Law is a system of rules and guidelines, usually enforced through a set of institutions. Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Property law defines rights and obligations related to the transfer and title of personal and real property. Trust law applies to assets held for investment and financial security, while tort law allows claims for compensation if a person's rights or property are harmed. If the harm is criminalised in legislation or case law, criminal law offers means by which the state can prosecute the perpetrator. Constitutional law provides a framework for the creation of law, the protection of human rights and the election of political representatives. Administrative law is used to review the decisions of government agencies, while international law governs affairs between sovereign states in activities ranging from trade to environmental regulation or military action.
Legal systems elaborate rights and responsibilities in a variety of ways. A general distinction can be made between civil law jurisdictions, which codify their laws, and common law systems, where judge made law is not consolidated. In some countries, religion informs the law. Law provides a rich source of scholarly inquiry, into legal history, philosophy, economic analysis or sociology. Law also raises important and complex issues concerning equality, fairness and justice. "In its majestic equality", said the author Anatole France in 1894, "the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread." In a typical democracy, the central institutions for interpreting and creating law are the three main branches of government, namely an impartial judiciary, a democratic legislature, and an accountable executive.
The English word ''law'' is derived from the Old English word ''lagu'' which in turn comes from the Old Norse word ''lagu'' the plural of ''lag'' meaning something laid down or fixed. The word ''legal'' comes from the Latin word ''legalis'', from ''lex'' "law", "statute".
International law can refer to three things: public international law, private international law or conflict of laws and the law of supranational organisations.
Public international law concerns relationships between sovereign nations. The sources for public international law development are custom, practice and treaties between sovereign nations, such as the Geneva Conventions. Public international law can be formed by international organisations, such as the United Nations (which was established after the failure of the League of Nations to prevent the Second World War), the International Labour Organisation, the World Trade Organisation, or the International Monetary Fund. Public international law has a special status as law because there is no international police force, and courts (e.g. the International Court of Justice as the primary UN judicial organ) lack the capacity to penalise disobedience. However, a few bodies, such as the WTO, have effective systems of binding arbitration and dispute resolution backed up by trade sanctions.
Conflict of laws (or "private international law" in civil law countries) concerns which jurisdiction a legal dispute between private parties should be heard in and which jurisdiction's law should be applied. Today, businesses are increasingly capable of shifting capital and labour supply chains across borders, as well as trading with overseas businesses, making the question of which country has jurisdiction even more pressing. Increasing numbers of businesses opt for commercial arbitration under the New York Convention 1958.
European Union law is the first and, so far, only example of a supranational legal framework. Given the trend of increasing global economic integration, many regional agreements—especially the Union of South American Nations—are on track to follow the same model. In the EU, sovereign nations have gathered their authority in a system of courts and political institutions. These institutions are allowed the ability to enforce legal norms both against or for member states and citizens in a manner which is not possible through public international law. As the European Court of Justice said in the 1960s, European Union law constitutes "a new legal order of international law" for the mutual social and economic benefit of the member states.
Constitutional and administrative law govern the affairs of the state. Constitutional law concerns both the relationships between the executive, legislature and judiciary and the human rights or civil liberties of individuals against the state. Most jurisdictions, like the United States and France, have a single codified constitution with a bill of rights. A few, like the United Kingdom, have no such document. A "constitution" is simply those laws which constitute the body politic, from statute, case law and convention. A case named ''Entick v Carrington'' illustrates a constitutional principle deriving from the common law. Mr Entick's house was searched and ransacked by Sheriff Carrington. When Mr Entick complained in court, Sheriff Carrington argued that a warrant from a Government minister, the Earl of Halifax, was valid authority. However, there was no written statutory provision or court authority. The leading judge, Lord Camden, stated that,
The great end, for which men entered into society, was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole ... If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment.
The fundamental constitutional principle, inspired by John Locke, holds that the individual can do anything but that which is forbidden by law, and the state may do nothing but that which is authorised by law. Administrative law is the chief method for people to hold state bodies to account. People can apply for judicial review of actions or decisions by local councils, public services or government ministries, to ensure that they comply with the law. The first specialist administrative court was the ''Conseil d'État'' set up in 1799, as Napoleon assumed power in France.
Examples of crimes include murder, assault, fraud and theft. In exceptional circumstances defences can apply to specific acts, such as killing in self defence, or pleading insanity. Another example is in the 19th century English case of ''R v Dudley and Stephens'', which tested a defence of "necessity". The ''Mignonette'', sailing from Southampton to Sydney, sank. Three crew members and Richard Parker, a 17 year old cabin boy, were stranded on a raft. They were starving and the cabin boy was close to death. Driven to extreme hunger, the crew killed and ate the cabin boy. The crew survived and were rescued, but put on trial for murder. They argued it was necessary to kill the cabin boy to preserve their own lives. Lord Coleridge, expressing immense disapproval, ruled, "to preserve one's life is generally speaking a duty, but it may be the plainest and the highest duty to sacrifice it." The men were sentenced to hang, but public opinion was overwhelmingly supportive of the crew's right to preserve their own lives. In the end, the Crown commuted their sentences to six months in jail.
Criminal law offences are viewed as offences against not just individual victims, but the community as well. The state, usually with the help of police, takes the lead in prosecution, which is why in common law countries cases are cited as "''The People'' v ..." or "''R'' (for Rex or Regina) v ..." Also, lay juries are often used to determine the guilt of defendants on points of fact: juries cannot change legal rules. Some developed countries still condone capital punishment for criminal activity, but the normal punishment for a crime will be imprisonment, fines, state supervision (such as probation), or community service. Modern criminal law has been affected considerably by the social sciences, especially with respect to sentencing, legal research, legislation, and rehabilitation. On the international field, 111 countries are members of the International Criminal Court, which was established to try people for crimes against humanity.
Contract law concerns enforceable promises, and can be summed up in the Latin phrase ''pacta sunt servanda'' (agreements must be kept). In common law jurisdictions, three key elements to the creation of a contract are necessary: offer and acceptance, consideration and the intention to create legal relations. In ''Carlill v Carbolic Smoke Ball Company'' a medical firm advertised that its new wonder drug, the smokeball, would cure people's flu, and if it did not, the buyers would get £100. Many people sued for their £100 when the drug did not work. Fearing bankruptcy, Carbolic argued the advert was not to be taken as a serious, legally binding offer. It was an invitation to treat, mere puff, a gimmick. But the court of appeal held that to a reasonable man Carbolic had made a serious offer. People had given good consideration for it by going to the "distinct inconvenience" of using a faulty product. "Read the advertisement how you will, and twist it about as you will", said Lord Justice Lindley, "here is a distinct promise expressed in language which is perfectly unmistakable".
"Consideration" indicates the fact that all parties to a contract have exchanged something of value. Some common law systems, including Australia, are moving away from the idea of consideration as a requirement. The idea of estoppel or ''culpa in contrahendo'', can be used to create obligations during pre-contractual negotiations. In civil law jurisdictions, consideration is not required for a contract to be binding. In France, an ordinary contract is said to form simply on the basis of a "meeting of the minds" or a "concurrence of wills". Germany has a special approach to contracts, which ties into property law. Their 'abstraction principle' (''Abstraktionsprinzip'') means that the personal obligation of contract forms separately from the title of property being conferred. When contracts are invalidated for some reason (e.g. a car buyer is so drunk that he lacks legal capacity to contract) the contractual obligation to pay can be invalidated separately from the proprietary title of the car. Unjust enrichment law, rather than contract law, is then used to restore title to the rightful owner.
Torts, sometimes called delicts, are civil wrongs. To have acted tortiously, one must have breached a duty to another person, or infringed some pre-existing legal right. A simple example might be accidentally hitting someone with a cricket ball. Under the law of negligence, the most common form of tort, the injured party could potentially claim compensation for his injuries from the party responsible. The principles of negligence are illustrated by ''Donoghue v Stevenson''. A friend of Mrs Donoghue ordered an opaque bottle of ginger beer (intended for the consumption of Mrs Donoghue) in a café in Paisley. Having consumed half of it, Mrs Donoghue poured the remainder into a tumbler. The decomposing remains of a snail floated out. She claimed to have suffered from shock, fell ill with gastroenteritis and sued the manufacturer for carelessly allowing the drink to be contaminated. The House of Lords decided that the manufacturer was liable for Mrs Donoghue's illness. Lord Atkin took a distinctly moral approach, and said,
The liability for negligence ... is no doubt based upon a general public sentiment of moral wrongdoing for which the offender must pay ... The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the lawyer's question, Who is my neighbour? receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.
This became the basis for the four principles of negligence; (1) Mr Stevenson owed Mrs Donoghue a duty of care to provide safe drinks (2) he breached his duty of care (3) the harm would not have occurred but for his breach and (4) his act was the proximate cause, or not too remote a consequence, of her harm. Another example of tort might be a neighbour making excessively loud noises with machinery on his property. Under a nuisance claim the noise could be stopped. Torts can also involve intentional acts, such as assault, battery or trespass. A better known tort is defamation, which occurs, for example, when a newspaper makes unsupportable allegations that damage a politician's reputation. More infamous are economic torts, which form the basis of labour law in some countries by making trade unions liable for strikes, when statute does not provide immunity.
This case is used to support the view of property in common law jurisdictions, that the person who can show the best claim to a piece of property, against any contesting party, is the owner. By contrast, the classic civil law approach to property, propounded by Friedrich Carl von Savigny, is that it is a right good against the world. Obligations, like contracts and torts are conceptualised as rights good between individuals. The idea of property raises many further philosophical and political issues. Locke argued that our "lives, liberties and estates" are our property because we own our bodies and mix our labour with our surroundings.
Equity is a body of rules that developed in England separately from the "common law". The common law was administered by judges. The Lord Chancellor on the other hand, as the King's keeper of conscience, could overrule the judge made law if he thought it equitable to do so. This meant equity came to operate more through principles than rigid rules. For instance, whereas neither the common law nor civil law systems allow people to split the ownership from the control of one piece of property, equity allows this through an arrangement known as a 'trust'. 'Trustees' control property, whereas the 'beneficial' (or 'equitable') ownership of trust property is held by people known as 'beneficiaries'. Trustees owe duties to their beneficiaries to take good care of the entrusted property. In the early case of ''Keech v Sandford'' a child had inherited the lease on a market in Romford, London. Mr Sandford was entrusted to look after this property until the child matured. But before then, the lease expired. The landlord had (apparently) told Mr Sandford that he did not want the child to have the renewed lease. Yet the landlord was happy (apparently) to give Mr Sandford the opportunity of the lease instead. Mr Sandford took it. When the child (now Mr Keech) grew up, he sued Mr Sandford for the profit that he had been making by getting the market's lease. Mr Sandford was meant to be trusted, but he put himself in a position of conflict of interest. The Lord Chancellor, Lord King, agreed and ordered Mr Sandford should disgorge his profits. He wrote,
Of course, Lord King LC was worried that trustees might exploit opportunities to use trust property for themselves instead of looking after it. Business speculators using trusts had just recently caused a stock market crash. Strict duties for trustees made their way into company law and were applied to directors and chief executive officers. Another example of a trustee's duty might be to invest property wisely or sell it. This is especially the case for pension funds, the most important form of trust, where investors are trustees for people's savings until retirement. But trusts can also be set up for charitable purposes, famous examples being the British Museum or the Rockefeller Foundation.
;Law and society
;Law and commerce Company law sprang from the law of trusts, on the principle of separating ownership of property and control. The law of the modern company began with the Joint Stock Companies Act 1856, passed in the United Kingdom, which provided investors with a simple registration procedure to gain limited liability under the separate legal personality of the corporation.
;Law and regulation
Civil law is the legal system used in most countries around the world today. In civil law the sources recognised as authoritative are, primarily, legislation—especially codifications in constitutions or statutes passed by government—and custom. Codifications date back millennia, with one early example being the Babylonian ''Codex Hammurabi''. Modern civil law systems essentially derive from the legal practice of the 6th-century Eastern Roman Empire whose texts were rediscovered by late medieval Western Europe. Roman law in the days of the Roman Republic and Empire was heavily procedural, and lacked a professional legal class. Instead a lay magistrate, ''iudex'', was chosen to adjudicate. Precedents were not reported, so any case law that developed was disguised and almost unrecognised. Each case was to be decided afresh from the laws of the State, which mirrors the (theoretical) unimportance of judges' decisions for future cases in civil law systems today. From 529–534 AD the Byzantine Emperor Justinian I codified and consolidated Roman law up until that point, so that what remained was one-twentieth of the mass of legal texts from before. This became known as the ''Corpus Juris Civilis''. As one legal historian wrote, "Justinian consciously looked back to the golden age of Roman law and aimed to restore it to the peak it had reached three centuries before." The Justinian Code remained in force in the East until the fall of the Byzantine Empire. Western Europe, meanwhile, relied on a mix of the Theodosian Code and Germanic customary law until the Justinian Code was rediscovered in the 11th century, and scholars at the University of Bologna used it to interpret their own laws. Civil law codifications based closely on Roman law, alongside some influences from religious laws such as Canon law, continued to spread throughout Europe until the Enlightenment; then, in the 19th century, both France, with the ''Code Civil'', and Germany, with the ''Bürgerliches Gesetzbuch'', modernised their legal codes. Both these codes influenced heavily not only the law systems of the countries in continental Europe (e.g. Greece), but also the Japanese and Korean legal traditions. Today, countries that have civil law systems range from Russia and China to most of Central and Latin America. The United States follows the common law system described below.
Common law and equity are legal systems where decisions by courts are explicitly acknowledged to be legal sources. The "doctrine of precedent", or ''stare decisis'' (Latin for "to stand by decisions") means that decisions by higher courts bind lower courts. Common law systems also rely on statutes, passed by the legislature, but may make less of a systematic attempt to codify their laws than in a "civil law" system. Common law originated from England and has been inherited by almost every country once tied to the British Empire (except Malta, Scotland, the U.S. state of Louisiana, and the Canadian province of Quebec). In medieval England, the Norman conquest led to a unification of various tribal customs and hence a law "common" to the whole country. The common law developed when the English monarchy had been weakened by the enormous cost of fighting for control over large parts of France. King John had been forced by his barons to sign a document limiting his authority to pass laws. This "great charter" or ''Magna Carta'' of 1215 also required that the King's entourage of judges hold their courts and judgments at "a certain place" rather than dispensing autocratic justice in unpredictable places about the country. A concentrated and elite group of judges acquired a dominant role in law-making under this system, and compared to its European counterparts the English judiciary became highly centralised. In 1297, for instance, while the highest court in France had fifty-one judges, the English Court of Common Pleas had five. This powerful and tight-knit judiciary gave rise to a rigid and inflexible system of common law. As a result, as time went on, increasing numbers of citizens petitioned the King to override the common law, and on the King's behalf the Lord Chancellor gave judgment to do what was equitable in a case. From the time of Sir Thomas More, the first lawyer to be appointed as Lord Chancellor, a systematic body of equity grew up alongside the rigid common law, and developed its own Court of Chancery. At first, equity was often criticised as erratic, that it varied according to the length of the Chancellor's foot. But over time it developed solid principles, especially under Lord Eldon. In the 19th century the two systems were fused into one another. In developing the common law and equity, academic authors have always played an important part. William Blackstone, from around 1760, was the first scholar to describe and teach it. But merely in describing, scholars who sought explanations and underlying structures slowly changed the way the law actually worked.
Religious law is explicitly based on religious precepts. Examples include the Jewish Halakha and Islamic Sharia—both of which translate as the "path to follow"—while Christian canon law also survives in some church communities. Often the implication of religion for law is unalterability, because the word of God cannot be amended or legislated against by judges or governments. However a thorough and detailed legal system generally requires human elaboration. For instance, the Quran has some law, and it acts as a source of further law through interpretation, ''Qiyas'' (reasoning by analogy), ''Ijma'' (consensus) and precedent. This is mainly contained in a body of law and jurisprudence known as Sharia and Fiqh respectively. Another example is the Torah or Old Testament, in the Pentateuch or Five Books of Moses. This contains the basic code of Jewish law, which some Israeli communities choose to use. The Halakha is a code of Jewish law which summarises some of the Talmud's interpretations. Nevertheless, Israeli law allows litigants to use religious laws only if they choose. Canon law is only in use by members of the Catholic Church, the Eastern Orthodox Church and the Anglican Communion.
Until the 18th century, Sharia law was practiced throughout the Muslim world in a non-codified form, with the Ottoman Empire's Mecelle code in the 19th century being first attempt at codifying elements of Sharia law. Since the mid-1940s, efforts have been made, in country after country, to bring Sharia law more into line with modern conditions and conceptions. In modern times, the legal systems of many Muslim countries draw upon both civil and common law traditions as well as Islamic law and custom. The constitutions of certain Muslim states, such as Egypt and Afghanistan, recognise Islam as the religion of the state, obliging legislature to adhere to Sharia. Saudi Arabia recognises Quran as its constitution, and is governed on the basis of Islamic law. Iran has also witnessed a reiteration of Islamic law into its legal system after 1979. During the last few decades, one of the fundamental features of the movement of Islamic resurgence has been the call to restore the Sharia, which has generated a vast amount of literature and affected world politics.
The history of law is closely connected to the development of civilization. Ancient Egyptian law, dating as far back as 3000 BC, contained a civil code that was probably broken into twelve books. It was based on the concept of Ma'at, characterised by tradition, rhetorical speech, social equality and impartiality. By the 22nd century BC, the ancient Sumerian ruler Ur-Nammu had formulated the first law code, which consisted of casuistic statements ("if ... then ..."). Around 1760 BC, King Hammurabi further developed Babylonian law, by codifying and inscribing it in stone. Hammurabi placed several copies of his law code throughout the kingdom of Babylon as stelae, for the entire public to see; this became known as the Codex Hammurabi. The most intact copy of these stelae was discovered in the 19th century by British Assyriologists, and has since been fully transliterated and translated into various languages, including English, German, and French.
The Old Testament dates back to 1280 BC and takes the form of moral imperatives as recommendations for a good society. The small Greek city-state, ancient Athens, from about the 8th century BC was the first society to be based on broad inclusion of its citizenry, excluding women and the slave class. However, Athens had no legal science or single word for "law", relying instead on the three-way distinction between divine law (''thémis''), human decree (''nomos'') and custom (''díkē''). Yet Ancient Greek law contained major constitutional innovations in the development of democracy.
Roman law was heavily influenced by Greek philosophy, but its detailed rules were developed by professional jurists and were highly sophisticated. Over the centuries between the rise and decline of the Roman Empire, law was adapted to cope with the changing social situations and underwent major codification under Theodosius II and Justinian I. Although codes were replaced by custom and case law during the Dark Ages, Roman law was rediscovered around the 11th century when mediæval legal scholars began to research Roman codes and adapt their concepts. In mediæval England, royal courts developed a body of precedent which later became the common law. A Europe-wide Law Merchant was formed so that merchants could trade with common standards of practice rather than with the many splintered facets of local laws. The Law Merchant, a precursor to modern commercial law, emphasised the freedom to contract and alienability of property. As nationalism grew in the 18th and 19th centuries, the Law Merchant was incorporated into countries' local law under new civil codes. The Napoleonic and German Codes became the most influential. In contrast to English common law, which consists of enormous tomes of case law, codes in small books are easy to export and easy for judges to apply. However, today there are signs that civil and common law are converging. EU law is codified in treaties, but develops through the precedent laid down by the European Court of Justice.
Ancient India and China represent distinct traditions of law, and have historically had independent schools of legal theory and practice. The ''Arthashastra'', probably compiled around 100 AD (although it contains older material), and the ''Manusmriti'' (c. 100–300 AD) were foundational treatises in India, and comprise texts considered authoritative legal guidance. Manu's central philosophy was tolerance and Pluralism, and was cited across Southeast Asia. This Hindu tradition, along with Islamic law, was supplanted by the common law when India became part of the British Empire. Malaysia, Brunei, Singapore and Hong Kong also adopted the common law. The eastern Asia legal tradition reflects a unique blend of secular and religious influences. Japan was the first country to begin modernising its legal system along western lines, by importing bits of the French, but mostly the German Civil Code. This partly reflected Germany's status as a rising power in the late 19th century. Similarly, traditional Chinese law gave way to westernisation towards the final years of the Ch'ing dynasty in the form of six private law codes based mainly on the Japanese model of German law. Today Taiwanese law retains the closest affinity to the codifications from that period, because of the split between Chiang Kai-shek's nationalists, who fled there, and Mao Zedong's communists who won control of the mainland in 1949. The current legal infrastructure in the People's Republic of China was heavily influenced by Soviet Socialist law, which essentially inflates administrative law at the expense of private law rights. Due to rapid industrialisation, today China is undergoing a process of reform, at least in terms of economic, if not social and political, rights. A new contract code in 1999 represented a move away from administrative domination. Furthermore, after negotiations lasting fifteen years, in 2001 China joined the World Trade Organisation.
The philosophy of law is commonly known as jurisprudence. Normative jurisprudence is essentially political philosophy, and asks "what should law be?", while analytic jurisprudence asks "what is law?". John Austin's utilitarian answer was that law is "commands, backed by threat of sanctions, from a sovereign, to whom people have a habit of obedience". Natural lawyers on the other side, such as Jean-Jacques Rousseau, argue that law reflects essentially moral and unchangeable laws of nature. The concept of "natural law" emerged in ancient Greek philosophy concurrently and in entanglement with the notion of justice, and re-entered the mainstream of Western culture through the writings of Thomas Aquinas.
Hugo Grotius, the founder of a purely rationalistic system of natural law, argued that law arises from both a social impulse—as Aristotle had indicated—and reason. Immanuel Kant believed a moral imperative requires laws "be chosen as though they should hold as universal laws of nature". Jeremy Bentham and his student Austin, following David Hume, believed that this conflated the "is" and what "ought to be" problem. Bentham and Austin argued for law's positivism; that real law is entirely separate from "morality". Kant was also criticised by Friedrich Nietzsche, who rejected the principle of equality, and believed that law emanates from the will to power, and cannot be labelled as "moral" or "immoral".
In 1934, the Austrian philosopher Hans Kelsen continued the positivist tradition in his book the ''Pure Theory of Law''. Kelsen believed that although law is separate from morality, it is endowed with "normativity"; meaning we ought to obey it. While laws are positive "is" statements (e.g. the fine for reversing on a highway ''is'' €500); law tells us what we "should" do. Thus, each legal system can be hypothesised to have a basic norm (''Grundnorm'') instructing us to obey. Kelsen's major opponent, Carl Schmitt, rejected both positivism and the idea of the rule of law because he did not accept the primacy of abstract normative principles over concrete political positions and decisions. Therefore, Schmitt advocated a jurisprudence of the exception (state of emergency), which denied that legal norms could encompass of all political experience.
Later in the 20th century, H. L. A. Hart attacked Austin for his simplifications and Kelsen for his fictions in ''The Concept of Law''. Hart argued law is a system of rules, divided into primary (rules of conduct) and secondary ones (rules addressed to officials to administer primary rules). Secondary rules are further divided into rules of adjudication (to resolve legal disputes), rules of change (allowing laws to be varied) and the rule of recognition (allowing laws to be identified as valid). Two of Hart's students continued the debate: In his book ''Law's Empire'', Ronald Dworkin attacked Hart and the positivists for their refusal to treat law as a moral issue. Dworkin argues that law is an "interpretive concept", that requires judges to find the best fitting and most just solution to a legal dispute, given their constitutional traditions. Joseph Raz, on the other hand, defended the positivist outlook and criticised Hart's "soft social thesis" approach in ''The Authority of Law''. Raz argues that law is authority, identifiable purely through social sources and without reference to moral reasoning. In his view, any categorisation of rules beyond their role as authoritative instruments in mediation are best left to sociology, rather than jurisprudence.
In the 18th century Adam Smith presented a philosophical foundation for explaining the relationship between law and economics. The discipline arose partly out of a critique of trade unions and U.S. antitrust law. The most influential proponents, such as Richard Posner and Oliver Williamson and the so-called Chicago School of economists and lawyers including Milton Friedman and Gary Becker, are generally advocates of deregulation and privatisation, and are hostile to state regulation or what they see as restrictions on the operation of free markets.
The most prominent economic analyst of law is 1991 Nobel Prize winner Ronald Coase, whose first major article, ''The Nature of the Firm'' (1937), argued that the reason for the existence of firms (companies, partnerships, etc.) is the existence of transaction costs. Rational individuals trade through bilateral contracts on open markets until the costs of transactions mean that using corporations to produce things is more cost-effective. His second major article, ''The Problem of Social Cost'' (1960), argued that if we lived in a world without transaction costs, people would bargain with one another to create the same allocation of resources, regardless of the way a court might rule in property disputes. Coase used the example of a nuisance case named ''Sturges v Bridgman'', where a noisy sweetmaker and a quiet doctor were neighbours and went to court to see who should have to move. Coase said that regardless of whether the judge ruled that the sweetmaker had to stop using his machinery, or that the doctor had to put up with it, they could strike a mutually beneficial bargain about who moves house that reaches the same outcome of resource distribution. Only the existence of transaction costs may prevent this. So the law ought to pre-empt what ''would'' happen, and be guided by the most efficient solution. The idea is that law and regulation are not as important or effective at helping people as lawyers and government planners believe. Coase and others like him wanted a change of approach, to put the burden of proof for positive effects on a government that was intervening in the market, by analysing the costs of action.
Sociology of law is a diverse field of study that examines the interaction of law with society and overlaps with jurisprudence, economic analysis of law and more specialised subjects such as criminology. The institutions of social construction and legal frameworks are the relevant areas for the discipline's inquiry. At first, legal theorists were suspicious of the discipline. Kelsen attacked one of its founders, Eugen Ehrlich, who sought to make distinct the differences between positive law, which lawyers learn and apply, and other forms of 'law' or social norms that regulate everyday life, generally preventing conflicts from reaching lawyers and courts.
Around 1900 Max Weber defined his "scientific" approach to law, identifying the "legal rational form" as a type of domination, not attributable to people but to abstract norms. Legal rationalism was his term for a body of coherent and calculable law which formed a precondition for modern political developments and the modern bureaucratic state and developed in parallel with the growth of capitalism. Another sociologist, Émile Durkheim, wrote in ''The Division of Labour in Society'' that as society becomes more complex, the body of civil law concerned primarily with restitution and compensation grows at the expense of criminal laws and penal sanctions. Other notable early legal sociologists included Hugo Sinzheimer, Theodor Geiger, Georges Gurvitch and Leon Petrażycki in Europe, and William Graham Sumner in the U.S.
The main institutions of law in industrialised countries are independent courts, representative parliaments, an accountable executive, the military and police, bureaucratic organisation, the legal profession and civil society itself. John Locke, in his ''Two Treatises of Government'', and Baron de Montesquieu in ''The Spirit of the Laws'', advocated for a separation of powers between the political, legislature and executive bodies. Their principle was that no person should be able to usurp all powers of the state, in contrast to the absolutist theory of Thomas Hobbes' ''Leviathan''. Max Weber and others reshaped thinking on the extension of state. Modern military, policing and bureaucratic power over ordinary citizens' daily lives pose special problems for accountability that earlier writers such as Locke or Montesquieu could not have foreseen. The custom and practice of the legal profession is an important part of people's access to justice, whilst civil society is a term used to refer to the social institutions, communities and partnerships that form law's political basis.
Some countries allow their highest judicial authority to overrule legislation they determine to be unconstitutional. For example, in ''Brown v. Board of Education'', the United States Supreme Court nullified many state statutes that had established racially segregated schools, finding such statutes to be incompatible with the Fourteenth Amendment to the United States Constitution.
A judiciary is theoretically bound by the constitution, just as all other government bodies are. In most countries judges may only interpret the constitution and all other laws. But in common law countries, where matters are not constitutional, the judiciary may also create law under the doctrine of precedent. The UK, Finland and New Zealand assert the ideal of parliamentary sovereignty, whereby the unelected judiciary may not overturn law passed by a democratic legislature. In communist states, such as China, the courts are often regarded as parts of the executive, or subservient to the legislature; governmental institutions and actors exert thus various forms of influence on the judiciary. In Muslim countries, courts often examine whether state laws adhere to the Sharia: the Supreme Constitutional Court of Egypt may invalidate such laws, and in Iran the Guardian Council ensures the compatibility of the legislation with the "criteria of Islam".
To pass legislation, a majority of the members of a legislature must vote for a bill (proposed law) in each house. Normally there will be several readings and amendments proposed by the different political factions. If a country has an entrenched constitution, a special majority for changes to the constitution may be required, making changes to the law more difficult. A government usually leads the process, which can be formed from Members of Parliament (e.g. the UK or Germany). However, in a presidential system, the government is usually formed by an executive and his or her appointed cabinet officials (e.g. the United States or Brazil).
Although the role of the executive varies from country to country, usually it will propose the majority of legislation, and propose government agenda. In presidential systems, the executive often has the power to veto legislation. Most executives in both systems are responsible for foreign relations, the military and police, and the bureaucracy. Ministers or other officials head a country's public offices, such as a foreign ministry or interior ministry. The election of a different executive is therefore capable of revolutionising an entire country's approach to government.
While military organizations have existed as long as government itself, the idea of a standing police force is relatively modern concept. For example, Mediæval England's system of traveling criminal courts, or assizes, used show trials and public executions to instill communities with fear to maintain control. The first modern police were probably those in 17th-century Paris, in the court of Louis XIV, although the Paris Prefecture of Police claim they were the world's first uniformed policemen.
Max Weber famously argued that the state is that which controls the legitimate monopoly of the means of violence. The military and police carry out enforcement at the request of the government or the courts. The term failed state refers to states that cannot implement or enforce policies; their police and military no longer control security and order and society moves into anarchy, the absence of government.
The etymology of "bureaucracy" derives from the French word for "office" (''bureau'') and the Ancient Greek for word "power" (''kratos''). Like the military and police, a legal system's government servants and bodies that make up its bureaucracy carry out the directives of the executive. One of the earliest references to the concept was made by Baron de Grimm, a German author who lived in France. In 1765 he wrote,
The real spirit of the laws in France is that bureaucracy of which the late Monsieur de Gournay used to complain so greatly; here the offices, clerks, secretaries, inspectors and ''intendants'' are not appointed to benefit the public interest, indeed the public interest appears to have been established so that offices might exist.
Cynicism over "officialdom" is still common, and the workings of public servants is typically contrasted to private enterprise motivated by profit. In fact private companies, especially large ones, also have bureaucracies. Negative perceptions of "red tape" aside, public services such as schooling, health care, policing or public transport are a crucial state function making public bureaucratic action the locus of government power. Writing in the early 20th century, Max Weber believed that a definitive feature of a developed state had come to be its bureaucratic support. Weber wrote that the typical characteristics of modern bureaucracy are that officials define its mission, the scope of work is bound by rules, management is composed of career experts, who manage top down, communicating through writing and binding public servants' discretion with rules.
A corollary of the rule of law is the existence of a legal profession sufficiently autonomous to be able to invoke the authority of the independent judiciary; the right to assistance of an advocate in a court proceeding emanates from this corollary—in England the function of barrister or advocate is distinguished from legal counselor (solicitor). As the European Court of Human Rights has stated, the law should be adequately accessible to everyone and people should be able to foresee how the law affects them. In order to maintain professionalism, the practice of law is typically overseen by either a government or independent regulating body such as a bar association, bar council or law society. Modern lawyers achieve distinct professional identity through specified legal procedures (e.g. successfully passing a qualifying examination), are required by law to have a special qualification (a legal education earning the student a Bachelor of Laws, a Bachelor of Civil Law or a Juris Doctor degree), and are constituted in office by legal forms of appointment (being admitted to the bar). Most Muslim countries have developed similar rules about legal education and the legal profession, but some still allow lawyers with training in traditional Islamic law to practice law before personal status law courts. In China and other developing countries there are not sufficient professionally-trained people to staff the existing judicial systems, and, accordingly, formal standards are more relaxed.
Once accredited, a lawyer will often work in a law firm, in a chambers as a sole practitioner, in a government post or in a private corporation as an internal counsel. In addition a lawyer may become a legal researcher who provides on-demand legal research through a library, a commercial service or through freelance work. Many people trained in law put their skills to use outside the legal field entirely. Significant to the practice of law in the common law tradition is the legal research to determine the current state of the law. This usually entails exploring case-law reports, legal periodicals and legislation. Law practice also involves drafting documents such as court pleadings, persuasive briefs, contracts, or wills and trusts. Negotiation and dispute resolution skills (including ADR techniques) are also important to legal practice, depending on the field.
Classical republican concept of "civil society" dates back to Hobbes and Locke. Locke saw civil society as people who have "a common established law and judicature to appeal to, with authority to decide controversies between them." German philosopher Georg Wilhelm Friedrich Hegel distinguished the "state" from "civil society" (''burgerliche Gesellschaft'') in ''Elements of the Philosophy of Right''. Hegel believed that civil society and the state were polar opposites, within the scheme of his dialectic theory of history. The modern dipole state–civil society was reproduced in the theories of Alexis de Tocqueville and Karl Marx. Nowadays in post-modern theory civil society is necessarily a source of law, by being the basis from which people form opinions and lobby for what they believe law should be. As Australian barrister and author Geoffrey Robertson QC wrote of international law,
... one of its primary modern sources is found in the responses of ordinary men and women, and of the non-governmental organizations which many of them support, to the human rights abuses they see on the television screen in their living rooms.
Freedom of speech, freedom of association and many other individual rights allow people to gather, discuss, criticise and hold to account their governments, from which the basis of a deliberative democracy is formed. The more people are involved with, concerned by and capable of changing how political power is exercised over their lives, the more acceptable and legitimate the law becomes to the people. The most familiar institutions of civil society include economic markets, profit-oriented firms, families, trade unions, hospitals, universities, schools, charities, debating clubs, non-governmental organisations, neighbourhoods, churches, and religious associations.
; Online sources:
Category:Social sciences Category:Humanities Category:Concepts
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This text is licensed under the Creative Commons CC-BY-SA License. This text was originally published on Wikipedia and was developed by the Wikipedia community.
The following is a list of significant men and women known for being the father, mother, or considered the founders mostly in Western socities in a field, listed by category. In most non-science fields, the title of being the "father" is debatable.
Subject | Father/Mother | Reason |
Miniature wargaming | H.G. Wells | |
Shigeru Miyamoto | Creator of many successful Nintendo franchises | |
PlayStation | Ken Kutaragi | |
Role-playing game | Gary Gygax | Creator of ''Dungeons & Dragons'' |
Stealth game | Hideo Kojima | |
Video game | Ralph H. Baer | Inventor of the video game console |
Wargaming | Charles S. Roberts |
Subject | Father/Mother | Reason | ||||
Aerial warfare | Oswald Boelcke | The first to formalize rules of air fighting, which he presented as the Dicta Boelcke, also credited as being the first pilot to shoot down an aircraft. | ||||
Atomic bomb | Robert OppenheimerLeó SzilárdEnrico Fermi | |||||
Blitzkrieg | Heinz Guderian | |||||
Edward Teller | ||||||
Atomic submarine and "nuclear navy" | Hyman G. Rickover | |||||
Fourth Generation Warfare | William S. Lind | |||||
Jean-Baptiste Colbert | Built on the fleet of France inherited from Cardinal Richelieu. | |||||
Naval Special Warfare | Phil H. Bucklew | US Naval Officer and First Commanding Officer of Navy SEAL Team One | ||||
Naval tactical studies | Paul Hoste | Jesuit Professor of Mathematics at the Royal College of the Marine in Toulon; wrote ''L'Art des Armées Navales'' (1697) | ||||
Luftwaffe and Luftstreitkräfte | Oswald Boelcke | |||||
The Soviet Union's Hydrogen Bomb | Andrei Sakharov | |||||
William C. Lee | First commander of the parachute school at Fort Benning, Georgia. | |||||
Kazimierz Pułaski | Brigadier-general and commander of the cavalry of the Continental Army (1770s). | |||||
United States Navy |
Subject
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Father/Mother
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! Reason
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[[American Football">John Barry (naval officer) |
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Subject | Father/Mother | ! Reason | |||||
[[American Football | Walter Camp | ||||||
Godfather, created the New York Cosmos soccer team and imported a number of well known international footballers to the team in an attempt to bring interest to soccer in the US. | |||||||
Angling | Izaak Walton | author of ''The Compleat Angler'' | |||||
Association football | Ebenezer Cobb Morley | ||||||
Charles William Miller | |||||||
Baseball | |||||||
Basketball | James Naismith | ||||||
Scot Breithaupt | |||||||
Eugen Sandow | |||||||
Harold Zinkin | Called so by Arnold Schwarzenegger during a press statement on his passing in 2004. Inventor of the modern exercise machines. | ||||||
James Figg | |||||||
James J. Corbett | |||||||
Jim Downing | Built a racecar a season before it became the basis of a new lightweight prototype class in . | ||||||
Canadian rodeo | coined the rodeo term ''Stampede'' and was world's first rodeo producer/rodeo stock contractor/rodeo champion in 1902 | ||||||
Wally Parks | |||||||
Don Garlits | Considered to be one of the innovators of drag racing safety. | ||||||
Eddie Hill | Regarded as the Forefather of Drag Racing. | ||||||
Kunimitsu Takahashi | |||||||
Modern figure skating | Jackson Haines | ||||||
The Football Association | Ebenezer Cobb Morley | Founder | |||||
rowspan="2" | James Richardson Spensley | ||||||
William Garbutt | Laying the foundations of skilled coaching in Italian football | ||||||
Freestyle BMX | Bob Haro | ||||||
Freestyle Motocross | Mike Metzger | Godfather | |||||
Funny Car | Dick Landy | ||||||
Frank Chirkinian | Personally responsible for much of the production conventions of modern golf broadcasting. | ||||||
rowspan="2" | Credited for introducing baseball in Japan | ||||||
Hiroshi Hiraoka | Credited for establishing the first baseball team | ||||||
Jogging | Jim Fixx | Founding father | |||||
Karting | Art Ingels | Developed the world's first kart (1956) | |||||
Lacrosse | William George Beers | Codified the sport | |||||
Mixed martial arts | Bruce Lee | Called so by Dana White, president of the Ultimate Fighting Championship. For his experimentation into other styles and invention of Jeet Kune Do. | |||||
American motocross | Edison Dye | Introduced motorcross to American riders | |||||
NASCAR | Bill France, Sr. | Foundation of the sanctioning body for stock car racing | |||||
Road racing in the United States | Cameron Argetsinger | ||||||
Rugby union | A. G. Guillemard | William Webb Ellis |
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(William Webb Ellis)"WHO WITH A FINE DISREGARD FOR THE RULES OF FOOTBALL AS PLAYED IN HIS TIME FIRST TOOK THE BALL IN HIS ARMS AND RAN WITH IT THUS ORIGINATING THE DISTINCTIVE FEATURE OF THE RUGBY GAME" | |||
Italo Santelli | |||||||
Florida Skateboarding | Bruce Walker | ||||||
East Coast Skateboarding | Vinny Raffa | ||||||
Skip Engblom | |||||||
Tony Hawk | |||||||
Snowboard | Jake Burton | ||||||
Supercross | Mike Goodwin | Organized the first supercross race | |||||
Modern surfing | Duke Kahanamoku |
Subject | Father/Mother | Reason | |
Aerodynamics (modern) | Sir George Cayley | Founding father of modern Aerodynamics. The first to identify the four aerodynamic forces of flight—weight, Lift (force) | |
[[Architecture | Imhotep | Built the first pyramid | |
Astronautics | Konstantin Tsiolkovsky | Robert H. GoddardHermann Oberth | |
Aviation | Book: ''Prodromo alla Arte Maestra'' (1670). First to describe the geometry and physics of a flying vessel. | ||
Thomas Tompion | |||
Clinical trials | James Lind | Conducted the first Scientific control | |
[[Computing | Charles Babbage | Inventor of the Analytical Engine which was never constructed in his lifetime. | |
Cybernetics | Norbert Wiener | ||
William F. Moran | Founder of the American Bladesmith Society | ||
Bob Loveless | Founder of the Knifemakers' Guild | ||
Photography |
Subject | Father/Mother | Reason | ||||||
Air conditioning | Willis Carrier | |||||||
Chronograph | ||||||||
Compact Disc | ||||||||
Compiler | Grace Hopper | |||||||
Konrad Zuse | Invented world's first functional program-controlled computer. | |||||||
Alan Turing | Was a secret code breaker during WWII and invented the Turing machine (1936). | |||||||
John von Neumann | Became "intrigued" with Turing's universal machine and later emphasised the importance of the stored-program concept for electronic computing (1945), including the possibility of allowing the machine to modify its own program in useful ways while running. | |||||||
Invented the digital computer in the 1930s | ||||||||
Computer Program | Ada Lovelace | Recognized by historians as the writer of the world's first computer program which was for the Charles Babbage Analytical Engine, but was never complete within either her or his lifetime. | ||||||
Ekranoplan | Rostislav Alexeev | |||||||
Helicopter | Igor Sikorsky | Invented the first successful helicopter, upon which further designs were based. | ||||||
Internet | Vint CerfBob Kahn | |||||||
Instant noodle | Momofuku Ando | Inventor of the instant noodle, also founder of Nissin Foods to produce and market them. | ||||||
Japanese television | Kenjiro Takayanagi | |||||||
Jet engine | Frank Whittle | |||||||
Karaoke | Daisuke Inoue | Inventor of the machine as a means of allowing people to sing without the need of a live back-up. | ||||||
Laser | Charles Hard Townes | |||||||
Lightning prediction system | Alexander Stepanovich Popov | The first lightning prediction system, the Lightning detector, was invented in 1894 by Alexander Stepanovich Popov. | ||||||
Marine chronometer | John Harrison | |||||||
Microprocessor | Marcian Hoff Masatoshi Shima | |||||||
Mobile phone | He is the main brainchild of hand-held phone and with the help of Motorola team he developed the first handset in 1973 weighing in at two kilos. | |||||||
Vinod Dham | The original Pentium (P5) was developed by a team of engineers, including John H. Crawford, chief architect of the original 386, and Donald Alpert, who managed the architectural team. Dror Avnon managed the design of the FPU. Dham was general manager of the P5 group. Some media sources have called him the "father of the Pentium". | |||||||
Chuck Peddle | Developed the 6502 microprocessor, the KIM-1 and the Commodore PET | |||||||
Programmable logic controller | Dick Morley | |||||||
Radio | Alexander Stepanovich Popov Lee De Forest Guglielmo Marconi Jagdish Chandra Bose Nikola Tesla | |||||||
Radio (Radio broadcasting) | Reginald Fessenden David Sarnoff | Fessenden is credited as the first to broadcast radio signals on Christmas Eve, 1906. Sarnoff proposed a chain of radio stations to Marconi's associates in 1915. | ||||||
Radio (FM radio) | Edwin H. Armstrong | Obtained the first Federal Communications Commission (FCC) license to operate an FM station in Alpine, New Jersey at approximately 50 megahertz (1939) | ||||||
Radiotelephony | Reginald Fessenden | |||||||
SGML | Charles Goldfarb | |||||||
Telephone | Antonio Meucci | Alexander Graham Bell | See Invention of the telephone | |||||
Television | Philo T. Farnsworth |
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Vladimir Zworykin |
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John Logie Baird | Co-Inventors of the Electronic Television. Farnsworth invented the Image dissector while Zworykin created the Iconoscope, both fully electronic forms of television. Logie Baird invented the world's first working television system, also the first electronic color television system. | ||
Tokamak | Lev Artsimovich | |||||||
Fazlur Khan | Invented the tube structural system and first employed it in his designs for the DeWitt-Chestnut Apartments, John Hancock Center and Sears Tower. | |||||||
World Wide Web | Tim Berners-Lee | |||||||
Visual Basic | Alan Cooper | |||||||
XML | Jon Bosak |
Subject | Father/Mother | ! Reason | |||||
Lan Kwai Fong | Allan Zeman | Noted for turning a small square of streets in
Subject
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Father/Mother
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! Reason
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| [[Henry Ford">Central, Hong Kong |
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Subject | Father/Mother | ! Reason |
[[Henry Ford | Noted for introducing a simple and affordable car for the ordinary American masses. | |
American Interstate Highway System | Dwight D. Eisenhower | |
Gene Berg | ||
Hot rod | Ed Winfield | |
RJ DeVera | Influential for popularising the import car scene in the mid-1990s. | |
Kustom Kulture | ||
Monster truck | ||
Mountain bike | Gary Fisher | |
Rotary engine | Felix Wankel | |
Cyrus Avery | ||
Tailfin | Harley Earl | |
Traffic safety | William Phelps Eno | |
Frank W. Cyr | ||
Father or mother of something Father or mother of something, List of people known as
ar:آباء العلوم fa:فهرست افراد دارای لقب پدر یا مادر در یک زمینهThis text is licensed under the Creative Commons CC-BY-SA License. This text was originally published on Wikipedia and was developed by the Wikipedia community.
background | #8CAFFB |
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name | John Corapi, S.O.L.T. |
religion | Roman Catholic |
order | Society of Our Lady of the Most Holy Trinity |
nationality | American |
birth date | May 20, 1947 |
birth place | Hudson, New York |
ordination | May 26, 1991 |
website | fathercorapi.comtheblacksheepdog.us }} |
John Anthony Corapi, S.O.L.T. (born May 20, 1947) is a Catholic priest from the United States, removed from public ministry in 2011. During the 2000s he was a popular speaker on Catholic television and radio and conducted speaking tours in North America.
In 2005 Corapi was awarded $2.7 million USD for his role as a whistleblower in a ''qui tam'' False Claims Act lawsuit against Redding Medical Center that resulted in an overall $24 million USD payment to defrauded patients.
Following allegations of misconduct, Corapi was removed from public ministry as a priest in 2011. He asserts his innocence, but has announced his intention to resign from ministry.
During this time, he began to attend parties involving illegal drug use and sex. After being introduced to cocaine, however, he developed a substance abuse problem and his success dwindled; he sometimes spent $10,000 USD per week on illegal drugs. Corapi would later refer to his drug use as an encounter with a demon, and his lifestyle eventually led to a mental breakdown and homelessness following a stay at a VA psychiatric hospital.
Corapi entered Holy Apostles Seminary in Cromwell, Connecticut in 1986 and earned an M.A. in Sacred Scripture. He joined the missionary community the Society of Our Lady of the Most Holy Trinity and on May 26, 1990, was ordained a deacon by René Henry Gracida, Bishop of Corpus Christi, Texas. He earned an S.T.B. degree from the University of Navarre in Pamplona, Spain.
Due to serious health problems suffered in 2008, Corapi curtailed his public appearances and frequently broadcasts his message worldwide solely from his studio in Montana. On August 15, 2009, Corapi made his first public appearance in over a year in Buffalo, New York for his "Lord and Giver of Life" conference at HSBC Arena. He completed and taped several conferences in 2010, including San Antonio, Texas, St. Louis, Missouri, and Cincinnati, Ohio.
More recently, Corapi has preached sermons on the dangers of socialism. He is the author of a series of sermons called "The Darkness Will Not Prevail".
Corapi filed a ''qui tam'' False Claims Act lawsuit against Redding Medical Center cardiologist Chae Hyun Moon after Moon informed Corapi in 2002 that he was in immediate need of triple bypass surgery, but then told Corapi that the procedure could wait three weeks. Corapi decided to seek other medical advice and it was found he had perfectly clear arteries. Corapi ultimately went to the FBI and filed the suit that was the basis of an FBI raid and a multi-year investigation into Moon's practice.
The United States Department of Justice reached a settlement with four cardiologists and Tenet Healthcare, the owner of Redding Hospital, during 2005, in part due to Corapi's initial complaint. Three physicians settled for a total of $24 million USD. Moon, the target of Corapi's lawsuit, paid $1.4 million USD and agreed to never perform cardiology procedures or surgeries on Medicare, Medi-Cal or Tricare patients. Moon's medical license was eventually revoked in 2007 for gross negligence, among other charges.
Corapi was awarded $2,712,281 USD for his role as a whistleblower in the False Claims Act Lawsuit as well as the $500,000 USD he and his friend were awarded for the insurance case they filed. His involvement as a whistle-blower in the federal investigation of the practices in the Redding Medical Center played an important role in Stephen Klaidman's non-fiction book ''Coronary''.
On March 18, Corapi was placed on administrative leave by his religious superior, Fr. Gerald Sheehan, S.O.L.T. Corapi denied the allegations as false and said the process is flawed. Sheehan issued a statement emphasizing that the suspension "in no way implies Father Corapi is guilty of the allegation.”
Corapi filed a civil suit against the former employee for libel and breach of contract.
The television network EWTN suspended broadcasts by Corapi when he was placed on leave.
There are certain persons in authority in the Church that want me gone, and I shall be gone. ... They can't prove I'm guilty of the things alleged because I'm not, and they can't prove I'm innocent because that is simply illogical and impossible. ... My canon lawyer and my civil lawyers have concluded that I cannot receive a fair and just hearing under the Church's present process. The Church will conclude that I am not cooperating with the process because I refuse to give up all of my civil and human rights in order to hold harmless anyone who chooses to say defamatory and actionable things against me with no downside to them. ... I am, indeed, not ready to be extinguished. Under the name "The Black Sheep Dog," I shall be with you through radio broadcasts and writing. My autobiography, ''The Black Sheep Dog'', is almost ready for publication. My topics will be broader than in the past, and my audience likewise is apt to be broader. I'll do what I can under the circumstances.
On July 5, Fr. Gerald Sheehan, Corapi's religious superior in the Society of Our Lady of the Trinity, released a press statement through the order's news blog which accused Corapi of drug and alcohol abuse, "sexting", having an affair with a former prostitute and violating his promise of poverty as a perpetually professed member of the Society by owning over $1 million in real estate, numerous luxury vehicles, motorcycles, an ATV, a boat dock, and several motor boats. It ended by stating that "SOLT's prior direction to Fr. John Corapi not to engage in any preaching or teaching, the celebration of the sacraments or other public ministry continues. Catholics should understand that SOLT does not consider Fr. John Corapi as fit for ministry."
On July 7th, Corapi announced on his website that he would not obey the order of his religious superior to leave his home in Montana to live in community with his fellow priests. He said he would not return to the order because he resigned from the priesthood June 17, two days short of the 20th anniversary of his ordination.
I resigned because the process used by the church is grossly unjust, and, hence, immoral. I resigned because I had no chance from the beginning of a fair and just hearing. As I have indicated from the beginning of all this, I am not extinguished! If I were to commit to the suggestion of the society, then I would essentially crawl under a rock and wait to die.
This text is licensed under the Creative Commons CC-BY-SA License. This text was originally published on Wikipedia and was developed by the Wikipedia community.
Name | Mary |
---|---|
Birth date | Unknown; celebrated 8 September |
Ethnicity | Jewish |
Residence | Nazareth, Galilee |
Nationality | Israelite, Roman Empire |
Parents | (According to the Gospel of James, circa 2nd Century AD): Joachim and Anne |
Spouse | Joseph |
Children | Jesus of Nazareth}} |
Mary (Aramaic, Hebrew: מרים, ''Maryām'', ''Miriam''; Arabic:مريم, ''Maryam''), commonly referred to as "Saint Mary", "Mother Mary", the "Virgin Mary", the "Blessed Virgin Mary", or "Mary, Mother of God", was a Jewish woman of Nazareth in Galilee. She is identified in the New Testament and in the Quran as the mother of Jesus through divine intervention.
The canonical gospels of Matthew and Luke describe Mary as a virgin (Greek ''παρθένος, parthénos''). Traditionally, Christians believe that she conceived her son miraculously by the agency of the Holy Spirit. Muslims believe that she conceived by the command of God. This took place when she was already betrothed to Saint Joseph and was awaiting the concluding rite of marriage, the formal home-taking ceremony. She married Joseph and accompanied him to Bethlehem, where Jesus was born. In keeping with Jewish custom, the betrothal would have taken place when she was around 12, and the birth of Jesus about a year later.
The New Testament begins its account of Mary's life with the Annunciation, when the archangel Gabriel appeared to her and announced her divine selection to be mother of Jesus. Church tradition and early non-biblical writings state that her parents were an elderly couple, Saint Joachim and Saint Anne. The Bible records Mary's role in key events of the life of Jesus from his conception to his Ascension. Apocryphal writings tell of her subsequent death and bodily assumption into heaven.
Christians of the Catholic Church, the Eastern Orthodox Church, Oriental Orthodox Church, Anglican Communion, and Lutheran churches believe that Mary, as mother of Jesus, is the ''Mother of God'' (Μήτηρ Θεοῦ) and the Theotokos, literally ''Birthgiver of God''. Mary has been an object of veneration in Christianity since the Apostolic Age. Throughout the ages she has been a favorite subject in Christian art, music, and literature.
There is significant diversity in the Marian beliefs and devotional practices of major Christian traditions. The Catholic Church has a number of Marian dogmas, such as the Immaculate Conception and the Assumption. Catholics refer to her as Our Lady and venerate her as the Queen of Heaven and Mother of the Church; most Protestants do not share these beliefs. Many Protestants see a minimal role for Mary within Christianity, based on the brevity of biblical references.
Muslims regard Mary as the Virgin Mother of Jesus, who is considered a Prophet of Islam.
): "Henceforth all generations will call me blessed."|"Mary." Web: 29Sep2010 Encyclopedia Britannica Online.}}
The English name "Mary" comes from the Greek ''Μαρία'', which is a shortened form of ''Μαριάμ''. The New Testament name was based on her original Hebrew name מִרְיָם or Miryam. Both ''Μαρία'' and ''Μαριάμ'' appear in the New Testament.
Mary, the mother of Jesus, is referred to by name fewer than twenty times in the New Testament.
According to Luke, Mary was a cousin of Elizabeth, wife of the priest Zechariah of the priestly division of Abijah, who was herself part of the lineage of Aaron and so of the tribe of Levi. Some of those who consider that the relationship with Elizabeth was on the maternal side, consider that Mary, like Joseph, to whom she was betrothed, was of the House of David and so of the tribe of Judah, and that the genealogy of Jesus presented in Luke from Nathan, third son of David and Bathsheba, is in fact the genealogy of Mary, while the genealogy from Solomon given in Matthew is that of Joseph. (Aaron's wife Elisheba was of the tribe of Judah, so all his descendents are from both Levi and Judah.)
Mary resided in "her own house" in Nazareth in Galilee, possibly with her parents, and during her betrothal – the first stage of a Jewish marriage – the angel Gabriel announced to her that she was to be the mother of the promised Messiah by conceiving him through the Holy Spirit. After a number of months, when Joseph was told of her conception in a dream by "an angel of the Lord", he was surprised; but the angel told him to be unafraid and take her as his wife, which Joseph did, thereby formally completing the wedding rites.
Since the angel Gabriel had told Mary (according to ) that Elizabeth, having previously been barren, was then miraculously pregnant, Mary hurried to see Elizabeth, who was living with her husband Zechariah in "Hebron, in the hill ''country'' of Judah". Mary arrived at the house and greeted Elizabeth who called Mary "the mother of my Lord", and Mary spoke the words of praise that later became known as the ''Magnificat'' from her first word in the Latin version. After about three months, Mary returned to her own house.
According to the Gospel of Luke, a decree of the Roman emperor Augustus required that Joseph return to his hometown of Bethlehem to be taxed. While he was there with Mary, she gave birth to Jesus; but because there was no place for them in the inn, she used a manger as a cradle. After eight days, he was circumcised according to Jewish law, and named "JESUS" in accordance with the instructions that the angel had given to Mary in , and Joseph was likewise told to call him Jesus in .
After Mary continued in the "blood of her purifying" another thirty three days for a total of forty days, she brought her burnt offering and sin offering to the temple, so the priest could make atonement for her sins, being cleansed from her blood. They also presented Jesus – "As it is written in the law of the Lord, Every male that openeth the womb shall be called holy to the Lord" ( ). After the prophecies of Simeon and the prophetess Anna in concluded, Joseph and Mary took Jesus and "returned into Galilee, to their own city Nazareth."
Sometime later, the "wise men" showed up at the "house" where Jesus and his family were staying, and they fled by night and stayed in Egypt for awhile, and returned after Herod died in 4 BC and took up residence in Nazareth.
Mary is involved in the only event in Jesus' adolescent life that is recorded in the New Testament. At the age of twelve Jesus, having become separated from his parents on their return journey from the Passover celebration in Jerusalem, was found among the teachers in the temple.
After Jesus' baptism by John the Baptist and his temptations by the devil in the desert, Mary was present when, at her suggestion, Jesus worked his first Cana miracle during a marriage they attended, by turning water into wine. Subsequently there are events when Mary is present along with James, Joseph, Simon, and Judas, called Jesus' brothers, and unnamed "sisters". In later centuries when the doctrine of the perpetual virginity of Mary developed, the early Church reinterpreted the words commonly translated "brother" and "sister" as actually meaning close relatives (see Perpetual virginity).
There is also an incident in which Jesus is sometimes interpreted as rejecting his family. "And his mother and his brothers arrived, and standing outside, they sent in a message asking for him ... And looking at those who sat in a circle around him, Jesus said, 'These are my mother and my brothers. Whoever does the will of God is my brother, and sister, and mother.'"
Mary is also depicted as being present during the crucifixion standing near "the disciple whom Jesus loved" along with Mary of Clopas and Mary Magdalene, to which list adds "the mother of the sons of Zebedee", presumably the Salome mentioned in . This representation is called a ''Stabat Mater''. Mary, cradling the dead body of her Son, while not recorded in the Gospel accounts, is a common motif in art, called a "pietà" or "pity".
Her death is not recorded in scripture. However, Catholic and Orthodox tradition and doctrine have her assumed (taken bodily) into Heaven. Belief in the corporeal assumption of Mary is universal to Catholicism, in both Eastern and Western Catholic Churches, as well as the Eastern Orthodox Church, Coptic Churches, and parts of the Anglican Communion and Continuing Anglican Churches.
According to Sacred Tradition, Mary died surrounded by the apostles (in either Jerusalem or Ephesus) between three days and 24 years after Christ's ascension. When the apostles later opened her tomb, they found it to be empty and they concluded that she had been assumed into Heaven. Mary's Tomb, an empty tomb in Jerusalem, is attributed to Mary. The Roman Catholic Church teaches Mary's assumption, but does not teach that she necessarily died.
Hyppolitus of Thebes claims that Mary lived for eleven years after the death of her Son, dying in 41 AD.
The earliest extant biographical writing on Mary is ''Life of the Virgin'' attributed to the seventh century saint, Maximus the Confessor which portrays her as a key element of the early Christian Church after the death of Jesus.
In the 19th century, a house near Ephesus in Turkey was found which has since been visited as the ''House of the Virgin Mary'' by pilgrims who consider it the place where Mary lived until her assumption. The Gospel of John states that Mary went to live with the Disciple whom Jesus loved, identified as John the Evangelist. Irenaeus and Eusebius of Caesarea wrote in their histories that John later went to Ephesus, which may provide the basis for the early belief that Mary also lived in Ephesus with John.
The earliest known Marian prayer (the Sub tuum praesidium, or ''Beneath Thy Protection'') is from the 3rd century (perhaps 270), and its text was rediscovered in 1917 on a papyrus in Egypt. Following the Edict of Milan in 313, by the 5th century artistic images of Mary began to appear in public and larger churches were being dedicated to Mary, e.g. S. Maria Maggiore in Rome.
Orthodox theologian Sergei Bulgakov wrote: "Love and veneration of the Blessed Virgin Mary is the soul of Orthodox piety. A faith in Christ which does not include his mother is another faith, another Christianity from that of the Orthodox church."
Although the Catholics and the Orthodox may honor and venerate Mary, they do not view her as divine, nor do they worship her. Catholics view Mary as subordinate to Christ, but uniquely so, in that she is seen as above all other creatures. Similarly Theologian Sergei Bulgakov wrote that although the Orthodox view Mary as "superior to all created beings" and "ceaselessly pray for her intercession" she is not considered a "substitute for the One Mediator" who is Christ. "Let Mary be in honor, but let worship be given to the Lord" he wrote. Similarly, Catholics do not worship Mary, but venerate her. Catholics use the term ''hyperdulia'' for Marian veneration rather than ''latria'' that applies to God and ''dulia'' for other saints. The definition of the three level hierarchy of ''latria'', ''hyperdulia'' and ''dulia'' goes back to the Second Council of Nicaea in 787.
Devotions to artistic depictions of Mary vary among Christian traditions. There is a long tradition of Roman Catholic Marian art and no image permeates Catholic art as does the image of Madonna and Child. The icon of the Virgin is without doubt the most venerated icon among the Orthodox. Both Roman Catholics and the Orthodox venerate images and icons of Mary, given that the Second Council of Nicaea in 787 permitted their veneration by Catholics with the understanding that those who venerate the image are venerating the reality of the person it represents, and the 842 Synod of Constantinople established the same for the Orthodox. The Orthodox, however, only pray to and venerate flat, two-dimensional icons and not three-dimensional statues.
The Anglican position towards Mary is in general more conciliatory than that of Protestants at large and in a book he wrote about praying with the icons of Mary, Rowan Williams, the Archbishop of Canterbury said: "It is not only that we cannot understand Mary without seeing her as pointing to Christ; we cannot understand Christ without seeing his attention to Mary".
Specific titles vary among Anglican views of Mary, Ecumenical views of Mary, Lutheran views of Mary, Protestant views on Mary, and Roman Catholic views of Mary, Latter Day Saints' views of Mary, Orthodox views of Mary. In addition to Islamic views on Mary.
Mary is referred to by the Eastern Orthodox Church, Oriental Orthodoxy, the Anglican Church, and all Eastern Catholic Churches as Theotokos, a title recognized at the Third Ecumenical Council (held at Ephesus to address the teachings of Nestorius, in 431). Theotokos (and its Latin equivalents, "Deipara" and "Dei genetrix") literally means "Godbearer". The equivalent phrase "Mater Dei", (Mother of God) is more common in Latin and so also in the other languages used in the Western Catholic Church, but this same phrase in Greek (Μήτηρ Θεοῦ), in the abbreviated form of the first and last letter of the two words (ΜΡ ΘΥ), is the indication attached to her image in Byzantine icons. The Council stated that the Church Fathers "did not hesitate to speak of the holy Virgin as the Mother of God".
Some titles have a Biblical basis, for instance the title ''Queen Mother'' has been given to Mary since she was the mother of Jesus, who was sometimes referred to as the "King of Kings" due to his lineage of King David. The biblical basis for the term Queen can be seen in the Gospel of Luke 1:32 and the Book of Isaiah 9:6, and Queen Mother from and . Other titles have arisen from reported miracles, special appeals or occasions for calling on Mary, e.g. Our Lady of Good Counsel, Our Lady of Navigators or Our Lady of Ransom who protects captives.
The three main titles for Mary used by the Orthodox are Theotokos, i.e., ''Mother of God'' (Greek Θεοτόκος), Aeiparthenos, i.e. ''Ever Virgin'' (Greek ἀειπαρθὲνος), as confirmed in the Fifth Ecumenical Council 553, and Panagia, i.e., ''All Holy'' (Greek Παναγία). A large number of titles for Mary are used by Roman Catholics, and these titles have in turn given rise to many artistic depictions, e.g. the title Our Lady of Sorrows has resulted in masterpieces such as Michelangelo's Pietà.
The earliest feasts that relate to Mary grew out of the cycle of feasts that celebrated the Nativity of Jesus. Given that according to the Gospel of Luke (), forty days after the birth of Jesus, along with the Presentation of Jesus at the Temple Mary was purified according to Jewish customs, the ''Feast of the Purification'' began to be celebrated by the 5th century, and became the "Feast of Simeon" in Byzantium.
In the 7th and 8th centuries four more Marian feasts were established in the Eastern Church. In the Western Church a feast dedicated to Mary, just before Christmas was celebrated in the Churches of Milan and Ravenna in Italy in the 7th century. The four Roman Marian feasts of Purification, Annunciation, Assumption and Nativity of Mary were gradually and sporadically introduced into England by the 11th century.
Over time, the number and nature of feasts (and the associated Titles of Mary) and the venerative practices that accompany them have varied a great deal among diverse Christian traditions. Overall, there are significantly more titles, feasts and venerative Marian practices among Roman Catholics than any other Christians traditions. Some such feasts relate to specific events, e.g. the Feast of Our Lady of Victory was based on the 1571 victory of the Papal States in the Battle of Lepanto.
Differences in feasts may also originate from doctrinal issues – the Feast of the Assumption is such an example. Given that there is no agreement among all Christians on the circumstances of the death, Dormition or Assumption of Mary, the feast of assumption is celebrated among some denominations and not others. While the Catholic Church celebrates the Feast of the Assumption on August 15, some Eastern Catholics celebrate it as Dormition of the Theotokos, and may do so on August 28, if they follow the Julian calendar. The Eastern Orthodox also celebrate it as the Dormition of the Theotokos, one of their 12 Great Feasts. Protestants do not celebrate this, or any other Marian feasts.
The acceptance of these Marian doctrines by Christians can be summarized as follows:
{|class="wikitable" |- !| Doctrine !| Church action !| Accepted by |- | Mother of God|| First Council of Ephesus, 431 || Roman Catholics, Eastern Orthodox, Anglicans, Lutherans, Methodists, Latter Day Saints (as Mother of Son of God) |- | Virgin birth of Jesus || First Council of Nicaea, 325 || Roman Catholics, Eastern Orthodox, Anglicans, Lutherans,Protestants, Latter Day Saints |- | Assumption of Mary || ''Munificentissimus Deus'' encyclicalPope Pius XII, 1950 || Roman Catholics, Eastern Orthodox, some Anglicans, some Lutherans |- |Immaculate Conception ||''Ineffabilis Deus'' encyclicalPope Pius IX, 1854 || Roman Catholics, some Anglicans, some Lutherans, early Martin Luther |- | Perpetual Virginity || Council of Constantinople, 533Smalcald Articles, 1537 || Roman Catholics, Eastern Orthodox, Some Anglicans, Some Lutherans,Martin Luther, John Calvin, John Wesley |- |}
The title "Mother of God" (Theotokos) for Mary was confirmed by the First Council of Ephesus, held at the Church of Mary in 431. The Council decreed that Mary is the Mother of God because her son Jesus is one person who is both God and man, divine and human. This doctrine is widely accepted by Christians in general, and the term Mother of God had already been used within the oldest known prayer to Mary, the Sub tuum praesidium which dates to around 250 AD.
The Virgin birth of Jesus has been a universally held belief among Christians since the 2nd century, It is included in the two most widely used Christian creeds, which state that Jesus "was incarnate of the Holy Spirit and the ''Virgin'' Mary" (the Nicene Creed in what is now its familiar form) and the Apostles' Creed. The Gospel of Matthew describes Mary as a virgin who fulfilled the prophecy of . The authors of the Gospels of Matthew and Luke consider Jesus' conception not the result of intercourse and assert that Mary had "no relations with man" before Jesus' birth. This alludes to the belief that Mary conceived Jesus through the action of God the Holy Spirit, and not through intercourse with Joseph or anyone else.
The doctrines of the Assumption or Dormition of Mary relate to her death and bodily assumption to Heaven. While the Roman Catholic Church has established the dogma of the Assumption, namely that the Mary directly went to Heaven without a usual physical death, the Eastern Orthodox Church believes in the Dormition, i.e. that she fell asleep, surrounded by the Apostles.
Roman Catholics believe in the Immaculate Conception of Mary, as proclaimed ''Ex Cathedra'' by Pope Pius IX in 1854, namely that she was filled with grace from the very moment of her conception in her mother's womb and preserved from the stain of original sin. The Latin Rite of the Roman Catholic Church has a liturgical feast by that name, kept on 8 December. The Eastern Orthodox reject the Immaculate Conception principally because their understanding of ancestral sin (the Greek term corresponding to the Latin "original sin") differs from that of the Roman Catholic Church, but also on the basis that without original sin.
The Perpetual Virginity of Mary, asserts Mary's real and perpetual virginity even in the act of giving birth to the Son of God made Man. The term Ever-Virgin (Greek '''') is applied in this case, stating that Mary remained a virgin for the remainder of her life, making Jesus her biological and only son, whose conception and birth are held to be miraculous.
name | Blessed Virgin Mary |
---|---|
feast day | See Marian feast days |
venerated in | Catholicism, Eastern Orthodoxy, Oriental Orthodoxy, Anglicanism, Lutheranism |
honored in | Islam |
titles | West: Mother of God, Queen of Heaven, Mother of the ChurchEast: Theotokos |
canonized date | Pre-Congregation |
attributes | Blue mantle, crown of 12 stars, pregnant woman, roses, woman with child |
patronage | See Patronage of the Blessed Virgin Mary |
major shrine | Santa Maria Maggiore (See Marian shrines) |
issues | }} |
The multiple churches that form the Anglican Communion and the Continuing Anglican movement have different views on Marian doctrines and venerative practices given that there is no single church with universal authority within the Communion and that the mother church (the Church of England) understands itself to be both "catholic" and "Reformed". Thus unlike the Protestant churches at large, the Anglican Communion (which includes the Episcopal Church in the United States) includes segments which still retain some veneration of Mary.
Mary's special position within God's purpose of salvation as "God-bearer" ''(Theotokos)'' is recognised in a number of ways by some Anglican Christians. All the member churches of the Anglican Communion affirm in the historic creeds that Jesus was born of the Virgin Mary, and celebrates the feast days of the Presentation of Christ in the Temple. This feast is called in older prayer books the Purification of the Blessed Virgin Mary on 2 February. The Annunciation of our Lord to the Blessed Virgin on March 25 was from before the time of Bede until the 18th century New Year's Day in England. The Annunciation is called the "Annunciation of our Lady" in the 1662 Book of Common Prayer. Anglicans also celebrate in the Visitation of the Blessed Virgin on May 31, though in some provinces the traditional date of July 2 is kept. The feast of the St. Mary the Virgin is observed on the traditional day of the Assumption, August 15. The Nativity of the Blessed Virgin is kept on September 8.
The Conception of the Blessed Virgin Mary is kept in the 1662 Book of Common Prayer, on December 8. In certain Anglo-Catholic parishes this feast is called the Immaculate Conception. Again, the Assumption of Mary is believed in by most Anglo-Catholics, but is considered a pious opinion by moderate Anglicans. Protestant minded Anglicans reject the celebration of these feasts.
Prayers and venerative practices vary a great deal. For instance, as of the 19th century, following the Oxford Movement, Anglo-Catholics frequently pray the Rosary, the Angelus, Regina Caeli, and other litanies and anthems of Our Lady that are reminiscent of Catholic practices. On the other hand, Low-church Anglicans rarely invoke the Blessed Virgin except in certain hymns, such as the second stanza of Ye Watchers and Ye Holy Ones.
The Anglican Society of Mary was formed in 1931 and maintains chapters in many countries. The purpose of the society is to foster devotion to Mary among Anglicans. The high-church Anglicans espouse doctrines that are closer to Roman Catholics, and retain veneration for Mary, e.g. official Anglican pilgrimages to Our Lady of Lourdes have taken place since 1963, and pilgrimages to Our Lady of Walsingham have gone on for hundreds of years.
Historically, there has been enough common ground between Roman Catholics and Anglicans on Marian issues that in 2005 a joint statement called ''Mary: grace and hope in Christ'' was produced through ecumenical meetings of Anglicans and Roman Catholic theologians. This document, informally known as the "Seattle Statement", is not formally endorsed by either the Catholic Church or the Anglican Communion, but is viewed by its authors as the beginning of a joint understanding of Mary.
In the Catholic Church, Mary is accorded the title "Blessed," (from Latin ''beatus'', blessed, via Greek μακάριος, ''makarios'' and Latin ''facere'', make) in recognition of her ascension to Heaven and her capacity to intercede on behalf of those who pray to her. Catholic teachings make clear that Mary is not considered divine and prayers to her are not answered by her, they are answered by God. The five Catholic dogmas regarding Mary are: Mother of God, Virgin birth of Jesus, Perpetual virginity of Mary, Immaculate Conception (of Mary) and Assumption of Mary.
The ''Blessed Virgin Mary'', the mother of Jesus has a more central role in Roman Catholic teachings and beliefs than in any other major Christian group. Not only do Roman Catholics have more theological doctrines and teachings that relate to Mary, but they have more festivals, prayers, devotional, and venerative practices than any other group. The Catholic Catechism states: "The Church's devotion to the Blessed Virgin is intrinsic to Christian worship."
For centuries, Roman Catholics have performed acts of consecration and entrustment to Mary at personal, societal and regional levels. These acts may be directed to the Virgin herself, to the Immaculate Heart of Mary and to the Immaculata. In Catholic teachings, consecration to Mary does not diminish or substitute the love of God, but enhances it, for all consecration is ultimately made to God.
Following the growth of Marian devotions in the 16th century, Catholic saints wrote books such as Glories of Mary and True Devotion to Mary that emphasized Marian veneration and taught that "the path to Jesus is through Mary". Marian devotions are at times linked to Christocentric devotions, e.g. the Alliance of the Hearts of Jesus and Mary.
Key Marian devotions include: Seven Sorrows of Mary, Rosary and scapular, Miraculous Medal and Reparations to Mary. The months of May and October are traditionally "Marian months" for Roman Catholics, e.g. the daily Rosary is encouraged in October and in May Marian devotions take place in many regions. Popes have issued a number of Marian encyclicals and Apostolic Letters to encourage devotions to and the veneration of the Virgin Mary.
Catholics place high emphasis on Mary's roles as protector and intercessor and the Catholic Catechism refers to Mary as the "Mother of God to whose protection the faithful fly in all their dangers and needs". Key Marian prayers include: Hail Mary, Alma Redemptoris Mater, Sub Tuum Praesidum, Ave Maris Stella, Regina Coeli, Ave Regina Coelorum and the Magnificat.
Mary's participation in the processes of salvation and redemption has also been emphasized in the Catholic tradition, but they are not doctrines. Pope John Paul II's 1987 encyclical ''Redemptoris Mater'' began with the sentence: "The Mother of the Redeemer has a precise place in the plan of salvation."
In the 20th century both popes John Paul II and Benedict XVI have emphasized the Marian focus of the Church. Cardinal Joseph Ratzinger (later Pope Benedict XVI) wrote:
It is necessary to go back to Mary if we want to return to that "truth about Jesus Christ," "truth about the Church" and "truth about man".
when he suggested a redirection of the whole Church towards the program of Pope John Paul II in order to ensure an authentic approach to Christology via a return to the "whole truth about Mary".
Orthodox Christianity includes a large number of traditions regarding the Ever Virgin Mary, the Theotokos. The Orthodox believe that she was and remained a virgin before and after Christ's birth. The ''Theotokia'' (i.e. hymns to the Theotokos) are an essential part of the Divine Services in the Eastern Church and their positioning within the liturgical sequence effectively places the Theotokos in the most prominent place after Christ. Within the Orthodox tradition, the order of the saints begins with: The Theotokos, Angels, Prophets, Apostles, Fathers, Martyres, etc. giving the Virgin Mary precedence over the angels. She is also proclaimed as the "Lady of the Angels".
The views of the Church Fathers still play an important role in the shaping of Orthodox Marian perspective. However, the Orthodox views on Mary are mostly doxological, rather than academic: they are expressed in hymns, praise, liturgical poetry and the veneration of icons. One of the most loved Orthodox Akathists (i.e. standing hymns) is devoted to Mary and it is often simply called the ''Akathist Hymn''. Five of the twelve Great Feasts in Orthodoxy are dedicated to Mary. The Sunday of Orthodoxy directly links the Virgin Mary's identity as Mother of God with icon veneration. A number of Orthodox feasts are connected with the miraculous icons of the Theotokos.
The Orthodox view Mary as "superior to all created beings", although not divine. The Orthodox venerate Mary as conceived immaculate and assumed into heaven, but they do not accept the Roman Catholic dogmas on these doctrines. The Orthodox celebrate the Dormition of the Theotokos, rather than Assumption.
The Protoevangelium of James, an extra-canonical book, has been the source of many Orthodox beliefs on Mary. The account of Mary's life presented includes her consecration as a virgin at the temple at age three. The High Priest Zachariah blessed Mary and informed her that God had magnified her name among many generations. Zachariah placed Mary on the third step of the altar, whereby God gave her grace. While in the temple, Mary was miraculously fed by an angel, until she was twelve years old. At that point an angel told Zachariah to betroth Mary to a widower in Israel, who would be indicated. This story provides the theme of many hymns for the Feast of Presentation of Mary, and icons of the feast depict the story. The Orthodox believe that Mary was instrumental in the growth of Christianity during the life of Jesus, and after his Crucifixion, and Orthodox Theologian Sergei Bulgakov wrote: "The Virgin Mary is the center, invisible, but real, of the Apostolic Church"
Theologians from the Orthodox tradition have made prominent contributions to the development of Marian thought and devotion. John Damascene (c 650─c 750) was one of the greatest Orthodox theologians. Among other Marian writings, he proclaimed the essential nature of Mary's heavenly Assumption or Dormition and her mediative role.
More recently, Sergei Bulgakov expressed the Orthodox sentiments towards Mary as follows:
Mary is not merely the instrument, but the direct positive condition of the Incarnation, its human aspect. Christ could not have been incarnate by some mechanical process, violating human nature. It was necessary for that nature itself to say for itself, by the mouth of the most pure human being: "Behold the handmaid of the Lord, be it unto me according to Thy word."
Protestants in general reject the veneration and invocation of the Saints. Protestants typically hold that Mary was the mother of Jesus, but was an ordinary woman devoted to God. Therefore, there is virtually no Marian veneration, Marian feasts, Marian pilgrimages, Marian art, Marian music or Marian spirituality in today's Protestant communities. Within these views, Roman Catholic beliefs and practices are at times rejected, e.g., theologian Karl Barth wrote that "the heresy of the Catholic Church is its Mariology".
Some early Protestants venerated and honored Mary. Martin Luther wrote that: "Mary is full of grace, proclaimed to be entirely without sin. God's grace fills her with everything good and makes her devoid of all evil". However, as of 1532 Luther stopped celebrating the feast of the Assumption of Mary and also discontinued his support of the Immaculate Conception.
John Calvin said, "It cannot be denied that God in choosing and destining Mary to be the Mother of his Son, granted her the highest honor. However, Calvin firmly rejected the notion that anyone but Christ can intercede for man.
Although Calvin and Huldrych Zwingli honored Mary as the Mother of God in the 16th century, they did so less than Martin Luther. Thus the idea of respect and high honor for Mary was not rejected by the first Protestants; but, they came to criticize the Roman Catholics for venerating Mary. Following the Council of Trent in the 16th century, as Marian veneration became associated with Catholics, Protestant interest in Mary decreased. During the Age of the Enlightenment and residual interest in Mary within Protestant churches almost disappeared, although Anglicans and Lutherans continued to honor her.
Protestants acknowledge that Mary is "blessed among women" but they do not agree that Mary is to be venerated. She is considered to be an outstanding example of a life dedicated to God.
In the 20th century, Protestants reacted in opposition to the Catholic dogma of the Assumption of Mary. The conservative tone of the Second Vatican Council began to mend the ecumenical differences, and Protestants began to show interest in Marian themes. In 1997 and 1998 ecumenical dialogs between Catholics and Protestants took place, but to date the majority of Protestants pay scant attention to Marian issues and often view them as a challenge to the authority of Scripture.
Certain Lutheran churches such as the Anglo-Lutheran Catholic Church however, continue to venerate Mary and the saints in the same manner that Roman Catholics do, and hold all Marian dogmas as part of their faith.
The United Methodist Church, as well as other Methodist churches, have no official writings or teachings on the Virgin Mary except what is mentioned in Scripture and the ecumenical Creeds, mainly that Christ was conceived in her womb through the Holy Spirit and that she gave birth to Christ as a virgin. John Wesley, the founder of the Methodist Movement within the Church of England, which later led to the Methodist Church, believed that the Virgin Mary was a perpetual virgin, meaning she never had sex. Many Methodists reject this concept, but some Methodists believe it. The church does hold that Mary was a virgin before, during, and immediately after the birth of Christ.
John Wesley stated in a letter that:
Article II of the Articles of Religion of the Methodist Church states that:
From this, the Virgin Mary is believed to be the Theotokos, or Mother of God, in the Methodist Church, although the term is usually only used by those of High Church and Evangelical Catholic tradition.
Article II of The Confession of Faith from The Book of Discipline states:
From this statement, Methodists reject the Catholic ideas of Mary as a Co-Redemptrix and Mediatrix of the Faith. The Methodist Churches disagree with veneration of saints, of Mary, and of relics; believing that reverence and praise are for God alone. However, studying the life of Mary and the biographies of saints is deemed appropriate, as they are seen as heroes and examples of good Christians. The Methodist churches reject the doctrines of the Immaculate Conception and the Assumption of Mary, stating that Christ was the only person to live a sinless life and to ascend body and soul into Heaven.
Mary, the mother of Jesus, is mentioned as Maryam, more in the Qur'an than in the entire New Testament. She enjoys a singularly distinguished and honored position among women in the Qur'an. A chapter in the Qur'an is titled "Maryam" (Mary), which is the only chapter in the Qur'an named after a woman, in which the story of Mary (Maryam) and Jesus(Isa) is recounted according to the Islamic view of Jesus.
She is mentioned in the Qur'an with the honorific title of "our lady" (''syyidatuna'') as the daughter of Imran and Hannah.
She is the only woman directly named in the Qur'an; declared (uniquely along with Jesus) to be a ''Sign of God'' to mankind ; as one who "''guarded her chastity''" ; an ''obedient one'' ; ''chosen of her mother'' and dedicated to God whilst still in the womb ; uniquely (amongst women) ''Accepted into service by God'' ; cared for by (one of the prophets as per Islam) Zakariya (Zacharias) ; that in her childhood she resided in the Temple and uniquely had access to Al-Mihrab (understood to be the Holy of Holies), and was provided with heavenly 'provisions' by God .
Mary is also called a ''Chosen One'' ; a ''Purified One'' ; a ''Truthful one'' ; her child conceived through ''"a Word from God"'' ; and ''"exalted above all women of The Worlds/Universes (the material and heavenly worlds)"'' .
The Qur'an relates detailed narrative accounts of Maryam (Mary) in two places Sura 3 and Sura 19. These state beliefs in both the Immaculate Conception of Mary and the Virgin birth of Jesus. The account given in Sura 19 of the Qur'an is nearly identical with that in the Gospel according to Luke, and both of these (Luke, Sura 19) begin with an account of the visitation of an angel upon Zakariya (Zecharias) and ''Good News of the birth of Yahya (John)'', followed by the account of the annunciation. It mentions how Mary was informed by an angel that she would become the mother of Jesus through the actions of God alone.
In the Islamic tradition, Mary and Jesus were the only children who could not be touched by Satan at the moment of their birth, for God imposed a veil between them and Satan. According to author Shabbir Akhtar, the Islamic perspective on Mary's Immaculate Conception is compatible with the Catholic doctrine of the same topic.
The Qur'an says that Jesus was the result of a virgin birth. The most detailed account of the annunciation and birth of Jesus is provided in Sura 3 and 19 of The Qur'an wherein it is written that God sent an angel to announce that she could shortly expect to bear a son, despite being a virgin.
Category:1st-century BC births Category:1st-century Christian female saints Category:1st-century deaths Category:Coptic Orthodox saints Category:Oriental Orthodox saints Category:Eastern Orthodox saints Category:Followers of Jesus Category:Jesus Category:Angelic visionaries Category:Prophets in Christianity Category:Roman Catholic saints Category:People celebrated in the Lutheran liturgical calendar Category:Roman era Jews Category:Saints from the Holy Land Category:Anglican saints Category:Christianity and women
af:Maria ar:مريم العذراء arc:ܡܪܝܡ (ܐܡܗ ܕܝܫܘܥ) az:Məryəm be:Марыя, маці Ісуса be-x-old:Багародзіца bar:D Jungfrau bo:མིར་ཡམ ། br:Mari, mamm Jezuz bg:Богородица ca:Maria, mare de Jesús ceb:María (inahan ni Jesús) cs:Maria (matka Ježíšova) cy:Y Forwyn Fair da:Jomfru Maria de:Maria (Mutter Jesu) et:Maarja el:Παναγία eml:Maria (mèr ad Gesü) es:María (madre de Jesús) eo:Dipatrino eu:Maria fa:مریم fr:Marie (mère de Jésus) ga:Muire gd:Moire gl:Virxe María ko:마리아 (예수의 어머니) hi:मरियम (ईसा मसीह की माँ) hsb:Knježna Marija hr:Marija (majka Isusova) io:Madono id:Maria ia:Maria (matre de Jesus) is:María mey it:Maria (madre di Gesù) he:מרים, אם ישו jv:Maria kn:ಸಂತ ಮೇರಿ ka:მარიამ ღვთისმშობელი kw:Maria Wynn sw:Bikira Maria ku:Meryem la:Maria (mater Iesu) lv:Jaunava Marija lt:Marija (Jėzaus motina) li:Maria ln:Maria wa Nazaleti lmo:Maria, mader de Gesü hu:Szűz Mária mk:Богородица Марија ml:മറിയം arz:العدرا مريم ms:Maryam nah:María Ichpōchtli nl:Maria (moeder van Jezus) ja:イエスの母マリア no:Jomfru Maria nn:Jomfru Maria nrm:Sainte Mathie pa:ਕੁਆਰੀ ਮਰਯਮ pnb:مریم pl:Maria z Nazaretu pt:Maria (mãe de Jesus) ro:Fecioara Maria qu:Qullana Mariya ru:Богородица sq:Shën Maria si:මරියා (ජේසුස් තුමාගේ මව) simple:Mary (mother of Jesus) sk:Panna Mária sl:Sveta Marija sr:Марија (мајка Исусова) sh:Marija (majka Isusova) fi:Neitsyt Maria sv:Jungfru Maria ta:மரியாள் (இயேசுவின் தாய்) te:మరియమ్ th:มารีย์ (มารดาพระเยซู) tr:Meryem (İsa'nın annesi) uk:Діва Марія ur:مریم علیہا السلام vec:Maria (mare de Gesù) vi:Maria wa:Mareye (mame da Djezus) vls:Maria (moedre van Jezus) yo:Màríà (ìyá Jésù) zh:馬利亞 (耶穌的母親)
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