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Mitis Iudex: Text and Commentary

Mitis Iudex: Text and Commentary - J. C. D. Peter O. Akpoghiran

Mitis Iudex: Text and Commentary


This book is a commentary on the norms of Mitis Iudex and Mitis Iudex et Misericors as well as on the others norms of Code of Canon Law which pertain to the process for the declaration of marriage nullity. You find in this book extensive materials pertaining to the revised matrimonial law procedures. Some of the main principles that guided the reform were to streamline process for handling cases of marriage nullity, to preserve the doctrine of the indissolubility of marriage, and to bring the Church close to those number of faithful who, while wishing to be at peace with their conscience, are too often separated from the legal structures of the Churches due to physical or moral distance. Charity and mercy, therefore, require that the Church, as a mother, to be closer to her children who consider themselves alienated from the Church on account of their marital status. These are some of the themes discussed in this book.This book also revises and incorporates materials from other books published by this author on marriage nullity process. This book puts the norms of Mitis Iudex and Mitis Iudex et Misericors within the larger context of the Latin rite and Eastern rites Codes on the process for the declaration of marriage nullity. As almost every lawyer knows, justice cannot be done to the interpretation or explanation of a single canon or norm of law without referring, in most cases, to related canons. "Ecclesiastical laws must be understood in accord with the proper meaning of the words considered in their text and context. If the meaning remains doubtful and obscure, recourse must be made to parallel places, if there are such, to the purpose and circumstances of the law, and to the mind of the legislator." (c. 17). Therefore, you will find in this book extensive references and citations to other parts of the law that pertain to the Mitis Iudex canon under discussion.
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This book is a commentary on the norms of Mitis Iudex and Mitis Iudex et Misericors as well as on the others norms of Code of Canon Law which pertain to the process for the declaration of marriage nullity. You find in this book extensive materials pertaining to the revised matrimonial law procedures. Some of the main principles that guided the reform were to streamline process for handling cases of marriage nullity, to preserve the doctrine of the indissolubility of marriage, and to bring the Church close to those number of faithful who, while wishing to be at peace with their conscience, are too often separated from the legal structures of the Churches due to physical or moral distance. Charity and mercy, therefore, require that the Church, as a mother, to be closer to her children who consider themselves alienated from the Church on account of their marital status. These are some of the themes discussed in this book.This book also revises and incorporates materials from other books published by this author on marriage nullity process. This book puts the norms of Mitis Iudex and Mitis Iudex et Misericors within the larger context of the Latin rite and Eastern rites Codes on the process for the declaration of marriage nullity. As almost every lawyer knows, justice cannot be done to the interpretation or explanation of a single canon or norm of law without referring, in most cases, to related canons. "Ecclesiastical laws must be understood in accord with the proper meaning of the words considered in their text and context. If the meaning remains doubtful and obscure, recourse must be made to parallel places, if there are such, to the purpose and circumstances of the law, and to the mind of the legislator." (c. 17). Therefore, you will find in this book extensive references and citations to other parts of the law that pertain to the Mitis Iudex canon under discussion.
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