(western) catholic canon law - roman law or positivist fiction?

Answer 1

western catholic canon

Answer 2

Canon Law is the ecclesiastical, or church, law of the Catholic Church. Catholic ecclesiastical law is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, precedent, a fully articulated legal code and principles of legal interpretation.

In the Catholic church, the canons of the councils were gathered together into collections as early as A.D. 1234.

Much of the jurisprudential style was adapted from the Roman Law code of Justinian. As a result, courts in the Catholic Church tend to follow the Roman Law style of the continent of Europe, featuring collegiate panels of judges, a somewhat neutral presumption before verdict, and an investigative form of proceeding, called "inquisitorial", from the Latin "inquirere", to enquire.

This is in contrast to the adversarial form of proceeding found in the Common Law jurisdictions of British and American law, which feature juries, single, neutral judges, etc.

In the 13th century, the Catholic Church began attempting to collect and organize canon law, which after a millennium of development had become a complex and difficult system of interpretation and cross-referencing.

The 1917 Code of Canon Law (Codex Iuris Canonici or CIC) was actually the first instance of a new code completely re-written in a systematic fashion, reduced to a single book or "codex" for ease of use. It took effect in November 1918.

After the sweeping reforms of the Second Vatican Council so much had changed in the Church that the council fathers wrote into the documents that the code be completely revised. After decades of discussion and numerous drafts, the project was nearly complete upon the death of Paul VI in 1978. Later that year when John Paul II had become pope, he brought further major changes to the code. The new revision, (CIC 1982) took effect in 1983.

Pope John Paul II promulgated the revised and presently binding Code of Canon Law for all of the world's 1.2 billion Catholics, with exception of the Eastern Catholic Churches.

These Eastern Rites within the Catholic Church have a separate Code of Canon Law, called the CCEO (Code of Canons of the Eastern Churches) incorporating certain differences in the hierarchical, administrative and judicial fora.

With love in Christ.

Answer 3

--Is Catholic--

What are you talking about?

Canon Law only applies to the specific Church and only members of that Church. In the Catholic Church, there are different sister Churches (examples Roman, Melkite, Ukrainian, etc.) and each have their own Canon Law that applies only to themselves.

"Roman Law" - or the form of law that comes out of the Roman State law, is Human Law (as opposed to Natural Law or Divine Law or Eternal Law).

Positivism is
A doctrine contending that sense perceptions are the only admissible basis of human knowledge and precise thought.
The application of this doctrine in logic, epistemology, and ethics.
The system of Auguste Comte designed to supersede theology and metaphysics and depending on a hierarchy of the sciences, beginning with mathematics and culminating in sociology.
Any of several doctrines or viewpoints, often similar to Comte's, that stress attention to actual practice over consideration of what is ideal: “Positivism became the ‘scientific’ base for authoritarian politics, especially in Mexico and Brazil” (Raymond Carr).

Canon Law, is not based on positivism as it is based on both the Natural Law, revelation, and Divine Law (depends on what the specific law is talking about). These three things are not based on sense data, but exist independently of what we sense.

As a philosophical system or method, Positivism denies the validity of metaphysical speculations, and maintains that the data of sense experience are the only object and the supreme criterion of human knowledge; as a religious system, it denies the existence of a personal God and takes humanity, "the great being", as the object of its veneration and cult. As a result, positivism as such is rejected by the Catholic Church.

Answer 4

Positive lies and manipulation