A Comparative Study Of The Impediments To Marriage Of The Canon Law Of The Latin Rite Of The Roman Catholic Church And The Law Of The State Of Maryland

1992 ◽  
Author(s):  
John B. Ward
Keyword(s):  
Comparative Study ◽  
Catholic Church ◽  
Canon Law ◽  
Roman Catholic ◽  
The State ◽  
Roman Catholic Church ◽  
The Law

A Question of Interpretation: The Roman Rota and the Theology of Marriage

2006 ◽  
Vol 8 (39) ◽  
pp. 425-437
Author(s):  
Aidan McGrath Ofm
Keyword(s):  
Twentieth Century ◽  
Catholic Church ◽  
Canon Law ◽  
Roman Catholic ◽  
Roman Catholic Church ◽  
Code Of Canon Law ◽  
Complete Reversal ◽  
The Law ◽  
Roman Catholics ◽  
The Way

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.

The Use of the Term ‘Pastoral’ in the 1983 Code of Canon Law with Reference to the 1917 Code

2018 ◽  
Vol 20 (2) ◽  
pp. 173-184
Author(s):  
James Campbell
Keyword(s):  
Catholic Church ◽  
Canon Law ◽  
Roman Catholic ◽  
Roman Catholic Church ◽  
Code Of Canon Law ◽  
Ecclesiastical Law ◽  
The Law ◽  
Latin Church

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.

scholarly journals Bishop Nicholas French and the second Ormond peace, 1648-9

1948 ◽  
Vol 6 (22) ◽  
pp. 83-100
Author(s):  
Patrick J. Corish
Keyword(s):  
Seventeenth Century ◽  
Political Theory ◽  
Catholic Church ◽  
Roman Catholic ◽  
The State ◽  
Roman Catholic Church ◽  
Moral Order ◽  
The Church ◽  
The Catholic Church

Europe in the seventeenth century was a land of mar and confusion because the great political problems raised by the religious disruption of the preceding century had not yet been solved. Chief among these was the problem of the relations between the Roman catholic church and a protestant state. The teaching of the pope's indirect power in temporal matters in any problem involving a breach of the moral order (ratione peccati) had been strongly re-stated by Bellarmine, and was the official attitude of the church. A protestant prince had committed a grave sin, that of heresy, and so it was the pope's right and duty to depose him and absolve his Catholic subjects from their allegiance. But this political theory was becoming impractical as the seventeenth century progressively demonstrated that Europe was permanently divided. As might be expected, juridical forms lagged behind the development of events; but by the middle of the century the Roman curia, while not prepared to give antecedent approval to a peace with protestants, might be said to be ready to acquiesce once it had been concluded, if the position and rights of the Catholic church could be assured. Yet this assurance was, in the circumstances, almost impossible. The Catholic church could not rest satisfied with toleration as a sect, but demanded recognition as an organised society with a source of jurisdiction illdependent of the state.

‘Anglicanism’ and the Origins of the Church of England

2014 ◽  
Vol 16 (3) ◽  
pp. 319-334
Author(s):  
Peter McCullough
Keyword(s):  
Sixteenth Century ◽  
Catholic Church ◽  
Canon Law ◽  
Church Of England ◽  
Roman Catholic ◽  
Roman Catholic Church ◽  
The Church ◽  
Historical Sketch ◽  
Formative Years

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.

The Never-Ending Story? Or, Does the Roman Catholic Church Remain Vulnerable to Charges of Improper Handling of Clergy Child Sex Abuse?

2019 ◽  
Vol 8 (2) ◽  
pp. 270-299 ◽  
Author(s):  
Patrick S Nash
Keyword(s):  
Cultural Change ◽  
Catholic Church ◽  
Canon Law ◽  
Roman Catholic ◽  
Roman Catholic Church ◽  
Religious Institutions ◽  
Sex Abuse ◽  
Organizational Settings ◽  
High Profile ◽  
Child Sex Abuse

Abstract This article explores whether the Roman Catholic Church’s response to the clergy child sex abuse scandal shields it from further charges of improper handling of cases. It begins by noting the current topicality of institutionalized abuse and how several high-profile public inquiries have recently been established to investigate child sex abuse across a range of secular and religious organizational settings. Although numerous religious institutions have become embroiled in clergy child abuse crises, the Catholic Church has come in for particular scrutiny and condemnation on account of its distinctive institutional characteristics which have exacerbated its own abuse scandal in a uniquely severe way. The Church’s own understanding of this issue is that a culture of antinomianism has taken root within the clerical hierarchy and that, were canon law to be applied properly, the crisis would be resolved. This contrasts quite dramatically with the typical external understanding of the crisis which sees the canonical legal system as part of the problem, namely the Church’s refusal to cooperate fully with the secular criminal justice system and effective assumption of a criminal jurisdiction of its own. The article concludes with a final prognosis of the prospects of fundamental legal and cultural change.

scholarly journals Ritual Void or Ritual Muddle? Deconsecration Rites of Roman Catholic Church Buildings

Religions ◽  
2020 ◽  
Vol 11 (10) ◽  
pp. 517
Author(s):  
Kim de Wildt
Keyword(s):  
Pastoral Care ◽  
Catholic Church ◽  
Canon Law ◽  
Western Europe ◽  
Sacred Space ◽  
Roman Catholic ◽  
Roman Catholic Church ◽  
Church Building ◽  
Subject Orientation ◽  
Church Buildings

The decrease in people who regularly celebrate liturgy in western Europe has led to the question of what to do with so-called obsolete church buildings. This question not only refers to whether or not a church building will be converted, reused or demolished, but also to the question of whether or not such a building needs to be deconsecrated, and if so, what does deconsecration of a church building actually entail? In this contribution, I will consider the role deconsecration rites play in the Roman Catholic church when a church building is taken out of liturgical use. In Roman Catholic liturgy, there are no prescribed, official deconsecration rites that are mandatory for a church building that is to be taken out of liturgical use. The actual deconsecration of a church building is, according to canon law, established by a decree that is issued by the responsible diocesan bishop. In the case of a church being taken out of liturgical use, however, there seems to be a shift from having a ritual void with regard to deconsecration rites, and also a focus on the “legitimate” way (in the sense of canon law) to deconsecrate a church building (object orientation), towards, in recent decades, paying more attention to a growing pastoral need (subject orientation) for deconsecration rites. These new ritual initiatives can be regarded as forms of pastoral care intended to help parishioners cope with the loss of their church building. I will show that different interpretations of canon law articles complicate straightforward answers to the question of which arguments are legitimate to deconsecrate a church. Furthermore, I will address the “ritual muddle”, the mixture of the actual deconsecration act in the sense of canon law and deconsecration rites that, from the perspective of canon law, do not effect church deconsecration. I will also address the differentiation between desecration and deconsecration, address historical forms of deconsecration rites and pay attention to the making and unmaking of sacred space. Finally, I will focus on contemporary deconsecration rites against the background of the complex reality in which such rites are situated.

The Canon Law Society of Great Britain and Ireland and its Newsletter

1999 ◽  
Vol 5 (25) ◽  
pp. 284-285
Author(s):  
Robert Ombresop
Keyword(s):  
Great Britain ◽  
Catholic Church ◽  
Canon Law ◽  
Roman Catholic ◽  
Roman Catholic Church ◽  
Annual Conference ◽  
Pope John Paul Ii ◽  
Code Of Canon Law ◽  
John Paul Ii

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.

scholarly journals The Concept of Death Penalty in a Pancasila State (Perspective of Official Religion in Indonesia)

2020 ◽  
Vol 2 (2) ◽  
pp. 131
Author(s):  
Maria Anna Muryani ◽  
Noor Rosyida
Keyword(s):  
Death Penalty ◽  
Catholic Church ◽  
Roman Catholic ◽  
Thomas Aquinas ◽  
The State ◽  
Roman Catholic Church ◽  
Comparative Approach ◽  
Conceptual Approach ◽  
Human Right ◽  
Library Research

<p>The death penalty concept  in perspective the official religion in Indonesia is an issue that is worthy of study in line wiht the execution of drug convicts lately. MUI fatwa No.10/Munas VII/MUI/ 14/2005 on the death penalty in a Specific Crime allow the penalty in certain types of criminal  acts. In a latter sent to his congregation, paul chapter 13 yat 1-4 mention about the goverment’s authority to impose penalties for offenders. St. Agustine and Thomas Aquinas assume that the state, in order to achieve common prosperity, can performthe death penalty. St. Agustine assess the death penalty as a way to prevent crime and protect those who are innocent. Buton the other hand the human right activists who joined in contrast, Impartial and Elsam reject the death penalty and the Roman catholic Church and Christians argue that the death penalty should not be carried out because it violates basic human right, namely the righ to life. Therefore, research is the theme of the death penalty in the perspective of the official state religions in the frame Pancasila want to investigate this further on the death penalty in the perspective of religion are officially recognized by the state as defined in the following issues; How does the concept of the death penalty in perspective official religions in Indonesia are contained in their holy book? And How the concept of the death penalty to be reviewed from the perspective of the state ideology Pancasila? This research is a normative juridical or doctrinal research. This study uses several approaches that approach to the concept (conceptual approach), approach to the comparative (comparative approach) and approach to legislation (statute approach). This study was a descriptive analytical method of data collection in the form of a data library (library research) and interviews.</p><p class="IABSSS" align="center">[]</p><p><em>Konsep hukuman mati dalam perspektif agama resmi di Indonesia merupakan sebuah isu yang patut dikaji sejalan dengan pelaksanaan eksekusi mati narapidana narkoba. Fatwa MUI No.10/Munas VII/MUI/14/2005 tentang pidana mati dalam Tindak Pidana Tertentu memungkinkan adanya pidana dalam jenis tindak pidana tertentu. Dalam surat terakhir yang dikirim ke jemaahnya, pasal 13 ayat 1-4 menyebutkan tentang kewenangan pemerintah untuk menjatuhkan sanksi bagi pelanggar. St Agustine dan Thomas Aquinas beranggapan bahwa negara, untuk mencapai kesejahteraan bersama, dapat melaksanakan hukuman mati. St Agustine menilai hukuman mati sebagai cara untuk mencegah kejahatan dan melindungi mereka yang tidak bersalah. Namun di sisi lain para aktivis HAM yang bergabung sebaliknya, Imparsial dan Elsam menolak hukuman mati dan Gereja Katolik Roma dan Kristen berpendapat bahwa hukuman mati tidak boleh dilakukan karena melanggar hak asasi manusia, yaitu hak untuk hidup. Oleh karena itu, penelitian yang mengangkat tema pidana mati dalam perspektif agama resmi negara dalam bingkai Pancasila ingin diteliti lebih jauh mengenai hukuman mati dalam perspektif agama yang diakui secara resmi oleh negara sebagaimana dirumuskan dalam isu-isu berikut; Bagaimana konsep hukuman mati dalam perspektif agama-agama resmi di Indonesia yang dimuat dalam kitab sucinya? Dan Bagaimana konsep hukuman mati ditinjau dari perspektif ideologi negara Pancasila? Penelitian ini merupakan penelitian yuridis normatif atau penelitian doktrinal. Penelitian ini menggunakan beberapa pendekatan yaitu pendekatan konsep (conceptual approach), pendekatan komparatif</em> (comparative approach) <em>dan pendekatan perundang-undangan</em> (statute approach). <em>Penelitian ini merupakan metode pengumpulan data </em><em>deskriptif analitik berupa pustaka data</em> <em>(studi pustaka) dan wawancara.</em></p>

Library of Congress Religious Law Classification Schedules: Elegant, Flexible and User-Friendly

2001 ◽  
Vol 29 (2) ◽  
pp. 488-496 ◽  
Author(s):  
Lucia Diamond
Keyword(s):  
Catholic Church ◽  
Canon Law ◽  
Development Process ◽  
Roman Catholic ◽  
Roman Catholic Church ◽  
Library Of Congress ◽  
New Classification ◽  
Religious Law ◽  
History Of ◽  
User Friendly

The Library of Congress recently issued new classification schedules for the law of the Roman Catholic Church and for the History of Canon Law. The schedules were developed by Dr. Jolande E. Goldberg of the Library of Congress with input from librarians and scholars from many countries. During the final months of their development, we spoke, individually and together, to several groups of librarians to introduce them to the elegant structure of these forthcoming schedules and to get reaction from librarians who had, and had not been, involved earlier in the development process. My role was to provide some context to the content of the schedules. I discussed the concept of religious law for purposes of these schedules and introduced the historical development of religious law, particularly that of the Roman Catholic Church.

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