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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 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.
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 ...
In the decades following the Second Vatican Council, many canonists called for a more theological, rather than philosophical, conception of canon law, [19] acknowledging the "triple relationship between theology, philosophy, and canon law". [1] Pope Benedict XVI, in his address of 21 January 2012 before the Roman Rota, taught that canonical ...
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]
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 ...
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.