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An overview of canon law

John J. Coughlin

in Canon Law: A Comparative Study with Anglo-American Legal Theory

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195372977
eISBN:
9780199871667
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372977.003.0002
Subject:
Law, Philosophy of Law

This chapter offers an overview of canon law. It starts by defining what canon law is not. It then traces the historical development of canon law from its origins in the early church to its flowering ... More


Concluding observations: Antinomianism, Legalism, and the Rule of Law

John J. Coughlin

in Canon Law: A Comparative Study with Anglo-American Legal Theory

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195372977
eISBN:
9780199871667
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372977.003.0009
Subject:
Law, Philosophy of Law

This chapter offers a conclusive synthesis of the study. The first part identifies the natural and supernatural ends of canon law. The second part summarizes the examples of clergy sexual abuse, the ... More


Marcellus

Sara Parvis

in Marcellus of Ancyra and the Lost Years of the Arian Controversy 325-345

Published in print:
2006
Published Online:
May 2006
ISBN:
9780199280131
eISBN:
9780191603792
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199280134.003.0002
Subject:
Religion, Early Christian Studies

This chapter presents Marcellus as the ambitious and capable young canon law-maker responsible for the 314 Synod of Ancyra, with its 25 canons on penance, the recent persecution, and other subjects. ... More


The Development of an Ecclesiastical Rule of Law

Hamilton Hess

in The Early Development of Canon Law and the Council of Serdica

Published in print:
2002
Published Online:
April 2004
ISBN:
9780198269755
eISBN:
9780191601163
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198269757.003.0004
Subject:
Religion, Early Christian Studies

Abundant evidence exists for the adaptation of civil practices, inclusive of the taking of minutes, for use in church councils. The minutes of the Council of Carthage held under Cyprian in September ... More


Indeterminacy in canon law: The Refusal of Holy Communion to Catholic Public Officials: Canon 915: “A Central Case”

John J. Coughlin

in Canon Law: A Comparative Study with Anglo-American Legal Theory

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195372977
eISBN:
9780199871667
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372977.003.0007
Subject:
Law, Philosophy of Law

This chapter consists of three sections. First, it describes the controversy about the application of Canon 915 during the 2004 US electoral campaign and discusses this controversy in reference to ... More


Canon law and the sexual abuse crisis: Antinomianism, Legalism, and the Failure of the Rule of Law

John J. Coughlin

in Canon Law: A Comparative Study with Anglo-American Legal Theory

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195372977
eISBN:
9780199871667
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372977.003.0003
Subject:
Law, Philosophy of Law

This chapter consists of two major parts. The first reviews the canonical provisions that were in place to respond to allegations of sexual abuse and to impose the penalty of dismissal from the ... More


Canon law and the sexual abuse crisis continued: The Consequences of the Failure of the Rule of Law

John J. Coughlin

in Canon Law: A Comparative Study with Anglo-American Legal Theory

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195372977
eISBN:
9780199871667
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372977.003.0004
Subject:
Law, Philosophy of Law

This chapter addresses the canonical consequences of antinomianism and legalism. These include injury to the victims, the alleged link between priesthood and sexual deviancy, the disruption of the ... More


Canon Law: A Comparative Study with Anglo-American Legal Theory

John J. Coughlin, O.F.M.

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195372977
eISBN:
9780199871667
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372977.001.0001
Subject:
Law, Philosophy of Law

This book explores the canon law of the Roman Catholic Church from a comparative perspective. The Introduction to the book presents historical examples of antinomian and legalistic approaches to ... More


Introduction

John J. Coughlin

in Canon Law: A Comparative Study with Anglo-American Legal Theory

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195372977
eISBN:
9780199871667
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372977.003.0001
Subject:
Law, Philosophy of Law

This introductory chapter first sets out the purpose of the book, which is to discuss the ways in which antinomianism and legalism have impacted on canon law as the rule of law in the Roman Catholic ... More


The indeterminacy claim continued: Canon 915: “A Doubtful or Hard Case”

John J. Coughlin

in Canon Law: A Comparative Study with Anglo-American Legal Theory

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195372977
eISBN:
9780199871667
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372977.003.0008
Subject:
Law, Philosophy of Law

The previous chapter explored the nature of the indeterminacy claim and offered an argument that the application of Canon 915 to Catholic public officials is a central case. Most of the bishops in ... More


Informal Marriages in Canon Law

Göran Lind

in Common Law Marriage: A Legal Institution for Cohabitation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195366815
eISBN:
9780199867837
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195366815.003.0003
Subject:
Law, Family Law

This chapter discusses informal marriages under canon law. It considers the influence of Roman law, and traces the evolution of canon law understanding of marriage from the Middle Ages to the Council ... More


Bastardy in Sixteenth-Century French Legal Doctrine and Practice

Matthew Gerber

in Bastards: Politics, Family, and Law in Early Modern France

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199755370
eISBN:
9780199932603
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199755370.003.0001
Subject:
History, European Early Modern History, Family History

Defining as “bastard” any child born outside of legitimate marriage, sixteenth-century French jurists alleged that all such offspring were tainted with a mark of criminal unworthiness stemming from ... More


Papacy and Law in the Gregorian Revolution: The Canonistic Work of Anselm of Lucca

Kathleen G. Cushing

Published in print:
1998
Published Online:
October 2011
ISBN:
9780198207245
eISBN:
9780191677571
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198207245.001.0001
Subject:
History, European Medieval History, History of Religion

This book explores the role of canon law in the ecclesiastical reform movement of the eleventh century, commonly known as the Gregorian Refom movement. Focusing on the ... More


Magic and Impotence in the Middle Ages

Catherine Rider

Published in print:
2006
Published Online:
September 2007
ISBN:
9780199282227
eISBN:
9780191713026
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199282227.001.0001
Subject:
History, European Medieval History

This book investigates the common medieval belief that magic could cause impotence. Because impotence was a ground for annulling a marriage in medieval canon law, it received a large amount of ... More


From the Thirteenth Century to the Accession of Elizabeth

R. H. Helmholz

in The Oxford History of the Laws of England: The Canon Law and Ecclesiastical Jurisdiction from 597 to the 1640s

Published in print:
2004
Published Online:
March 2012
ISBN:
9780198258971
eISBN:
9780191681882
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258971.003.0003
Subject:
Law, Legal History

This chapter speaks about stability of canon law during the later Middle Ages and the early Tudor period. The contrast between the stability of this period and the advances in law that had taken ... More


Canon Law and Theology

John J. Coughlin

in Law, Person, and Community: Philosophical, Theological, and Comparative Perspectives on Canon Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199756773
eISBN:
9780199932177
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756773.003.0003
Subject:
Law, Philosophy of Law

This chapter looks at two fundamental questions about the relationship between canon law and theology. The first question concerns the validity of canon law. In light of the fact that Christianity is ... More


Conclusion

John J. Coughlin

in Law, Person, and Community: Philosophical, Theological, and Comparative Perspectives on Canon Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199756773
eISBN:
9780199932177
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756773.003.0010
Subject:
Law, Philosophy of Law

This chapter begins by summarizing seven principles about the relation between law and theology which have run like leitmotifs through the study. It then discusses the natural and theological ... More


From the Norman Conquest to the Establishment of Consistory Courts

R. H. Helmholz

in The Oxford History of the Laws of England: The Canon Law and Ecclesiastical Jurisdiction from 597 to the 1640s

Published in print:
2004
Published Online:
March 2012
ISBN:
9780198258971
eISBN:
9780191681882
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258971.003.0002
Subject:
Law, Legal History

This chapter focuses on the growth of European legal science in general and the formation of the classical canon law in particular. It also talks about three separate developments: first, the English ... More


Canonists and Jurists

Alexander Murray

in Suicide in the Middle Ages: Volume ii: The Curse on Self-Murder

Published in print:
2000
Published Online:
October 2011
ISBN:
9780198207313
eISBN:
9780191677625
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198207313.003.0009
Subject:
History, European Medieval History, Social History

This chapter aims to discover how medieval lawyers responded to the ancient written inheritance in law. It investigates the most familiar categories of medieval written law, canon and Roman, to see ... More


 Defining Women Out of Ordination

Gary Macy

in The Hidden History of Women's Ordination: Female Clergy in the Medieval West

Published in print:
2008
Published Online:
January 2008
ISBN:
9780195189704
eISBN:
9780199868575
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195189704.003.0004
Subject:
Religion, History of Christianity

This chapter presents in detail how the definition of ordination changed in the 11th and 12th century. A law from the 11th‐century reform council of Benevento was interpreted by both canon lawyers ... More


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