General Flashcards
What is canon law?
The internal legal system of the Church.
What is the definition of law?
An ordinance of reason for the common good, made by him who has care for the community and promulgated.
With what does canon law deal?
Just about every aspect of life in the Church, mostly internal matters, but also some civil matters.
What are the sources of canon law?
Divine law - Sacred Tradition & Sacred Scripture; Natural Law; beliefs, teachings & theology of the Church; Roman Law; Germanic Law; Customs & traditions; some incorporation of civil law.
NOTE: canon law is not entirely just any of these
What are some of the objections to canon law?
Anti-nomianism, Social Contract, Legal Positivism, protestant objections and from within the Church: variations of the above; legalism; viewing CIC as extra; since it’s not infallible who cares; equating canon law with civil law
How is canon law at the service of the “communio” of the Church?
Law doesn’t make you holy but creates those conditions within which you can become holy. Theology in action. Because we believe X we will do Y. Cannot separate the two. JP2 - certain rules and norms of behavior.
What is civil law?
AKA continental law and is derived from Roman law, usually codified law.
What is common law?
Derived from British law and from Roman/Germanic law.
What are the two systems of law in the US?
The US adheres to two systems - civil and common law.
How are canon and civil law different in their view of their ends?
American civil law’s ends is to order society. Canon Law’s ends is to order society in order that holiness/salvation can be achieved
How do civil and canon law differ in their view of rights and duties?
In civil law we say that we have a right and you have a duty. In canon law we say I have a right because I have a duty.
How do civil and canon law differ in the supremacy of the legislative and judicial branches?
In civil law, the judicial is supreme and in canon law the legislative is.
How do civil and canon law treat stare decisis differently?
In American civil law cases are determined based on precedence. In canon law, cases are determined by the Code on a case by case basis.
