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Unformatted text preview: Canon Law of Marriage I. Canon Law Foundations a. Canon law follows Civil law methodology i. inquisitorial method (civil) 1. questions asked by judge; judge is more clearly in charge of the whole process; no stare decisis (judgment affects only the parties) ii. adversarial (common law) 1. judge is like referee between 2 champions; role diminished yet much more social respect in our society; stare decisis applies b. code dominates civil law systems, procedure dominates common law c. Sources of Civil Law i. Roman law 1. Justinian and Corpus Luris Civilis (made up of textbook, opinions of scholars on private matters such as property, K, torts, etc., constitutions- decrees of emperors largely concerning public administration) ii. German law iii. Local customs iv. Opinions of commentators v. Judicial decisions vi. Governmental decrees d. Roman Rota i. Highest court of the Catholic tradition ii. Published in Latin iii. Not binding iv. Judges look to precedent for guidance but by and large go by authoritative commentators and custom BOOK I: GENERAL NORMS Canon 1 The canons of this Code concern only the Latin Church.- Roman Catholic church composed of 22 churches, united under the Pope in Rome- 21 Eastern Churches have a common Code of Eastern Churches Canon 2 For the most part the Code does not define the rites which must b e observed in celebrating liturgical actions. Therefore, liturgical laws in force until now retain their force unless one of them is contrary to the canons of the Code. Canon 9 Laws regard the future, not the past, unless they expressly provide for the past.- exception: expressions of divine law, merely declarative interpretations of the law (that dont impose obligations) are retroactive Canon 10 Only those laws must be considered invalidating or disqualifying which expressly establish that an act is null or that a person is unqualified. Canon 11 Merely ecclesiastical laws bind those who have been baptized in the Catholic Church or received into it, possess the sufficient use of reason, and, unless the law expressly provides otherwise, have completed seven years of age.- to be bound, must be  Catholic (baptized),  possess sufficient use of reason and  be at least 7 years of age, unless something else is specified- sufficient use of reason is that of a 7 year old. Severe mental illnesses and developmental disabilities are examples of those that lack this minimal reasoning capacity....
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- Spring '03