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The journal was established in 1950 and is the Columbus School of Law's oldest legal journal. The Catholic University Law Review publishes articles, book reviews, and essays, in addition to notes and comments written by student staff members. [1]
The Jurist: Studies in Church Law and Ministry or simply The Jurist is a peer-reviewed academic journal and the only journal published in the United States devoted to the study and promotion of the canon law of the Catholic Church. It was initiated in 1940 [1] to serve the academic
The jurisprudence of Catholic canon law is the complex of legal theory, traditions, and interpretative principles of Catholic canon law. In the Latin Church , the jurisprudence of canon law was founded by Gratian in the 1140s with his Decretum . [ 1 ]
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 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] This canon law has principles of legal interpretation, [10] and coercive penalties. [11] It lacks civilly-binding force in most secular jurisdictions.
On 25 January 1983, [3] with the apostolic constitution Sacrae disciplinae leges, [8] John Paul II promulgated the 1983 Code of Canon Law for all members of the Catholic Church who belonged to the Latin Church. [3] It entered into force the first Sunday of the following Advent, [3] which was 27 November 1983. [4]
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 ...
For a further group, the legal personality of the Holy See in international law arises from the Lateran Treaty, which, in their view, conferred international standing to the central government of the Catholic Church. In this sense, Oppenheim argued that "the previously controversial international position of the Holy See was clarified as the ...