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Philosophy and theology shape the concepts and self-understanding of canon law as the law of both a human organization and as a supernatural entity, since the Catholic Church believes that Jesus Christ instituted the church by direct divine command, while the fundamental theory of canon law is a meta-discipline of the "triple relationship ...
Roman Rota: cases against the heads of religious orders, cases against dioceses or church institutions that are immediately subject to the Holy See, and non-penal cases against bishops; The Pope himself: any case where a cardinal, Eastern rite patriarch, papal legate, or head of state is a defendant and any penal case involving a bishop.
The canon law of the Catholic Church has all the ordinary elements of a mature legal system: laws, courts, lawyers, judges. [8] The canon law of the Catholic Church is articulated in the legal code for the Latin Church [9] as well as a code for the Eastern Catholic Churches. [9]
The Catholic Church claims to be the Church founded by Jesus Christ for the salvation of men. The Catholic Church needs a regulating power (the authority of the Church). The decree Lamentabili sane, of 3 July 1907, rejects the doctrine that Christ did not desire to found a permanent, unchangeable Church endowed with authority. [a] [2]
In the canon law of the Roman Catholic Church, a dispensation is the exemption from the immediate obligation of law in certain cases. [20] Its object is to modify the hardship often arising from the rigorous application of general laws to particular cases, and its essence is to preserve the law by suspending its operation in such cases. [21]
The common opinion is that when the decisions are enlargements of the law (declaratio extensiva legis) the decisions do not bind except in the particular case for which the decree is made. If, however, the decision is not an enlargement, but merely an explanation of the law (declaratio comprehensiva legis), such decree binds in similar cases.
The Catholic Church utilizes the oldest continuously functioning legal system in the West, [1] much later than Roman law but predating the evolution of modern European civil law traditions. The history of Latin canon law can be divided into four periods: the jus antiquum , the jus novum , the jus novissimum and the Code of Canon Law . [ 2 ]
The Catholic Church teaches that it is the one, holy, catholic, and apostolic Church founded by Jesus. Concerning non-Catholics, the Catechism of the Catholic Church, drawing on the document Lumen gentium from Vatican II, explains the statement Outside the Church there is no salvation: