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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 ...
This is the outline of the seven books of the 1983 Code of Canon Law. Book I. General Norms (Cann. 1–203) Explains the general application of laws. Book II. The People of God (Cann. 204–746) Goes into the rights and obligations of laypeople and clergy, and outlines the hierarchical organization of the Church. Book III.
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 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.
He has long been acclaimed as Pater Juris Canonici (Latin: "Father of Canon Law"), a title he shares with his successor St. Raymond of Penyafort. Gratian was the father and the first teacher of the scientia nova which he himself coined: the new canon law or ius novum. Many of his disciples have become highly renowned canonists.
The Code of Canon Law: A Text and Commentary. New York: Paulist Press, 1985. Commissioned by the Canon Law Society of America. John J. Coughlin. Canon Law: A Comparative Study with Anglo-American Legal Theory. Oxford: Oxford University Press, 2010. Fernando Della Rocca. Manual of Canon Law. Trans. by Anselm Thatcher.
In natural law jurisprudence, determinatio is the process of making natural law into positive law. [4] In Catholic canon law, determinatio is the act by which natural law or divine positive law is made determinate in the canonical legal system as specific norms of law, [2] although the content of such law is still essentially that of divine law ...
The use of the interpretive meaning foreseen by the Code of Canon Law in can. 17, beginning with "the proper meaning of the words considered in their text and context", is no longer a mere logical exercise.