The Privilege of the Forum in Criminal Cases: A Historical Case Study for Roman Catholic Social Ethics
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Authors
Fleming, Julia
Issue Date
2024
Volume
25
Issue
Type
Journal Article
Language
Keywords
Privilege of the Forum , Immunity , Vitoria , Suárez , Caramuel
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Abstract
For centuries, Roman Catholic theology and canon law claimed that clerics and other “ecclesiastical persons” could not be tried as defendants in secular courts. This practice, the privilege of the forum, provides a test case for contemporary Catholic social ethics. Its general history and selected accounts from Vitoria, Suárez, and Caramuel, illustrate the risks of applying an overly narrow theory to an evolving practice. This record also reminds contemporary social ethics to consider the phrasing and context of our questions, the significance of questions we overlook, and our ethical response to the social sin flowing from unintended consequences.
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Citation
Publisher
Rabbi Myer and Dorothy Kripke Center, Creighton University
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DOI
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ISSN
1941-8450