Prohibited degree of kinship - Wikipedia
The mode of computation by the canon and English common law is to begin In computing the degrees of consanguinity, the civil law is generally followed in Carolina, where the rules of the canon or common law of England in relation to. COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS The degree of a relationship is computed by the civil law method. Including the Twelve Tables, the Institutes of Gaius, the Rules of Ulpian, the Opinions of (9) Whenever a question arises as to the degree of relationship existing between one The relation of sister is computed in the same way as that .
Consanguinity refers to all the people your are related to by blood, a biological relationship. Affinity refers to civil relationships arising from marriage your "in-laws". Clearly the minimum number of relatives within one degree of consanguinity is two, since we all have two parents. Let us assume that the typical or average number of children for every person who raises a family in a given society is 5. This means the typical or average number of siblings is 4.
Assuming further that the typical or average number of spouses is 1, we get a nice even dozen 12 as the typical or average number of people within one civil degree of consanguinity or affinity. We are interested of course in a number we could call N4, which is the same number out to the fourth civil degree of relationship or "relativity. But this number is not all for how many relatives do I have by affinity? Well, these are all of the people that are my spouse's relatives out to the THIRD degree of consanguinity or affinity.
A LOWER BOUND on this number are just her relatives by consanguinity, which by the same reasons used above would be the cube of the typical number of children or direct descendants in each generation. For our typical number of 5 children, this means that in the fourth degree of affinity, we could have as many as 12 cubed or What a charming irrelevance the Supreme Court has made of the very provision they claim empowers them to establish such Rules of Court: The Supreme Court shall have the following powers: Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights.
Consanguinity in Civil and Common Law The method of computing by the civil law is to begin at either of the persons in question and count up to the common ancestor, and then downwards to the other person, calling it a degree for each person, both ascending and descending, and the degrees they stand from each other is the degree in which they stand related.
Thus, from a nephew to his father is one degree; to the grandfather, two degrees and then to the uncle, three; which points out the relationship.
The mode of the civil law is preferable, for it points out the actual degree of kindred in all cases; by the mode adopted by the common law different relations may stand in the same degree.
The uncle and nephew stand related in the second degree by the common law, as are two first cousins or two sons of two brothers.
Legal Definition of Consanguinity
But by the civil law the uncle and nephew are in the third degree and the cousins are in the fourth. However, the mode of computation is immaterial as both will establish the same person to be the heir. In this way the degrees of relationship were determined by the number of generations on one side only; while in the Roman civil system the number of degrees resulted from the sum of the generations on both sides.
In the Roman system computatio Romana civilis first cousins would be in the fourth degree, while in the new computation they would be in the second degree of consanguinity. This, as is seen, would extend the impediment of consanguinity.
CATHOLIC ENCYCLOPEDIA: Consanguinity
Some have called the new computation Germanic computatio Germanica because it has a similarity to the peculiar Germanic system of determining inheritance, and whose technical terms were borrowed from the seven joints of the body on both sides from the neck to the finger-tips. But Santi-Leitner calls attention ed. The latter system was more directly connected with the natural relations of marriage, and Alexander II treated it as peculiarly ecclesiastical law c.
The reception and extension of this severe discipline regarding the impediment of consanguinity came about gradually and by custom, says Wernz, from the sixth and seventh centuries when first the third and then the fourth degree, i.
It is, however, doubtful whether the sixth and seventh degrees of consanguinity were ever a diriment impediment, at least everywhere.Degree of prohibited relationship given under Section 3(g)
It is not improbable that even the fifth was only a preventive impediment Wernz, op. While in the twelfth century the theory of the remote degrees was strictly maintained by canonists, councils, and popesin practice marriages ignorantly contracted within them were healed by dispensation or dissimulation Wernz, loc.
He explains that it was found difficult to carry out the extension to further degrees. For a defence of his illustrative reference to the current theory of the "four bodily humours", borrowed from the ancient physiology, see Santi-Leitner, op. Gregory Iif the letter in question be truly his, granted to the newly converted Anglo-Saxons restriction of the impediment to the fourth degree of consanguinity c. For converted infidels it is recognized that the Church does not insist upon annulment of marriages beyond this first degree of consanguinity.
For further details of the history of ecclesiastical legislation concerning this impediment see Esmein, "Le mariage en droit canonique", Paris,I, ; II,; Santi-Leitner, op. Motives of impediment The Church was prompted by various reasons first to recognize the prohibitive legislation of the Roman State and then to extend the impediment of consanguinity beyond the limits of the civil legislation.
The welfare of the social order, according to St. By overthrowing the barriers between inimical families and races, ruinous internecine warfare was diminished and greater peace and harmony secured among the newly-converted Christians. In the moral order the prohibition of marriage between near relations served as a barrier against early corruption among young persons of either sex brought habitually into close intimacy with one another; it tended also to strengthen the natural feeling of respect for closely related persons St.
AugustineCity of God XV. Nature itself seemed to abhor the marriage of close kin, since such unions are often childless and their offspring seem subject to grave physical and mental weakness epilepsy, deaf-muteness, weak eyes, nervous diseasesand incur easily and transmit the defects, physical or moral, of their parentsespecially when the interbreeding of blood-relations is repeated Santi-Leitner, op.
Mode of calculation In calculating the degree of consanguinity special attention must be paid to three things, the line, the degree, and the stock or root. The stock, or root, is the common ancestor, or the personmale or femalefrom whom descend as from the nearest common bond the persons whose blood-relationship is to be determined. The degree is the distance of one person from the other in regard to blood-relationship.
The line is the classified series of persons descending from the common stock through one or more generations. The line is direct when the series of persons descend one from the other, as father and son, grandfather and grandchild.
The line is transverse, or collateral, when the blood-relations spring from a common stock, yet do not descend one from the other but form different branches side by side, as two brothers, two nephews. This collateral line is equal or unequal according as these persons derive equally or unequally from the same stock or root.
The blood-relationship is computed according to the distance from the stock whence it is derived, and this is the rule by which the degrees or steps of consanguinity are determined. In the direct line the Roman civil and the canon law agree on the principle that there are as many degrees as generations; hence as many degrees as there are personsomitting the stock or root.
A son is one degree from his fathera grandchild two degrees from the grandfather.
Consanguinity (in Canon Law)
In the computation of the degrees of the transverse or collateral line there is a serious difference between the Roman civil and the canon law. The civil law founded its degrees upon the number of generations, the number of degrees being equal to the number of generations; thus between brothers there are two degrees as there are two generations; between first cousins four degrees, corresponding to the four generations. The degrees are calculated easily in the civil law by summing up the number of persons in each line, omitting the common ancestor.
Except for marriage, the canon law follows regularly the computation of the civil lawe. But the Canon law, in the collateral line of consanguinity, computes for marriage one series only of generations, and if the series are unequal, only the longer one.
Hence the principle of canon law that in the transverse or collateral line there are as many degrees of consanguinity as there are persons in the longer series, omitting the common stock or root.
If the two series are equal, the distance is the number of degrees of either from the common stock. Thus brother and sister are in the first degree, first cousins in the second degree; uncle and niece in the second degree because the niece is two degrees from the grandfather who is the common stock.
Thus if Caius has two sons, Titius and Sempronius, and Sempronius has a son and grandchild, the relationship of the grandchild of Sempronius to Titius is in the third degree, because this grandchild is distant three degrees from the common stock, Caius. This rule holds if the common stock should only be one person ; thus half-brothers and half-sisters, that is from either father or mother, are in the first degree. Children of the same father and mother are called german, as from the common germ; those of the same mother and not of the same father are called uterine, as from the same womb; and children of the same father and different mother are called blood-children.