The notion of canonical jurisprudence and its application to the tribunal of the Roman Rota and causes of nullity of marriage
Canonical jurisprudence, in the strict sense, is what arises from an ensemble of concordant judicial decisions on a particular matter. Typically, therefore, neither an individual decision nor the decisions of an individual judge nor the most recent decision(s) create jurisprudence. Rather, this happ...
| Main Author: | |
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| Format: | Electronic/Print Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
School of Canon Law, The Catholic University of America
[2016]
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| In: |
The jurist
Year: 2016, Volume: 76, Issue: 1, Pages: 197-229 |
| Standardized Subjects / Keyword chains: | B
Canon law
/ Jurisprudence
/ Catholic church, Rota Romana
/ Marriage law
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| IxTheo Classification: | KDB Roman Catholic Church NCF Sexual ethics RB Church office; congregation SB Catholic Church law XA Law |
| Further subjects: | B
Eheannullierung
B Catholic church Rota Romana B Marriage process B Catholic church Codex iuris canonici 1983. can. 1444 |
| Online Access: |
Volltext (doi) |
| Summary: | Canonical jurisprudence, in the strict sense, is what arises from an ensemble of concordant judicial decisions on a particular matter. Typically, therefore, neither an individual decision nor the decisions of an individual judge nor the most recent decision(s) create jurisprudence. Rather, this happens over the course of time through the activity of diverse judges operating according to consistent principles of juridical logic. In the Church, as regards the matter of the nullity of marriage, the jurisprudential authority is the Tribunal of the Roman Rota, whose rich patrimony promotes a unity of jurisprudence. The ordinary pontifical Magisterium directs this jurisprudence, and the vigilance of the Apostolic Signatura promotes it. Local jurisprudence in this area may not justly diverge from Rotal jurisprudence but receives and applies it to local situations. |
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| ISSN: | 0022-6858 |
| Contains: | Enthalten in: The jurist
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| Persistent identifiers: | DOI: 10.1353/jur.2016.0009 |