Of Development Of Western Canon Law And Its Impact On Secular Law

The object of this dissertation is the evolution of the Western canon law and its impact on secular law, and the text of the Canon Law of 1983. The evolution of canon law is divided into five stages: ancient age, Early Middle Ages, High Middle Ages, the age of Reformation, secular age. The first four stages of this dissertation begin with an introduction of political and social background of each age, combing the development of canon law and its characteristics. In the chapter of modern canon law, this dissertation focuses on the analysis of text to show the interaction between canon law and secular society. The Annex is a review of some important canonists.ChapterⅠintroduces the development of the ancient church. As the church gained the support of Constantine the Great, it developed a close relationship with the Roman Empire. Based on a reading of the text of the Bible, this chapter describes the sources of law in ancient church, and how it became a "law of love". With the transformation of church organizations, 4th century saw a dramatic change of canon law. At the end of 4th century, canon law became legalistic, and not simply focused on the love of God and neighbor. Canon law began to rise, it was not only for Christians, but acted as an important element in religious life, it is itself an autonomous legal system, a supplement to the Roman law.ChapterⅡbegins with an introduction with the medieval church, especially the ages of growth. It describes the history of the compilation of the major synods form 4th to 11th century, the Reform of the church in 11th century, and the theory of equity and punishment. At this point, canon law was only a set of fragmented norms. Compilations of canon law include canons of synods, papal decrees and the writings of church fathers. They did not reflect any jurisprudence, because they were born in a world without jurists.ChapterⅢdescribes the process of the evolution of canon law from an ideology to a powerful structural element of the Christian community. This process is divided into six parts: Gratian and law schools in the classical period; the age of decretist; the age of decretalists; common law in medieval Europe; the organization and jurisdiction of ecclesiastical courts; medieval origins of the legal profession. It ages was the golden age of canon law, the system of hierarchy mature and became the most important medieval guilds. With Gratian’s Decretist, canon law earned its independence, not subordinate to the theology. Canonists became the first professional group in the strict sense. Lawyers not only taught in the universities, made efforts to provide their clients with services, but also gained social status and influence to play an active role in all areas of society.ChapterⅣintroduces the legal thought of Martin Luther and John Calvin, and the impact of Reformation on canon law. Protestant reformers denied canon law as a symbol of papal power. Lutherans developed their own understanding of freedom and equality. Calvin’s attitudes on the church changed greatly. Later, he largely restored the traditional authority of the ecclesiastical courts. As a result of Reformation, canon law was repealed in many areas. However, the fate of canon law in England was unique.ChapterⅤdescribes the influence of medieval canon law on Western legal thought and system, such as the impact of natural law, property rights and equity, the impact of medieval canon law on Western private and public life, and the abolition of judicial ordeals and the rise of the jury.In the field of private law, canon law exerted a comprehensive influence on the whole society. Canon law concerned not only priests and believers. Medieval canon law and civil law developed a close symbiotic relationship. In the field of constitutional theory, the most significant medieval theme of the argument was the definitions of proper relationships between the powers of rulers and the rights of society, which resulted in the development of corporate theory. Canonists used corporate theory to analyze and solve the legal issues within the organization and its structure. Canon 18 issued by Fourth Lateran Ecumenical Council decree declared the abolition of judicial ordeals, which led to rationalization of the common law and civil law. It provided a chance for the rise of the jury system. This case proves Taylor’s proposition: "The developments of Christianity create the conditions for the secular."ChapterⅥbegins with an introduction of the coming of secular age, and the the ideological background of Second Vatican Council. Based on the text of 1983 canon law, the content of first five chapters, Chapter VI describes in detail the content of modern canon law, including hierarchical constitution of the church, sources of canon law, criminal law, private law, marriage law, procedures, and finally summarizes the main features of today’s canon law. First, the Church hierarchy is a combination of Christian faith and modern bureaucracy. Second, the jurisdiction of the Catholic Church, including spiritual things and cases related with spiritual things, cases concerning violation of canon law, and cases involving the penalty of canon law. Third, the penalty is based on the Catholic identity of believers. Fourth, there is a intersection between canon law and civil law, in most civil cases, secular law is applicable in ecclesiastical courts. Fifth, marriage law of canon law is based on the identity of the believers. Sixth, canon law shares many common features with civil law in procedural field.The Annex is a review of some important canonists, focusing on the Pope Innocent III, Innocent IV, Suarez and Grotius.This dissertation not only concerns about the specific systems in canon law, but also explores the ideal origins of the evolution of canon law, and its political and social background. This dissertation concludes with the conclusion as below. In the evolution of canon law, there are three vital factors: the relations between church and state, society; the ideals of church; the attitudes of church on the relationship between man and God.