Mahogane Reed Class of "When comparing law schools, I was extremely concerned about not only the quality of my legal education, but also the amount of money I would end up paying for that education.
The Abortion debate has become one of the most divisive and contentious issues of our time. Garlikov is of the opinion that once those for or against abortion reflect with more rationality,they will discover that they have more common ground than expected. Furthermore this will be contrasted with both the Roman Catholic and Anglican norms of canon law.
In this respect Jeremy2 has marked out some important areas in his historical and contemporary analysis, which has highlighted different approaches to morality.
A fundamental question is whether abortion is wrong, and if so is this sufficient reason for legal prohibition. Alternatively are there, as Dustan says, first order principles and second order rules, to allow for the varying shades of moral action within this moral dilemma. Here the reader is referred to the work of Belcher and others for more detailed information.
However, whilst the ecclesiastical law of the Church of England is part of the wider common law of the state and that in the absence of any canon law the Roman Catholic Church accepts, this must be consonant with Divine law.
Before examining particular civil and canonical legal norms of the rights and status of the foetus we first need to understand its process of development from conception to birth. This is because the various arguments and legal statements use medical terms and definitions when commenting on the various stages of the maturation process.
Foetal Development Foetal science has identified 13 stages of foetal development. This begins from conception and the formation of the zygote to cell division and formation of biological structures that will result in a birth. Significant stages are the formation of the beginning of the circulatory system, brainwave activities, human resemblance and a minimal ability to survive independently of the mother by the 24th week.
This in turn leads to the attribution of such human qualities as respiration and brain function. Here Kovacs and Anderson link brain function to the moral status of the embryo and foetus in relation to birth and death. This usually occurs in the second trimester of pregnancy 6 months.
Abortion may happen either accidentally or intentionally. The early Church taught respect for human life in the womb. In this it made a clear statement against abortion. This is readily seen in the early sources which include the teaching of the early fathers and the fourth century councils of Eivira and Ancyra.
In Gratian compiled the first collection of canon law. He drew from pre-exiting canons and in relation to abortion reported the views of Pope Steven that in the absence of a formed foetus, that had no soul, abortion was not homicide. However in Sixtus V, in his bull Effaenatum declared that all abortionists were murderers.
Pope Pius IX, in Apostolicae Sedisfinally eliminated the distinction between and animated and a non-animated foetus. Historically the foregoing aspects of Canon Law have influenced early civil legal opinion.
For example the death penalty was enjoined by the Visigoths, Spanish and French. In the early twentieth century French law enjoined imprisonment for abortionists.
He drew upon the Aristotelian distinction between formatus and informatus where a human shape was required before a soul could be infused. For a more detailed understanding the reader is referred to Kingston who notes that sociological trends of liberalisation in the twentieth century resulted in a process of more liberal abortion law reform.In the Middle Ages, common law in England coexisted, as civil law did in other countries, with other systems of law.
Church courts applied canon law, urban and rural courts applied local customary law, Chancery and maritime courts applied Roman law.
Law, Person, and Community: Philosophical, Theological, and Comparative Perspectives on Canon Law takes up the fundamental question "What is law?"through a consideration of the interrelation of the concepts of law, person, and community.
Canon law (from Greek kanon, a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (Church leadership), for the government of a Christian organization or church and its members.
It is the internal ecclesiastical law, or operational policy, governing the Catholic Church (both the Latin Church and the Eastern Catholic Churches), the Eastern. Canon law: Canon law, body of laws made within certain Christian churches (Roman Catholic, Eastern Orthodox, independent churches of Eastern Christianity, and the Anglican Communion) by lawful ecclesiastical authority for the government of both the whole .
Il civil law (in Italia detto anche diritto continentale o diritto romano-germanico) [senza fonte], è un modello di ordinamento giuridico derivante dal diritto romano, oggi dominante a livello mondiale.. I sistemi di civil law si sono sviluppati dapprima nell'Europa continentale e poi in moltissimi stati del pianeta, all'interno della cornice dottrinaria del diritto romano-giustinianeo.
Note: Common law has been influenced by canon law in the areas of marriage and inheritance. Roman Catholic canon law, like the civil law, has been modeled on ancient Roman law. The source for Roman Catholic canon law is the Code of Canon benjaminpohle.com Rudder (Pedalion) is a source for Greek Orthodox canon law.
Jewish canon law is contained in the Talmud.