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The term source or fountain of canon law (fons iuris canonici) may be taken in a twofold sense: a) as the formal cause of the existence of a law, and in this sense of the fontes essendi (Latin: "sources of being") of canon law or lawgivers; b) as the material channel through which laws are handed down and made known, and in this sense the ...
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 1983 Code of Canon Law (abbreviated 1983 CIC from its Latin title Codex Iuris Canonici), also called the Johanno-Pauline Code, [1] [2] is the "fundamental body of ecclesiastical laws for the Latin Church". [3] It is the second and current comprehensive codification of canonical legislation for the Latin Church of the Catholic Church.
The earliest Oriental canon law collections were called nomocanons, which were collections of both canon and civil law. In the early twentieth century, when Eastern Churches began to come back to full communion with the Holy See , Pope Benedict XV created the Sacred Congregation for the Oriental Church in order to preserve the rights and ...
Some authors conceive of canon law as essentially theological and the discipline of canon law as a theological subdiscipline, [19] but Msgr. Carlos José Errázuriz contends that "in a certain sense, all postconciliar canonical scholarship has shown a theological concern in the widest sense, that is, a tendency to determine more clearly the ...
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.
The sources between Eastern Orthodox canon law and civil law are different; the source for civil law is the secular powers (the ruler, the parliament, or the elected legislative body), while Eastern Orthodox canon law is made by the E. O. Church and the source for E. O. canon law is the will of God.
The law of the Decretals does not provide an explicit answer to the question, although the different types of penalties are more clearly distinguished therein. In later law, the Council of Trent (Sess. XXV, c. iii, De ref.) wisely advised bishops that the sword of censures should be used sparingly and with great caution.