The Spirit of Classical Canon Law

The Spirit of Classical Canon Law
Title The Spirit of Classical Canon Law PDF eBook
Author R. H. Helmholz
Publisher University of Georgia Press
Pages 532
Release 2010-05-01
Genre Law
ISBN 0820334634

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---Ecclesiastical Law Review --

The Spirit of Roman Law

The Spirit of Roman Law
Title The Spirit of Roman Law PDF eBook
Author Alan Watson
Publisher University of Georgia Press
Pages 266
Release 2008
Genre Law
ISBN 0820330612

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This book is not about the rules or concepts of Roman law, says Alan Watson, but about the values and approaches, explicit and implicit, of those who made the law. The scope of Watson's concerns encompasses the period from the Twelve Tables, around 451 B.C., to the end of the so-called classical period, around A.D. 235. As he discusses the issues and problems that faced the Roman legal intelligentsia, Watson also holds up Roman law as a clear, although admittedly extreme, example of law's enormous impact on society in light of society's limited input into law. Roman private law has been the most admired and imitated system of private law in the world, but it evolved, Watson argues, as a hobby of gentlemen, albeit a hobby that carried social status. The jurists, the private individuals most responsible for legal development, were first and foremost politicians and (in the Empire) bureaucrats; their engagement with the law was primarily to win the esteem of their peers. The exclusively patrician College of Pontiffs was given a monopoly on interpretation of private law in the mid fifth century B.C. Though the College would lose its exclusivity and monopoly, interpretation of law remained one mark of a Roman gentleman. But only interpretation of the law, not conceptualization or systematization or reform, gave prestige, says Watson. Further, the jurists limited themselves to particular modes of reasoning: no arguments to a ruling could be based on morality, justice, economic welfare, or what was approved elsewhere. No praetor (one of the elected officials who controlled the courts) is famous for introducing reforms, Watson points out, and, in contrast with a nonjurist like Cicero, no jurist theorized about the nature of law. A strong characteristic of Roman law is its relative autonomy, and isolation from the rest of life. Paradoxically, this very autonomy was a key factor in the Reception of Roman Law--the assimilation of the learned Roman law as taught at the universities into the law of the individual territories of Western Europe.

The 1917 Or Pio-Benedictine Code of Canon Law

The 1917 Or Pio-Benedictine Code of Canon Law
Title The 1917 Or Pio-Benedictine Code of Canon Law PDF eBook
Author Catholic Church
Publisher Ignatius Press
Pages 836
Release 2001
Genre Religion
ISBN 9780898708318

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Available for the first time in a comprehensive English translation, this thoroughly annotated but easy-to-use presentation of the classic 1917 Code of Canon Law by canon and civil lawyer Dr. Edward Peters is destined to become the standard reference work on this milestone of Church law. More than just of historical interest, the 1917 Code is an indispensable tool for understanding the current 1983 Code under which the Roman Catholic Church governs itself. Dr. Peters' faithful translation of the original Latin text of 1917, along with his detailed references to such key canonical works as Canon Law Digest and hundreds of English language doctoral dissertations on canon law produced at the world's great Catholic universities, now allows researchers to access directly this great fountain of ecclesiastical legal science. No student of canon law, and indeed, no one with a need to understand modern Church administration, can afford to be without this important volume.

Introduction to Canon Law, Third Edition, An: Revised and Updated

Introduction to Canon Law, Third Edition, An: Revised and Updated
Title Introduction to Canon Law, Third Edition, An: Revised and Updated PDF eBook
Author Coriden, James A.
Publisher Paulist Press
Pages 294
Release 2019
Genre Religion
ISBN 1587688034

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This is a clear, readable introduction to the basic structures and areas of church rules from one of the nation's most respected canonists. It is now revised, considering the most recent changes to church law, including those initiated by Pope Francis.

The Spirit of Japanese Law

The Spirit of Japanese Law
Title The Spirit of Japanese Law PDF eBook
Author John Owen Haley
Publisher University of Georgia Press
Pages 277
Release 2006
Genre Law
ISBN 0820328871

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The Spirit of Japanese Law focuses on the century following the Meiji Constitution, Japan's initial reception of continental European law. As John Owen Haley traces the features of contemporary Japanese law and its principal actors, distinctive patterns emerge. Of these none is more ubiquitous than what he refers to as the law's "communitarian orientation." While most westerners may view judges as Japanese law's least significant actors, Haley argues that they have the last word because their interpretations of constitution and codes define the authority and powers they and others hold. Based on a "sense of society," the judiciary confirms bonds of village, family, and firm, and "abuse of rights" and "good faith" similarly affirms community. The Spirit of Japanese Law concludes with constitutional cases that help explain the endurance of community in contemporary Japan.

The Spirit of Islamic Law

The Spirit of Islamic Law
Title The Spirit of Islamic Law PDF eBook
Author Bernard G. Weiss
Publisher University of Georgia Press
Pages 233
Release 2006
Genre Law
ISBN 0820328278

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Focuses on a Muslim legal science known in Arabic as usul al-fiqh. Whereas the kindred science of fiqh is concerned with the articulation of actual rules of law, this science attempts to elaborate the theoretical and methodological foundations of the law. It outlines the features of Muslim juristic thought.

Bishops, Texts and the Use of Canon Law around 1100

Bishops, Texts and the Use of Canon Law around 1100
Title Bishops, Texts and the Use of Canon Law around 1100 PDF eBook
Author Bruce C. Brasington
Publisher Routledge
Pages 169
Release 2017-05-15
Genre History
ISBN 1351955276

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The essays in this volume in honour of Martin Brett address issues relating to the compilation and transmission of canon law collections, the role of bishops in their dissemination, as well as the interpretation and use of law in the eleventh and twelfth centuries. The studies are grouped thematically under the headings 'Bishops and Their Texts', and 'Texts and the Use of Canon Law'. These reflect important areas of contention in the historiographical literature and hence will further the debates regarding not simply the compilation and dissemination of canonical collections in the earlier middle ages, but also the development of the practical application of canon law within Europe, especially after c.1080. Individually, the contributors offer new viewpoints on key issues and questions relating to the creation of canonical texts, their transmission and use on both sides of the English Channel in the decades either side of the year 1100. Collectively, the essays explore the methods and motives of compilers, assess the use of law, find readers both in the compilation of texts and within their margins, and - perhaps most importantly - speculate where possible about the living communities in which these texts were compiled, copied and used.