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Books > Law > Other areas of law > Ecclesiastical (canon) law
The Great Canon has been described as one of the jewels of
Orthodoxy's ascetic spirituality. In the first week of Lent, during
Great Compline, it is sung and declaimed in portions; on Thursday
of the fifth week, during Matins, in its entirety. Throughout,
accompanied by bows or prostrations, the refrain is: Have mercy on
me, O God, have mercy on me. This short, yet full, essay by Olivier
Clement serves as an enriching commentary and guide for reading The
Great Canon of St Andrew of Crete. The author begins the journey
with a study of the meaning of "awakening" and "the fear of God"
the stepping stones toward true repentance. He then follows the
Canon's path of identifying our fallen nature, the passions,
Christ's liberation from sin and death, humility, and asceticism,
and ends with a comparison between the shedding of tears and the
holy chrism of baptism. Clement ultimately encourages us to see
repentance as the key to being fully alive-and The Great Canon as
our roadmap toward becoming alive in Christ. A translation of the
Great Canon accompanies the text.
The term nakikh wa mansukh, usually translated as 'abrogation',
relates to theories arising from the early exegesis of the Qur'an,
in an attempt to resolve apparent contradictions in the Qur'anic
text between different statements, especially those bearing on
regulations. In such cases, verses later in date are held to modify
or even suspend earlier verses. The same principle was applied to
contradictions between Traditions forming the basis of the Sunnah.
In the lifetime of the author of this volume the question of which
should 'abrogate' the other, in the event of conflict between
Qur'an and tradition, had already arisen. Abu 'Ubaid's book
represents the oldest yet recovered systematic application of
'abrogation' theories to both Qur'an and Sunnah when there is
perceived to be a conflict between them. Best known for his work on
taxation, the Kitab al-Amwal, Abu 'Ubaid (ca. 154/770224/838) was
born at Herat but resided at various centres in the Abbasid Empire;
he was a scholar of note in the area of theological, legal and
philosophical studies. His book, which antedates the
crystallization of the Schools of Fiqh and presents a view of the
relation between the Qur'an and Sunnah diverging from that of
Shafi'i, is of relevance to studies of the Qur'an and the
formulation of Islamic jurisprudence. This edition presents the
Arabic text with introductory essay and notes in English.
Der Band thematisiert die Zusammenhange zwischen "Drittem" Weg und
Kirchlichem Arbeitsgerichtshof in ihrer gegenseitigen Abhangigkeit
und Entstehung. Die Kirchen eroeffneten fur die kollektivrechtliche
Ordnung der Arbeitgeber-Arbeitnehmer-Beziehungen einen eigenen Weg.
Was bedeutet dieser "Dritte" Weg fur die Kirchen bei der
Ausgestaltung des kollektiven Arbeitsrechts? Um diese Frage zu
beantworten, berucksichtigt der Autor die aktuelle deutsche und
europaische Rechtsprechung. Ferner beschreibt er die Herausbildung
und den Aufbau einer kircheneigenen Gerichtsbarkeit. Das Buch
zeigt, welche Chancen der "Dritte" Weg fur das kirchliche
Arbeitsrecht eroeffnet. Dass dies nur in einem engen Miteinander
zwischen kirchlichen Arbeitgebern und Arbeitnehmern geschehen kann,
ist die UEberzeugung des Autors.
With the promulgation of the motu proprio Mitis iudex Dominus Iesus
for the Latin Church and the motu proprio Mitis et misericors Iesus
for the Eastern Catholic Churches, both dated August 15, 2015, Pope
Francis addressed the calls during the Third Extraordinary General
Assembly of the Synod of Bishops (October 5-19, 2014) for a
simplified procedure for the declaration of the nullity of
marriages. Pope Francis introduced a briefer process to be
conducted by the diocesan bishop and he simplified the current
ordinary nullity process. The new procedural norms went into effect
on December 8, 2015. New legislation always challenges first and
foremost the practitioner: how is the new legislation to be
understood and applied? Immediately after the new law was made
public, a number of articles on this new legislation were published
in The Jurist. The School of Canon Law of The Catholic University
of America organized a March 2016 Workshop on the very topic of
this important procedural reform. These articles are now brought
together in one volume to assist those who work with these norms in
the various tribunals dealing with marriage cases. It is hoped that
this volume will be of great service to all those who serve the
people of God in the ministry of justice, and that these
contributions will truly be a help in understanding and applying
the new norms.
Ausgangspunkt dieses Buches ist die seit Jahrzehnten im
oeffentlichen Sachenrecht umstrittene Frage, ob eine Widmung
dingliche Rechtsfolgen ausloest. Trotz der gegenlaufigen
Entscheidung im Hamburger Stadtsiegelfall sind in der
Rechtsprechung im Falle widmungswidriger Nutzung einer
oeffentlichen Sache Stoerungsbeseitigungsanspruche fur den
oeffentlichen Sachherrn anerkannt worden, die gesetzlich nicht
geregelt sind. Hier setzt der Autor an. Er untersucht, ob und
welche Sicherungsmoeglichkeiten fur die diversen oeffentlichen
Sachen nach oeffentlichem (Sachen-)Recht bestehen. Das Strassen-
und Wasserrecht stellt gesetzliche Grundlagen fur
Sicherungsinstrumente bereit. Im UEbrigen hat eine Widmung keine
sachenrechtliche Wirkung. Insbesondere scheidet Gewohnheitsrecht
als Grundlage von Sicherungsinstrumenten aus.
The sexual abuse of children and teens by rogue priests in the U.S.
Catholic Church is a heinous crime, and those who pray for a
religious community as its ministers, priests and rabbis should
never tolerate those who prey on that community. The legal disputes
of recent years have produced many scandalous headlines and fuelled
public discussion about the sexual abuse crisis within the clergy,
a crisis that has cost the U.S. Catholic Church over $3 billion. In
The Clergy Sex Abuse Crisis and the Legal Responses, two eminent
experts, James O'Reilly and Margaret Chalmers, draw on the lessons
of recent years to discern the interplay between civil damages law
and global church-based canon law. In some countries civil and
canon law, although autonomous systems of law, both form part of
the church's legal duties. In the United States, freedom of
religion issues have complicated how the state adjudicates both
cases of abuse and who can be held responsible for clerical
oversight. This book examines questions of civil and criminal
liability, issues of respondeat superior and oversight, issues with
statutes of limitations and dealing with allegations that occurred
decades ago, and how the Church's internal judicial processes
interact or clash with the civil pursuit of these cases.
CUA Press is proud to announce the CUA Studies in Canon Law. In
conjunction with the School of Canon Law of the Catholic University
of America, we are making available, both digitally and in print,
more than 400 canon law dissertations from the 1920s to 1960s, many
of which have long been unavailable. These volumes are rich in
historical content, yet remain relevant to canon lawyers today.
Topics covered include such issues as abortion, excommunication,
and infertility. Several studies are devoted to marriage and the
annulment process; the acquiring and disposal of church property,
including the union of parishes; the role and function of priests,
vicars general, bishops, and cardinals; and juridical procedures
within the church. For those who seek to understand current
ecclesial practices in light of established canon law, these books
will be an invaluable resource.
CUA Press is proud to announce the CUA Studies in Canon Law. In
conjunction with the School of Canon Law of the Catholic University
of America, we are making available, both digitally and in print,
more than 400 canon law dissertations from the 1920s to 1960s, many
of which have long been unavailable. These volumes are rich in
historical content, yet remain relevant to canon lawyers today.
Topics covered include such issues as abortion, excommunication,
and infertility. Several studies are devoted to marriage and the
annulment process; the acquiring and disposal of church property,
including the union of parishes; the role and function of priests,
vicars general, bishops, and cardinals; and juridical procedures
within the church. For those who seek to understand current
ecclesial practices in light of established canon law, these books
will be an invaluable resource.
CUA Press is proud to announce the CUA Studies in Canon Law. In
conjunction with the School of Canon Law of the Catholic University
of America, we are making available, both digitally and in print,
more than 400 canon law dissertations from the 1920s to 1960s, many
of which have long been unavailable. These volumes are rich in
historical content, yet remain relevant to canon lawyers today.
Topics covered include such issues as abortion, excommunication,
and infertility. Several studies are devoted to marriage and the
annulment process; the acquiring and disposal of church property,
including the union of parishes; the role and function of priests,
vicars general, bishops, and cardinals; and juridical procedures
within the church. For those who seek to understand current
ecclesial practices in light of established canon law, these books
will be an invaluable resource.
CUA Press is proud to announce the CUA Studies in Canon Law. In
conjunction with the School of Canon Law of the Catholic University
of America, we are making available, both digitally and in print,
more than 400 canon law dissertations from the 1920s to 1960s, many
of which have long been unavailable. These volumes are rich in
historical content, yet remain relevant to canon lawyers today.
Topics covered include such issues as abortion, excommunication,
and infertility. Several studies are devoted to marriage and the
annulment process; the acquiring and disposal of church property,
including the union of parishes; the role and function of priests,
vicars general, bishops, and cardinals; and juridical procedures
within the church. For those who seek to understand current
ecclesial practices in light of established canon law, these books
will be an invaluable resource.
Religion, Law, and the Present Water Crisis documents current and
impending global water shortages and opposes policies of
commodification and privatization of water ownership by
multinational water corporations. On the basis of the religions of
the world, Richard A. Hughes appeals to pure, running water as a
symbol of the sacred. Furthermore, he argues that all bodies of
freshwater are commons and that they should be protected by the
public trust doctrine. In addition, he contends that there is a
right to water and that this right is independent, free-standing,
and the prerequisite of other human rights, applying to all states
and occupied territories. The increasing acidification of the
oceans makes it mandatory to protect them under the reserved water
right doctrine and to designate them as "national parks" of the
seas. More generally, this book presents a synthesis of water
studies and encompasses the religions of the world, theologies of
baptism, American water law doctrines, public trust doctrine with
special attention to Islamic water law, and international water law
treaties. Clean water is a necessity of life. Therefore, it is
compelling to recognize the urgency of water scarcity and the need
to guarantee the purity of and accessibility to water for all
people.
Canon Law, Religion, and Politics extends and honours the work of
the distinguished historian Robert Somerville, a pre-eminent expert
on medieval church councils, law, and papal history. Reflecting the
focus but also the range of Somerville's studies in medieval canon
law in the era before Gratian and later, the essays explore the
transmission of canonical and theological texts--in particular
regarding the Eucharist--as well as the significance of the texts
and their complex manuscript traditions. Several essays examine
texts in their practical context, highlighting the effects of canon
law on religious institutions such as monasteries and the practices
at law courts of medieval western Europe. Four studies dealing with
the ius commune--the conjunction of canon and Roman law in daily
practice, a topic of general and perennial interest--show once
again how our understanding of canonistic and civilian legal
developments in medieval and late medieval religious and
intellectual history is evolving with greater precision when
assumptions and generalities are analysed in the light of
manuscript sources. The pioneering influence of Somerville and his
colleagues is evident in all of the essays. They broaden current
understanding of the place of law and theology in a crucial period
of history, the eleventh to the thirteenth centuries. This work is
written in honour of Robert Somerville, professor of history and
Ada Byron Bampton Tremaine Professor of Religion at Columbia
University. His scholarly honours are legion, including a
fellowship in the Medieval Academy of America and the Commission
Internationale de Diplomatique. He is a corresponding member of the
Monumenta Germaniae Historica in Munich as well as the Bavarian
Academy of Sciences. He has received numerous awards including two
John Simon Guggenheim Memorial Fellowships. He is the author of
numerous books and articles.
Law, Person, and Community: Philosophical, Theological, and
Comparative Perspectives on Canon Law takes up the fundamental
question "What is law?" through a comparative study of canon law
and secular legal theory. Canon law is analogous to the concept of
law described by secular theorists such as Austin, Kelsen, Holmes,
and H. L. A. Hart. Consistent with the secular concept, canon law
aims to set a societal order that harmonizes the interests of
individuals and communities, secures peace, guarantees freedom, and
establishes justice. At the same time, canon law reflects a claim
about the spiritual end of the human person and religious nature of
community. The comparison of one of the world's ancient systems of
religious law with contemporary conceptions of law rooted in
secular theory raises questions about the law's power to bind
individuals and communities. For example, to what extent, does each
of the approaches to law reflect the theory of Austin which
understands law as a command given by the sovereign and backed by
the coercive power of the state? Or, as H. L. A. Hart suggested,
does law require an additional internal meaning that carries the
power to bind? If internal meaning is a necessary constituent to
law, how might religious and secular conceptions of it differ? In
addition to these questions, Law, Person, and Community asks the
fundamental question "What is law?" through a comparative study of
canon law and secular legal theory. This book also includes
comparative consideration of the failure of canon law to address
the clergy sexual abuse crisis, the canon law of marriage,
administrative law, the rule of law, and equity. Professor John J.
Coughlin employs comparative methodology in an attempt to reveal
and contrast the concepts of the human person reflected in both
canon law and secular legal theory.
"The Bible is not an infallible Book, in the sense in which it is
popularly supposed to be infallible. When we study the history of
the several books, (the history of the canon, the history of the
distribution and reproduction of the manuscript copies, and the
history of the versions, when we discover that the 'various
readings' of the differing manuscripts amount to one hundred and
fifty thousand, the impossibility of maintaining the verbal
inerrancy of the Bible becomes evident. We see how human ignorance
and error have been suffered to mingle with this stream of living
water throughout all its course; if our assurance of salvation were
made to depend upon our knowledge that every word of the Bible was
of divine origin, our hopes of eternal life would be altogether
insecure." Newly designed and typeset in a modern 6-by-9-inch
format by Waking Lion Press.
The Collection of Anselm of Lucca (1081-1083), which was named by
Cardinal Alphons M. Stickler 'the best Gregorian work' comprises
papal letters, conciliar canons, patristic material and Roman law
texts. The text analysis of twelfth century manuscripts has been
improved by the understanding of the origin of this collection's
recensions, which constituted the instruction at the cathedral
school. Prof. Manlio Bellomo's opinion looks upon the traditional
idea of the 'intact literary work' as an exploded idea with regard
to the written works of the university instruction system. This
opinion can also be affirmed regarding Anselm's Collection.
Judas, el medio hermano de Jesus, recibe la gran revelacion de
Dios, entre la misericordia de Dios -Su Eleos- en contraste con el
Charis o gracia del Senor y nos muestra como El Espritu Santo de
Dios muestra estos atributos Divinos.
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