Canon law of Paxism

Canon law of Paxism (Packilvanian: luShureeh aPaxashme) refers to the system of laws relate to, concerning and emanating from Paxism as well as the structures, institutions and philosophies that shape its implementation, creation and Interpretation. The primary sources of Paxist Canon law are scripture namely the Bas Magdamar as well as the Cathecism of the Magisterium of Paxism. The creation of Canon law arises from the creation of Bulls whose epistemological basis and interpretive philosophy of scripture underpin their pronouncements. Various mechanisms such as excommunication exist to enforce Paxist Canon law and various institutions such as courts exist to uphold it. Paxist Canon law spans a spectrum of issues such as marriage, personal status, proper conduct of rituals etc.

Sources of law

According to the Magisterium of Paxism, the Bas Magdamar is the final and highest of the Writings of Paxism and forms the foundation of the canon law of Paxism. The section of the Bas Magdamar known as luQalimifiya aluSuvraaniyat (the Writing on the Government or colloquially known as the Government). The Bas Magdamar consists of the Ichtmar, composed under Prophet Besmali, Vagumar, composed under Suleiman of Yehudah, and the additions approved by the Council of Bingol and composed under Melkezedek the Great, known as the Bingolian Additions.

Below the Bas Magdamar is the Catechism of the Magisterium of Paxism (luFiqah aluMakheesiyat aPaxashme). The Cathecism consists of the officially recognised interpretations of scripture by the Magisters. This is done through documents known as bulls (luFataw). A bull is a type of religious edict which is published by a Magister, reviewed by their peers. Bulls can be retracted or denounced by a future bull published by the same Magister or by a bull issued by a senior Magister. Each bull must answer a specific issue and interpret existing scripture in the context of addressing a specific topic. A bull cannot violate recognised edicts and scripture.

Creation of law

Whereas the Bas Magdamar was written centuries ago, the Cathecism remains continuously produced. It starts with a question arising from scholar research or arising from a dispute in scripture brought forth through a complaint by one party against another Additionally, a Magisterial body or senior official can request that another Magister pursue research into a particular area and produce a report on their findings. Thus, a Magister will, either in the context of resolving the dispute or answering the question, create a bull. The process of creating a bull has evolved over time, but the current process is defined in the bull "On the process of the Creation of law" published by Supreme Magister Samandriel II with supplementary texts by succeeding Supreme Magisters. A bull consists of two main portions: luTakabad (Report) and luIshtihad (Understanding).

Report

Scope and function

The bull must start by defining the issue being addressed and clearly define the scope of the bull. This is the first step that the Magister must follow. Magisters are usually encouraged to seek out the advice of a colleague in defining the scope. In some cases, the scope is defined by the terms of reference provided by the Magisterial body or official who requested that their junior pursue further inquiry into the issue.

Literature review

Secondly it must contain a systematic literature review of Scripture and Cathechism. As such it must make direct reference to the Bas Magdamar and account for existing bulls that have an impact on the issue being addressed. Furthermore, for parts of the issue that are linked to secular information, reviews of academic and other recognised literature concerning the issue are required.

In Packilvania, it is required that further pursuit of the research must be approved by either a higher-ranked Magister or a Review Committee of Magisters recognised by the Magisterium. Most universities in Packilvania allowed to teach Paxist theology and law have such committees. The Committee takes the scope and its relationship with the existing literature identified by the author to determine whether there is cause for further inquiry.

Research Methodology

The third section is a description of what evidence needs to be collected as well as how it will be collected to answer the . It must contain an explanation of the methodology to be used in gathering information e.g., questioning witnesses, analysing archaeological evidence, etc. This section might not be relevant if no further evidence gathering is required.

Findings

This is a description and if necessary an explanation of the data or information that is collected. Most Magisters usually have a record of interviews etc. that are contained in the Supplementary documentation accompanying the bull. This section might not be relevant in the case that the bulk does not depend on any evidence or information outside of Scripture and the Cathecism.

Understanding

The section of the Understanding (luIshtihad) is where the Magister applies systematic logical reasoning to interpret the results of their report and what the implications of that might be in the understanding of the meaning of Scripture. The Magister could take the approach of either:

• Refute the existence or relevance of existing interpretations and understandings,
• Confirm some understanding which already exists intuitively,
• Provide entirely new understanding of the meaning of scripture

Epistemology

In providing the Ishtihad, the Magister must explain what philosophy of knowledge (epistemology), they followed. The existing schools of epistemology are as follows:

• Arcmadism (Akhmadishme) was developed by Rahmash Akhmad (known in Staynish as Remis Arcmad). This is takes a positivist approach i.e., only one reality exists and that the purpose of understanding is to reveal it. This is usually given by a literalist interpretation of scripture.
• Mohanism (Muhandishme) was developed by Shmahaniel Muhand (aka Samminel Mohan). It also takes a positivist approach but is dictates that empirical or physical evidence from reality must align with scripture. This philosophy often relies on the idea that observations of reality that do not rely on a literalist understanding of scripture are inaccurate. Most Mohanists rely on Arcmadist axioms and models and this field is sometimes viewed as Mohano-Arcadism.
• Orsonism (Irshanishme), developed by Amhoud Irshan (Amith Orson), takes an interpretivist approach by focusing on how reality is not static or uniform but is affected by the perspective of the onlooker. This takes the assumption that all interpretations of scripture are inherently subjective and by extension pursuit of an absolute reality including on scripture is not relevant but rather the role of scripture in relation to the question is more important. This is also called Auroranism because it was popularised in Great Morstaybishlia and Emberwood Coast.

Each epistemology has a different function depending on the Question asked by and scope encompassing the bull. However, sometimes multiple epistemologies may be appropriate for the same question so different bulls can come to different outcomes based on their epistemology of choice.

Interpretive philosophy of scripture

While the epistemology of a bull dictates the systematic approach to logical reasoning behind the bull being created, an interpretive philosophy underpins the framing of the purpose of bull.

Of note is the tension between exegesis and eisegesis. Exegesis is the philosophy that scripture bears its own truths and must be uncovered as is. Eisegesis is the philosophy that scriptural analysis is inherently subject to the circumstances and biases of the interpreter and thus posits that a successful interpretation of scripture is through its successful application in substantiating or denouncing a predetermined viewpoint.

These interpretive philosophies are predicated on assumptions about the scripture itself as well as the relationship between sapient mortals and the scripture. Exegesis relies on the premise that scripture is inherently knowable and that the reality it creates for the people is absolute. Eisegesis relies on the premise that context influences scripture and that the efficacy of interpretation lies in the effectiveness of its ability to defend or dispel a perspective. Exegesis is sometimes referred to as the Literalist approach whereas Eisegesis is referred to as the Activistic approach.

Species of Canon law

Canon law consists of:

Sacramental law

Sacramental law relates to the proper conduct of sacred religious rituals. Rituals is defined narrowly to refer to solely spiritual ceremonies conducted to invoke a reaction from the divine namely: baptism and sacrifice.

Moral law

This law concerns outward and inward morality.

• Inward morality relates to thoughts, emotions and actions that the individual has for and upon themselves.
• Outward morality relates to morality towards others. This includes how we treat others.

Administrative law

This is law concerning the governance and administration of the Magisterium of Paxism. This includes the proper seniority of Magisters, their recognition appointment and dismissal, progression and expulsion, powers and duties and their relationship with entities beyond the clergy such as the public and government.

Matrimonial law

Matrimonial law is concerned with marriage. It is the intersection of sacramental law and moral law manifested through the proper organisation of romantic relationships and their culmination in the institution of marriage. The proper processes to be followed in execution of and proper qualifications for those entering into marriage are defined by matrimonial law. Furthermore, matrimonial law governs the relationship of the participants in the marriage contract, the appropriate expectations of conduct and finally the termination of marriage and the expectations theretofore.

Law of Personal Status

The law of personal status concerns that identity of individuals from their own perspective as well as from the perspective of the community or society. It concerns what properties are possessed and rights are imbibed in sapient beings by virtue of their sentience. It aims to delineate how much of the person's identity consists of their external performance and internal self-description. It forms the basis of determining capacity of one person to exercise certain actions such as rituals, to enter into arrangements such as marriage etc.

Family law

Family concerns the description and delineation of the institution of the family and relationship between its participants. At its core it consists of the marital unit and its offspring and aims to look at the expectations and rights that individuals in such units possess.

Adjudication of Canon law

Magisters have the power to arbitrate disputes over matters arising from Paxist Canon law. In Packilvania, only Magisters who have been appointed to a court of the judiciary of Packilvania can actually administer justice and adjudicate disputes arising from and governed by Paxist Canon law. Although Packilvania is a Paxist theocracy there is a distinction between secular law and Canon law as such a parallel legal system exists for religious law. This court system consists of the following courts.

Religious Courts

Religious Courts are courts of first instance that adjudicate disputes and hear criminal proceedings arising from Paxist Canon law as delineated by relevant statutes, case law and the Constitution of Packilvania. Judges in these courts are civil servants. They are appointed on the basis of a formal legal and theological education, performance in judicial exams and interviews administered by other judges and Department of Justice officials, as well as the outcome of background checks. Most of the cities of Packilvania have at least one Religious Court.

Religious Appeals Courts

These are courts which receive appeals from lower courts. They sit on the same level as the High Courts and have jurisdiction over a province of Packilvania. Multiple Religious Appeals Courts can sit in different cities of the Province and are known as divisions. Each division is equal and their decisions are binding on all courts within their geographic jurisdiction. They can only rule on the procedure of a trial but their decisions have implications on substantive law and thereby comprise part of the law of Packilvania. Their decisions can be appealed to and overturned by the Supreme Court of Packilvania.

The Religious Appeals Courts are headed by a Judge President and consists of Judges appointed by the Sultan of Packilvania. The Judicial Appointments Commission is responsible for making the non-binding recommendations for candidates to these posts. Although the Sultan almost always picks from their nominations and heads their recommendations, he is not obligated to follow their advice. Judges for the Religious Appeals Courts are typically judges who have served in Religious Courts for 8 years or worked as an advocate of the Religious Appeals Court for 15 years without any disciplinary action against them.

Outside of Packilvania

Outside of Packilvania or any other country in which Paxism is not the state religion, matters arising from or related to Paxist Canon law are processed through the Magisterium of Paxism itself. Thus a person can bring a dispute to a Magister and appeal it to a Senior Magister then to a High Magister then Great Magister then the Supreme Magister and/or the Council of Great Magisters depending on the nature of the issue. Rulings from a higher Magister supercede and overturn rulings made by lower Magisters. Within a jurisdiction, the principle of precedent is followed whereby disputes with similar facts are judged in similar ways as far as the legal and canonical circumstances under which they were litigated are consistent.

Enforcement of Canon Law

The enforcement of canon law relates to the relationship between the letter of the law created and the efforts exerted to bring it to fruition in the physical world and the institutions created to support that process.

In some schools of Paxism, it is believed that there are layers of enforcement. Specifically, some believe that laws concerning the internal governance of the Magisterium must be independent of external forces whereas other believe that Paxist rulers should have some influence over the Magisterium which operates in their realm. As such, in some nations, the Magisterium might have a relationship with the state such that the state has power to make decisions over certain areas of its internal structure such as and most commonly the appointment of Magisters.

The second area of the enforcement of Canon law lies in how it is enforced within congregations and religiously established or affiliated bodies. Some believe that the Priests and Magisters have the responsibility to ensure that their flock have access to and perform on behalf of their congregants the sacraments, matrimonial administration and rebuking of those within their congregations. This goes so far as the nature of punishments for deviations from Canon law.

Two tools typically wielded by the Magisterium are as follows:

• Excommunication (Xitarifiya) is the process of excluding someone from participation in formal religious structures due to some harm that their conduct is imposing on the institution.
• Anathemiation (Nazrahiraam) is the process of declaring a practice or belief system anathema (Hiraam) i.e., impermissible. Anathema carries with it the weight that the practice or philosophy it condemns is an inherent effrontery to the Magisterium and by extension the religious order that emanates from scripture and by consequence the Most Divine and forbidding its practice.

Another area of enforcement is the imposition or propagation of religious values upon institutions of government and larger society. This can vary immensely based on context. In some systems, the Magisterium has the power to influence the creation of secular or temporal laws and the enforcement of Paxist law on non-adherents of Paxism through state institutions. This is the case in Packilvania where mechanisms such as the judiciary of Packilvania exist to enforce and impose Paxist law on all subjects of the Sultan of Packilvania. In contrast, in other countries the state institutions do not enforce or impose Paxist law on their citizens.