document_title: Paralegal

question_text: the two major national associations of paralegal professionals are known as

question_tokens: the two major national associations of paralegal professionals are known as

text: Paralegal

text: Official definitions[edit]

text: Various professional organizations offer official definitions of a paralegal. These definitions typically have slight differences.

text:
From the National Federation of Paralegal Associations (NFPA) [USA]: "A paralegal is a person, qualified through education, training or work experience to perform substantive legal work that requires knowledge of legal concepts and is customarily, but not exclusively, performed by a lawyer. This person may be retained or employed by a lawyer, law office, governmental agency or other entity or may be authorized by administrative, statutory or court authority to perform this work. Substantive shall mean work requiring recognition, evaluation, organization, analysis, and communication of relevant facts and legal concepts."[1]
From the National Association of Legal Assistants (NALA) [USA]: "Legal assistants (also known as paralegals) are a distinguishable group of persons who assist attorneys in the delivery of legal services. Through formal education, training and experience, legal assistants have knowledge and expertise regarding the legal system and substantive and procedural law which qualify them to do work of a legal nature under the supervision of an attorney." This is NALA's former 1984 definition. In 2001, the organization adopted the American Bar Association's (ABA) definition of a paralegal/legal assistant.[2]
From National Association of Legal Secretaries (NALS) [USA]: "A legal assistant/paralegal is a person, qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible."[3]
From the American Association for Paralegal Education (AAfPE) [USA]: "Paralegals perform substantive and procedural legal work as authorized by law, which work, in the absence of the paralegal, would be performed by an attorney. Paralegals have knowledge of the law gained through education, or education and work experience, which qualifies them to perform legal work. Paralegals adhere to recognized ethical standards and rules of professional responsibility."[4]
From the Institute of Paralegals [United Kingdom]: "A paralegal is a non-lawyer who does legal work that previously would have been done by a lawyer, or if done by a lawyer, would be charged for."
From the Paralegal Society of Ontario [Canada]: "A paralegal is an individual qualified through education or experience licensed to provide legal services to the general public in areas authorized by the Law Society of Upper Canada."[5]
From the National Association of Licensed Paralegals [United Kingdom]: "A person who is educated and trained to perform legal tasks but who is not a qualified solicitor or barrister."

text: Difference between paralegals and legal secretaries[edit]

text: A legal secretary is generally a secretary who has a basic understanding of legal terminology and the specific formatting required by a particular court or government agency. Legal secretaries are also typically responsible for keeping case files organized and indexed, often taking on the duties of a file clerk. Although legal secretaries may be trained to prepare some basic legal papers and letters, they generally have little or no knowledge of particular legal doctrines, statutes or regulations, and typically have no training or experience in conducting legal research or drafting legal documents, pleadings, motions, briefs or other court papers. On the other hand, a typical paralegal in the United States can perform all of these tasks under an attorney or law office. Paralegals bill for their time at a higher rate than legal secretaries.

text: Education, training, and certification[edit]

text: Most paralegals have completed a formal paralegal education program. However, some paralegals have only on-the-job paralegal training. Formal paralegal education programs may result in an associate degree, bachelor's degree, master's degree, or paralegal certificate.[6] Many paralegals have completed all of their training before entering the profession, while others have completed their education while working their way up from the mailroom in a law firm. Many paralegals take Continuing Legal Education (CLE) courses to fulfill the requirements of their firm, state, or association.

text: Economics[edit]

text: The paralegal phenomenon is a legal-economics argument in all jurisdictions – they exist precisely because they are not lawyers and thus can do the work much more cheaply.[7] Other than expertise, the main constraint on what work a paralegal can or cannot do tends to be local rules that reserve (i.e. give a monopoly to) particular activities to lawyers. Each jurisdiction tends to have its own "reserved activities list".

text: According to United States law,[citation needed] there are five specific acts which only a licensed attorney can perform:

text:
Establish the attorney–client relationship
Give legal advice
Sign legal papers and pleadings on behalf of a party
Appear in court on behalf of another (i.e. the client)[8]
Set and collect fees for legal services

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text: Beyond the five acts above, the paralegal can perform practically any other task, including legal research, legal writing, factual investigation, preparation of exhibits, and the day-to-day tasks of case management. The key is that attorneys are entirely responsible for the actions of their paralegals, and, by signing and filing court documents drafted by paralegals (or law clerks), attorneys make those documents their own.

text: Trends in usage of paralegals[edit]

text: In the United States, the need for accredited qualifications and bar licensure limits the number of licensed attorneys. At the same time, there are many legal tasks for which a bar license is unnecessary but some amount of legal training is helpful. In order to lower costs, businesses may choose to employ paralegals to undertake such tasks instead of a more expensive lawyer. Paralegal time is typically billed at only a fraction of what a lawyer charges, and thus to the paralegal has fallen those substantive and procedural tasks which are too complex for legal secretaries (whose time is not billed) but for which lawyers can no longer bill. This in turn makes lawyers more efficient by allowing them to concentrate solely on the substantive legal issues of the case, while paralegals have become the "case managers."

text: The growing demand of paralegal professionals at a very rapid rate has resulted in schools and colleges catering to such education popping up everywhere. It has been found through a survey that currently 50,000 students are enrolled in paralegal education courses. The American Association for Paralegal Education (AAPE) itself has more than 450 members; 260 of them are ABA-approved. Seminars and events are being held by various institutes to help broaden the knowledge base of the paralegal service providers and the importance associated with it. Although the nation is experiencing a recession, the paralegal profession continues to grow. Law firms and legal departments are cutting costs and increasing access to legal services by hiring paralegals.

text: The United Kingdom has gone one step further. Much legal work by lawyers for the poorer elements of society is legally aided, or paid for by the state. As overall costs have risen due to more people than ever engaging with the law, the government has reduced such legal aid. As a result, the work has become uneconomic for many and they have ceased doing it. Paralegal advisory firms are stepping in to fill the gap.[citation needed]

text: The increased use of paralegals has slowed the rising cost of legal services and serves in some small measure (in combination with contingency fees and insurance) to keep the cost of legal services within the reach of the regular population. However, one commentator has warned that "our profession makes a serious error if it uses legal assistants only as economic tools."[9]

text: Paralegal Medical Consultants[edit]

text: Some attorneys who practice in fields involving medical care have only a limited knowledge of healthcare and medical concepts and terminology. Therefore, Legal Medical Consultants which are professional physicians, paramedics, nurses and respiratory therapists, have become fully trained as paralegals in the manner described above and assist behind the scenes on these cases, in addition to serving as expert witnesses from time to time.

text: Paralegals by country[edit]

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text: Australia[edit]

text: Australia has a distinct regime for the utiliziation of paralegals.[10] According to one paralegal studies scholar:

text: The legal profession’s monopoly in Australia is, however, confined to the right of appearance in a court of law and to the preparation of certain documents for reward, which leaves a vast field of legal tasks open to performance by other workers, including paralegals.

text: Furthermore, Australian paralegals have "little formal recognition of, or status accorded" them, yet they "require specialist education."[10]

text: Canada[edit]

text: In Canada, paralegals are legal agents who have the ability to represent on many matters, including all provincial offences, work for provincial tribunals and boards, as well as summary criminal cases.

text: Alberta has no legislation in place currently that regulates paralegals. The majority of legal assistants and paralegals work under the supervision of a lawyer.

text: Ontario[edit]

text: In Ontario, paralegals are licensed by the Law Society of Upper Canada.[11] Ontario is the only jurisdiction in the western hemisphere where paralegals are licensed and the profession is regulated as officers of the court. Licensed paralegals operate within a defined scope of practice, representing clients in matters such as provincial offenses (traffic tickets, etc.), immigration, landlord & tenant disputes, labor law, small claims court (under $25,000), and specific criminal matters. They are currently not permitted to represent clients in family court or wills and estates. By virtue of their office, licensed paralegals are commissioners for taking affidavits (swearing oaths).

text: In the province of Ontario paralegals are a regulated body within the legal system. Paralegals become commissioners upon licensing,[12] and may become non-lawyer notaries, Crown prosecutor, municipal prosecutor or a justice of the peace if appointed.

text: Ontario recently became the first jurisdiction in North America to provide for the licensing of independent paralegals. This task will be the responsibility of the Law Society of Upper Canada (founded in 1797), which already regulates Ontario's 40,000 or so lawyers. Aspiring paralegals must complete an accredited educational program and complete a licensing exam. The Society will also be responsible for disciplining paralegals who do not conform to rules of professional conduct, known as the Paralegal Rules of Conduct.

text: In Ontario, a paralegal is not an officer of the court, because they have not been designated as such by the legislation,[13][14] even though paralegals in Ontario are licensed and regulated by the Law Society of Upper Canada, the same body which also regulates and provides licenses for all lawyers in Ontario.

text: The Law Society began issuing the first paralegal licenses to grandparent applicants who fulfilled all the necessary licensing requirements (including insurance) in April 2008.[15] Paralegals who provide legal services to the public must carry professional liability insurance in accordance with By-Law 6, Part II, section 12 (1). Licensees must provide written proof of their compliance with this requirement to carry mandatory insurance before they begin providing legal services, as well as on an annual basis.[15] Paralegal services may be provided via a sole proprietorship, partnership or professional corporation. Licensees are strongly encouraged to seek professional advice on the best business structure for their particular situations.[15] A paralegal license allows a paralegal to independently represent clients in provincial offences court, summary conviction criminal court, small claims court and administrative tribunals such as the Financial Services Commission of Ontario or the Workplace Safety and Insurance Board. The role that a paralegal has in the United States is similar to the role of a law clerk or legal assistant in Ontario. Many paralegals in Ontario work in the areas of permitted practice for paralegals and also work alongside lawyers in areas of practice that are only permitted to be practiced by lawyers. It is illegal for paralegals in Ontario to independently practice in an area of law that is permitted only for lawyers. An example of this is family law, or an indictable offence in criminal law.

text: All lawyers and paralegals who practice law and provide legal services in Ontario, are required to complete the CPD program. Continuing professional development (CPD) is the maintenance and enhancement of a lawyer or paralegal's professional knowledge, skills, attitudes and professionalism throughout the individual's career. It is a positive tool that benefits lawyers and paralegals and is an essential component of the commitment they make to the public to practice law or provide legal services competently and ethically.[16]

text: Japan[edit]

text: In Japan, the institution of judicial scrivener (司法書士, shihō shoshi) exists, and functions similarly to paralegals. Scriveners perform legal work, above the level of secretary but below the level of attorney, and may be attached to an attorney's office or operate independently. Scriveners may represent clients in some low-level matters, but not in more advanced stages of litigation. As with lawyers in Japan, scriveners are regulated and must pass an exam.

text: South Africa[edit]

text: In South Africa, legal assistants or paralegals must have extensive knowledge of the law and the administration of justice. Their duties may include: liaising with clients of their employers to assist in solving legal problems, legal research, preparing cases for court and liaising with the public. This programme is uniquely designed to impart a comprehensive overview of all aspects of paralegal specialisation and an understanding of individual rights and the rights of others. Paralegal offers the use and application of skills and competencies related to Criminal Law and Procedure, Civil Litigation, Wills and Estates, Dispute Resolution,Lagal Advise, Property Law and Conveyancing as well as Legal Office Practice Management and Debt Collecting/Counselling.[citation needed]

text: Paralegals in South Africa are hired mostly by Legal Aid South Africa, big corporations, Patent law firms, legal firms, Estate agents, Government Departments etc. to provide legal support to those corporate world. Legal support may be by legal research, investigation/inspectors, legal advice or legal assistance. Certification may be acquired at: Tshwane University of Technology National Diploma in Legal Assistance/Paralegal, University Of Johanesburg Diploma in Paralegal, UNISA National Diploma in Law, South African School of Paralegals, Intec College Diploma in Paralegal, South African Law School Qualification in Paralegal, Damelin College Paralegal, Boston City Campus Paralegal certificate. Salaries range from R60,000 to R450,000 per year depending on experience. Newly established law firms in South Africa are likely to hire qualified Paralegals with 3 year qualification in Legal Studies to provide Legal assistance. Though the South African Law Society and The Minister of Justice do want to come with regulation to guide paralegals in South Africa just like Canada and the USA, many practicing attorneys and Advocates did disprove in many instances however the new legislation is pending.[citation needed]

text: South Korea[edit]

text: In South Korea a similar system to the Japanese exists, and is known as beopmusa (Hangul: 법무사, Hanja: 法務士).

text: United Kingdom[edit]

text: England and Wales The original concept of paralegals in the UK started with the Paralegal Association in the mid-1980s (now the National Association of Licensed Paralegals). However the oldest incorporated professional body for paralegals in the UK who set the competency standards for paralegals and legal secretaries, issue legal qualifications, and support, represent and promote paralegals is the Institute Of Paralegals.

text: Both the Association and Institute have similar roles in recognising and registering Paralegals but do not always agree on all the principles of practice[citation needed].

text: However, it is only recently that paralegals have begun to be seen as more than merely assistants to qualified lawyers. They are now a newly emergent, and increasingly distinct, group of legal professionals.

text: Due to a lack of metrics it is unclear exactly how many paralegals there are in the United Kingdom. The Office of National Statistics and the register of Standard Occupational Classification estimate that there are currently 76,000 mid-skilled “legal associate professionals.” Research published in 2014 by the Institute for Public Policy Research (IPPR) predicts that this figure is set to grow by 17% within the next decade.[17] Moreover, it is estimated that there are now almost 4,000 government registered/regulated paralegal advisory firms offering services that would previously have been offered only by lawyers.[citation needed]This is because most legal work in the United Kingdom is deregulated and therefore there is nothing to stop anyone from opening their own paralegal law firm.[18]

text: As the term ‘paralegal’ is not protected like the term ‘solicitor’ anyone may call himself/herself a paralegal without any qualification or registrations.[19] Professional bodies are lobbying for this to change and the term ‘paralegal’ to become a protected title.[7]

text: Paralegals in England and Wales may only offer limited legal advice, as may any person, with the following exceptions strictly forbidden:

text:
Undertaking the activities reserved to solicitors under the Solicitors Act 1974;
Undertaking immigration work if not registered with the Office of the Immigrations Services Commissioner;
Undertaking certain types of claims/compensation related work if not registered with the Ministry of Justice.

text: In the United Kingdom, the Solicitors Act 1974[20] reserves certain activities for solicitors. Broadly, these include:

text:
Preparing and lodging documents concerning the conveying or charging of land. Since repealed and now also conducted by Licensed Conveyancers
Undertaking probate law.
Undertaking litigation (except in the small claims court).

text: Paralegals technically have very limited rights to conduct litigation/rights of audience before courts/tribunals. In practice though many appear in courts and particularly tribunals at all levels as assistants.

text: Paralegals also act as Police Station Representatives if they are accredited, giving general advice to clients held in police custody.

text: Professional societies[edit]

text: The largest number of paralegals in the UK are represented by the Chartered Institute of Legal Executives (CILEx). Unlike other paralegal bodies CILEx is an Approved Regulator, meaning all its members are independently regulated in the public interest and must comply with a code of conduct, including all its paralegal members. CILEx is also the only body that provides paralegals with a limited progression route to lawyer status.

text: CILEx provides a non-University route to qualification as a non-qualified lawyer, with the majority of its members learning on-the-job and working as paralegals. It is open to those with or without law degrees, and allows paralegals to progress through to ultimately become fully qualified lawyers, partners, advocates, coroners and judges, subject to achieving the correct level of qualifications, skills, and experience.

text: Since 1994 City and Guilds, in association with CILEx, has offered the UK's leading range of nationally and internationally approved qualifications for paralegals and legal secretaries, which have been taken by over 20,000 people. They offer a Level 2 Award/Certificate/Diploma in Legal Studies qualification. This provides the underpinning knowledge which will help in day-to-day work and will also allows progression onto the CILEx route to becoming a lawyer. The qualification is divided into units and is assessed by way of assignments and a multiple-choice test. A Level 3 Diploma in Vocational Paralegal Studies qualification is also available, and this is equivalent to A-level standard. The qualification is divided into units and again, is assessed by way of assignments. The qualifications are also recognised by the CILEx as a route into their membership grades.

text: The Institute of Paralegals (IOP) administer a Route to Qualification: the nationally recognised career path for professional paralegals. They also set and administer Competency Standards for paralegals and legal secretaries. The Institute of Paralegals (IOP) are:

text:
an incorporated paralegal representative body in the United Kingdom whose application for institute status was supported by the Bar Council, Law Society, Crown Prosecution Service and Citizens Advice
the only body for professional paralegals to have relied on state funding to help develop the paralegal profession
an organisation which publishes a Paralegal Code of Conduct
a member of LawCare
an organisation which publishes Competency Standards for the paralegal profession (drafted with the assistance of law firms and (in part) by Her Majesty's Land Registry and vetted for professional conduct requirements by the Solicitors Regulation Authority)
an organisation which administers a paralegal career path – the Route to Qualification. The R2Q turns a job into a career, and an occupation into a profession. It is supported by scores of local law societies, university law schools, law firms and others

text: NALP (National Association of Licensed Paralegals) is an awarding body for paralegal qualifications, recognised as an awarding organisation by Ofqual, the regulator of qualifications in England and Wales. NALP offers self-regulation and Licensing for paralegals in England & Wales. NALP's objective is to raise the profile of paralegals in the UK and has dedicated itself to the promoting the status of paralegals and paralegal training in the United Kingdom and abroad. NALP offers affordable accessible training and qualifications at all levels. NALP is a not for profit company limited by guarantee.

text: There are various levels of certification and membership according to the level of training, qualification and experience. To become a Licensed Paralegal a person should have an acceptable qualification in law, e.g. the Association's Diploma in Paralegal Studies, ILEX, Law Degree or HND (plus a procedural law qualification) or any other qualification deemed suitable, and who can satisfy the other criteria laid down by the Association namely: knowledge, competence, dedication, character requirements and continuous professional development.

text: NALPs mission is to re-enforce and increase its position as the leading professional organisation catering for the career paralegal not only within the legal profession but also within commerce, industry and the private and public sectors and will strive to ensure the proper recognition of its members as an integral part of the legal profession by the quality of its qualifications, professional development and the standards of behaviour and its regulatory powers laid down for its members. It will encourage, promote and develop the role and practice of the paralegal and represent the best interests of its members.

text: The Institute of Paralegals (IOP) is an incorporated professional body for paralegals in the UK. A not-for-profit organisation, they set the competency standards for paralegals and legal secretaries, issue legal qualifications, and support, represent and promote paralegals. The National Association of Licensed Paralegals(NALP) was established in 1987 and is the professional self-regulatory governing body for accredited paralegals. Access into the profession can either be with a law degree or without. Those who are already graduates can take The Post Graduate Diploma in Paralegal Practice (PPC) (similar to the LPC for solicitors). Those that have no previous qualification can do the Diploma in Paralegal Studies. The NALP is an awarding body regulated by OFQUAL and is also a member of the National Federation of Paralegal Associations (based in the US).

text: As a not-for-profit professional body incorporated by guarantee, they were formed in 2003. They were granted institute status by the UK government in 2005, with the support of, amongst others, The Law Society of England & Wales, the Bar Council, Citizens Advice and the Crown Prosecution Service, all of whom recognised the need for the developing paralegal profession to have a representative body.[citation needed]

text: IOP offer: The Registered Paralegal, Certified Paralegal and Qualified Paralegal designations and believe these are not a 'licence to practice' as a paralegal. IOP state: "There is no such as a 'licensing scheme' operating in England and Wales. Anyone implying otherwise (i.e. that you need to do a particular course to qualify) is misrepresenting the position. You become a paralegal simply by getting a job as a paralegal. The majority of paralegals still do not have any formal legal qualifications. The only paralegals needing prior permission before practising are paralegal law firms or paralegal sole practitioners who come under the remit of the Ministry of Justice Or Office of the Immigration Services Commissioner."

text: The National Association of Licensed Paralegals is working to improve recognition for paralegals and has done so for nearly 24 years, having introduced qualifications and standards and self-regulation to the profession and is recognised by The Law Society of England as the professional body for paralegals in England & Wales.

text: Scotland[edit]

text: Scotland has separate legal jurisdiction from the rest of the United Kingdom. The term "paralegal" came into use from the 1980s. There have always been individuals undertaking legal work but not qualified as a solicitor but they would have had other titles such as 'legal assistant'. From the early 1990s the term "paralegal" became more common. In 1993 Scottish Paralegals Association was founded[21]. It is a voluntary body whose remit is to promote the interests of paralegals in Scotland. From 1991 Scotland's colleges began to offer paralegal qualifications, awarded by the Scottish Qualification Authority, namely the Higher National Diploma and Certificate in Legal Services. They were offered by Central College of Commerce, Stevenson College and Dundee College. As a result of the efforts of the Scottish Paralegal Association and in particular its president Christine Lambie, in 2010 the Law Society of Scotland, the solicitors' professional body, instituted the Law Society of Scotland Registered Paralegal scheme. This was a voluntary scheme providing a professional status for high quality paralegals. Around 400 paralegals, mainly individuals who had come through the ranks in legal firms, joined the scheme. From 2010 Scottish Qualification Authority and Stirling University offered qualifications for individuals wishing to enter the Registered Paralegal profession. Paralegals qualify in particular legal domains, e.g., Domestic Conveyancing; and Wills & Executries. In 2017 the name of the scheme was changed to Law Society of Scotland Accredited Paralegal scheme[22].

text: Salary[edit]

text: In the United Kingdom paralegal salaries in law firms can range from around £15,000 in some rural or suburban areas[7] but may reach as high as £60 – £80,000 for the most senior in the larger city firms and some PLCs. A paralegal can also work as a freelance offering their services to solicitors performing tasks such assisting Counsel at court and taking notes in court and presenting applications to District Judges in chambers. They can be paid on a daily or hourly rate earning up to £60 – £260 per day.

text: United States[edit]

text: In the United States, paralegals originated as assistants to lawyers at a time when only lawyers offered legal services. In those jurisdictions where the local legal profession/judiciary is involved in paralegal recognition/accreditation, the profession of paralegal still basically refers to those people working under the direct supervision of a lawyer. The profession of paralegal varies greatly between the states, because some states do require paralegals to be licensed. In other jurisdictions however, such as the United Kingdom, the lack of local legal profession/judiciary oversight means that the definition of paralegal encompasses non-lawyers doing legal work, regardless of whom they do it for. Although most jurisdictions recognize paralegals to a greater or lesser extent, there is no international consistency as to definition, job-role, status, terms and conditions of employment, training, regulation or anything else and so each jurisdiction must be looked at individually.

text: In the United States, there is no such thing as a paralegal licensed by a government body; rather, paralegals can be "registered," "certified," or certificated by private organizations.

text: There are two major national organizations that offer professional certification to paralegals who meet voluntary regulation standards: the National Association of Legal Assistants (NALA) established in 1976[23] and the National Federation of Paralegal Associations (NFPA) established in 1996.[24]

text: Both NALA and the NFPA offer professional certification exams that should not be confused with a paralegal certificate offered by an officially accredited college or university.

text: NALA offers its Certified Legal Assistant or Certified Paralegal examination, a comprehensive two-day examination that covers the following subjects: Communications, Ethics, Legal Research, Judgment and Analytical Ability, American Legal System and four sub-sections selected by the applicants from a list of nine substantive areas of the law. These sub-section tests cover general knowledge of the following practice areas: Administrative Law, Bankruptcy, Business Organizations, Civil Litigation, Contracts, Criminal Law and Procedure, Estate, Planning and Probate, Family Law and Real Estate. After successful completion of the examination, NALA awards the paralegal the "CLA" (Certified Legal Assistant) or "CP" (Certified Paralegal) designation. Both the "CLA" and "CP" designations are proprietary trademarks owned by NALA. Paralegals who have attained further education and received a paralegal certificate are referred to as "Certificated" unless they have passed the examination and have been awarded the "Certified" designation. Additionally, those paralegals who receive the "Certified Paralegal" designation then have the opportunity to earn the "Advanced Certified Paralegal" designation. There is a 45 to 50 percent pass rate for persons taking the NALA exams.[25]

text: The NFPA offers its non-accredited Paralegal Advanced Competency Exam, which is a four-hour exam on a variety of legal topics; those who pass that exam can call themselves PACE-Registered Paralegals and display the "RP" designation.[26] NFPA’s core purpose is to advance the paralegal profession and is committed to the profession’s Code of Ethics.

text: Some states have considered the licensure of paralegals. Whether paralegals should be licensed or certified is one of the most important issues for paralegals today.

text: Difference between paralegals and lawyers[edit]

text: The greatest differences between lawyers and paralegals are that lawyers give legal advice, can set fees, appear as counsel of record in court, and sign pleadings (and other court documents) in a representative capacity. A paralegal who attempts to do any of these acts will be in violation of the unauthorized practice of law statutes in most U.S. states. Paralegals are responsible for handling tasks such as legal writing, research, and other forms of documentation for the lawyers for whom they work.

text: Penalties for unauthorized practice[edit]

text: Paralegals are restrained from exercising independence and prohibited from providing even basic legal advice to consumers of legal advice. In her book, Access to Justice, Stanford law professor Deborah Rhode states: "Over four-fifths of surveyed attorneys have supported prosecution of lay practitioners, and the profession has repeatedly blocked licensing proposals that would enable independent paralegals to offer routine services. Many local, state and national bar associations have recently launched initiatives to broaden the definition, raise the penalties, and increase the enforcement of unauthorized practice prohibitions."[27]

text: In some areas, legal document assistants actually advertise themselves as paralegals. Many states, including Florida, have enacted laws or bar rules which require any person referring to himself or herself as a paralegal to work under the supervision of a licensed attorney.[28] This rule would prohibit those individuals working as "independent paralegals" from using the title "paralegal".

text: Salary[edit]

text: In the United States, as of May 2012, the median annual salary for a paralegal was US$46,990. Paralegals working for the U.S. federal government average around $65,000 per year while state and local government paralegals earn around $45,000 to $50,000.[29]

text: Paralegal Day[edit]

text: Several state governments have designated a "Paralegal Day", which is not the same day everywhere.[30] in particular New York's governor David Paterson,[31][32][33] Michigan's governor Jennifer M. Granholm,[30][34] South Carolina,[30] Idaho's governor James E. Risch[35] and the Texas Assembly[36] have designated Paralegal Day in their respective states. California, Connecticut, Ohio,[37] and Utah also have a Paralegal Day.[30][38][39][40]

text: Paralegal Service or Document Preparers[edit]

text: There are a variety of services available to the general public depending on the State of residence. These companies have been known as Paralegal Services until they were required to change their names. These companies are now typically known to the general public as Court Document Preparers or Court Forms Providers. The State of Florida has numerous companies that prepare court documents for a variety of issues, such as Divorce, Bankruptcy, Paternity, Custody, Modification of Child Support, Name Change, Wills, Power of Attorney, Quit Claim Deeds, etc. If you do not have the ability to remedy your situation because of the high cost fees of any attorney a Court Document Preparer can save thousands of dollars. Such document preparers, however, frequently come under the scrutiny of various state bar organizations by overstepping the basic document preparation and engaging in what could be considered "unauthorized practice of law." Such document preparation is indeed cost-saving for those who truly want to represent themselves in a legal matter, but want to pay someone to create the required documents. If problems arise in the legal case, however, the person who hired the paralegal service needs to understand that there is typically no legal liability on the part of the paralegal service and that such institutions cannot be sued for legal malpractice. Again, the philosophy is that the person utilizing such service is representing himself or herself in all legal matters and merely hiring a document preparer.

text: California[edit]

text: In California, under Business and Professions Code § 6450, a paralegal must have at least one of the following:

text:
An ABA approved paralegal certificate.
A certificate of completion of a paralegal program at, or a degree from, a postsecondary institution that requires the successful completion of a minimum of 24 semester, or equivalent, units in law-related courses and that has been accredited by a national or regional accrediting organization or approved by the Bureau for Private Postsecondary and Vocational Education.
A bachelor's degree or advanced degree in any subject and at least one year of experience performing legal tasks under the supervision of an attorney that has at least three years' legal experience in California himself. The attorney must sign a written declaration stating the paralegal is qualified to perform legal tasks.
Before December 31, 2003, have completed a high school diploma or general equivalency diploma and a minimum of three years of law-related experience under the supervision of an attorney that has at least three years' legal experience in California himself. The attorney must sign a written declaration stating the paralegal is qualified to perform legal tasks.[41]

text: Up until Business and Professions Code § 6450 was signed into law by Governor Gray Davis in 2000, there was little regulation of paralegals in California. One of the purposes of regulation under Business and Professions Code § 6450 was to shut down the paralegals who were providing self-help legal services to consumers.[citation needed] There had been relatively few consumer complaints against paralegals; instead most of the complaints were from lawyers who urged the California State Bar to police the unauthorized practice of law (UPL).[citation needed]

text: In response, the State Bar appointed a Public Protection Committee to look at the L.A. bar's claim. Then, "in 1988, the Public Protection Committee unanimously recommended that the California legislature completely abolish the state's UPL laws. It further concluded that independent paralegals should be allowed to provide all types of legal services as long as they are registered with a state agency and disclose their non-lawyer status to all customers." After many local bar associations reacted in dismay, "The California Bar then appointed a third group (The Commission on Legal Technicians) to restudy the issue. This commission largely agreed with the conclusions of its predecessors and recommended that non-lawyers be authorized by the California Supreme Court to deliver legal services in several major areas (bankruptcy, family, immigration, and landlord-tenant), under the terms of a licensing scheme that would be supervised by an independent state agency."[42]

text: This development culminated in some paralegals being forced to give up the title paralegal for Legal Document Assistant (LDA) in order to administer legal services directly to the public in the allowed areas under California Bus & Prof. Code § 6400. Paralegals who are members of professional associations are also bound by those associations' codes of ethics many of which include sections prescribing that members not offer legal services directly to the public without the supervision of an attorney or law firm.[43]

text: Paralegals in popular culture[edit]

text: Unlike nurses and physician assistants, paralegals have not caught the popular imagination and rarely are seen or mentioned in fictional or non-fiction legal television programs, or in legal fiction in print. There are however exceptions.

text: The most famous is probably Erin Brockovich, a real legal clerk whose participation in a toxic tort case became a major motion picture. In the movie Eagle Eye (2008) starring Shia LaBeouf and Michelle Monaghan, Monaghan plays a single mom who works as a paralegal.[44]

text: Another notable exception is the character Della Street, from the Perry Mason novel, television and movie series. Although Mason identifies Della as "my confidential secretary", the projects he assigns her are entirely consistent with the law office work performed by experienced paralegals.

text: Allison DuBois, the lead character in Medium played by Patricia Arquette, was in training to become a paralegal in addition to her consultation work with the Phoenix, Arizona District Attorney's office.

text: John Grisham includes many paralegals in his novels; for example, Rudy Baylor (the main character in The Rainmaker) works briefly as a paralegal – and his associate Deck Shifflet subsequently becomes Rudy's paralegal when he starts his own firm. (although he terms himself a 'paralawyer') Harvey Birdman: Attorney at Law, an esoteric cartoon comedy, features a paralegal in the form of Avenger, Harvey Birdman's eagle, who is usually seen managing files, preparing and presenting documents to the attorneys, and drafting letters to clients. Avenger will usually accompany the charismatic, yet often underprepared, Birdman into court, and whisper case information and advice into his ear. Despite not knowing English, he is by far the most competent employee of Sebben & Sebben.

text: FX's The Riches in which Doug Rich, a con-artist played by Eddie Izzard, impersonates a lawyer at a cutthroat real estate development company. Rich's apparent lack of legal knowledge is often compensated by Aubrey McDonald, a highly skilled paralegal who manages to help guide the undereducated anti-hero through more than a few sticky situations.

text: USA Network's "Suits" features a young paralegal named Rachel, played by Meghan Markle, who greatly assists a young aspiring lawyer with various research and otherwise. She is a highly respected member of the firm and is considered to be of help to many of her co-workers. Rachel's desire one day to become a lawyer is one of the major stories of the series. As paralegal, she lives between a lot of appreciation for her hard work and a constant reminder (going both from herself and other people) that she's not a "real" lawyer at the end.

text: In Eoin Colfer's book The Supernaturalists, paralegals are lawyers that double as mercenaries to apprehend and then prosecute offenders for the person, or more common, company who hired them.

text: In the musical Dear Evan Hansen, Evan Hansen's mother, Heidi, is studying to become a paralegal.

text: A few current and former paralegals have also ventured into politics, including Amanda Reeve (Arizona State Legislature) and Michael Strautmanis (friend of 44th president of The United States Barack Obama and former member of White House Staff).[45]


document_title: Immaculate Conception

question_text: what is the catholic doctrine of the immaculate conception

question_tokens: what is the catholic doctrine of the immaculate conception

root

text: Immaculate Conception

text: Distinctions[edit]

text: Original sin and actual (personal) sin[edit]

text: The defined dogma of the Immaculate Conception regards original sin only, saying that Mary was preserved from any stain (in Latin, macula or labes, the second of these two synonymous words being the one used in the formal definition).[4] The proclaimed Roman Catholic dogma states, "that the most Blessed Virgin Mary, in the first instance of her conception, by a singular grace and privilege granted by Almighty God, in view of the merits of Jesus Christ, the Saviour of the human race, was preserved free from all stain of original sin."[4] Therefore, being always free from original sin, the doctrine teaches that from her conception Mary received the sanctifying grace that would normally come with baptism after birth.

tag: p

text: The definition makes no declaration about the Church's belief that the Blessed Virgin was sinless in the sense of freedom from actual or personal sin.[5] However, the Church holds that Mary was also sinless personally, "free from all sin, original or personal".[6] The Council of Trent decreed: "If anyone shall say that a man once justified can sin no more, nor lose grace, and that therefore he who falls and sins was never truly justified; or, on the contrary, that throughout his whole life he can avoid all sins even venial sins, except by a special privilege of God, as the Church holds in regard to the Blessed Virgin: let him be anathema."[7]

text:
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text: Virginal conception[edit]

text: The doctrine of the immaculate conception (Mary being conceived free from original sin) is not to be confused with the virginal conception of her son Jesus. This misunderstanding of the term immaculate conception is frequently met in the mass media. Catholics believe that Mary was conceived of both parents[8] traditionally known by the names of Saint Joachim and Saint Anne. In 1677, the Holy See condemned the error of Imperiali who taught that St. Anne in the conception and birth of Mary remained virgin which had been a belief surfacing occasionally since the 4th century.[9] The Church celebrates the Feast of the Immaculate Conception (when Mary was conceived free from original sin) on 8 December, exactly nine months before celebrating the Nativity of Mary. The feast of the Annunciation (which commemorates the virginal conception and the Incarnation of Jesus) is celebrated on 25 March, nine months before Christmas Day.[10][11]

text: Redemption[edit]

text: Another misunderstanding is that, by her immaculate conception, Mary did not need a saviour. When defining the dogma in Ineffabilis Deus, Pope Pius IX explicitly affirmed that Mary was redeemed in a manner more sublime. He stated that Mary, rather than being cleansed after sin, was completely prevented from contracting Original Sin in view of the foreseen merits of Jesus Christ, the Savior of the human race. In Luke 1:47, Mary proclaims: "My spirit has rejoiced in God my Saviour." This is referred to as Mary's pre-redemption by Christ. Since the Second Council of Orange against semi-pelagianism, the Catholic Church has taught that even had man never sinned in the Garden of Eden and was sinless, he would still require God's grace to remain sinless.[12][13]

text: History[edit]

text: A feast of the Conception of the Most Holy and All Pure Mother of God was celebrated in Syria on 8 December perhaps as early as the 5th century. Note that the title of achrantos (spotless, immaculate, all-pure) refers to the holiness of Mary, not specifically to the holiness of her conception.[14]

text: Mary's complete sinlessness and concomitant exemption from any taint from the first moment of her existence was a doctrine familiar to Greek theologians of Byzantium. Beginning with St. Gregory Nazianzen, his explanation of the "purification" of Jesus and Mary at the circumcision (Luke 2:22) prompted him to consider the primary meaning of "purification" in Christology (and by extension in Mariology) to refer to a perfectly sinless nature that manifested itself in glory in a moment of grace (e.g., Jesus at his Baptism). St. Gregory Nazianzen designated Mary as "prokathartheisa (prepurified)." Gregory likely attempted to solve the riddle of the Purification of Jesus and Mary in the Temple through considering the human natures of Jesus and Mary as equally holy and therefore both purified in this manner of grace and glory.[16] Gregory's doctrines surrounding Mary's purification were likely related to the burgeoning commemoration of the Mother of God in and around Constantinople very close to the date of Christmas.[17] Nazianzen's title of Mary at the Annunciation as "prepurified" was subsequently adopted by all theologians interested in his Mariology to justify the Byzantine equivalent of the Immaculate Conception. This is especially apparent in the Fathers St. Sophronios of Jerusalem and St. John Damascene, who will be treated below in this article at the section on Church Fathers. About the time of Damascene, the public celebration of the "Conception of St. Ann [i.e., of the Theotokos in her womb]" was becoming popular. After this period, the "purification" of the perfect natures of Jesus and Mary would not only mean moments of grace and glory at the Incarnation and Baptism and other public Byzantine liturgical feasts, but purification was eventually associated with the feast of Mary's very conception (along with her Presentation in the Temple as a toddler) by Orthodox authors of the 2nd millennium (e.g., St. Nicholas Cabasilas[18] and Joseph Bryennius).[19]

text: Church Fathers[edit]

text: It is admitted that the doctrine as defined by Pius IX was not explicitly mooted before the 12th century. It is also agreed that "no direct or categorical and stringent proof of the dogma can be brought forward from Scripture".[20] But it is claimed that the doctrine is implicitly contained in the teaching of the Fathers. Their expressions on the subject of the sinlessness of Mary are, it is pointed out, so ample and so absolute that they must be taken to include original sin as well as actual. Thus in the first five centuries such epithets as "in every respect holy", "in all things unstained", "super-innocent", and "singularly holy" are applied to her; she is compared to Eve before the fall, as ancestress of a redeemed people; she is "the earth before it was accursed". The well-known words of St. Augustine (d. 430) may be cited: "As regards the mother of God," he says, "I will not allow any question whatever of sin." It is true that he is here speaking directly of actual or personal sin. But his argument is that all men are sinners; that they are so through original depravity; that this original depravity may be overcome by the grace of God, and he adds that he does not know but that Mary may have had sufficient grace to overcome sin "of every sort" (omni ex parte).[5]

text: Although the doctrine of Mary's Immaculate Conception appears only later among Latin (and particularly Frankish) theologians,[21] it became ever more manifest among Byzantine theologians reliant on Gregory Nazianzen's Mariology in the Medieval or Byzantine East. Although hymnographers and scholars, like the Emperor Justinian I, were accustomed to call Mary "prepurified" in their poetic and credal statements, the first point of departure for more fully commenting on Nazianzen's meaning occurs in Sophronius of Jerusalem.[22] In other places Sophronius explains that the Theotokos was already immaculate, when she was "purified" at the Annunciation and goes so far as to note that John the Baptist is literally "holier than all 'Men' born of woman" since Mary's surpassing holiness signifies that she was holier than even John after his sanctification in utero.[23] Sophronius' teaching is augmented and incorporated by St. John Damascene (d. 749/750). John, besides many passages wherein he extolls the Theotokos for her purification at the Annunciation, grants her the unique honor of "purifying the waters of baptism by touching them." This honor was most famously and firstly attributed to Christ, especially in the legacy of Nazianzen. As such, Nazianzen's assertion of parallel holiness between the prepurified Mary and purified Jesus of the New Testament is made even more explicit in Damascene in his discourse on Mary's holiness to also imitate Christ's baptism at the Jordan.[24] The Damascene's hymnongraphy and De fide Orthodoxa explicitly use Mary's "pre purification" as a key to understanding her absolute holiness and unsullied human nature. In fact, Damascene (along with Nazianzen) serves as the source for nearly all subsequent promotion of Mary's complete holiness from her Conception by the "all pure seed" of Joachim and the womb "wider than heaven" of St. Ann.[25]

text: Medieval dispute about the doctrine[edit]

text:
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text: Bernard of Clairvaux in the 12th century raised the question of the Immaculate Conception. A feast of the Conception of the Blessed Virgin had already begun to be celebrated in some churches of the West. St Bernard blames the canons of the metropolitan church of Lyon for instituting such a festival without the permission of the Holy See. In doing so, he takes occasion to repudiate altogether the view that the conception of Mary was sinless. It is doubtful, however, whether he was using the term "conception" in the same sense in which it is used in the definition of Pope Pius IX. Bernard would seem to have been speaking of conception in the active sense of the mother's cooperation, for in his argument he says: "How can there be absence of sin where there is concupiscence (libido)?" and stronger expressions follow, showing that he is speaking of the mother and not of the child.[5]

text: Saint Thomas Aquinas refused to concede the Immaculate Conception, on the ground that, unless the Blessed Virgin had at one time or other been one of the sinful, she could not justly be said to have been redeemed by Christ.[26]

text: Saint Bonaventure (d. 1274), second only to Saint Thomas in his influence on the Christian schools of his age, hesitated to accept it for a similar reason.[5] He believed that Mary was completely free from sin, but that she was not given this grace at the instant of her conception.[27]

text: The celebrated John Duns Scotus (d. 1308), a Friar Minor like Saint Bonaventure, argued, on the contrary, that from a rational point of view it was certainly as little derogatory to the merits of Christ to assert that Mary was by him preserved from all taint of sin, as to say that she first contracted it and then was delivered.[5] Proposing a solution to the theological problem of reconciling the doctrine with that of universal redemption in Christ, he argued that Mary's immaculate conception did not remove her from redemption by Christ; rather it was the result of a more perfect redemption granted her because of her special role in salvation history.[28]

text: The arguments of Scotus, combined with a better acquaintance with the language of the early Fathers, gradually prevailed in the schools of the Western Church. In 1387 the university of Paris strongly condemned the opposite view.[5]

text: Scotus's arguments remained controversial, however, particularly among the Dominicans, who were willing enough to celebrate Mary's sanctificatio (being made free from sin) but, following the Dominican Thomas Aquinas' arguments, continued to insist that her sanctification could not have occurred until after her conception.[20]

text: Popular opinion remained firmly behind the celebration of Mary's conception. In 1439, the Council of Basel, which is not reckoned an ecumenical council, stated that belief in the immaculate conception of Mary is in accord with the Catholic faith.[29] By the end of the 15th century the belief was widely professed and taught in many theological faculties, but such was the influence of the Dominicans, and the weight of the arguments of Thomas Aquinas (who had been canonised in 1323 and declared "Doctor Angelicus" of the Church in 1567) that the Council of Trent (1545–63)—which might have been expected to affirm the doctrine—instead declined to take a position.[20][30]

text: The papal bull defining the dogma, Ineffabilis Deus (1854), mentioned in particular the patrististic interpretation of Genesis 3:15 as referring to a woman, Mary, who would be eternally at enmity with the evil serpent and completely triumphing over him. It said the Fathers saw foreshadowings of Mary's "wondrous abundance of divine gifts and original innocence" "in that ark of Noah, which was built by divine command and escaped entirely safe and sound from the common shipwreck of the whole world; in the ladder which Jacob saw reaching from the earth to heaven, by whose rungs the angels of God ascended and descended, and on whose top the Lord himself leaned;[31] in that bush which Moses saw in the holy place burning on all sides, which was not consumed or injured in any way but grew green and blossomed beautifully;[32] in that impregnable tower before the enemy, from which hung a thousand bucklers and all the armor of the strong;[33] in that garden enclosed on all sides, which cannot be violated or corrupted by any deceitful plots;[34] in that resplendent city of God, which has its foundations on the holy mountains;[35] in that most august temple of God, which, radiant with divine splendours, is full of the glory of God;[36] and in very many other biblical types of this kind."

text: The bull recounts that the Fathers interpreted the angel's address to Mary, "highly favoured one" or "full of grace",[37] as indicating that "she was never subject to the curse and was, together with her Son, the only partaker of perpetual benediction"; they "frequently compare her to Eve while yet a virgin, while yet innocence, while yet incorrupt, while not yet deceived by the deadly snares of the most treacherous serpent".

text: Definition of the dogma[edit]

text: The theological underpinnings of Immaculate Conception had been the subject of debate during the Middle Ages with opposition provided by figures such as Saint Thomas Aquinas, a Dominican. However, supportive arguments by Franciscans William of Ware and Duns Scotus, and general belief among Catholics made the doctrine more acceptable, so that the Council of Basel supported it in the 15th century, but the Council of Trent sidestepped the question. Pope Sixtus IV, a Franciscan, had tried to pacify the situation by forbidding either side from criticizing each other, and placed the feast of the Immaculate Conception on the Roman Calendar in 1477, but Pope Pius V, a Dominican, changed it to the feast of the Conception of Mary. Clement XI made the feast universal in 1708, but still did not call it the feast of the Immaculate Conception.[38] Popular and theological support for the concept continued to grow and by the 18th century it was widely depicted in art.[39][40][41][42]

text: During the reign of Pope Gregory XVI the bishops in various countries began to press for a definition as dogma of the teaching of Mary's immaculate conception.[43]

text: In 1839 Mariano Spada (1796 - 1872), professor of theology at the Roman College of Saint Thomas, published Esame Critico sulla dottrina dell’ Angelico Dottore S. Tommaso di Aquino circa il Peccato originale, relativamente alla Beatissima Vergine Maria [A critical examination of the doctrine of St. Thomas Aquinas, the Angelic Doctor, regarding original sin with respect to the Most Blessed Virgin Mary],[44] in which Aquinas is interpreted not as treating the question of the Immaculate Conception later formulated in the papal bull Ineffabilis Deus but rather the sanctification of the fetus within Mary's womb. Spada furnished an interpretation whereby Pius IX was relieved of the problem of seeming to foster a doctrine not in agreement with the Aquinas' teaching.[45] Pope Pius IX would later appoint Spada Master of the Sacred Palace in 1867.

text: Pius IX, at the beginning of his pontificate, and again after 1851, appointed commissions to investigate the whole subject, and he was advised that the doctrine was one which could be defined and that the time for a definition was opportune.

text: It was not until 1854 that Pope Pius IX, with the support of the overwhelming majority of Roman Catholic bishops, whom he had consulted between 1851–1853, promulgated the papal bull Ineffabilis Deus (Latin for "Ineffable God"), which defined ex cathedra the dogma of the Immaculate Conception:[46]

text: We declare, pronounce and define that the doctrine which holds that the Blessed Virgin Mary, at the first instant of her conception, by a singular privilege and grace of the Omnipotent God, in virtue of the merits of Jesus Christ, the Saviour of mankind, was preserved immaculate from all stain of original sin, has been revealed by God, and therefore should firmly and constantly be believed by all the faithful.

text: The dogma was defined in accordance with the conditions of papal infallibility, which would be defined in 1870 by the First Vatican Council.

text: The papal definition of the dogma declares with absolute certainty and authority that Mary possessed sanctifying grace from the first instant of her existence and was free from the lack of grace caused by the original sin at the beginning of human history. Mary's salvation was won by her son Jesus Christ through his passion, death, and resurrection and was not due to her own merits.[30][48]

text: Later developments[edit]

text: For the Roman Catholic Church the dogma of the Immaculate Conception gained additional significance from the reputed apparitions of Our Lady of Lourdes in 1858. At Lourdes a 14-year-old girl, Bernadette Soubirous, claimed that a beautiful woman appeared to her and said, "I am the Immaculate Conception". Many believe the woman to have been the Blessed Virgin Mary and pray to her as such.[49]

text: Pope Pius IX defined the dogma of the Immaculate Conception "not so much because of proofs in Scripture or ancient tradition, but due to a profound sensus fidelium and the Magisterium".[50]

text: Speaking of the witness of the Church Fathers in claiming for Mary titles such as "Free from all contagion of sin", Pope Pius XII wrote:

text: If the popular praises of the Blessed Virgin Mary be given the careful consideration they deserve, who will dare to doubt that she, who was purer than the angels and at all times pure, was at any moment, even for the briefest instant, not free from every stain of sin?[51]

text: The Roman Catholic tradition has a well-established philosophy for the study of the Immaculate Conception and the veneration of the Blessed Virgin Mary in the field of Mariology, with Pontifical schools such as the Marianum specifically devoted to this.[52][53]

text: According to Bernard Ullathorne, a 19th-century English Roman Catholic prelate, "the expressions - The Immaculate Conception - The Immaculate Preservation - The Immunity - and Exception from original sin, are all phrases which bear the same signification, and are used equally to express one and the same mystery."[54]

text: Patronages[edit]

text: A number of countries are considered to be under the patronage of the Immaculate Conception by pontifical decree.

text: These include Argentina, Brazil, Korea, Nicaragua, Paraguay, Philippines, Spain (old kingdoms and the present state), the United States and Uruguay.

text: By royal decree under the House of Braganza, it is the principal Patroness of Portugal.

text: Feast day[edit]

text: By 750, the feast of her conception (December 8th) was widely celebrated in the Byzantine East, under the name of the Conception (active) of Saint Anne. In the West it was known as the feast of the Conception (passive) of Mary, and was associated particularly with the Normans, whether these introduced it directly from the East[55] or took it from English usage.[56] The spread of the feast, by now with the adjective "Immaculate" attached to its title, met opposition on the part of some, on the grounds that sanctification was possible only after conception.[20] Critics included Saints Bernard of Clairvaux, Albertus Magnus and Thomas Aquinas. Other theologians defended the expression "Immaculate Conception", pointing out that sanctification could be conferred at the first moment of conception in view of the foreseen merits of Christ, a view held especially by Franciscans.[57]

text: William of Ware and Blessed John Duns Scotus pointed out that Mary’s Immaculate Conception enhances Jesus’ redemptive work.[58] One of the chief proponents of the doctrine was the Hungarian Franciscan Pelbartus Ladislaus of Temesvár. [59]

text: On 28 February 1476, Pope Sixtus IV, authorized those dioceses that wished to introduce the feast to do so, and introduced it to his own diocese of Rome in 1477,[56] with a specially composed Mass and Office of the feast.[60] With his bull Cum praeexcelsa of 28 February 1477, in which he referred to the feast as that of the Conception of Mary, without using the word "Immaculate", he granted indulgences to those who would participate in the specially composed Mass or Office on the feast itself or during its octave, and he used the word "immaculate" of Mary, but applied instead the adjective "miraculous" to her conception.[61][62] On 4 September 1483, referring to the feast as that of "the Conception of Immaculate Mary ever Virgin", he condemned both those who called it mortally sinful and heretical to hold that the "glorious and immaculate mother of God was conceived without the stain of original sin" and those who called it mortally sinful and heretical to hold that "the glorious Virgin Mary was conceived with original sin", since, he said, "up to this time there has been no decision made by the Roman Church and the Apostolic See."[61] This decree was reaffirmed by the Council of Trent.[61]

text: Pope Pius V, while including the feast in the Tridentine Calendar, removed the adjective "Immaculate" and suppressed the existing special Mass for the feast, directing that the Mass for the Nativity of Mary (with the word "Nativity" replaced by "Conception") be used instead.[63][64] Part of that earlier Mass was revived in the Mass that Pope Pius IX ordered to be used on the feast and that is still in use.[65]

text: On 6 December 1708, Pope Clement XI made the feast of the Conception of Mary, at that time still with the Nativity of Mary formula for the Mass, a Holy Day of Obligation.[20] Until Pope Pius X reduced in 1911 the number of Holy Days of Obligation to 8, there were in the course of the year 36 such days, apart from Sundays.[66] Writers such as Sarah Jane Boss interpret the existence of the feast as a strong indication of the Church's traditional belief in the Immaculate Conception.[67]

text: Other churches[edit]

text: For differing reasons, belief in Mary's immaculate conception in the Catholic doctrinal form is not part of the official doctrines of the Eastern Orthodox, Oriental Orthodox, Anglican and Protestant churches.

text: Eastern Orthodox[edit]

text: Contemporary Eastern Orthodox Christians often object to the dogmatic declaration of her immaculate conception as an "over-elaboration" of the faith and because they see it as too closely connected with a particular interpretation of the doctrine of ancestral sin.[68] All the same, the historical and authentic tradition of Mariology in Byzantium took its historical point of departure from Sophronios, Damascene, and their imitators. The most famous Eastern Orthodox theologian to imply Mary's Immaculate Conception was St. Gregory Palamas. Though many passages from his works were long known to extol and attribute to Mary a Christlike holiness in her human nature, traditional objections to Palamas' disposition toward the Immaculate Conception typically rely on a poor understanding of his doctrine of "the purification of Mary" at the Annunciation.[69] Not only did he explicitly cite St. Gregory Nazianzen for his understanding of Jesus' purification at His baptism and Mary's at the Annunciation, but Theophanes of Nicaea, Joseph Bryennius, and Gennadios Scholarios all explicitly placed Mary's Conception as the first moment of her all-immaculate participation in the divine energies to such a degree that she was always completely without spot and graced.[70] In addition to Emperor Manuel II and Gennadius Scholarius, St. Mark of Ephesus also fervently defended Mary's title as "prepurified" against the Dominican, Manuel Calecas, who was perhaps promoting thomistic Mariology that denied Mary's all-holiness from the first moment of her existence.[71]

text: Oriental Orthodox[edit]

text: In the tradition of Ethiopian Orthodoxy, the Kebra Nagast says:

text: He cleansed EVE'S body and sanctified it and made for it a dwelling in her for ADAM'S salvation. She [i.e., MARY] was born without blemish, for He made her pure, without pollution, and she redeemed his debt without carnal union and embrace ... Through the transgression of EVE we died and were buried, and by the purity of MARY we receive honour, and are exalted to the heights.

text: Old Catholic[edit]

text: While Old Catholics do not reject the Immaculate Conception of Mary, and some of their parishes venerate Mary as immaculately conceived and celebrate the feast of her Immaculate Conception, they do not accept its definition as a dogma, since they reject papal infallibility and with it the Pope's authority to define dogma.[73]

text: Protestantism[edit]

text: Martin Luther, who initiated the Protestant Reformation, said: "Mother Mary, like us, was born in sin of sinful parents, but the Holy Spirit covered her, sanctified and purified her so that this child was born of flesh and blood, but not with sinful flesh and blood. The Holy Spirit permitted the Virgin Mary to remain a true, natural human being of flesh and blood, just as we. However, he warded off sin from her flesh and blood so that she became the mother of a pure child, not poisoned by sin as we are. For in that moment when she conceived, she was a holy mother filled with the Holy Spirit and her fruit is a holy pure fruit, at once God and truly man, in one person."[74] Some Lutherans, such as the members of the Anglo-Lutheran Catholic Church, support the doctrine.

text: Most Protestants reject the doctrine because they do not consider the development of dogmatic theology to be authoritative apart from biblical exegesis, and because the doctrine of the Immaculate Conception is not taught in the Bible.[75] The formal pronouncement of Mary's Immaculate Conception by the Catholic Church in 1854 further alienated some Protestant churches largely due to its implication that not all have sinned.[76]

text: Anglicanism[edit]

text: Belief in Mary's immaculate conception is not a doctrine within Anglicanism, although it is shared by many Anglo-Catholics.[77] In the Church of England's Common Worship prayer book, 8 December is designated a Lesser Festival of the Conception of the Blessed Virgin Mary (without the adjective "immaculate").[78]

text: The report "Mary: Faith and Hope in Christ", by the Anglican-Roman Catholic International Commission, concluded that the teaching about Mary in the two definitions of the Assumption and the Immaculate Conception can be said to be consonant with the teaching of the Scriptures and the ancient common traditions.[79] But the report expressed concerns that the Roman Catholic dogmatic definitions of these concepts implies them to be "revealed by God", stating: "The question arises for Anglicans, however, as to whether these doctrines concerning Mary are revealed by God in a way which must be held by believers as a matter of faith."[80]

text: Other than Anglo-Catholics, most Anglicans reject the doctrine that Mary was sinless and conceived without original sin, often citing that it is not within the Holy Scripture and is against the redemptive role and purpose of Jesus Christ merited for all human beings.

text: Islam[edit]

text: Official Islamic teachings highly regard the Virgin Mary (Maryam) as a sublime model of both purity and piety. An entire Sura chapter of the Qur'an is dedicated to her nobility, holiness, and obedience to God. Among Islamic circles and discussions, she is often given a prominent status being the supreme feminine model of sanctity and maternal virtue.

text: Some Western writers have claimed that the immaculate conception of Mary is a teaching of Islam. Thus, commenting in 1734 on the passage in the Qur'an, "I have called her Mary; and I commend her to thy protection, and also her issue, against Satan driven away with stones", George Sale stated: "It is not improbable that the pretended immaculate conception of the virgin Mary is intimated in this passage. For according to a tradition of Mohammed, every person that comes into the world, is touched at his birth by the devil, and therefore cries out, Mary and her son only excepted; between whom, and the evil spirit God placed a veil, so that his touch did not reach them. And for this reason they say, neither of them were guilty of any sin, like the rest of the children of Adam."[81]

text: Others have rejected that the doctrine of Immaculate Conception exists in Islam. The Quranic account does not confirm the Immaculate Conception exclusively for Mary as in Islam every human child is born pure and immaculate;[82][83] her sinless birth is thus independent of the Christian doctrine of original sin as no such doctrine exists in Islam.[84][85] Moreover, Hannah's prayer in the Quran for her child to remain protected from Satan (Shayṭān) was said after it had already been born, not before and expresses a natural concern any righteous parent would have. The Muslim tradition or hadith, which states that the only children born without the "touch of Satan" were Mary and Jesus,[86] should therefore not be taken in isolation from the Quran, and is to be interpreted within the specific context of exonerating Mary and her child from the charges that were made against them and not as a general statement. The specific mention of Mary and Jesus in this hadith may also be taken to represent a class of people, in keeping with the Arabic language and the Quranic verse [O Satan,] surely thou shalt have no power over My servants, except such of the erring ones as choose to follow thee (15:42).[84]

text: Further claims have been made that the Roman Catholic Church derives its doctrine from the Islamic teaching. In volume 5 of his Decline and Fall of the Roman Empire, published in 1788, Edward Gibbon wrote: "The Latin Church has not disdained to borrow from the Koran the immaculate conception of his virgin mother." That he was speaking of her immaculate conception by her mother, not of her own virginal conception of Jesus, is shown by his footnote: "In the xiith century the immaculate conception was condemned by St. Bernard as a presumptuous novelty."[87] In the aftermath of the definition of the dogma in 1854, this charge was repeated in an article published in 1865: "Strange as it may appear, that the doctrine which the church of Rome has promulgated, with so much pomp and ceremony, 'for the destruction of all heresies, and the confirmation of the faith of her adherents', should have its origin in the Mohametan Bible; yet the testimony of such authorities as Gibbon, and Sale, and Forster, and Gagnier, and Maracci, leave no doubt as to the marvellous fact."[88]

text: Without making Islamic belief the origin of the doctrine defined in 1854, a similarity between the two has been noted also by Roman Catholic writers such as Thomas Patrick Hughes,[89] William Bernard Ullathorne,[90] Giancarlo Finazzo.[91]

text: Prayers and hymns[edit]

text: The Roman Missal and the Roman Rite Liturgy of the Hours naturally includes references to Mary's immaculate conception in the feast of the Immaculate Conception. An example is the antiphon that begins: "Tota pulchra es, Maria, et macula originalis non est in te" ("You are all beautiful, Mary, and the original stain [of sin] is not in you." It continues: "Your clothing is white as snow, and your face is like the sun. You are all beautiful, Mary, and the original stain [of sin] is not in you. You are the glory of Jerusalem, you are the joy of Israel, you give honour to our people. You are all beautiful, Mary.")[92] On the basis of the original Gregorian chant music,[93] polyphonic settings have been composed by Anton Bruckner,[94] Pablo Casals, Maurice Duruflé,[95] Grzegorz Gerwazy Gorczycki,[96] no:Ola Gjeilo,[97] José Maurício Nunes Garcia,[98] and Nikolaus Schapfl,[99]

text: Other prayers honouring Mary's immaculate conception are in use outside the formal liturgy. The hymn Immaculate Mary, addressed to Mary as the Immaculately Conceived One, is closely associated with Lourdes.[100] The Immaculata prayer, composed by Saint Maximillian Kolbe, is a prayer of entrustment to Mary as the Immaculata.[101] A novena of prayers, with a specific prayer for each of the nine days has been composed under the title of the Immaculate Conception Novena.[102]

text: Artistic representations[edit]

text: The 1476 extension of the feast of the Immaculate Conception to the entire Latin Church reduced the likelihood of controversy for the artist or patron in depicting an image, so that emblems depicting The Immaculate Conception began to appear.[103]

text: Many artists in the 15th century faced the problem of how to depict an abstract idea such as the Immaculate Conception, and the problem was not fully solved for 150 years. The Italian Renaissance artist Piero di Cosimo was among those artists who tried new solutions, but none of these became generally adopted so that the subject matter would be immediately recognisable to the faithful.

text: The definitive iconography for the Immaculate Conception, drawing on the emblem tradition, seems to have been finally established by the master and then father-in-law of Diego Velázquez, the painter and theorist Francisco Pacheco. Pacheco's iconography influenced other Spanish artists or artists active in Spain such as El Greco, Bartolomé Murillo, Diego Velázquez, and Francisco Zurbarán, who each produced a number of artistic masterpieces based on the use of these same symbols.[104][105]

text: The popularity of this particular representation of The Immaculate Conception spread across the rest of Europe, and has since remained the best known artistic depiction of the concept: in a heavenly realm, moments after her creation, the spirit of Mary (in the form of a young woman) looks up in awe at (or bows her head to) God. The moon is under her feet and a halo of twelve stars surround her head, possibly a reference to "a woman clothed with the sun" from Revelation 12:1–2. Additional imagery may include clouds, a golden light, and putti. In some paintings the putti are holding lilies and roses, flowers often associated with Mary.[106]

text:
di Cosimo, Immaculate Conception, 1505

Rubens, Immaculate Conception, 1628–1629

Zurbarán, Immaculate Conception, 1630

Murillo, Immaculate Conception, 1650

Murillo, Immaculate Conception, 1660

Murillo, Immaculate Conception, 1678

Carlo Maratta, 1689

Juan Antonio Escalante, 17th century

Santa Maria degli Angeli, Rome

Baroque altar in Our Lady of the Immaculate Conception Church, Portugal

Caxias do Sul museum, Brazil

Statue, Porto Alegre, Brazil, 19th century

Palmi, Immaculate Conception, 1925

Nicaragua, Immaculate Conception, 1950

Our Lady of Aparecida, Brasilia

The Immaculate Conception, Church of the Immaculate Conception in Santa Cruz de Tenerife (Spain).

tag: ul