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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 ...
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.
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.
The term canon derives from the Greek κανών (kanon), meaning "rule", and thence via Latin and Old French into English. [1] The concept in English usage is very broad: in a general sense it refers to being one (adjectival) or a group (noun) of official, authentic or approved rules or laws, particularly ecclesiastical; or group of official, authentic, or approved literary or artistic works ...
Catholic canon law also lays down rules for licit, also called lawful, placing of the act, along with criteria to determine its validity or invalidity. Valid but illicit or valid but illegal ( Latin : valida sed illicita ) is a description applied in the Catholic Church to describe either an unauthorized celebration of a sacrament or an ...
Thus from the four preceding articles [of Question 90], the definition of law may be gathered; and it is nothing else than an ordinance of reason for the common good, made by him who has care of the community, and promulgated. [7] Strictly speaking, this is a definition of human law. [8]
10 Philosophy, theology, and fundamental theory of Catholic canon law. 11 Law of persons. 12 Canonical documents. 13 Penal law. 14 Procedural law. 15 Academic degrees ...
For example, discovery in common law jurisdictions came about in part because of the influence of canon law on courts of equity. [11] Edson Luiz Sampel, a Brazilian expert in canon law, says that canon law is contained in the genesis of various institutes of civil law, such as the law in continental Europe and Latin American countries.