Women and Gender in Canon Law

2013 ◽  
Author(s):  
Sara McDougall
Keyword(s):  
Canon Law ◽  
Legal Theory ◽  
Legal Practice ◽  
Women And Gender ◽  
Men And Women ◽  
Three Stages ◽  
Marriage Formation ◽  
The Law ◽  
And Gender ◽  
The Church

Canon law, the law of the church, defined men and women as distinct and different. Nevertheless, particularly in marriage, canon law also endorsed several important equalities for spouses, irrespective of gender. This article seeks out the balance between gender equalities and inequalities in marriage as found in legal theory and in legal practice, in canon law and in canon law courts. The law itself called for a contradictory positioning of men and women as husbands and wives in a relationship that required both a hierarchical structure and at the same time equality. Ecclesiastical judges practiced a complex implementation of these rules. The article will examine the place of gender in canon law and legal practice concerning marriage in three stages: marriage formation, married life, and dissolution.

ПроблемырелигиозногообращениявюридическомтворчествеАльфонсоХ

2019 ◽  
pp. 56-85
Author(s):  
L.V. Chernina
Keyword(s):  
Iberian Peninsula ◽  
Canon Law ◽  
Religious Conversion ◽  
Legal Theory ◽  
13Th Century ◽  
Marital Relations ◽  
Political Interests ◽  
Siete Partidas ◽  
The Church ◽  
Christian Society

Статья посвящена разновидностям религиозного обращения в Кастилии в 13м веке, главным образом в том виде, в каком они появляются в легальных источниках эры Альфонсина. Заметное еврейское меньшинство существовало в средневековых христианских штатах Пиренейского полуострова наряду с более крупным мусульманским. Церковь и какимто образом государство поощряло членов этих групп принять христианство. Это было главной целью различных мер, некоторые из которых нашли свое отражение в Fuero Real , Especulo и Siete Partidas : защита собственности новообращенных, регулирование брачных отношений в связи с изменением веры, установление наказаний для тех, кто мешает человеку перейти в христианское общество. Особое внимание уделяется отступничеству отказу от христианства для иудаизма или ислама, а также методам противодействия ему, предложенным юристами Альфонсо. Широко распространено мнение, что законы, которые регулировали религиозное обращение в светской правовой теории 13го века, в основном копируют существующий канонический закон. Однако анализ показывает, что на процесс составления законов влияли как церковная традиция, так и непосредственные военные и политические интересы Кастилии.The article is dedicated to the varieties of religious conversion in Castile in the 13th century, mainly as they appear in the legal sources of Alfonsine era. A noticeable Jewish minority existed in medieval Christian states of the Iberian Peninsula alongside with a larger Muslim one. The Church and in some way the State encouraged the members of these groups to adopt Christianity. This was the main purpose of different measures some of which found their reflection in Fuero Real , Especulo and Siete Partidas : protection of the converts property, the regulation of marital relations in connection with the change of faith, establishment of punishments for those who prevent an individual from the conversion to Christian society. Special attention is paid to the apostasy a rejection of Christianity for Judaism or Islam, and to the methods to impede it, suggested by Alfonsos jurists. It is widely agreed that the laws which regulated the religious conversion in the secular legal theory of the 13th century mostly copy the existed canon law. However the analysis demonstrates that the process of composition of laws was influenced both by the ecclesiastic tradition and the immediate military and political interests of Castile.

University Education and English Ecclesiastical Lawyers 1400–1650

2011 ◽  
Vol 13 (2) ◽  
pp. 132-145 ◽  
Author(s):  
Richard Helmholz
Keyword(s):  
Thirteenth Century ◽  
Legal Education ◽  
University Education ◽  
Legal Practice ◽  
Negative Opinion ◽  
Ius Commune ◽  
The Law ◽  
The Church ◽  
Academic Study

Most recent historians have expressed a negative opinion of the quality of legal education at the English universities between 1400 and 1650. The academic study of law at Oxford and Cambridge, they have stated, was easy, antiquated and impractical. The curriculum had not changed from the form it assumed in the thirteenth century, and it did little to prepare students for their careers. This article challenges that opinion by examining the inner nature of the ius commune, the law that was applied in the courts of the church, and also by examining some of the works of practice compiled by English civilians during the period. Those works show that the negative opinion rests in part upon a misunderstanding of the nature of legal practice during earlier centuries. In fact, concentration on the texts of the Roman and canon laws, as old-fashioned as it seems to us, was well suited for the tasks advocates and judges would face once they left the academy. It also provided the stimulus needed for advance in the law of the church itself; their legal education made available to potential advocates and judges skills that would permit a sophisticated application of the ius commune, one better suited to their times. The article provides evidence of how this happened.1

scholarly journals Exploring the Relevance of Feminist Leadership in Theological Education of Nigeria

2013 ◽  
Vol 16 (4) ◽  
pp. 26-40
Author(s):  
Adesanya Ibiyinka Olusola
Keyword(s):  
Theological Education ◽  
Gender Justice ◽  
Women And Gender ◽  
Theological Schools ◽  
The Bible ◽  
Feminist Leadership ◽  
The World ◽  
Church And Society ◽  
And Gender ◽  
The Church

Feminist leadership is very important in theological education as it would seek to deconstruct stereotypical assumptions about women and gender in Christian theological traditions. Unfortunately, most of the theological schools in Nigeria do not have feminist as leaders. Five reasons why feminist leadership are needed in theological schools have been identified as, the bible teaching that women brought sin and death to the world, servant hood notion of women, scandal of particularity, male domination of ministries and theological methods and process that are full of stereotypes. All this does not provide women a unique opportunity to discover and develop their potential in the church and society. Also, women’s relevance and contributions can be hampered if not allowed to put in their optimum. To avoid this, the researcher suggests that theological education should not discriminate against any gender, but should work to bring about gender justice by involving the feminist leaders in theological education in Nigeria. It is hoped that by pursuing these steps, theological education in Nigeria would be preparing the way to sustainable development of the mission of Christ on earth.

The Church of England and the Law of Divorce since 1837: Marriage Discipline, Ecclesiastical Law and the Establishment

1994 ◽  
Vol 45 (4) ◽  
pp. 625-641
Author(s):  
Bruce S. Bennett
Keyword(s):  
Canon Law ◽  
Church Of England ◽  
Essential Point ◽  
Ecclesiastical Law ◽  
The Status ◽  
Practical Reality ◽  
State Changes ◽  
The Law ◽  
The Relationship ◽  
The Church

Ever since Henry VIII, the law of marriage has occupied a special place in the relationship between the Church of England and the state. Changes made to the law since 1857 have raised far-reaching and difficult questions about the nature of this relationship, involving the status of canon law. Marriage in church has remained, perhaps even more than the other rites of passage, an essential point at which the Church of England still touches the lives of great numbers of the otherwise unchurched, and these questions have thus impinged on the practical reality of the Church's work.

Holy Men and Women of the Desert

2020 ◽  
pp. 34-50
Author(s):  
David Brakke
Keyword(s):  
Complete Separation ◽  
Women And Gender ◽  
Men And Women ◽  
Literary Forms ◽  
The Poor ◽  
Recent Scholarship ◽  
The World ◽  
And Gender ◽  
Holy Man ◽  
Evagrius Ponticus

Recent scholarship has undermined the traditional picture of desert monasticism as originating with Antony of Egypt and then spreading to Palestine and Syria, as consisting of the poor and uneducated, and as developing in complete separation from the world. This essay discusses key trends in the study of late ancient desert monks including: the decentring of Egypt and the turn away from single founders; philosophy as the source of and background for monastic practices and literary forms; scepticism about the myth of the desert; the engagement of monks with wider society; rethinking the concept of the holy man; and attention to women and gender. Publications of new sources (such as the works of Evagrius Ponticus and Shenoute), more theoretically aware readings of old sources, and studies of archaeological and papyrological remains have contributed to these developments.

Murmurings

2021 ◽  
pp. 11-35
Author(s):  
Ian Ward
Keyword(s):  
Church Of England ◽  
Legal Profession ◽  
Labour Party ◽  
Public Institutions ◽  
Law School ◽  
The Other ◽  
Legal Practice ◽  
Legal Studies ◽  
The Law ◽  
The Church

This chapter focusses on David Hare’s Murmuring Judges; part of his critically acclaimed ‘State of the Nation’ trilogy, produced in the late 1980s and early 1990s. In each of these plays, Hare focussed his attention on the seeming dysfunctionality of particular public institutions. The other two plays in the set examined the Church of England and the Labour Party. Murmuring Judges, as the title suggests, focusses its attention on the legal profession; more closely still the Bar and the police. Hare’s critique of legal practice, and education, chimed with contemporary movements in ‘critical legal studies’ or CLS, as it became known. The CLS movement sought to uncover the ‘politics of the law’, and its consequence, arguing that its roots could be located in the modern law school. This chapter brings this claim and Hare’s play into alignment.

The English Law of Sanctuary

1990 ◽  
Vol 2 (6) ◽  
pp. 8-13 ◽  
Author(s):  
J. H. Baker
Keyword(s):  
Canon Law ◽  
Common Law ◽  
Early Date ◽  
Administration Of Justice ◽  
Holy Places ◽  
Royal Courts ◽  
The Common ◽  
English Law ◽  
The Law ◽  
The Church

Although the protection of churches and holy places was embodied froman early date in Canon law, the law of sanctuary as it applied in England was necessarily part of the secular common law. The Church never had the physical power to resist the secular authorities in the administration of justice, and although those who violated sanctuary were liable to excommunication the Church could not in cases of conflict prevent the removal from sanctuary of someone to whom the privilege was not allowed by the law of the land. The control of the common law judges was, indeed, tighter than in the case of benefit of clergy. The question whether an accused person was or was not a clerk in Holy Orders was ultimately a question for the ordinary, however much pressure might be put upon him by the judges; but the question of sanctuary or no sanctuary was always a question for the royal courts to decide, upon the application of a person who claimed to have been wrongly arrested in a privileged place. The present summary is confined to the position under English law.

A Prolonged Abrogation? The Capitulations, the 1917 Law of Family Rights, and the Ottoman Quest for Sovereignty during World War 1

2020 ◽  
Vol 52 (2) ◽  
pp. 245-260
Author(s):  
Kate Dannies ◽  
Stefan Hock
Keyword(s):  
Ottoman Empire ◽  
Islamic Law ◽  
Family Law ◽  
World War ◽  
Women And Gender ◽  
The Family ◽  
French And English ◽  
History Of ◽  
The Law ◽  
And Gender

AbstractThe 1917 promulgation of a new Ottoman family law is recognized as a landmark moment in the history of Islamic law by scholars of women and gender in the Middle East. Yet the significance of the 1917 law in the struggle over religious jurisdiction, political power, and Ottoman sovereignty has been overlooked in the scholarship on both Ottoman legal reform and World War 1. Drawing on Ottoman Turkish, German, French, and English sources linking internal interpretations of the law and external reactions to its passage, we reinterpret adoption of the family law as a key moment in the geopolitics of World War 1. We demonstrate that passage of the law was a critical turning point in the wartime process of abrogating the capitulations and eliminating the last vestiges of legal extraterritoriality in the Ottoman Empire. The law is situated in its wartime political context and the geopolitical milieu of larger Europe to demonstrate that, although short-lived, the 1917 family law was a centerpiece of the wartime struggle to define extraterritorial rights of the Ottoman Empire, the Great Powers, and their protégés within the empire.

Sign in / Sign up

Export Citation Format

Share Document