29 dez canon law catholic
The School forms a community of men and women with the vocation of serving the Church – both practitioners of the law in teaching and advising and men and women acquiring both theoretical knowledge and practical experience of the law. VII. After the completion of the Corpus Iuris Canonici, subsequent papal legislation was published in periodic volumes called Bullaria. (4) In Spain, on the contrary, at least after the conversion of the Visigoths, the Church was strongly centralized in the See of Toledo, and in close union with the royal power. Despite its imperfections, it must be admitted that the work of Gratian was as near perfection as was then possible. It is easy to point out the difference between them:the idea is that of a wider or a more limited scope; to be more precise, common law refers to things, universal law to territories, general law to persons; so regulations affecting only certain things, certain territories, certain classes of persons, being a restriction or an addition, constitute special, particular, or singular law, and even local or individual law. Before tracing the various steps of this evolution, some terms require to be explained. With regard to acts, the law obliges the individual either to perform or to omit certain acts; hence the distinction into “affirmative or preceptive” laws and “negative or prohibitory” laws; at times it is forced to allow certain things to be done, and we have “permissive” laws, or laws of forbearance; finally, the law in addition to forbidding a given act may render it, if performed, null and void; these are “irritant” laws. At the time of the invasion of the Vandals, the canonical code of the African Church comprised, after the canons of Nicaea, those of the Council of Carthage under Bishop Gratus (about 348), under Genethlius (390), of twenty or twenty-two plenary councils under Aurelius (from 393 to 427), and the minor councils of Constantinople. The pope wished to collect in a more uniform and convenient manner the decretals scattered through so many different compilations; he entrusted this synopsis to his chaplain Raymund of Pennafort, and in 1234 sent it officially to the universities of Bologna and Paris. Finally, different classes of persons, the clergy, religious orders, etc., have their own laws which are superadded to the general law. C. Canonical Collections to the Time of Gratian.—The Latin Church was meanwhile moving towards closer unity; the local character of canonical discipline and laws gradually disappears, and the authors of canonical collections exhibit a more personal note, i.e. A. Canonical Collections in the East.—Until the Church began to enjoy peace, the written canon law was very meagre; after making full allowance for the documents that must have perished, we can discover only a fragmentary law, made as circumstances demanded, and devoid of all system. In the sixteenth century they tried to apply, not to the official collections, but in their lectures on canon law the method and division of the “Institutes” of Justinian: persons, things, actions or procedure, crimes, and penalties (Institutes, I, ii, 12). The plan of the “Institutiones”, in imitation of Lancelotti (Perugia, 1563), has been followed by very many canonists, among whom the principal are: the learned Antonio Agustin, Archbishop of Tarragona, “Epitome juris pontificii veteris” (Tarragona, 1587); his “De emendation Gratiani dialogorum libri duo” (Tarragona, 1587), is worthy of mention; Claude Fleury, “Institution au droit ecclesiastique” (Paris, 1676); Zeger Bernard van Espen, “Jus ecclesiasticum universum” (Cologne, 1748); the Benedictine Dominic Schram, “Institutiones juris ecclesiastici” (Augsburg, 1774); Vincenzo Lupoli, “Juris ecclesiastici praelectiones” (Naples, 1777); Giovanni Devoti, titular Archbishop of Carthage, “Institutionum canonicarum libri quatuor” (Rome, 1785); his “Commentary on the Decretals” has only the first three books (Rome, 1803); Cardinal Soglia, “Institutiones juris private et publici ecclesiastici” (Paris, 1859) and “Institutiones juris publici”, (Loreto, 1843); D. Craisson, Vicar-General of Valence, “Manuale compendium totius juris canonici” (Poitiers, 1861). (I) A collection in twelve books, compiled in Northern Italy, and dedicated to an Archbishop Anseim, doubtless Anseim II of Milan (833-97), still unedited; it seems to have been widely used. Laws in general, and irritant laws in particular, are not retroactive, unless such is expressly declared by the legislator to be the case. the Byzantine ecclesiastical laws, or again laws of civil origin and character but which were changed into canonical laws, e.g. It means not knowing that canon law lies behind many things that we as Catholics take for granted. (6) The collection of the False Decretals, or the Pseudo-Isidore (about 850), is the last and most complete of the “chronological” collections, and therefore the one most utilized by the authors of the subsequent “systematic” collections; it is the “Hispana” or Spanish collection together with apocryphal decretals attributed to the popes of the first centuries up to the time of St. Damasus, when the authentic decretals begin. nova collect.”, VI, app. It must be remembered that the Church existed for a long time before having a complete and coordinated system of law; that many daily acts of its administration, while objectively canonical, were of the same nature as similar acts in civil matters, e.g. 1, 1983 CIC ("The Canons of this code regard only the, The National Encyclopedia: Volume 2, p. 416, Code of Canons of the Eastern Churches, Latin-English Edition, New English Translation (Canon Law Society of America, 2001), page xxv, Catholic Encyclopedia 1913, "Words (In Canon Law)", Exegetical Commentary on the Code of Canon Law, Vol. II etc.” (Salzburg, 1718); the Jesuit Francis Schmalzgrueber, “Jus ecclesiasticum universum” (Dillingen, 1717); Peter Leuren, also a Jesuit, “Forum ecclesiasticum” etc. Indults or the powers that the bishops of the Catholic world receive from the Holy See, to regulate the various cases that may arise in the administration of their dioceses, belong to the category of privileges; together with the dispensations granted directly by the Holy See, they eliminate any excessive rigidity of the law, and ensure to ecclesiastical legislation a marvelous facility of application. 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