The Concept Of Canon Law

The concept of Canon Law

What we must know first is: What is canon law? We can say that it tells us or tells us that it belongs to the Catholic Church that has two ways of religious and political institutions that its own right has, it has a universal religious community we can also talk about the political and legal aspect that tells us that it is from aemancipated society that means free, autonomous or perfect. About canon law is according to the canonist Ferreres: "The set of laws given by God or also by the ecclesiastical power which is ordered as the Constitution, regime and discipline of the Catholic Church" on the other hand we have the opinion of Sehling theunderstands that "the set of legal norms dictated for the good regime of the Church".

Characteristics of Canon Law:

• Universality: Management to a large number of people throughout the land.
• Unit: Catholic Church can be differentiated from different aspects.
• Variety: particular and general canon law.
• Fullness: sense of limitation.
• Elasticity: elastic standards.

Canon Law Sources:

1. The laws: The first thing we will see will be the laws, any type of norm is considered, it will not be considered as custom, about the canonical system we find in canons 7 to 22 in the canonical code.
2. The general decrees: this will have the executive power we will see in the scope of what we are related to the canon law, a society capable of the taxable subject of a law that comes from the laws and the provisions govern the relative canons.

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3. The executive decrees: we talk about the executive decrees are those that cannot be contrary to the laws, decrees that are normally as a regulation, cannot go against the law and must be respected.
4. The instructions: there is talk of the rules that those who comply with the laws, it can be said that this will be addressed to the officials and those who want to see the laws to be fulfilled.
5. The Statutes: are considered established norms for foundations and corporations that are regulated in the Constitution and the way of how they act, these statutes force people who are part of the foundations or corporations, Canon 94 will be responsible for regulating.

To conclude with this little definition about canon law, it is importantMaximum such as: the Pope and the Episcopal College, the different fragments of the people of God can be manifested to know a great elasticity and an adaptation of the various circumstances.

Its essential scope of abundance of competence, there is no related element of the end of the Church that cannot give legal and emancipation solution, it will not depend on a supreme system. Canon law wants to base that the most important right of children is being educated. Since the first power of the State is the family. If we know that the law is the clear division of goods, in canon law each person must receive these assets. In this case the Word of God and the Sacraments.

The religion course offers an explanation of the moral contents and values of the Catholic religion, as well as a good understanding of life related to religion knowing the influence of Christianity. The rights of each person and communities must also be recognized in the ecclesiastical community;In this way, the Church will be a model of justice for society. Canon law occupies a very leading place that is verified throughout the books of the Code and in other legislative texts. As religion is an undeniable social fact, it must be identified, studied and evaluated.

Canon Law Schools

1. Exegetical school

To be able to understand what exegetic school is based first we will talk about the Greek term exegesis.

– What is and why it is important?

• As for its Greek origin, it is a word that seeks to know, criticize, explain, correct and interpret some religious text.
• In this case it was used to interpret and understand the Old Testament, the Quran, among other old sacred texts that needed to be explained.
• In that is why exegesis is a valuable term to lead us to the understanding of religious arguments.
• This term has a relationship with the word hermeneutics;science that indicates the rules that the exegete must take into account to be able to interpret a book or text.
• Exegesis seeks the understanding of a document, such as its origin, content and purpose.

With this explanation we will rely on the concept of exegetical school:

• The exegetic school arises after the Napoleon Code and has as a history of Montesquieu and Rosseau in the separation of the Legislative and Judicial Power.
• The methods they used in this school were the analytical and synthetic to discover the intention of the legislator;Likewise, the observation of social reality and the analysis of the Civil Code in which they were embodied by the legislator.
• This institution has a predominant and pragmatic vision of law, where its fundamental objective is the vision of the legal order.
• The exegetical school was formed by French civilians and influenced the system of law and subject linked to law, considers that the interpretation of the law only corresponds to the legislator, since no one can correspond to such position and to know how to execute and interpret said saidfinished.

In a nutshell, the concept is encompassed that the legislator was almost considered as a legal deity;Then, as a conclusion, the subject can be finalized knowing that exegetic school and the Greek term exegesis has been of great importance for centuries and until now, since they have been of greater requirement to lead religious life in a legal frameworkand institutional.

two. Italian or official dogmatic school

The theory of the dogmatic school, is born based on a need for a structure, a criterion based on the unit for canon law, which is not just a system of norms with influence on legal issues, it is an order and thatIt is legal based on its influence on society. After the exegetical school, the Italian dogmatic school corresponded to the work and the merit of making the Canon Law known, as a structured ordering of a set of norms, exceeding the lack of unitary structure and the lack of connection with the restof the legal disciplines, defects of the exegetical school, through a structured systematic construction of the law. I had a legal conjecture and order applied to the Church, a very precarious positivist and normative ideology. Because of this, a third school of canonical law would arise. The dogmatic school requires that law is a norm that serves as behavior and that pear as individual behavior in society, fulfilling a social instrument function. The norm serves to order and organize social norms.

Unlike the exegetical school that recognizes the legal nature of canon law, but does not reduce it to a structured unit. For the dogmatic school, the systems of canonical legal norms come from man and thanks to him they are affected. The dogmita school provided the canon law of a unitary structure, but if there are some weak point of this serious school, its approach to the human, leaving aside the divine influence, leaving it aside. The main idea of the dogmatic school would be to unite the ideas of custom and progress, and to demand the pro -activity required by the norms of canon law, which give the ethical, legal value, to the order of the Church.

Bibliography

1. – Lombardía, Pedro (2005) General Canon Law
2. – Canon law and the possibility of its study (Luis Prieto Sanchis)
3. – Canon Law Prof. AND.Sehling (Second Edition) Labor Collection
4. – Canon law. (2012, January 23). Retrieved October 14, 2019, from https: // www.Edukatives.com/Notes/Archives/2250
5. – Elements of Canon Law. (s.F.). Retrieved October 14, 2019, from https: // dadun.one V.EDU/BITSTREAM/10171/50421/1/20236-62688-1-PB.PDF