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风灵 The second oldest component of the civil law tradition is the canon law of the Roman Catholic Church. ——John Henry Merryman and Rogelio Pérez-Perdomo, The Civil Law Tradition (4th edition), 2018, Stanford University Press p11.
大陆法系的第二个最古老的组成部分，是罗马天主教会的教会法。——（美）约翰·亨利·梅利曼 （委）罗格里奥·佩雷斯·佩尔多莫 著，《大陆法系》（第四版），第11页。Canon law is the body of laws and regulations made or adopted by ecclesiastical authorities for the governance of the Christian Church and its members. Derived from the Greek word 'kanon' meaning 'rule' or 'measure,' canon law has governed the conduct of clergy and the administration of the Church's sacraments, and has provided guidance to the faithful for many centuries.教会法是教会当局为管理基督教会及其成员而制定或采纳的法律和条例。教会法一词源于希腊语“kanon”，意思是“规则”（rule）或“措施”（measure），它规范神职人员的行为和教会圣礼的管理，许多世纪以来为信徒提供指导。With the break-up of the far-flung system of Roman administration, the Church took over some of the functions of government. Indeed, after the fall of Roman Empire, and until the revival of Roman law in the eleventh century, the single most important universalizing factor in the diverse and localized legal systems of the civil law tradition was canon law.伴随着罗马庞大的行政体系的解体，教会接管了政府的一些职能。事实上，从罗马帝国灭亡之后，直到11世纪罗马法复兴，大陆法系的法律制度呈现多样化和地方性，而其中唯一最重要的普遍性法律就是教会法。But canon law itself was a hybrid of sorts. It had been produced by Christian notions interacting reciprocally with Roman law after the Christianization of the Empire, a process during which the reign of Constantine (d. 337 A.D.) was an important marker. The sixth century Justinian Corpus, in particular, was affected by Christian ideas, but the Church, for its part, had borrowed freely from the structure, principles and detailed ruled of ancient Roman law.不过教会法本身也是一种混合体。它是在罗马帝国基督教化之后，由基督教的理念与罗马法相互作用而产生的，在这一过程中，君士坦丁（公元337年）的统治是个重要的标志。特别地，公元六世纪的查士丁尼法典是受到了基督教思想的影响，但教会这边，也自由地借鉴了古罗马法的结构、原则和细节规定。Various collections and arrangements of canon law materials were assembled, and by the time of the Bolognese revival a substantial body of written canon law was available for study. Gratian’s Decretum, itself a compilation, was for the canon law what the Digest was for Roman law.经收集和整理的教会法得到集成，迄至博洛尼亚的复兴时代，已经有了大量的成文教会法文本可供研究使用。格兰西的《教会法汇要》（Decretum）本身就是汇编的文本，其对于教会法的意义就相当于《学说汇纂》对于罗马法的意义。Gratian was a 12th-century Italian monk and scholar. He is often referred to as the 'Father of Canon Law' due to his significant contributions to the field. His Decretum was compiled around 1140 and quickly became the standard textbook for the study of canon law in the universities of Europe.The Decretum is a collection of thousands of extracts from the decisions of church councils, papal decrees, and writings of the Church Fathers, arranged to illustrate the rules of canon law. Gratian sought to reconcile contradictions and inconsistencies among these various sources, and his work is noted for its systematic approach to canon law, applying methods of legal reasoning and argumentation similar to those used in Roman law.Gratian's Decretum played a major role in the development of canon law during the Middle Ages and had a significant influence on the legal development of the Western world. It remained a fundamental text in the study of canon law until the 1917 Code of Canon Law, the first comprehensive codification of canon law, came into effect.Just as the Roman civil law was the universal law of the temporal empire, directly associated with the authority of the emperor, so the canon law was the universal law of the spiritual domain, directly associated with the authority of the Catholic Church. The Bible was the most cited book in Gratian’s Decretum and the inspiration for many of its rules. In canon law development, the religious inspiration weakened but a certain moralism remained.罗马私法是世俗帝国的普遍法则，直接与皇权相联系，教会法则是宗教界的普遍法则，直接与天主教教会权力相联系。《圣经》是格兰西《教会法汇要》中被引用最多的著作，也是许多教规之启示。在教会法的发展过程中，宗教启示有所减弱，但仍保留了一定的道德性。The study of canon law was joined with the study of the Roman civil law in the universities of the civil law world. Students studied “both laws”. The degree conferred on a student who had completed the full course of study was Juris Utriusque Doctor, or Doctor of Both Laws, referring to the civil law and the canon law. (The J.U.D. degree is still granted in some universities in the civil world.) Because the two were studied together in the universities, there was a tendency for them to influence each other; and the canon law, as well as the Roman civil law, helped in the formation of the jus commune that was subsequently received by the European states.在大陆法系的大学里，教会法研究与罗马私法的研究融会在一起，学生修习“双法”。修完全部课程的学生被授予双法博士学位（Juris Utriusque Doctor，J.U.D.）。大陆法系国家的一些大学至今仍在授予双法博士学位。由于这两门法学在大学里被并合研究，所以存在彼此影响的趋向。教会法与罗马法一同促进了后来为欧洲国家所接受的共同法的形成。During the Middle Ages, the Church sought and acquired jurisdiction for its own tribunals over matrimonial causes, and over certain aspects of criminal law and succession to personal property.Canon law influenced the jus commune mainly in the areas of family law and succession (both parts of the Roman civil law), criminal law and the law of procedure. By the time the ecclesiastical courts of Europe were deprived of their civil jurisdiction, many substantive and procedural principles and institutions they had developed had been adopted by the royal courts themselves.教会法对共同法的影响主要在家庭法、继承法（这也是罗马私法中的两个部分）、刑法和程序法方面。当欧洲教会法院被剥夺了民事审判权后，它们所发展的许多实体法、程序法上的原则和制度，便由皇家法院本身所吸收了。“法律英语与文化”是与法律英语阅读课程配套的专题栏目，旨在帮助大家了解与阅读材料相关的背景知识。
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