Papal Primacy: An Anglican Perspective

2003 ◽  
Vol 7 (33) ◽  
pp. 112-126
Author(s):  
John Hind

I am grateful to the Ecclesiastical Law Society and the Canon Law Society of Great Britain and Ireland for their invitation to address this theme, although I have to confess, as a non-lawyer, I do feel rather a fraud standing here. I take comfort, however, first from the fact that, albeit welcome, your invitation was unsought, and second from my understanding that the purpose of canon law is to give legal expression to the theology of the church and that the purpose of the theology of the Church (in its positive and articulated aspects) is to explain the purposes and the work of God. In other words, the ultimate point of canon law is and must be pastoral, as is well expressed by the last canon, Canon 1752, of the 1983 Code of Canon Law for the Roman Catholic Church, with its reference to ‘the salvation of souls, which in the Church must always be the supreme law’.

1999 ◽  
Vol 5 (25) ◽  
pp. 284-285
Author(s):  
Robert Ombresop

The organisation now known as the Canon Law Society of Great Britain and Ireland was founded in 1957, and its Newsletter was first published in 1969. The activities, publications and achievements of the Society within the Roman Catholic Church are manifold, and were acknowledged by Pope John Paul II when he granted an audience to participants of the 1992 annual conference held in Rome. This papal address is printed at the beginning of The Canon Law: Letter & Spirit (London 1995), the full commentary on the 1983 Code of Canon Law prepared by the Society.


1991 ◽  
Vol 2 (9) ◽  
pp. 213-221
Author(s):  
Gordon Read

“The claim to have succeeded in covering every side of Church life at the conclusion of the herculean labour of codification on this scale would indeed be a bold one, and one very uncongenial to the spirit of English law”, comments the report entitled ‘The Canon Law of the Church of England’. Despite the production of a Code of Canon Law for the Church of England, the provisions of law as applying to the Church of England are much more complex, involving not only the provisions of the Code, but also Common Law, Statute Law, judicial decisions and occasional survivals from Mediaeval Canon Law. For this reason although the ecclesiastical courts of the Church of England and of the Roman Catholic Church have common origins and features, there are also many differences, not only in structure, but in the material that comes before them.


2018 ◽  
Vol 20 (2) ◽  
pp. 173-184
Author(s):  
James Campbell

This article compares the use of the term ‘pastoral’ in the canon law of the Western Latin Church as it occurred in the 1917 Pio-Benedictine Code of Canon Law and then in the revised Code of 1983. This is because the revised Code increased the use of the term ‘pastoral’ and I wish to see if its meaning had changed and, if so, in what way. Hence, the article considers how ‘pastoral’ occurred in the 1917 Code and then in the equivalent canons in the 1983 Code. There follows comparison with the earlier canons, which were sources for the 1983 canons to see if the term has changed in meaning and, if so, what that change is. I am interested to track the use of ‘pastoral’ because it has become ubiquitous in the churches and in society and has different meanings and expectations associated with it. As far as canon law and ecclesiastical law generally are concerned, it is interesting to consider how the term is used and this article is a contribution to an understanding of ‘pastoral’ in the law of the Roman Catholic Church.


2020 ◽  
pp. 1-9
Author(s):  
Christopher Hill

Readers of the Journal will recall the Ecclesiastical Law Society's long tradition of serious ecumenical engagement, embodied in the biennial Lyndwood Lecture with the Canon Law Society of Great Britain and Ireland, and recall that a number of members of the Society are regularly engaged with the Colloquium of Anglican and Roman Catholic Canon Lawyers. Moreover, ecumenical agreement and disagreement have canonical consequences, as, for example, in the debate about Anglican orders. In moral theology, particularly Roman Catholic moral theology, the relation between moral teaching, the confessional and canon law is obvious to any practitioner. My own interest in the Ecclesiastical Law Society was a direct consequence of my involvement in Anglican–Roman Catholic dialogue as successively co-secretary, member and consultant of the various embodiments of the Anglican–Roman Catholic International Commission (ARCIC) from 1974 onwards. An ecumenical conversation with Canon Graham Routledge, a founder member, led me to seek membership of the Society in its early days.


2014 ◽  
Vol 16 (3) ◽  
pp. 319-334
Author(s):  
Peter McCullough

This article aims to provide an introductory historical sketch of the origins of the Church of England as a background for canon law in the present-day Anglican Communion and the Roman Catholic Church. Written by a specialist for non-specialists, it summarises the widely held view among ecclesiastical historians that if the Church of England could ever be said to have had a ‘normative’ period, it is not to be found in its formative years in the middle decades of the sixteenth century, and that, in particular, the origins of the Church of England and of what we now call ‘Anglicanism’ are not the same thing.


2006 ◽  
Vol 8 (39) ◽  
pp. 425-437
Author(s):  
Aidan McGrath Ofm

Judges need guidance if they are to apply the law in particular circumstances with an even hand. For Roman Catholics, Canon 19 of the 1983 Code of Canon Law provides this guidance by reference to the practice of the Roman Curia and by the constant opinion of learned authors. Useful as these supplementary sources are, they mean that judges have to trust that those responsible for making decisions in the Roman Curia and the learned authors have drawn their conclusions on a sound basis. This study considers what happened when a specific document was misunderstood in the Roman Catholic Church for almost four hundred years. The document, a letter from Pope Sixtus V to his Nuncio in Spain in 1587, responded to a specific query concerning the capacity for marriage of men who had been castrated. The interpretation of the letter defined the Roman Catholic Church's concept of marriage in general and its understanding of the impediment of impotence for four centuries. In the twentieth century, several Roman Catholic judges and canonists refused to take at face value the conclusions offered by other judges and learned authors, and decided to carry out their own analysis of the document in question. This resulted in a complete reversal of the way in which marriage cases were considered by the Apostolic Tribunal of the Roman Rota, and contributed to the emergence of a much richer and more integrated theology of marriage.


Ecclesiology ◽  
2008 ◽  
Vol 4 (3) ◽  
pp. 308-325
Author(s):  
Gordon Arthur

AbstractThis paper offers a theological examination of the legal theory underlying the Canon Law of the Roman Catholic Church from the time of Gratian onwards, and of the Church of England since the Reformation, comparing the latter with parallel developments in English Common Law. Despite their very different contexts, structures and emphases, a surprising degree of similarity emerges, which may provide a basis for further discussion and convergence in the future.


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