Philosophy, theology, and fundamental picture of Catholic canon law


Jus novum c. 1140-1563

Jus novissimum c. 1563-1918

Jus codicis 1918-present

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Philosophy, theology, & fundamental notion of Catholic canon law

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Pars dynamica trial procedure

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The philosophy, theology, and essential idea of Catholic canon law are the fields of philosophical, theological ecclesiological, and legal scholarship which concern the place of canon law in the style of the Catholic Church, both as a natural and as a supernatural entity. Philosophy and theology line the concepts and self-understanding of canon law as the law of both a human organization and as a supernatural entity, since the Catholic Church believes that Jesus Christ instituted the church by direct divine command, while the necessary theory of canon law is a meta-discipline of the "triple relationship between theology, philosophy, and canon law".

Fundamental theory of canon law


The fundamental theory of canon law is a discipline covering the basis of canon law in the very nature of the church. Fundamental theory is a newer discipline that takes as is thing "the existence and nature of what is juridical in the Church of Jesus Christ." The discipline seeks to supply a theoretical basis for the coexistence and complementarity of canon law and the Catholic Church, and it seeks to refute the "canonical antijuridicism" the belief that law of the church constitutes a contradiction in terms; that law and church are radically incompatible of the various heretical movements and of the Protestant Reformation on the one hand, and on the other, the antijuridicism deriving from a belief that any law is identifiable with the law of the state; that in cut to be true law, the state must be its maker. The discipline seeks to better explain the nature of law in the church and engages in theological discussions in post-conciliar Catholicism and seeks to combat "postconciliar antijuridicism".