Danske Lov ( English : Danish Code ) is the title of a Danish statute book from 1683 that previously formed the basis for the Danish legislation. Even though it was mainly a compilation of older, regional laws, it took seven different commissions over several decades under two different monarchs to put the Code together. In 1687, Norway received its Norwegian Code , which in form and content is about identical to the Danish Code. The Danish Code has been translated into English, Latin, German and Russian.
173-722: The statute should be viewed in connection with the European traditions of justice, which since the 12th century has moved towards an assembly of different practices. This tradition was encouraged by the Catholic Church . The majority of the statute has now been superseded by newer laws. However, parts of the Code are still in force, e.g. 3-19-2, which states that an employer is responsible for compensation for damages that an employee might cause during his/her employment. The historical book Gesta Danorum by Saxo Grammaticus , which
346-594: A " prisoner in the Vatican ". This stand-off, which was spoken of as the Roman Question , was resolved by the 1929 Lateran Treaties , whereby the Holy See acknowledged Italian sovereignty over the former Papal States in return for payment and Italy's recognition of papal sovereignty over Vatican City as a new sovereign and independent state. Catholic missionaries generally supported, and sought to facilitate,
519-533: A broader principle out of these predecessor cases. The facts were almost identical to Cadillac a year earlier: a wheel from a wheel manufacturer was sold to Buick, to a dealer, to MacPherson, and the wheel failed, injuring MacPherson. Judge Cardozo held: It may be that Statler v. Ray Mfg. Co. have extended the rule of Thomas v. Winchester . If so, this court is committed to the extension. The defendant argues that things imminently dangerous to life are poisons, explosives, deadly weapons—things whose normal function it
692-425: A character inherently that, when applied to the purposes for which it was designed, it was liable to become a source of great danger to many people if not carefully and properly constructed". Yet the privity rule survived. In Cadillac Motor Car Co. v. Johnson (decided in 1915 by the federal appeals court for New York and several neighboring states), the court held that a car owner could not recover for injuries from
865-458: A collective term for a group of sexual acts including sodomy and bestiality ; the prescribed punishment was that of burning at the stake . Some later professors of law and history, notably the famed late 18th and early 19th century Danish jurist Anders Sandøe Ørsted , as well as, Edvard Holm , have commented that the promulgation of the Danske Lov was one particularly positive aspect of
1038-459: A comprehensive Danish Code. King Frederick III then established The First Law Committee consisting of 3 jurists (including Supreme Court Assessor Peder Lassen ), 8 noblemen and 10 civilians. Work in the first Committee broke down, one of the causes being that the noblemen were unhappy with the suggested diminishing of their privileges. On November 16, 1662, the King replaced the first Committee with
1211-481: A decision are often more important in the long run than the outcome in a particular case. This is the reason that judicial opinions are usually quite long, and give rationales and policies that can be balanced with judgment in future cases, rather than the bright-line rules usually embodied in statutes. All law systems rely on written publication of the law, so that it is accessible to all. Common law decisions are published in law reports for use by lawyers, courts and
1384-411: A defective wheel, when the automobile owner had a contract only with the automobile dealer and not with the manufacturer, even though there was "no question that the wheel was made of dead and 'dozy' wood, quite insufficient for its purposes". The Cadillac court was willing to acknowledge that the case law supported exceptions for "an article dangerous in its nature or likely to become so in the course of
1557-648: A government function in 1874 . West Publishing in Minnesota is the largest private-sector publisher of law reports in the United States. Government publishers typically issue only decisions "in the raw", while private sector publishers often add indexing, including references to the key principles of the common law involved, editorial analysis, and similar finding aids. Statutes are generally understood to supersede common law. They may codify existing common law, create new causes of action that did not exist in
1730-601: A lengthy conflict between Lassen and Vinding regarding the Code, as Lassen was the professional jurist, while Vinding lacked legal training. A professor of history and geography, Vinding had a good reputation as a gifted judge, but lacked in-depth knowledge of the Danish laws. Work in the Third Committee did not get under way, so on March 8, 1666, the King ordered each of the committee's four members to compile and revise their own set of laws, removing outdated statutes from
1903-410: A line somewhere, a limit on the causal connection between the negligent conduct and the injury. The court looked to the contractual relationships, and held that liability would only flow as far as the person in immediate contract ("privity") with the negligent party. A first exception to this rule arose in 1852, in the case of Thomas v. Winchester , when New York's highest court held that mislabeling
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#17327654539792076-540: A means to redress certain challenges to established law. Oliver Wendell Holmes once dissented: "judges do and must legislate". There is a controversial legal maxim in American law that " Statutes in derogation of the common law ought to be narrowly construed ". Henry Campbell Black once wrote that the canon "no longer has any foundation in reason". It is generally associated with the Lochner era . The presumption
2249-414: A more systematic setup and fewer outdated or contradictory sections. The content of the text was mainly old laws coupled with new laws based on earlier verdicts (i.e. Common Law ). After the death of King Frederick III in 1670, legislative work slowed down again. Peder Schumacher's (now Count Griffenfeld) interest in the project also died down. First Committee: After a long break, on September 24, 1672,
2422-424: A new line in the last sentence quoted above: "There must be knowledge of a danger, not merely possible, but probable." But while adhering to the underlying principle that some boundary is necessary, MacPherson overruled the prior common law by rendering the formerly dominant factor in the boundary, that is, the privity formality arising out of a contractual relationship between persons, totally irrelevant. Rather,
2595-457: A poison as an innocuous herb, and then selling the mislabeled poison through a dealer who would be expected to resell it, put "human life in imminent danger". Thomas relied on this reason to create an exception to the "privity" rule. In 1909, New York held in Statler v. Ray Mfg. Co. that a coffee urn manufacturer was liable to a person injured when the urn exploded, because the urn "was of such
2768-411: A presumption favoring the retention of long-established and familiar principles, except when a statutory purpose to the contrary is evident. Isbrandtsen Co. v. Johnson , 343 U.S. 779, 783 (1952); Astoria Federal Savings & Loan Assn. v. Solimino , 501 U.S. 104, 108 (1991). In such cases, Congress does not write upon a clean slate. Astoria , 501 U.S. at 108. In order to abrogate a common-law principle,
2941-573: A product defect, and if a part was built up out of parts from parts manufacturers, the ultimate buyer could not recover for injury caused by a defect in the part. In an 1842 English case, Winterbottom v Wright , the postal service had contracted with Wright to maintain its coaches. Winterbottom was a driver for the post. When the coach failed and injured Winterbottom, he sued Wright. The Winterbottom court recognized that there would be "absurd and outrageous consequences" if an injured person could sue any person peripherally involved, and knew it had to draw
3114-605: A strong allegiance to a large body of precedent, parties have less a priori guidance (unless the written law is very clear and kept updated) and must often leave a bigger "safety margin" of unexploited opportunities, and final determinations are reached only after far larger expenditures on legal fees by the parties. This is the reason for the frequent choice of the law of the State of New York in commercial contracts, even when neither entity has extensive contacts with New York—and remarkably often even when neither party has contacts with
3287-447: A three-person Revision Committee was established to revise Rasmus Vindings draft. The three members were Peder Lassen, Attorney General Peder Lauridsen Scavenius and chancellor Peder Reedtz , who headed the committee. Bishop Hans Vandal was also connected to the work, revising the sections dealing with the clergy. Lassen criticized Vinding's division of the Code into five parts, suggesting only three parts instead. However, his criticism
3460-402: A unified system of law "common" to the country through incorporating and elevating local custom to the national, ending local control and peculiarities, eliminating arbitrary remedies and reinstating a jury system—citizens sworn on oath to investigate reliable criminal accusations and civil claims. The jury reached its verdict through evaluating common local knowledge , not necessarily through
3633-578: A variety of historical circumstances. In the 16th century, the Reformation led to the formation of separate, Protestant groups. From the late 20th century, the Catholic Church has been criticized for its teachings on sexuality , its doctrine against ordaining women , and its handling of sexual abuse cases involving clergy. Catholic (from Greek : καθολικός , romanized : katholikos , lit. 'universal')
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#17327654539793806-505: Is a strength of common law systems, and is a significant contributor to the robust commercial systems in the United Kingdom and United States. Because there is reasonably precise guidance on almost every issue, parties (especially commercial parties) can predict whether a proposed course of action is likely to be lawful or unlawful, and have some assurance of consistency. As Justice Brandeis famously expressed it, "in most matters it
3979-637: Is able to represent himself in Court if he so wishes’, perhaps a rather fanciful statement about the imagined social significance of the text. In later centuries, the law was subject to amendments and attempts at scholarly systematisations but was not treated as an all-encompassing, single universal ‘system’ or ‘source’ of law. Over time, it was not replaced, and its significance weakened, but certain of its provision are still relevant and invoked in judicial decisions. Catholic Church God Schools Relations with: The Catholic Church , also known as
4152-633: Is controlling, and a panel decision may only be overruled by the court of appeals sitting en banc (that is, all active judges of the court) or by a higher court. In these courts, the older decision remains controlling when an issue comes up the third time. Other courts, for example, the Court of Appeals for the Federal Circuit (formerly known as Court of Customs and Patent Appeals) and the US Supreme Court , always sit en banc , and thus
4325-584: Is dated to the 13th century, describes the Danish kings' attempts at legislation. One of the first examples of Danish legislation was 'Vederloven' from the 1180s, that regulated the personal army of the king, also known as the Housecarls . This was superseded by a series of regional laws, first Scanian Law , later Jyske Lov and Sjællandske Lov . Generally, the regional laws are based on Casuistry . This means that they are based on concrete cases of breaches of
4498-457: Is deeply rooted in stare decisis ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a " case of first impression " with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it
4671-499: Is destruction. What is true of the coffee urn is equally true of bottles of aerated water ( Torgesen v. Schultz , 192 N. Y. 156). We have mentioned only cases in this court. But the rule has received a like extension in our courts of intermediate appeal. In Burke v. Ireland (26 App. Div. 487), in an opinion by CULLEN, J., it was applied to a builder who constructed a defective building; in Kahner v. Otis Elevator Co. (96 App. Div. 169) to
4844-540: Is generally regarded as an institution that has its origin in the Medieval Christian setting. The massive Islamic invasions of the mid-7th century began a long struggle between Christianity and Islam throughout the Mediterranean Basin. The Byzantine Empire soon lost the lands of the eastern patriarchates of Jerusalem , Alexandria and Antioch and was reduced to that of Constantinople,
5017-477: Is inferrable as a synthesis of the "thing of danger" principle stated in them, merely extending it to "foreseeable danger" even if "the purposes for which it was designed" were not themselves "a source of great danger". MacPherson takes some care to present itself as foreseeable progression, not a wild departure. Cardozo continues to adhere to the original principle of Winterbottom , that "absurd and outrageous consequences" must be avoided, and he does so by drawing
5190-539: Is more important that the applicable rule of law be settled than that it be settled right." This ability to predict gives more freedom to come close to the boundaries of the law. For example, many commercial contracts are more economically efficient, and create greater wealth, because the parties know ahead of time that the proposed arrangement, though perhaps close to the line, is almost certainly legal. Newspapers, taxpayer-funded entities with some religious affiliation, and political parties can obtain fairly clear guidance on
5363-424: Is shown) reinterpret and revise the law, without legislative intervention, to adapt to new trends in political, legal and social philosophy . Second, the common law evolves through a series of gradual steps , that gradually works out all the details, so that over a decade or more, the law can change substantially but without a sharp break, thereby reducing disruptive effects. In contrast to common law incrementalism,
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5536-576: Is that legislatures may take away common law rights, but modern jurisprudence will look for the statutory purpose or legislative intent and apply rules of statutory construction like the plain meaning rule to reach decisions. As the United States Supreme Court explained in United States v Texas , 507 U.S. 529 (1993): Just as longstanding is the principle that "[s]tatutes which invade the common law ... are to be read with
5709-685: Is the bishop of Rome , known as the pope ( Latin : papa , lit. 'father'), whose jurisdiction is called the Holy See ( Sancta Sedes in Latin). In parallel to the diocesan structure are a variety of religious institutes that function autonomously, often subject only to the authority of the pope, though sometimes subject to the local bishop. Most religious institutes only have male or female members but some have both. Additionally, lay members aid many liturgical functions during worship services. The Catholic Church has been described as
5882-491: Is the universal [katholike] Church." In the Catechetical Lectures ( c. 350 ) of Saint Cyril of Jerusalem , the name "Catholic Church" was used to distinguish it from other groups that also called themselves "the church". The "Catholic" notion was further stressed in the edict De fide Catolica issued 380 by Theodosius I , the last emperor to rule over both the eastern and the western halves of
6055-508: Is to injure or destroy. But whatever the rule in Thomas v. Winchester may once have been, it has no longer that restricted meaning. A scaffold ( Devlin v. Smith , supra) is not inherently a destructive instrument. It becomes destructive only if imperfectly constructed. A large coffee urn ( Statler v. Ray Mfg. Co. , supra) may have within itself, if negligently made, the potency of danger, yet no one thinks of it as an implement whose normal function
6228-651: The Pax Romana made travelling safe. The empire encouraged the spread of a common culture with Greek roots, which allowed ideas to be more easily expressed and understood. Unlike most religions in the Roman Empire, however, Christianity required its adherents to renounce all other gods, a practice adopted from Judaism (see Idolatry ). The Christians' refusal to join pagan celebrations meant they were unable to participate in much of public life, which caused non-Christians—including government authorities—to fear that
6401-809: The Byzantine–Seljuk Wars , which caused Urban to launch the First Crusade aimed at aiding the Byzantine Empire and returning the Holy Land to Christian control. In the 11th century , strained relations between the primarily Greek church and the Latin Church separated them in the East–West Schism, partially due to conflicts over papal authority. The Fourth Crusade and the sacking of Constantinople by renegade crusaders proved
6574-767: The Church of the East also shared in this communion, as did the Oriental Orthodox Churches before the Council of Chalcedon in AD 451; all separated primarily over differences in Christology . The Eastern Catholic Churches, who have a combined membership of approximately 18 million, represent a body of Eastern Christians who returned or remained in communion with the pope during or following these schisms for
6747-721: The Code of Canon Law (1983). "Catholic Church" is also used in the documents of the Second Vatican Council (1962–1965), the First Vatican Council (1869–1870), the Council of Trent (1545–1563), and numerous other official documents. The New Testament , in particular the Gospels , records Jesus' activities and teaching, his appointment of the Twelve Apostles and his Great Commission of
6920-666: The Council of Nicaea declared heretical . The resulting religious discord between Germanic rulers and Catholic subjects was avoided when, in 497, Clovis I , the Frankish ruler, converted to orthodox Catholicism, allying himself with the papacy and the monasteries. The Visigoths in Spain followed his lead in 589, and the Lombards in Italy in the course of the 7th century. Western Christianity , particularly through its monasteries ,
7093-733: The Edict of Thessalonica made Nicene Christianity the state church of the Roman Empire , a position that within the diminishing territory of the Byzantine Empire would persist until the empire itself ended in the fall of Constantinople in 1453, while elsewhere the church was independent of the empire, as became particularly clear with the East–West Schism . During the period of the Seven Ecumenical Councils , five primary sees emerged, an arrangement formalized in
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7266-766: The English Reformation and the eventual development of Anglicanism . The Reformation contributed to clashes between the Protestant Schmalkaldic League and the Catholic Emperor Charles V and his allies. The first nine-year war ended in 1555 with the Peace of Augsburg but continued tensions produced a far graver conflict—the Thirty Years' War —which broke out in 1618. In France, a series of conflicts termed
7439-607: The French Wars of Religion was fought from 1562 to 1598 between the Huguenots (French Calvinists ) and the forces of the French Catholic League , which were backed and funded by a series of popes. This ended under Pope Clement VIII , who hesitantly accepted King Henry IV's 1598 Edict of Nantes granting civil and religious toleration to French Protestants. The Council of Trent (1545–1563) became
7612-623: The High Court of Justiciary has this power instead (except on questions of law relating to reserved matters such as devolution and human rights). From 1966 to 2009, this power lay with the House of Lords , granted by the Practice Statement of 1966. Canada's federal system, described below , avoids regional variability of federal law by giving national jurisdiction to both layers of appellate courts. The reliance on judicial opinion
7785-543: The Immaculate Conception as a dogma in the Catholic Church . In 1870, the First Vatican Council affirmed the doctrine of papal infallibility when exercised in specifically defined pronouncements, striking a blow to the rival position of conciliarism . Controversy over this and other issues resulted in a breakaway movement called the Old Catholic Church , The Italian unification of
7958-712: The Italian Peninsula , imprisoning Pope Pius VI , who died in captivity. Napoleon later re-established the Catholic Church in France through the Concordat of 1801 . The end of the Napoleonic Wars brought Catholic revival and the return of the Papal States . In 1854, Pope Pius IX , with the support of the overwhelming majority of Catholic bishops, whom he had consulted from 1851 to 1853, proclaimed
8131-462: The Nicene Creed . The Catholic Church teaches that it is the one, holy, catholic and apostolic church founded by Jesus Christ in his Great Commission , that its bishops are the successors of Christ's apostles , and that the pope is the successor to Saint Peter , upon whom primacy was conferred by Jesus Christ. It maintains that it practises the original Christian faith taught by
8304-552: The Polish People's Republic , became the first non-Italian pope in 455 years. His 26 1/2-year pontificate was one of the longest in history, and was credited with hastening the fall of communism in Europe. John Paul II sought to evangelize an increasingly secular world . He travelled more than any other pope, visiting 129 countries, and used television and radio as means of spreading the church's teachings. He also emphasized
8477-875: The Protestant Reformation of the 16th century, when those who ceased to be in communion became known as Protestants. While the Roman Church has been used to describe the pope's Diocese of Rome since the Fall of the Western Roman Empire and into the Early Middle Ages (6th–10th century), Roman Catholic Church has been applied to the whole church in the English language since the Protestant Reformation in
8650-616: The Roman Catholic Church , is the largest Christian church , with 1.28 to 1.39 billion baptized Catholics worldwide as of 2024. It is among the world's oldest and largest international institutions and has played a prominent role in the history and development of Western civilization . The church consists of 24 sui iuris churches , including the Latin Church and 23 Eastern Catholic Churches , which comprise almost 3,500 dioceses and eparchies around
8823-674: The Roman Empire , when establishing the state church of the Roman Empire . Since the East–West Schism of 1054, the Eastern Orthodox Church has taken the adjective Orthodox as its distinctive epithet; its official name continues to be the Orthodox Catholic Church. The Latin Church was described as Catholic , with that description also denominating those in communion with the Holy See after
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#17327654539798996-669: The Tridentine Mass as found in the Roman Missal of 1962, which he titled the "Extraordinary Form". Citing the frailties of advanced age, Benedict resigned in 2013, becoming the first pope to do so in nearly 600 years. Pope Francis, the current pope of the Catholic Church, became in 2013 the first pope from the Americas, the first from the Southern Hemisphere , and the first Pope from outside Europe since
9169-476: The University of Oxford , University of Paris , and University of Bologna . Higher education before then had been the domain of Christian cathedral schools or monastic schools, led by monks and nuns . Evidence of such schools dates back to the 6th century CE. These new universities expanded the curriculum to include academic programs for clerics, lawyers, civil servants, and physicians. The university
9342-444: The dignity of work and natural rights of labourers to have fair wages and safe conditions in Laborem exercens . He emphasized several church teachings, including moral exhortations against abortion, euthanasia , and against widespread use of the death penalty, in Evangelium Vitae . Pope Benedict XVI , elected in 2005, was known for upholding traditional Christian values against secularization , and for increasing use of
9515-411: The jury , ordeals , the penalty of outlawry , and writs – all of which were incorporated into the Norman common law – is still a subject of much discussion. Additionally, the Catholic Church operated its own court system that adjudicated issues of canon law . The main sources for the history of the common law in the Middle Ages are the plea rolls and the Year Books . The plea rolls, which were
9688-468: The later decision controls. These courts essentially overrule all previous cases in each new case, and older cases survive only to the extent they do not conflict with newer cases. The interpretations of these courts—for example, Supreme Court interpretations of the constitution or federal statutes—are stable only so long as the older interpretation maintains the support of a majority of the court. Older decisions persist through some combination of belief that
9861-409: The 1180s) from his Curia Regis to hear the various disputes throughout the country, and return to the court thereafter. The king's itinerant justices would generally receive a writ or commission under the great seal. They would then resolve disputes on an ad hoc basis according to what they interpreted the customs to be. The king's judges would then return to London and often discuss their cases and
10034-506: The 13th century to the 17th, can be viewed online at the Anglo-American Legal Tradition site (The O'Quinn Law Library of the University of Houston Law Center). The doctrine of precedent developed during the 12th and 13th centuries, as the collective judicial decisions that were based in tradition, custom and precedent . The form of reasoning used in common law is known as casuistry or case-based reasoning . The common law, as applied in civil cases (as distinct from criminal cases ),
10207-422: The 14th century. To escape instability in Rome, Clement V in 1309 became the first of seven popes to reside in the fortified city of Avignon in southern France during a period known as the Avignon Papacy . The Avignon Papacy ended in 1376 when the pope returned to Rome, but was followed in 1378 by the 38-year-long Western schism , with claimants to the papacy in Rome, Avignon and (after 1409) Pisa. The matter
10380-414: The 1860s incorporated the Papal States, including Rome itself from 1870, into the Kingdom of Italy , thus ending the papacy's temporal power . In response, Pope Pius IX excommunicated King Victor Emmanuel II , refused payment for the land, and rejected the Italian Law of Guarantees , which granted him special privileges. To avoid placing himself in visible subjection to the Italian authorities, he remained
10553-522: The 1960s, Pope John XXIII convened the Second Vatican Council , which ushered in radical change to church ritual and practice, and in the later 20th century, the long reign of Pope John Paul II contributed to the fall of communism in Europe, and a new public and international role for the papacy. From the late 20th century, the Catholic Church has been criticized for its doctrines on sexuality , its inability to ordain women , and its handling of sexual abuse cases . Pope Pius X (1903–1914) renewed
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#173276545397910726-408: The 21st century. Pope Gregory VII further initiated the Gregorian Reforms regarding the independence of the clergy from secular authority. This led to the Investiture Controversy between the church and the Holy Roman Emperors , over which had the authority to appoint bishops and popes. In 1095, Byzantine emperor Alexius I appealed to Pope Urban II for help against renewed Muslim invasions in
10899-416: The Americas, Asia and Oceania by explorers, conquistadors, and missionaries, as well as by the transformation of societies through the socio-political mechanisms of colonial rule. Pope Alexander VI had awarded colonial rights over most of the newly discovered lands to Spain and Portugal and the ensuing patronato system allowed state authorities, not the Vatican, to control all clerical appointments in
11072-402: The Byzantine Empire lost to the Lombards the city of Ravenna from which it governed the small fragments of Italy, including Rome, that acknowledged its sovereignty. The fall of Ravenna meant that confirmation by a no longer existent exarch was not asked for during the election in 752 of Pope Stephen II and that the papacy was forced to look elsewhere for a civil power to protect it. In 754, at
11245-405: The Catholic and Orthodox churches. Several eastern churches reunited, forming the majority of the Eastern Catholic Churches . The Age of Discovery beginning in the 15th century saw the expansion of Western Europe's political and cultural influence worldwide. Because of the prominent role the strongly Catholic nations of Spain and Portugal played in Western colonialism, Catholicism was spread to
11418-422: The Christians were angering the gods and thereby threatening the peace and prosperity of the Empire. The resulting persecutions were a defining feature of Christian self-understanding until Christianity was legalized in the 4th century. In 313, Emperor Constantine I 's Edict of Milan legalized Christianity, and in 330 Constantine moved the imperial capital to Constantinople , modern Istanbul, Turkey . In 380
11591-462: The Danish system of legal writs. In practice, all earlier work was abandoned, which was a defeat for Lassen who had been the driving force so far, and perhaps a tactical move by the King to have him superseded by Vinding. Of the four submitted drafts, Vinding's so-called Codex Fredericus gained the best reception, after which legislative work dwindled down again. Meanwhile, Lassen kept his rejected draft at hand should Vinding's draft be turned down. By
11764-457: The Edict of Nantes by King Louis XIV of France , which ended a century-long policy of religious toleration of Protestant Huguenots. As the papacy resisted pushes for Gallicanism , the French Revolution of 1789 shifted power to the state, caused the destruction of churches, the establishment of a Cult of Reason , and the martyrdom of nuns during the Reign of Terror . In 1798, Napoleon Bonaparte 's General Louis-Alexandre Berthier invaded
11937-401: The European imperial powers' conquest of Africa during the late nineteenth century. According to the historian of religion Adrian Hastings , Catholic missionaries were generally unwilling to defend African rights or encourage Africans to see themselves as equals to Europeans, in contrast to Protestant missionaries, who were more willing to oppose colonial injustices. During the 20th century,
12110-430: The Great Hall of the king's Palace of Westminster , permanently except in the vacations between the four terms of the Legal year . Judge-made common law operated as the primary source of law for several hundred years, before Parliament acquired legislative powers to create statutory law . In England, judges have devised a number of rules as to how to deal with precedent decisions . The early development of case-law in
12283-447: The Holy See, or the Apostolic See (meaning the see of the apostle Peter). Directly serving the pope is the Roman Curia, the central governing body that administers the day-to-day business of the Catholic Church. The pope is also sovereign of Vatican City, a small city-state entirely enclaved within the city of Rome, which is an entity distinct from the Holy See. It is as head of the Holy See, not as head of Vatican City State, that
12456-483: The King to appoint a Fourth Revision Committee on April 16, 1681, consisting of four people, among these Rasmus Vinding. They were selected to complete a final revision of the Code, and they made many minor changes and additions to the previous draft. The committee completed its work by the end of 1681, and the King approved the Danish Code on January 3, 1682. Small corrections continued to be made until June 23, where
12629-464: The Law was printed, even though it was officially completed on April 15, the King's birthday. In addition to the oaths sworn by judges and witnesses, the Danish code contains six books: The final Danish Code is first and foremost based on earlier Danish legislative work. Roman law , which held great influence in Europe outside Scandinavia at the time, can only be traced in a few places. This fits well with
12802-453: The Pope's insistence on public neutrality and diplomatic language has become a source of much criticism and debate. Nevertheless, in every country under German occupation, priests played a major part in rescuing Jews. Israeli historian Pinchas Lapide estimated that Catholic rescue of Jews amounted to somewhere between 700,000 and 860,000 people. The Nazi persecution of the Catholic Church
12975-520: The Reformation, which gave birth to the great majority of Protestant denominations and also crypto-Protestantism within the Catholic Church. Meanwhile, Henry VIII petitioned Pope Clement VII for a declaration of nullity concerning his marriage to Catherine of Aragon . When this was denied, he had the Acts of Supremacy passed to make himself Supreme Head of the Church of England , spurring
13148-696: The Second Law Committee consisting of the former Committee's four foremost legal experts, Peder Lassen, Heinrich Ernst , Otte Krag and Niels Trolle . The Committee drafted several completely new statutes, and especially Peder Lassens suggestions regarding inheritance were ahead of their time in Denmark. The committee's suggestions regarding laws of legal procedure were handed to the State College, which replied positively in July, 1664. To revise
13321-562: The Second Revision Committee by including his brother-in-law, mayor of Copenhagen Jørgen Fogh and his friend Vinding in the committee. When Griffenfeld fell from power on March 11, 1676, work on the Danish Code stopped completely for four years. Third Committee: On February 28, 1680, a royal missive was published establishing the Third Revision Committee. It consisted of 13 members, among these
13494-621: The Second World War, also because they had powerful supporters from the Vatican. The judgment of Pius XII is made more difficult by the sources, because the church archives for his tenure as nuncio, cardinal secretary of state and pope are in part closed or not yet processed. The Second Vatican Council (1962–65) introduced the most significant changes to Catholic practices since the Council of Trent, four centuries before. Initiated by Pope John XXIII, this ecumenical council modernized
13667-522: The United Kingdom (including its overseas territories such as Gibraltar), the United States (both the federal system and all 50 states save Louisiana ), and Zimbabwe. According to Black's Law Dictionary , common law is "the body of law derived from judicial decisions , rather than from statutes or constitutions ." Legal systems that rely on common law as precedent are known as "common law jurisdictions," while those that do not are referred to as " civil law " or " code " jurisdictions. Until
13840-425: The United States' commercial center, New York common law has a depth and predictability not (yet) available in any other jurisdictions of the United States. Similarly, American corporations are often formed under Delaware corporate law , and American contracts relating to corporate law issues ( merger and acquisitions of companies, rights of shareholders, and so on) include a Delaware choice of law clause, because of
14013-559: The United States. Commercial contracts almost always include a "choice of law clause" to reduce uncertainty. Somewhat surprisingly, contracts throughout the world (for example, contracts involving parties in Japan, France and Germany, and from most of the other states of the United States) often choose the law of New York, even where the relationship of the parties and transaction to New York is quite attenuated. Because of its history as
14186-586: The War, and established aid networks to help victims, but he secretly assisted the anti-Hitler resistance and shared intelligence with the Allies. His first encyclical Summi Pontificatus (1939) expressed dismay at the 1939 Invasion of Poland and reiterated Catholic teaching against racism. He expressed concern against race killings on Vatican Radio , and intervened diplomatically to attempt to block Nazi deportations of Jews in various countries from 1942 to 1944. But
14359-575: The apostles, instructing them to continue his work. The book Acts of Apostles , tells of the founding of the Christian church and the spread of its message to the Roman Empire. The Catholic Church teaches that its public ministry began on Pentecost , occurring fifty days following the date Christ is believed to have resurrected . At Pentecost, the apostles are believed to have received the Holy Spirit, preparing them for their mission in leading
14532-466: The apostles, preserving the faith infallibly through scripture and sacred tradition as authentically interpreted through the magisterium of the church. The Roman Rite and others of the Latin Church, the Eastern Catholic liturgies , and institutes such as mendicant orders , enclosed monastic orders and third orders reflect a variety of theological and spiritual emphases in
14705-412: The application of law to specific facts. The United States federal courts are divided into twelve regional circuits, each with a circuit court of appeals (plus a thirteenth, the Court of Appeals for the Federal Circuit , which hears appeals in patent cases and cases against the federal government, without geographic limitation). Decisions of one circuit court are binding on the district courts within
14878-527: The areas under his control definitively established a form of caesaropapism , in which "he had the right and duty of regulating by his laws the minutest details of worship and discipline, and also of dictating the theological opinions to be held in the Church", re-established imperial power over Rome and other parts of the West, initiating the period termed the Byzantine Papacy (537–752), during which
15051-626: The bishops of Rome, or popes, required approval from the emperor in Constantinople or from his representative in Ravenna for consecration, and most were selected by the emperor from his Greek-speaking subjects, resulting in a "melting pot" of Western and Eastern Christian traditions in art as well as liturgy. Most of the Germanic tribes who in the following centuries invaded the Roman Empire had adopted Christianity in its Arian form, which
15224-422: The boundaries within which their freedom of expression rights apply. In contrast, in jurisdictions with very weak respect for precedent, fine questions of law are redetermined anew each time they arise, making consistency and prediction more difficult, and procedures far more protracted than necessary because parties cannot rely on written statements of law as reliable guides. In jurisdictions that do not have
15397-496: The church's approach to ecumenism , and a call to improved relations with non-Christian religions, especially Judaism, in its document Nostra aetate . The council, however, generated significant controversy in implementing its reforms: proponents of the " Spirit of Vatican II " such as Swiss theologian Hans Küng said that Vatican II had "not gone far enough" to change church policies. Traditionalist Catholics , such as Archbishop Marcel Lefebvre , however, strongly criticized
15570-466: The church's global reach continued to grow, despite the rise of anti-Catholic authoritarian regimes and the collapse of European Empires, accompanied by a general decline in religious observance in the West. Under Popes Benedict XV , and Pius XII , the Holy See sought to maintain public neutrality through the World Wars, acting as peace broker and delivering aid to the victims of the conflicts. In
15743-687: The church. Of its seven sacraments , the Eucharist is the principal one, celebrated liturgically in the Mass . The church teaches that through consecration by a priest , the sacrificial bread and wine become the body and blood of Christ . The Virgin Mary is venerated as the Perpetual Virgin , Mother of God , and Queen of Heaven ; she is honoured in dogmas and devotions . Catholic social teaching emphasizes voluntary support for
15916-592: The church. The Catholic Church teaches that the college of bishops , led by the bishop of Rome are the successors to the Apostles. In the account of the Confession of Peter found in the Gospel of Matthew , Christ designates Peter as the "rock" upon which Christ's church will be built. The Catholic Church considers the bishop of Rome, the pope, to be the successor to Saint Peter . Some scholars state Peter
16089-422: The church. There are three levels of clergy: the episcopate, composed of bishops who hold jurisdiction over a geographic area called a diocese or eparchy ; the presbyterate, composed of priests ordained by bishops and who work in local dioceses or religious orders; and the diaconate, composed of deacons who assist bishops and priests in a variety of ministerial roles. Ultimately leading the entire Catholic Church
16262-399: The circuit and on the circuit court itself, but are only persuasive authority on sister circuits. District court decisions are not binding precedent at all, only persuasive. Most of the U.S. federal courts of appeal have adopted a rule under which, in the event of any conflict in decisions of panels (most of the courts of appeal almost always sit in panels of three), the earlier panel decision
16435-524: The city of Rome, though enjoying extraterritorial privileges accredited to the Holy See. Common Law Common law (also known as judicial precedent , judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes , it is largely based on precedent —judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law
16608-860: The common law, or legislatively overrule the common law. Common law still has practical applications in some areas of law. Examples are contract law and the law of torts . At earlier stages in the development of modern legal systems and government, courts exercised their authority in performing what Roscoe Pound described as an essentially legislative function. As legislation became more comprehensive, courts began to operate within narrower limits of statutory interpretation . Jeremy Bentham famously criticized judicial lawmaking when he argued in favor of codification and narrow judicial decisions. Pound comments that critics of judicial lawmaking are not always consistent - sometimes siding with Bentham and decrying judicial overreach, at other times unsatisfied with judicial reluctance to sweep broadly and employ case law as
16781-867: The conflict. Catholic clergy played a leading role in the government of the fascist Slovak State , which collaborated with the Nazis, copied their anti-Semitic policies, and helped them carry out the Holocaust in Slovakia. Jozef Tiso , the President of the Slovak State and a Catholic priest, supported his government's deportation of Slovakian Jews to extermination camps. The Vatican protested against these Jewish deportations in Slovakia and in other Nazi puppet regimes including Vichy France , Croatia, Bulgaria , Italy and Hungary. Around 1943, Adolf Hitler planned
16954-415: The consequences to be expected. If to the element of danger there is added knowledge that the thing will be used by persons other than the purchaser, and used without new tests then, irrespective of contract, the manufacturer of this thing of danger is under a duty to make it carefully. ... There must be knowledge of a danger, not merely possible, but probable. Cardozo's new "rule" exists in no prior case, but
17127-522: The council, arguing that its liturgical reforms led "to the destruction of the Holy Sacrifice of the Mass and the sacraments", among other issues. The teaching on the morality of contraception also came under scrutiny; after a series of disagreements, Humanae vitae upheld the church's prohibition of all forms of contraception. In 1978, Pope John Paul II , formerly Archbishop of Kraków in
17300-439: The credit because the Danish Code is mostly a compilation. The English envoy to Denmark at the time, Robert Molesworth , praises the Danish Code in his otherwise highly negative text, An account of Denmark as it was in the year 1692 . He states that in justice, brevity and clarity, the ‘Code surpasses all other legal texts he knows of’ - ‘it is so clear and simple to understand, that any literate person can understand his case and
17473-516: The decisions they made with the other judges. These decisions would be recorded and filed. In time, a rule, known as stare decisis (also commonly known as precedent) developed, whereby a judge would be bound to follow the decision of an earlier judge; he was required to adopt the earlier judge's interpretation of the law and apply the same principles promulgated by that earlier judge if the two cases had similar facts to one another. Once judges began to regard each other's decisions to be binding precedent,
17646-542: The deep body of law in Delaware on these issues. On the other hand, some other jurisdictions have sufficiently developed bodies of law so that parties have no real motivation to choose the law of a foreign jurisdiction (for example, England and Wales, and the state of California), but not yet so fully developed that parties with no relationship to the jurisdiction choose that law. Outside the United States, parties that are in different jurisdictions from each other often choose
17819-435: The development of the role of the papacy in the subsequent church". These roles, Brown says, "contributed enormously to seeing the bishop of Rome, the bishop of the city where Peter died and where Paul witnessed the truth of Christ, as the successor of Peter in care for the church universal". Conditions in the Roman Empire facilitated the spread of new ideas. The empire's network of roads and waterways facilitated travel, and
17992-554: The driving force behind the Counter-Reformation in response to the Protestant movement. Doctrinally, it reaffirmed central Catholic teachings such as transubstantiation and the requirement for love and hope as well as faith to attain salvation. In subsequent centuries, Catholicism spread widely across the world, in part through missionaries and imperialism , although its hold on European populations declined due to
18165-485: The early 20th century, common law was widely considered to derive its authority from ancient Anglo-Saxon customs. Well into the 19th century, common law was still defined as an ancient, unwritten law in legal dictionaries including Bouvier's Law Dictionary and Black's Law Dictionary . The term "judge-made law" was introduced by Jeremy Bentham as a criticism of this pretense of the legal profession but acceptance of William Blackstone 's declaratory theory of common law
18338-735: The eighth-century Gregory III . Francis has made efforts to further close Catholicism's estrangement with the Eastern churches. His installation was attended by Patriarch Bartholomew I of Constantinople of the Eastern Orthodox Church, the first time since the Great Schism of 1054 that the Eastern Orthodox Ecumenical Patriarch of Constantinople has attended a papal installation, while he also met Patriarch Kirill of Moscow , head of
18511-494: The emergence of a consensus from a multitude of particularized prior decisions". Justice Cardozo noted the "common law does not work from pre-established truths of universal and inflexible validity to conclusions derived from them deductively", but "[i]ts method is inductive, and it draws its generalizations from particulars". The common law is more malleable than statutory law. First, common law courts are not absolutely bound by precedent, but can (when extraordinarily good reason
18684-698: The empire's capital. As a result of Islamic domination of the Mediterranean , the Frankish state, centred away from that sea, was able to evolve as the dominant power that shaped the Western Europe of the Middle Ages. The battles of Toulouse and Poitiers halted the Islamic advance in the West and the failed siege of Constantinople halted it in the East. Two or three decades later, in 751,
18857-455: The final breach. In this age great gothic cathedrals in France were an expression of popular pride in the Christian faith. In the early 13th century mendicant orders were founded by Francis of Assisi and Dominic de Guzmán . The studia conventualia and studia generalia of the mendicant orders played a large role in the transformation of church-sponsored cathedral schools and palace schools, such as that of Charlemagne at Aachen , into
19030-605: The general public. After the American Revolution, Massachusetts became the first state to establish an official Reporter of Decisions. As newer states needed law, they often looked first to the Massachusetts Reports for authoritative precedents as a basis for their own common law. The United States federal courts relied on private publishers until after the Civil War, and only began publishing as
19203-454: The government. Eyres (a Norman French word for judicial circuit, originating from Latin iter ) are more than just courts; they would supervise local government, raise revenue, investigate crimes, and enforce feudal rights of the king. There were complaints of the eyre of 1198 reducing the kingdom to poverty and Cornishmen fleeing to escape the eyre of 1233. Henry II's creation of a powerful and unified court system, which curbed somewhat
19376-419: The gradual change that typifies evolution of the common law is the gradual change in liability for negligence. The traditional common law rule through most of the 19th century was that a plaintiff could not recover for a defendant's negligent production or distribution of a harmful instrumentality unless the two were parties to a contract ( privity of contract ). Thus, only the immediate purchaser could recover for
19549-529: The growth of religious scepticism during and after the Enlightenment. From the 17th century onward, the Enlightenment questioned the power and influence of the Catholic Church over Western society. In the 18th century, writers such as Voltaire and the Encyclopédistes wrote biting critiques of both religion and the Catholic Church. One target of their criticism was the 1685 revocation of
19722-531: The independence of papal office by abolishing the veto of Catholic powers in papal elections, and his successors Benedict XV (1914–1922) and Pius XI (1922–1939) concluded the modern independence of the Vatican State within Italy. Benedict XV was elected at the outbreak of the First World War . He attempted to mediate between the powers and established a Vatican relief office, to assist victims of
19895-551: The kidnapping of the Pope and his internment in Germany. He gave SS General Wolff a corresponding order to prepare for the action. While Pope Pius XII has been credited with helping to save hundreds of thousands of Jews during the Holocaust , the church has also been accused of having encouraged centuries of antisemitism by its teachings and not doing enough to stop Nazi atrocities. Many Nazi criminals escaped overseas after
20068-591: The largest Eastern Orthodox church, in 2016; this was reported as the first such high-level meeting between the two churches since the Great Schism of 1054. In 2017 during a visit in Egypt , Pope Francis reestablished mutual recognition of baptism with the Coptic Orthodox Church . The Catholic Church follows an episcopal polity , led by bishops who have received the sacrament of Holy Orders who are given formal jurisdictions of governance within
20241-508: The late 1660s, Vinding's friend Peder Schumacher was appointed as Assessor both to the State College and the Supreme Court. He used his influence with the King to get Vinding's draft approved, so Vinding by a secret order on March 11, 1669, was given the task of drafting the new body of laws, Corpus juris Danici . By the end of 1669, Vinding put forth his suggestions, which was an updated version of his earlier Codex Fredericus , but with
20414-550: The late 16th century. Further, some will refer to the Latin Church as Roman Catholic in distinction from the Eastern Catholic churches. "Roman Catholic" has occasionally appeared also in documents produced both by the Holy See, and notably used by certain national episcopal conferences and local dioceses. The name Catholic Church for the whole church is used in the Catechism of the Catholic Church (1990) and
20587-486: The law is" in a given situation. First, one must ascertain the facts. Then, one must locate any relevant statutes and cases. Then one must extract the principles, analogies and statements by various courts of what they consider important to determine how the next court is likely to rule on the facts of the present case. More recent decisions, and decisions of higher courts or legislatures carry more weight than earlier cases and those of lower courts. Finally, one integrates all
20760-537: The law of England and Wales, particularly when the parties are each in former British colonies and members of the Commonwealth. The common theme in all cases is that commercial parties seek predictability and simplicity in their contractual relations, and frequently choose the law of a common law jurisdiction with a well-developed body of common law to achieve that result. Likewise, for litigation of commercial disputes arising out of unpredictable torts (as opposed to
20933-538: The law of the Jyske Lov was instead resolved by the enactment of the Danish Law under the rule of Christian V . Some have made claims about its "progressive" character compared to the Europe of its time, in particular progressive nature of Danish law is reflected in the law of inheritance，made according to Peder Lassen's proposal. The Lov outlawed “ crimes against nature “( Danish : omgængelse mod naturen ),
21106-429: The law, and describe how the conflict is to be solved. However, the rules of procedure are broad. Immediately after gaining absolute power King Frederick III appointed a commission to scrutinize the laws of the kingdom, to identify laws that were in conflict with the absolute power of the king and to work out a new procedure for the administration of justice. The Danish Code is seen as being born of necessity, as justice
21279-422: The legislative process is very difficult to get started, as the work begins much earlier than just introducing a bill. Once the legislation is introduced, the process to getting it passed is long, involving the committee system, debate, the potential of conference committee, voting, and President approval. Because of the involved process, many pieces must fall into place in order for it to be passed. One example of
21452-420: The legislature has had the foresight and diligence to address the precise set of facts applicable to a particular situation. For that reason, civil law statutes tend to be somewhat more detailed than statutes written by common law legislatures—but, conversely, that tends to make the statute more difficult to read. The common law—so named because it was "common" to all the king's courts across England—originated in
21625-473: The lines drawn and reasons given, and determines "what the law is". Then, one applies that law to the facts. In practice, common law systems are considerably more complicated than the simplified system described above. The decisions of a court are binding only in a particular jurisdiction , and even within a given jurisdiction, some courts have more power than others. For example, in most jurisdictions, decisions by appellate courts are binding on lower courts in
21798-571: The main purpose, which since the Third Law Committee was to compile already existing laws into a more useful format. Thus, the Danish Code only treated new areas to a limited extent. The enactment of the Danish law is a milestone in the history of law in Denmark and even in Northern Europe, being notable in the evolution of the Danish legal system from medieval law to the modern legal system. The codification of Danish law had
21971-475: The manufacturer of an elevator; in Davies v. Pelham Hod Elevating Co. (65 Hun, 573; affirmed in this court without opinion, 146 N. Y. 363) to a contractor who furnished a defective rope with knowledge of the purpose for which the rope was to be used. We are not required at this time either to approve or to disapprove the application of the rule that was made in these cases. It is enough that they help to characterize
22144-577: The mid-6th century by Emperor Justinian I as the pentarchy of Rome, Constantinople , Antioch , Jerusalem and Alexandria . In 451 the Council of Chalcedon , in a canon of disputed validity, elevated the see of Constantinople to a position "second in eminence and power to the bishop of Rome". From c. 350 – c. 500 , the bishops, or popes, of Rome, steadily increased in authority through their consistent intervening in support of orthodox leaders in theological disputes, which encouraged appeals to them. Emperor Justinian , who in
22317-472: The more controversial clauses of the Constitutions of Clarendon . Henry nevertheless continued to exert influence in any ecclesiastical case which interested him and royal power was exercised more subtly with considerable success. The English Court of Common Pleas was established after Magna Carta to try lawsuits between commoners in which the monarch had no interest. Its judges sat in open court in
22490-424: The most important factor in the boundary would be the nature of the thing sold and the foreseeable uses that downstream purchasers would make of the thing. The example of the evolution of the law of negligence in the preceding paragraphs illustrates two crucial principles: (a) The common law evolves, this evolution is in the hands of judges, and judges have "made law" for hundreds of years. (b) The reasons given for
22663-741: The new colonies. In 1521 the Portuguese explorer Ferdinand Magellan made the first Catholic converts in the Philippines . Elsewhere, Portuguese missionaries under the Spanish Jesuit Francis Xavier evangelized in India, China, and Japan. The French colonization of the Americas beginning in the 16th century established a Catholic francophone population and forbade non-Catholics to settle in Quebec . In 1415, Jan Hus
22836-458: The numerous visual artists sponsored by the church. Historian Paul Legutko of Stanford University said the Catholic Church is "at the center of the development of the values, ideas, science, laws, and institutions which constitute what we call Western civilization ". In Western Christendom , the first universities in Europe were established by monks. Beginning in the 11th century, several older cathedral schools became universities, such as
23009-577: The official court records for the Courts of Common Pleas and King's Bench, were written in Latin. The rolls were made up in bundles by law term: Hilary, Easter, Trinity, and Michaelmas, or winter, spring, summer, and autumn. They are currently deposited in the UK National Archives , by whose permission images of the rolls for the Courts of Common Pleas, King's Bench, and Exchequer of Pleas, from
23182-594: The old decision is right, and that it is not sufficiently wrong to be overruled. In the jurisdictions of England and Wales and of Northern Ireland , since 2009, the Supreme Court of the United Kingdom has the authority to overrule and unify criminal law decisions of lower courts; it is the final court of appeal for civil law cases in all three of the UK jurisdictions, but not for criminal law cases in Scotland, where
23355-406: The oldest multinational organization in the world. The hierarchy of the Catholic Church is headed by the pope, currently Pope Francis , who was elected on 13 March 2013 by a papal conclave . The office of the pope is known as the papacy . The Catholic Church holds that Christ instituted the papacy upon giving the keys of Heaven to Saint Peter . His ecclesiastical jurisdiction is called
23528-620: The ordinary usage to be contemplated by the vendor". However, held the Cadillac court, "one who manufactures articles dangerous only if defectively made, or installed, e.g., tables, chairs, pictures or mirrors hung on the walls, carriages, automobiles, and so on, is not liable to third parties for injuries caused by them, except in case of willful injury or fraud". Finally, in the famous case of MacPherson v. Buick Motor Co. , in 1916, Judge Benjamin Cardozo for New York's highest court pulled
23701-457: The period of absolute monarchy in Denmark. This enactment followed in form the moves made by many European absolute monarchies at the time, in the desire to create a separate, independent and centralised body of law in the Kingdom and ‘nation’ (with a somewhat different understanding of the latter term than had sometimes later been used). However, Stig Iuul holds that earlier legislation deserves
23874-683: The pope receives ambassadors of states and sends them his own diplomatic representatives. The Holy See also confers orders, decorations and medals , such as the orders of chivalry originating from the Middle Ages . While the famous Saint Peter's Basilica is located in Vatican City, above the traditional site of Saint Peter's tomb , the papal cathedral for the Diocese of Rome is the Archbasilica of Saint John Lateran , located within
24047-533: The power of canonical (church) courts, brought him (and England) into conflict with the church, most famously with Thomas Becket , the Archbishop of Canterbury . The murder of the archbishop gave rise to a wave of popular outrage against the King. International pressure on Henry grew, and in May 1172 he negotiated a settlement with the papacy in which the King swore to go on crusade as well as effectively overturned
24220-412: The practices of the Catholic Church, allowing the Mass to be said in the vernacular (local language) and encouraging "fully conscious, and active participation in liturgical celebrations". It intended to engage the church more closely with the present world ( aggiornamento ), which was described by its advocates as an "opening of the windows". In addition to changes in the liturgy, it led to changes to
24393-670: The practices of the courts of the English kings in the centuries following the Norman Conquest in 1066. Prior to the Norman Conquest, much of England's legal business took place in the local folk courts of its various shires and hundreds . A variety of other individual courts also existed across the land: urban boroughs and merchant fairs held their own courts, and large landholders also held their own manorial and seigniorial courts as needed. The degree to which common law drew from earlier Anglo-Saxon traditions such as
24566-420: The pre-Norman system of local customs and law varying in each locality was replaced by a system that was (at least in theory, though not always in practice) common throughout the whole country, hence the name "common law". The king's object was to preserve public order, but providing law and order was also extremely profitable – cases on forest use as well as fines and forfeitures can generate "great treasure" for
24739-540: The presentation of evidence , a distinguishing factor from today's civil and criminal court systems. At the time, royal government centered on the Curia Regis (king's court), the body of aristocrats and prelates who assisted in the administration of the realm and the ancestor of Parliament , the Star Chamber , and Privy Council . Henry II developed the practice of sending judges (numbering around 20 to 30 in
24912-683: The preservation and transmission of ancient culture. During this period, monastic Ireland became a centre of learning and early Irish missionaries such as Columbanus and Columba spread Christianity and established monasteries across continental Europe. The Catholic Church was the dominant influence on Western civilization from Late Antiquity to the dawn of the modern age. It was the primary sponsor of Romanesque, Gothic, Renaissance, Mannerist and Baroque styles in art, architecture and music. Renaissance figures such as Raphael , Michelangelo , Leonardo da Vinci , Botticelli , Fra Angelico , Tintoretto , Titian , Bernini and Caravaggio are examples of
25085-462: The prominent universities of Europe. Scholastic theologians and philosophers such as the Dominican priest Thomas Aquinas studied and taught at these studia. Aquinas' Summa Theologica was an intellectual milestone in its synthesis of the legacy of ancient Greek philosophers such as Plato and Aristotle with the content of Christian revelation. A growing sense of church-state conflicts marked
25258-444: The prospective choice of law clauses in contracts discussed in the previous paragraph), certain jurisdictions attract an unusually high fraction of cases, because of the predictability afforded by the depth of decided cases. For example, London is considered the pre-eminent centre for litigation of admiralty cases. This is not to say that common law is better in every situation. For example, civil law can be clearer than case law when
25431-458: The purpose of establishing royal prestige by Frederick III and Christian V. It was partly addressed at regarding economic development and centralisation in Denmark, by creation of a more encompassing single, authorized statutory text. The Danish judicial area was previously divided into Jutland and Zealand . Specifically, the contradiction between what most tend to call the ‘civil’ and ‘commercial’ or ‘private’ law represented by Scanian Law and
25604-435: The same jurisdiction, and on future decisions of the same appellate court, but decisions of lower courts are only non-binding persuasive authority. Interactions between common law, constitutional law , statutory law and regulatory law also give rise to considerable complexity. Oliver Wendell Holmes Jr. cautioned that "the proper derivation of general principles in both common and constitutional law ... arise gradually, in
25777-590: The schism was reconciled, unresolved issues would lead to further division. In the 11th century, the efforts of Hildebrand of Sovana led to the creation of the College of Cardinals to elect new popes, starting with Pope Alexander II in the papal election of 1061 . When Alexander II died, Hildebrand was elected to succeed him, as Pope Gregory VII . The basic election system of the College of Cardinals which Gregory VII helped establish has continued to function into
25950-569: The sick, the poor, and the afflicted through the corporal and spiritual works of mercy . The Catholic Church operates tens of thousands of Catholic schools, universities and colleges , hospitals , and orphanages around the world, and is the largest non-government provider of education and health care in the world. Among its other social services are numerous charitable and humanitarian organizations. The Catholic Church has profoundly influenced Western philosophy , culture , art , literature , music , law , and science . Catholics live all over
26123-435: The statute did not affirmatively require statutory solemnization and was silent as to preexisting common law. Court decisions that analyze, interpret and determine the fine boundaries and distinctions in law promulgated by other bodies are sometimes called "interstitial common law," which includes judicial interpretation of fundamental laws, such as the US Constitution , of legislative statutes, and of agency regulations , and
26296-411: The statute must "speak directly" to the question addressed by the common law. Mobil Oil Corp. v. Higginbotham , 436 U. S. 618, 625 (1978); Milwaukee v. Illinois , 451 U. S. 304, 315 (1981). As another example, the Supreme Court of the United States in 1877, held that a Michigan statute that established rules for solemnization of marriages did not abolish pre-existing common-law marriage , because
26469-758: The style of reasoning inherited from the English legal system. Today, one-third of the world's population lives in common law jurisdictions or in mixed legal systems that combine the common law with the civil law, including Antigua and Barbuda, Australia , The Bahamas , Bangladesh, Barbados, Belize, Botswana, Cameroon, Canada (both the federal system and all its provinces except Quebec), Cyprus , Dominica, Fiji, Ghana, Grenada, Guyana, Hong Kong , India , Ireland , Israel , Jamaica, Kenya, Liberia, Malaysia , Malta , Marshall Islands, Micronesia, Myanmar, Namibia, Nauru, New Zealand , Nigeria, Pakistan , Palau, Papua New Guinea, Philippines, Sierra Leone, Singapore , South Africa , Sri Lanka , Trinidad and Tobago,
26642-551: The suggestions, the Second Law Committee was expanded with four jurists from the State College, after which the work began to decline once again. A third Committee was established on February 23, 1666, consisting of Peder Lassen, Vice Treasurer Holger Vind , State College Assessor Kristoffer Parsberg and Supreme Court judge Rasmus Vinding . The new Committee reflected the influence of statesman Peder Schumacher (Count Griffenfeld after his ennoblement), as both Parsberg and Vinding were his close friends. The third Committee started off
26815-521: The term "bishop of Rome" to the most prominent members of the clergy in the earlier period and also to Peter himself. On this basis protestant scholars Oscar Cullmann , Henry Chadwick , and Bart D. Ehrman question whether there was a formal link between Peter and the modern papacy. Raymond E. Brown also says that it is anachronistic to speak of Peter in terms of local bishop of Rome, but that Christians of that period would have looked on Peter as having "roles that would contribute in an essential way to
26988-412: The thirteenth century has been traced to Bracton 's On the Laws and Customs of England and led to the yearly compilations of court cases known as Year Books , of which the first extant was published in 1268, the same year that Bracton died. The Year Books are known as the law reports of medieval England, and are a principal source for knowledge of the developing legal doctrines, concepts, and methods in
27161-406: The three clergymen bishop Hans Bagger , Royal Confessor Hans Leth and professor in theology Kristian Nold . Work in the committee broke down, mainly because of the clergymen who unsuccessfully tried to demolish the committee. The sticking point was the rights of confession of foreigners living in Denmark, especially the exiled French Huguenots . Fourth Committee: The drawn out arguments caused
27334-405: The trend of judicial thought. We hold, then, that the principle of Thomas v. Winchester is not limited to poisons, explosives, and things of like nature, to things which in their normal operation are implements of destruction. If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger. Its nature gives warning of
27507-427: The urgent request of Pope Stephen, the Frankish king Pepin the Short conquered the Lombards. He then gifted the lands of the former exarchate to the pope, thus initiating the Papal States . Rome and the Byzantine East would delve into further conflict during the Photian schism of the 860s, when Photius criticized the Latin west of adding of the filioque clause after being excommunicated by Nicholas I . Though
27680-423: The war and reunite families. The interwar Pope Pius XI modernized the papacy, appointing 40 indigenous bishops and concluding fifteen concordats, including the Lateran Treaty with Italy which founded the Vatican City State . His successor Pope Pius XII led the Catholic Church through the Second World War and early Cold War . Like his predecessors, Pius XII sought to publicly maintain Vatican neutrality in
27853-463: The world . The pope , who is the bishop of Rome, is the chief pastor of the church. The Diocese of Rome , known as the Holy See , is the central governing authority of the church. The administrative body of the Holy See, the Roman Curia , has its principal offices in Vatican City , which is a small, independent city-state and enclave within the city of Rome , of which the pope is head of state . The core beliefs of Catholicism are found in
28026-418: The world through missions , immigration , diaspora , and conversions . Since the 20th century, the majority have resided in the Global South , partially due to secularization in Europe and North America. The Catholic Church shared communion with the Eastern Orthodox Church until the East–West Schism in 1054, disputing particularly the authority of the pope . Before the Council of Ephesus in AD 431,
28199-507: Was "common" to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries following the Norman Conquest in 1066. England spread the English legal system across the British Isles, first to Wales, and then to Ireland and overseas colonies ; this was continued by the later British Empire . Many former colonies retain the common law system today. These common law systems are legal systems that give great weight to judicial precedent, and to
28372-427: Was a major factor in preserving classical civilization , with its art (see Illuminated manuscript ) and literacy. Through his Rule , Benedict of Nursia ( c. 480 –543), one of the founders of Western monasticism , exerted an enormous influence on European culture through the appropriation of the monastic spiritual heritage of the early Catholic Church and, with the spread of the Benedictine tradition, through
28545-413: Was at its most intense in Poland , and Catholic resistance to Nazism took various forms. Some 2,579 Catholic clergy were sent to the Priest Barracks of Dachau Concentration Camp , including 400 Germans. Thousands of priests, nuns and brothers were imprisoned, taken to a concentration camp, tortured and murdered, including Saints Maximilian Kolbe and Edith Stein . Catholics fought on both sides in
28718-418: Was at the time administered on the basis of a large number of somewhat contradictory laws. Additionally, the division of Denmark into two judiciary areas, based on Jutland and Zealand respectively was seen as bothersome and anachronistic. On January 12, 1661, the State College ( Danish : Statskollegiet ), a governing body overseeing the workings of the government, published a report suggesting to work out
28891-529: Was burned at the stake for heresy, but his reform efforts encouraged Martin Luther , an Augustinian friar in modern-day Germany, who sent his Ninety-five Theses to several bishops in 1517. His theses protested key points of Catholic doctrine as well as the sale of indulgences , and along with the Leipzig Debate this led to his excommunication in 1521. In Switzerland , Huldrych Zwingli , John Calvin and other Protestant Reformers further criticized Catholic teachings. These challenges developed into
29064-497: Was devised as a means of compensating someone for wrongful acts known as torts , including both intentional torts and torts caused by negligence , and as developing the body of law recognizing and regulating contracts . The type of procedure practiced in common law courts is known as the adversarial system ; this is also a development of the common law. In 1154, Henry II became the first Plantagenet king. Among many achievements, Henry institutionalized common law by creating
29237-406: Was first used to describe the church in the early 2nd century. The first known use of the phrase "the catholic church" ( Greek : καθολικὴ ἐκκλησία , romanized : katholikḕ ekklēsía ) occurred in the letter written about 110 AD from Saint Ignatius of Antioch to the Smyrnaeans , which read: "Wheresoever the bishop shall appear, there let the people be, even as where Jesus may be, there
29410-410: Was largely resolved in 1415–17 at the Council of Constance , with the claimants in Rome and Pisa agreeing to resign and the third claimant excommunicated by the cardinals, who held a new election naming Martin V pope. In 1438, the Council of Florence convened, which featured a strong dialogue focussed on understanding the theological differences between the East and West, with the hope of reuniting
29583-418: Was near universal for centuries. Many notable writers, including A. V. Dicey , William Markby , Oliver Wendell Holmes , John Austin , Roscoe Pound , and Ezra Ripley Thayer , eventually adopted the modern definition of common law as "case law" or ratio decidendi , which serves as binding precedent . In a common law jurisdiction several stages of research and analysis are required to determine "what
29756-480: Was not as vehement as previously, perhaps because he tired out – Lassen had been connected with the project since its beginning 11 years earlier. Lassen's revisions to the draft are mostly corrections of misunderstandings, with very few highly negative comments. Thus, Vinding and Griffenfeld (previously Schumacher) had won the battle over the layout of the text. Second Committee: With the death of committee leader Reedz on July 10, 1674, Griffenfeld took over. He created
29929-416: Was the first bishop of Rome. Others say that the institution of the papacy is not dependent on the idea that Peter was bishop of Rome or even on his ever having been in Rome. Many scholars hold that a church structure of plural presbyters/bishops persisted in Rome until the mid-2nd century, when the structure of a single bishop and plural presbyters was adopted, and that later writers retrospectively applied
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