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The Institution Of Marriage In Canon Law

Posted on:2010-03-02Degree:MasterType:Thesis
Country:ChinaCandidate:X ZhouFull Text:PDF
GTID:2166360275960611Subject:Legal history
Abstract/Summary:PDF Full Text Request
Germans destroyed the Western Roman Empire on the stage of human history, the Middle Ages in Europe, politics, civilization, science and technology has entered a slow development times. The European continent during this period, the feudal rule of war-prone, there is no birth of a powerful unified secular regime. Political power and political institutions of social control period compared to a serious setback for the Roman Empire, and even a civilized society to a minimum. Civilized society and the development process a large extent driven by the Church of Christ, the people living in the most essential part of the most important from the church to control and regulation. The family is the most basic cell of society, marriage is vital to the composition of the family link. Church of the regulation of marriage, you can influence and control the lives of the aristocracy and political behavior, to achieve the purpose of leading secular regime, but also the people can be guided by the teachings and spirit of control. Church of the institution of marriage is an important part of the church and the marriage of theory, through a long period of development, the ultimate marriage of modern Europe had a major impact theory. China's Marriage Law of the academic community of the Church to take the major case studies in the social context of marriage to the church to resolve the phenomenon of research methods. At present, the main concern of the academic community is the church marriage ethical values in society, such as loyalty and responsibility, the church of the aristocracy through marriage to meet the norms of the secular regime of control, thinking of the Church on marriage and the contradictory nature of. This paper analyzes the early Christian theory of the ideological source of marriage, and presented the Church's understanding of the nature of marriage. Time to explore for clues to the development of the Church and the evolution of the institution of marriage.The first part of the main thesis of Jurists of the Church's understanding of the nature of marriage. Church of Christ of the ideological sources of asceticism and church sacrament of marriage established in the course of the final. Essenes Judaism faction in the asceticism of early Christian thinking has been absorbed, becoming one of Christian fundamentalists. The basic spirit of Christian theological thinking and has been the impact of Greek mysticism. The doctrine of Epicurus, the new Plato and the Stoic doctrine in theory, refining and formulation, the establishment of the Body and Soul Christian philosophy of duality. Philosophy of the three factions of the theory has become the principles of Christian asceticism source thinking. Church of Christ was extreme asceticism insisted, not only requires abstinence clergy, also called for strict adherence to the general public, leading to asceticism and secular life of the contradictions of the public. Augustine believes that ordinary people's instinctive desire for the sacrament of marriage should be the guidance and regulation. In order to solve the contradictions and the fundamental social phenomena of marriage into the Church's administration. At this point, the masses of ordinary Christian would have a mandatory requirement into the advocacy of abstinence and encourage abstinence. Only clergy of the Church demanding abstinence. Christian marriage will be included in the management of their marriage became a Catholic, one of the seven sacraments. The combination between the husband and wife and up to God and the church on behalf of a high degree of integration between.The main thesis of the second part of the medieval form of marriage and marital obstacles. The social customs of the Roman Empire did not fall as the Western Roman Empire and the demise of. Germanic Roman Empire will be a lot of practice into communities of their own. The formation of the Middle Ages in marriage there are two main theoretical point of view. One is the use of the provisions of Roman law, that consent constitutes the only condition of marriage. In authority over marriage, the meaning of the consent of the parties and the two sides expressed the need for parents to make joint; no authority over marriage, as long as both parties agreed that the meaning of marriage to be established. Another popular theory is that having agreed to the wishes of not enough to set up a marriage, must also be combined with sex, there is no combination of the marriage the marriage is incomplete and therefore invalid. Church of Christ on the formation of marriage in the Roman law theory and similar to, but in canon law, the consent of the meaning that can only be made by the parties to the marriage. In this section, detailed information on the medieval Church of Christ in the whole process of the wedding ceremony. In order to maximize the avoidance of unlawful marriage, Christian marriage would set a number of obstacles. Church concerned about incest which is an important issue, the church of "relative" meaning the expansion, making barriers to incest and the marriage of the medieval practice of secular society have taken place in strong conflict. The Church's position has always been a firm, not the incest secular society to make concessions and compromise.The third part of paper deals with the dissolution of marriage and divorce. In this section first describes the social impact of the more secular of the three laws and traditions. Roman law stipulates that the right to marriage in the husband, the husband the right to enjoy her husband or his parents and daughter-in-law one-sided repudiation. Cardiff in the absence of the right to marriage, the couple can divorce, but also can be divorced unilaterally by one party; ancient Hebrew law does not prohibit divorce, but divorce is the exclusive prerogative of men; in Germanic customary law, is binding the nature of marriage, once the termination of sexual relations, marriage can be lifted. Insisted that the Church of Christ, the marriage is lawful can not be dispelled. Even his wife betrayed her husband after marriage, the marriage caused by the "lifting." Church to the "lifting" is defined as separation, as well as the termination of the marital relationship, marriage continues to exist, the parties can not remarry. The Church can not insist on the lifting of legal marriage, a host of reasons. Which are two main reasons: One is the Church of Christ in the basic teachings of asceticism, so that the church that is not acceptable religious remarriage crime, remarriage is a necessary precondition for the. lifting of the marriage; the second reason is that the Church itself as "the Bible" the implementation of the managers, since marriage is a God and with humanity, then the marriage is not dissolved, the maintenance of this principle is also the maintenance of their authority.
Keywords/Search Tags:Middle Ages, Church of Chris, secular society, marriage
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