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Papal privileges resembled dispensations, since both involved exceptions to the ordinary operations of the law. But whereas "dispensations exempt[ed] some person or group from legal obligations binding on the rest of the population or class to which they belong," [ 1 ] "[p]rivileges bestowed a positive favour not generally enjoyed by most people."
The jurisprudence of canon law is the complex of legal principles and traditions within which canon law operates, while the philosophy, theology, and fundamental theory of Catholic canon law are the areas of philosophical, theological, and legal scholarship dedicated to providing a theoretical basis for canon law as a legal system and as true law.
The Decretum formed the core of the body of canon law upon which a greater legal structure was built. [12] [clarification needed] Before Gratian there was no "jurisprudence of canon law" (system of legal interpretation and principles). Gratian is the founder of canonical jurisprudence, which merits him the title "Father of Canon Law". [14]
Papal dispensation is a reserved right of the pope that allows for individuals to be exempted from a specific Canon law. Dispensations are divided into two categories: general, and matrimonial. Dispensations are divided into two categories: general, and matrimonial.
Canon law (from Ancient Greek: κανών, kanon, a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members.
In the canon law of the Catholic Church, ecclesiastical privileges are the privileges enjoyed by the clergy. Their scope varied over time. [1] The main privileges are: [1] Privilegium canonis, regarding personal inviolability against malicious injury; Privilegium fori, regarding a special tribunal in civil and criminal causes before an ...
Petrine privilege, also known as the privilege of the faith or favor of the faith, is a ground recognized in Catholic canon law allowing for dissolution by the Pope of a valid natural marriage between a baptized and a non-baptized person for the sake of the salvation of the soul of someone who is thus enabled to marry in the Church.
The pope can dispense from canon law in all cases that are not contrary to Divine law—except in the case of vows, espousals and marriages ratum sed non consummatum, or valid and consummated marriages of neophytes before baptism. In doubtful cases, however, he may decide authoritatively as to the objective value of the doubt.