earticle

논문검색

보편공의회의 파문 법령 분석

원문정보

The Interpretation of Excommunicationin the Canons of General Councils

장준철

피인용수 : 0(자료제공 : 네이버학술정보)

초록

영어

Since 11th century, as the church reform movements and collection of canon laws progressed, it was imperative to clarify the essential legal managements and prosecutions for the means of maintaining the christian society. Canons in relation to the characteristics of excommunication emerged from the Second Lateran Council in 1139. The Fourth Lateran Council in 1215 refers to the procedures and characteristics of excommunications in detail. Consequently, it becomes possible to precisely organize substantial notion of excommunication through the general councils after 11th century. Therefore, It was especially necessary to scrutinize and apply the essence of Anathema and Excommunicatio, the most powerful punishment in canon law, through the canons of general councils.
The excommunication can be divided into Anathema and Excommunicatio, in which Excommunicatio is the generally perceived medicinal penalty. Anathema in essential is not a medicinal penalty because it is a punishment of the unforgiven whose souls are condemned to be thrown to Satan.
In the general sentence of excommunication, the offender is given several warnings after the confirmation of the crime. The ecclesiastical forum finally sentences excommunication as long as the offender does not repent and resists obstinately. Canon 15 of the Second Lateran Council, however, mentions the automatic excommunication only by the law itself without practicing any formalities of judicial procedures such as warnings anathema, excommunication, general councils, canon law, ecclesiastical discipline or sentences. The automatic excommunication is a unique procedure of excommunication in the late medieval ages distinguished from the canons of ancient general councils which did not develop this concept yet.
Besides, the efforts to clarify the legal effects and issues relating to excommunication is distinctively found in the canons of general councils. It implies that while excommunication was the most powerful punishment of the church, it was concomitant with the other social disadvantages. The church tried to keep its authority by separating persons who have been excommunicated, from the christian society, and by depriving them of legal rights. The accompanying effects of excommunication such as infamy, depriving the right to argue or the right of petition in a law suit, and complete dismantling of feudal rights of rulers and lords brought a devastating result leading them to a state of death.

목차

Ⅰ. 머리말
 Ⅱ. 아나테마(anathema)와엑스코뮤니카티오(excommunicatio)
 Ⅲ. 자동파문(excommunicatio latae sententiae)
 Ⅳ. 파문의 절차와 부수적 효력
 Ⅴ. 맺음말
 
 <참고문헌>

저자정보

  • 장준철 Chun-Chul Chang. 원광대학교

참고문헌

자료제공 : 네이버학술정보

    함께 이용한 논문

      ※ 기관로그인 시 무료 이용이 가능합니다.

      • 7,300원

      0개의 논문이 장바구니에 담겼습니다.