church and is commonly called so. The academic degrees in canon law are the J.C.B. (Juris Canonici Baccalaureatus, Bachelor of Canon Law, usually as a university degree), J.C.L.
(Juris Canonici Licentiatus, Licentiate of Canon Law) and the J.C.D. (Juris Canonici Doctor, Doctor of Canon Law). Because of its specialization, graduate degrees in civil law or theology are normal prerequisites for the study of canon law. The history of Latin canon law can be divided into four periods: ius antiquum, ius novum, ius novissimum and Codex Iuris Canonici. [24] As far as the codex is concerned, the story can be divided into ius vetus (all laws prior to the 1917 code) and ius novum (law of the codex or ius codicis). [24] The institutions and practices of canon law corresponded to legal developments in large parts of Europe and, therefore, modern civil law and common law[43][44][45] are influenced by canon law. Saint Raymond of Penyafort (1175-1275), a Spanish Dominican priest, is the patron saint of canonists[26][4] for his important contributions to canon law in the codification of Decretales Gregorii IX. The other patron saints are Saint Yves of Chartres and the Jesuit Saint Robert Bellarmine. [ref.
necessary] The motu proprio Spiritus Domini was published on January 11, 2021; It amends the Code of Canon Law (Canon 230 §1) to stipulate that the established services of the acolyte and lecturer are open to “lay people,” that is, men and women, instead of previous “lay men.” This change, Francis says, recognizes a “doctrinal development” that has taken place in recent years. [28] [29] [30] 5. Particular attention should be paid to a greater application of the so-called principle of subsidiarity within the Church. It is a principle rooted in a higher principle, because the office of bishop, with its associated powers, is a reality of divine law. By virtue of this principle, it is possible to defend the adequacy and even the need to ensure the well-being of individual institutions, in particular through specific laws and the recognition of a healthy autonomy to certain executive powers, while preserving legislative unity and general and universal law. On the basis of the same principle, the new Code assigns either to certain laws or to the executive all that is not necessary for the unity of the discipline of the universal Church, so that adequate provisions are made for a healthy “decentralization” without avoiding the danger of division within the regional Churches or their establishment. Some canons contain “numbers” without “paragraphs”, while most canons contain “paragraphs” and most “paragraphs” do not contain “numbers”. On September 3, 2017, Pope Francis issued the Motu proprio Magnum principium, which modified a canon (838) to give episcopal conferences authority over liturgical translations. [24] In the Church of England, ecclesiastical courts, which adjudicated many matters such as disputes relating to marriage, divorce, wills and defamation, still have jurisdiction over certain ecclesiastical matters (e.g. discipline of clergy, change of church ownership, and cemetery matters). Its distinct status dates back to the 12th century, when the Normans separated it from the mixed secular-religious county of the Saxons and the local courts.
Unlike other courts in England, the law used in ecclesiastical matters is, at least in part, a civil law system, not a common law system, although it is heavily regulated by parliamentary acts. Since the Reformation, ecclesiastical courts in England have been royal courts. The teaching of canon law at the universities of Oxford and Cambridge was abolished by Henry VIII. Subsequently, practitioners were trained in civil law in ecclesiastical courts and received a Doctor of Civil Law (D.C.L.) from Oxford or a Doctor of Laws (LL.D.) from Cambridge. These lawyers (called “doctors” and “civilians”) were centered in “Doctors Commons”, a few blocks south of St Paul`s Cathedral in London, where they monopolized probate, marriage and admiralty cases until their jurisdiction was transferred to the common law courts in the mid-19th century. This legislation has been set out in 2,414 canons or standards organized under thematic headings in five books. About 26,000 quotations from earlier ecclesiastical laws have been listed, including about 8,400 from the Decretum Gratiani (“Gratian`s Decree”), a 12th century collection; 1,200 by the general councillors of the Church; 4,000 of papal legislation; 11,200 norms of the Roman communities (the administrative organs of the Roman Curia); and 800 liturgical books. Between 1923 and 1939, Cardinal Gasparri and Jusztinian Serédi, Hungarian canonist and Archbishop of Esztergom, published nine volumes of the Codex sources under the title Fontes Juris Canonici (“Sources of the Code of Canon Law”). On May 31, 2016, Pope Francis issued the Motu proprio De concordia inter codex, amending ten canons (111, 112, 535, 868, 1108, 1109, 1111, 1112, 1116 and 1127) in order to align the norms of the Latin Code of Canon Law with those of the Code of Canons of the Eastern Churches. He did so after consultation with a committee of experts in Eastern and Latin canon law organized by the Pontifical Council for Legislative Texts. [23] In the Latin Church, positive ecclesiastical laws based directly or indirectly on immutable divine laws or natural laws derive formal authority from the supreme legislator (i.e., universal laws) in the case of universal laws.
the Pope), who has all legislative, executive, and judicial powers in his person,[11] while some laws derive formal authority from a legislature subordinate to the supreme legislature. The actual subject of the canons is not merely doctrinal or moral in nature, but encompasses global human existence,[12] and thus goes beyond what is considered revealed truth. Since the time of the early Church, it has been customary to collect the sacred canons in a book in order to facilitate their knowledge, use and observance, especially by spiritual ministers, because “no priest knows the sacred canons”, as Pope Celestine warned in a letter to the bishops of Apulia and Calabria (July 21, 429: cf. Jaffe, 2 No. 371; Mansi IV, col. 469).
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