FREE BOOKS

Author's List




PREV.   NEXT  
|<   281   282   283   284   285   286   287   288   289   290   291   292   293   294   295   296   297   298   299   300   301   302   303   304   305  
306   307   308   309   310   311   312   313   314   315   316   317   318   319   320   321   322   323   324   325   326   327   328   329   330   >>   >|  
as an epoch of trouble: the great Schism of the West, the profound divisions which were its result, the abuses which were to issue in the Reformation, were conditions little favourable for a reorganization of the ecclesiastical laws. Thus we are brought to the third period. 3. _After the Council of Trent._--The numerous important decrees made by the council of Trent, in the second part of its sessions, called _de reformatione_, are the starting-point of the canon law in its latest stage, _jus novissimum_; it is this which is still in force in the Roman Church. It has in no way undermined the official status of the _Corpus juris_; but it has completed the legislation of the latter in many important respects, and in some cases reformed it. Final state of the law. The law during this period, as abstracted from the texts and compilations, suggests the following remarks. The laws are formulated in general terms, and the decisions in particular cases relegated to the sphere of jurisprudence; and the canonists have definitely lost the function which fell to them in the 12th and 13th centuries: they receive the law on authority and no longer have to deduce it from the texts. The legislative power is powerfully centralized in the hands of the pope: since the reforming decrees of the council of Trent it is the pontifical constitutions alone which have made the common law; the ecumenical council, doubtless, has not lost its power, but none were held until that of the Vatican (1870), and this latter was unable to occupy itself with matters of discipline. Hence the separation, increasingly marked, between the common law and the local laws, which cannot derogate from the common law except by concession of the Holy See, or by right of a lawfully authorized custom. This centralization, in its turn, has greatly increased the tendency towards unity and uniformity, which have reached in the present practice of the Roman Church a degree never known before, and considered by some to be excessive. Dispersion of the texts. If we now consider the laws in themselves, we shall find that the dispersed condition of the legislative documents has not been modified since the closure of the _Corpus juris_; on the contrary the enormous number of pontifical constitutions, and of decrees emanating from the Roman Congregations, has greatly aggravated the situation; moreover, the attempts which have been made to resume the interrupted pro
PREV.   NEXT  
|<   281   282   283   284   285   286   287   288   289   290   291   292   293   294   295   296   297   298   299   300   301   302   303   304   305  
306   307   308   309   310   311   312   313   314   315   316   317   318   319   320   321   322   323   324   325   326   327   328   329   330   >>   >|  



Top keywords:

council

 

decrees

 
common
 

important

 

Church

 
greatly
 
Corpus
 
legislative
 

pontifical

 

constitutions


period
 

concession

 

interrupted

 
derogate
 
unable
 
Vatican
 
doubtless
 

reforming

 

ecumenical

 
separation

increasingly

 

marked

 

discipline

 

matters

 

occupy

 
aggravated
 

Dispersion

 

excessive

 

situation

 

closure


contrary

 

enormous

 
emanating
 

modified

 

documents

 

Congregations

 

dispersed

 
condition
 

considered

 

number


resume

 

increased

 

tendency

 

centralization

 

lawfully

 
authorized
 
custom
 

attempts

 

practice

 

degree