Canon law of Paxism: Difference between revisions
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[[Category:Paxism]] [[Category:Packilvania]]
{{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 [[Writings of Paxism|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==
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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. [[W:Exegesis|Exegesis]] is the philosophy that scripture bears its own truths and must be uncovered as is. [[W:Eisegesis|Eisegesis]] is the philosophy that scriptural analysis is inherently subject to the circumstances and biases of
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.
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===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 [[Administrative divisions of Packilvania|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.
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