Legal implications of apostasy in Canon Law

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veritas82

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Pax vobisum one and all 🙂

I am to conduct a research masters at Edinburgh University (Sccotland, UK) on the history of legal philosophy. The specific aim is to: ‘examine the concept of apostasy in the high medieval period (1100CE to 1350CE) by comparing the notion in both Western and Muslim Legal Thought.’ Might there be any historian or Canon Lawyer out there that may be able to help? Generally I feel the RC Chuch gets a very bad press, certainly as a result of the reformation, so it would be aimed at really trying to understand the rationale for such a ruling. Presently I have read a few books and am brushing up on my Arabic and starting to learn Latin. Could anyone suggest areas to investigate or some detailed books or court proceedings available? Anything offered would be gratefully received. Thank-you

Deo valenti 🙂

Mustafa
 
During that period Pope Celestine III allowed the dissolution of a consummated sacramental marriage due to the apostasy of one of the spouses (see here, Decretales Gregorii IX, Liber III, Titulus XXXIII, De Conversione Infidelium, Cap. I), with the next Pope Innocent III disapproving of this decision.
 
Thanks Just Lurking… What is a professional mathematician? I’m a maths teacher, could that be classed as one? 🙂

Interesting link and comments thank-you. Latin still not up to scrath yet, so I’ll have to wait to unncover the details of your link.

Disagreement is certainly a point of interest. Why would they differ? I sort of understand sacrement as an indelible mark of grace and therefore could see why a marriage would not, therefore be nullified. Anyone know why? Certainly in the Muslim tradition the marriage would be nullified if the spouse flat refused to return (though given some period if the offending spouse returned then their marriage contract would stand), but then Muslims have a different concept of marriage.

Anyway, please keep them coming 🙂
 
I used to teach, but now I do research 100% of the time.

I started another thread here a while back to discuss Pope Celestine’s decision. Post 25 there provides some more historical context.
 
An interesting thread, thank-you 🙂 So I understood the gist of it was that Pope Celestine III made a mistake on this point and went against a defined statement of the Church, which would make sense given what I know. I am certainly going to have to look more closely into the concept of marriage as there are many legal implications relative to apostasy. The liking of apostasy to adultery by Augustine - up to now which I had been unaware of - adds a new dimension not to mention a deeper understanding of the aetiology of the word infidelity.

On a slight change of subject. There seemed to be a new definition of apostasy in the 12th Century after - what is known as - the Papal Revolution. Apostasy went from being punished by a sort of banishment to execution with possibly the addition of chastisement. The legal system was meant to reflect purgatory, as I understand it. So why the change?
 
Maybe someone else can help with the Papal Revolution question. The online Catholic encyclopedia has an entry for apostasy (see here) that might be worth looking into. The newer edition is only available in print, but it is worth consulting too as it sometimes has quite a different take on things than the older one.
 
I have read the Catholic Encyclopeida entry for apostasy and heresy thanks 🙂 I didn’t realise there was a more recent update. Anyone have it?

So what interest do you have in all this? 🙂
 
I’ve seen the newer editions of the Catholic Encyclopedia in the reference sections of various libraries, but I don’t have access to a copy now.

My wife is Catholic, from a big Catholic family, so I have learned a bit about Catholicism over the years.
 
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