Canon Law & 8th Amendment Essay Example | Topics and Well Written Essays - 3750 words

Canon Law & 8th Amendment - Essay ExampleSince the fourth century, the romish Catholic Church has been developing regulations that have had some influence on secular (non-church-related) legal procedures. These regulations be called canons and are codified in the Code of Canon Law (in Latin, Codex juris canonici).Canon law has its origins in ancient church writings, decisions made by the general councils of local bishops, and rulings issued by the pope. An Italian law teacher, Gratian, form these ideas in the mid-twelfth century. He sorted the collection into religious law, penal law, sacramental law, and other categories. Along with a set of decisions by the pope called Decretals of Gregory IX, Gratians work formed the main body of canon law for close to eight hundred years. In 1917, Pope Benedict XV recodified (revised) the canons. Pope John Paul II reissued the Code of Canon Law in 1983-authorizing increased participation of laity in the church, recognizing the needs of disab led people, and making other changes. A related text, the Code of Canons of the Eastern Churches, was reissued by the Holy See (the bathroom of papal government) in 1990.In the middle Ages, canon law was used in ecclesiastical (church) courts to square off many types of cases that in modern times are decided by civil courts, including criminal offenses. Crimes that were essay by the church included adultery, blasphemy, slander, heresy (opposition to official religious views), money lending, and gambling. -Of-faith cases concerning contracts, as well as inheritance and marriage-related cases.Criminal trial procedures in medieval church courts were the source of some features that found their authority into common law. Although witnesses were considered the best source of proof of a crime under canon law, suspected offenders could in any case be tried because of public fame (suspicion in the community that they had committed a crime). An inquest made up of xii men-a forerunner o f royal courts grand juries-said under oath whether public suspicion existed. If none did, then a judge had no authority to proceed. After establishing public fame, the courts next step was approved purgation, in which the charge person swore an oath that she or he was innocent. Proof of innocence was accomplished by compurgation, in which some(prenominal) oath helpers would swear that they believed the oath was true. People who objected to the purgation of an accused person had the chance to prove their thrill of guilt.The use of canon law in governmental decisions is not well documented. In the early ordinal century, commissions of the English Parliament made use of canonical procedures and canon law experts to decide issues involving laws of war, diplomacy, and other questions. For example, Parliaments justification for deposing King Richard II seems to have been based on papal bulls (decrees).In modern times, the creation, interpretation, and use of the canons tight resem ble those of secular law. The Episcopal Conference of Local Bishops and the National Conference of Catholic Bishops are vote bodies that set policy for the church. When policy has been codified, it is used by judges in Catholic tribunals in find whether certain practices or requests are acceptable according to the canons. (Catholic tribunals make up the Churchs own court system, which interprets canonical policy to resolve questions of church practice.) Case law (previous