Canon law of the Catholic Church
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The canon law of the Catholic Church (from
Positive ecclesiastical laws, based directly or indirectly upon immutable
The canon law of the Catholic Church has all the ordinary elements of a mature legal system: laws,
The jurisprudence of canon law is the complex of legal principles and traditions within which canon law operates, while the philosophy, theology, and fundamental theory of Catholic canon law are the areas of philosophical, theological, and legal scholarship dedicated to providing a theoretical basis for canon law as a legal system and as true law.
Definitions
The term "canon law" (ius canonicum) was only regularly used from the twelfth century onwards.
Other terms sometimes used synonymously with ius canonicum include ius sacrum, ius ecclesiasticum, ius divinum, and ius pontificium,[17] as well as sacri canones[18] (sacred canons).
Ecclesiastical positive law is the
Examples of ecclesiastical positive law are fasting during the liturgical season of Lent, and religious workers (monks, nuns, etc.) requiring permission from their superiors to publish a book.[19][21]
Etymology of "canon"
The word "canon" comes from the Greek kanon, which in its original usage denoted a straight rod, was later used for a measuring stick, and eventually came to mean a rule or norm.
Sources of canon law
The term source or fountain of canon law (fons iuris canonici) may be taken in a twofold sense: a) as the formal cause of the existence of a law, and in this sense of the fontes essendi (Latin: "sources of being") of canon law or lawgivers; b) as the material channel through which laws are handed down and made known, and in this sense the sources are styled fontes cognoscendi (Latin: "sources of knowing"), or depositaries, like sources of history.[23]
Legal history and codification
The
The history of Latin canon law can be divided into four periods: the ius antiquum, the ius novum, the ius novissimum and the Codex Iuris Canonici.[25] In relation to the Code, history can be divided into the ius vetus (all law before the 1917 Code) and the ius novum (the law of the code, or ius codicis).[25]
The Eastern Catholic canon law of the Eastern Catholic Churches, which had developed some different disciplines and practices, underwent its own process of codification, resulting in the Code of Canons of the Eastern Churches promulgated in 1990 by Pope John Paul II.[26]
Ius antiquum
The period of canonical history known as the ius antiquum ("ancient law") extends from the foundation of the Church to the time of Gratian (mid-12th century).[25][28] This period can be further divided into three periods: the time of the apostles to the death of Pope Gelasius I (A.D. 496), the end of the 5th century to the spurious collection of the 9th century, and the last up to the time of Gratian (mid-12th century).[29]
In the
In the first millennium of the Latin Church, the canons of various ecumenical and local councils were supplemented with decretals of the popes; these were gathered together into collections.[citation needed]
Ius novum
The period of canonical history known as the Ius novum ("new law") or middle period covers the time from Gratian to the Council of Trent (mid-12th century–16th century).[25][28]
The spurious conciliar canons and papal decrees were gathered together into collections, both unofficial and official. In the year 1000, there was no book that had attempted to summarize the whole body of canon law, to systematize it in whole or in part.
Canon law greatly increased from 1140 to 1234. After that, it slowed down, except for the laws of local councils (an area of canon law in need of scholarship), and secular laws supplemented.
In the thirteenth century, the Roman Church began to collect and organize its canon law, which after a millennium of development had become a complex and difficult system of interpretation and cross-referencing. The official collections were the Liber Extra (1234) of Pope
Ius novissimum
The third canonical period, known as the ius novissimum ("newest law"), stretches from the
Ius codicis
The fourth period of canonical history is that of the present day, initiated by the promulgation of the 1917 Code of Canon Law[25] on 27 May 1917.[36]
Benedict XV, in his bull of promulgation, refers to the motu proprio Arduum sane, which was issued by Pius X, March 17, 1904, and gave rise to the 1917 Code.[23] In that memorable pronouncement the late Pontiff stated the reasons which prompted him as the supreme Pastor of souls, who has the care of all the churches, to provide for a new codification of ecclesiastic laws, with a view " to put together with order and clearness all the laws of the Church thus far issued, removing all those that would be recognized as abrogated or obsolete, adapting others to the necessities of the times, and enacting new ones in conformity with the present needs."[23]
It is sometimes referred to as the ius codicis ("law of the code") or, in comparison with all law before it, the ius novum ("new law").
Pio-Benedictine law
By the 19th century, the body of canonical legislation included some 10,000 norms. Many of these were difficult to reconcile with one another due to changes in circumstances and practice. The situation impelled
Johanno-Pauline law
In the succeeding decades, some parts of the
This codification is referred to as the 1983 Code of Canon Law to distinguish it from the 1917 Code. Like the preceding codification, it applies to Roman Catholics of the Latin Church.[42]
As the currently-in-force law for the Latin Church, it constitutes a major part of the Ius vigens (Latin: "active law").
Eastern Catholic canon law
Nomocanons
A nomocanon (nomokanon) is a collection of
Code of Canons of the Eastern Churches
For Eastern Catholics, two sections of
Jurisprudence of canon law
The institutions and practices of canon law paralleled the legal development of much of Europe, and consequently both modern
bear the influences of canon law.From the days of Ethelbert onwards [say, from the year 600], English law was under the influence of so much of Roman law as had worked itself into the traditions of the Catholic Church.[47]
Much of the legislative style was adapted from that of
In one of his elaborate orations in the United States Senate Mr. Charles Sumner spoke of "the generous presumption of the common law in favor of the innocence of an accused person"; yet it must be admitted that such a presumption cannot be found in Anglo-Saxon law, where sometimes the presumption seems to have been the other way. And in a very recent case in the Supreme Court of the United States, the case of Coffin, 156 U. S. 432, it is pointed out that this presumption was fully established in the Roman law, and was preserved in the canon law.[54]
The primary canonical sources of law are the
Canonists have formulated interpretive rules of law for the magisterial (non-legislatorial) interpretation of canon laws. An authentic interpretation is an official interpretation of a law issued by the law's legislator, and has the force of law.[58]
Philosophy, theology, and fundamental theory of Catholic canon law
Although canonical jurisprudential theory generally follows the principles of
In the decades following the Second Vatican Council, many canonists called for a more theological, rather than philosophical, conception of canon law,[62] acknowledging the "triple relationship between theology, philosophy, and canon law".[63] Some authors conceive of canon law as essentially theological and the discipline of canon law as a theological subdiscipline,[62] but Msgr. Carlos José Errázuriz contends that "in a certain sense, all postconciliar canonical scholarship has shown a theological concern in the widest sense, that is, a tendency to determine more clearly the place of the juridical in the mystery of the Church."[62]
The fundamental theory of canon law is a discipline covering the basis of canon law in the very nature of the church.
Canonistics, faculties, and institutes
The academic degrees in canon law are the J.C.B. (Iuris Canonici Baccalaureatus, Bachelor of Canon Law, normally taken as a graduate degree), J.C.L. (Iuris Canonici Licentiatus,
Canon law and Church office
Under the
See also
- Apostolic Administrator
- Canon Episcopi
- Canonical Acts
- Canonical admonitions
- Confirmation of bishops
- Devil's advocate
- Ecclesiastical court
- Funeral dues
- Particular church
- Privilege (canon law)
- Privilege of competency
- Rector (ecclesiastical)
- Religious law
- Prohibited degree of kinship
- Secular clergy
- Sede vacante
- Simony
- Supreme Tribunal of the Apostolic Signatura
- Team of priests in solidum
- Territorial abbot
References
Citations
- ^ Black's Law Dictionary, 5th Edition, p. 771: "Ius canonicum"
- ^ Father James Goodwin (4 June 2021). "Church Teaching. Introduction to Canon Law". Simply Catholic. Archived from the original on 16 February 2022. Retrieved 16 February 2022.
- ^ Della Rocca, Manual of Canon Law, p. 3
- ^ Berman, Harold J. Law and Revolution, pp. 86, 115
- ^ a b c d Edward N. Peters, CanonLaw.info Home Page Archived 2011-09-28 at the Wayback Machine, accessed June-11-2013
- ^ Raymond Wacks, Law: A Very Short Introduction, 2nd Ed. (Oxford University Press, 2015) p. 13.
- ^ Canon 331 Archived 2007-04-02 at the Wayback Machine, 1983 Code of Canon Law
- ^ Edward N. Peters, "A Catechist's Introduction to Canon Law" Archived 2017-08-02 at the Wayback Machine, CanonLaw.info, accessed June-11-2013
- ^ a b Manual of Canon Law, p. 49
- ^ "Code of Canon Law: text - IntraText CT". www.intratext.com. Archived from the original on 2020-12-11. Retrieved 2020-10-24.
- ^ St. Joseph Foundation newsletter, Vol. 30 No. 7 Archived 2020-07-27 at the Wayback Machine, p. 3
- ^ a b Vere & Trueman, Surprised by Canon Law [volume 1], 2004, p. 3
- ^ Black's Law Dictionary, 5th Edition, p. 187: "Canonist"
- ^ Berman, Law and Revolution, p. 288
- ^ a b Berman, Law and Revolution, p. 202.
- ^ Berman, Law and Revolution, p. 253
- ^ Smith, Elements of Ecclesiastical Law, Vol. I (9th ed.), p. 9. Internet Archive, accessed 28 March 2016.
- ^ Phillimore, Walter George Frank (1911). Chisholm, Hugh (ed.). Encyclopædia Britannica. Vol. 5 (11th ed.). Cambridge University Press. p. 193. . In
- ^ a b c Rev. James Socias (gen. edit.), Our Moral Life in Christ. (Chicago: Midwest Theological Forum, 2003), 84.
- ^ Della Rocca, Fernando, Manual of Canon Law (Milwaukee: The Bruce Publishing Company, 1959) trans. The Rev. Anselm Thatcher, O.S.B., p. 9.
- ^ Canon 832 as found in https://www.vatican.va/archive/ENG1104/__P2Q.HTM Archived 2015-02-28 at the Wayback Machine
- ^ a b Berman, Law and Revolution, p. 199
- ^ a b c A Commentary on the New Code of Canon Law by the Rev. P. Chas. Augustine O.S.B., D.D., Volume I: Introduction and General Rules (can. 1–86), SECOND EDITION (St. Louis: B. HERDER BOOK CO., 1918).
- ^ Mylne, The Canon Law, p. 22.
- ^ a b c d e f g Manual of Canon Law, p. 13, #8
- Ap. Const. Sacri Canones
- ^ Vere & Trueman, Surprised by Canon Law, p. 2.
- ^ a b c Wigmore, Panorama, p. 951
- ^ Manual of Canon Law, p. 14
- ^ Law and Revolution, p. 116
- ^ Law and Revolution, p. 240
- ^ Kenneth J. Pennington, Ph.D., CL701, CUA School of Canon Law, "History of Canon Law, Day 1" Archived 2015-07-09 at the Wayback Machine, around 0:25:30, accessed 8-15-2014
- ^ Rommen, Natural Law, pp. 38–39
- ^ The New York Times, Neighbors and Wives book review Archived 2016-04-22 at the Wayback Machine of Nov-13-1988, accessed 27 June 2013
- ^ Edward N. Peters, A suggestion for reordering the major divisions of canonical history Archived 2013-08-31 at the Wayback Machine, accessed 16 May 2013
- ^ CanonLaw.info Archived 2013-06-06 at the Wayback Machine, accessed Jan-19-2013
- ^ a b De Meester, Compendium Tomus Primus, p. 52
- ^ John XXIII, allocution Questa festiva (25 Jan. 1959), AAS 51 (1959) pp. 68–69
- ^ CanonLaw.info, "Legislative History of the 1983 Code of Canon Law" Archived 2013-05-26 at the Wayback Machine; accessed June-7-2013
- ^ The New York Times, "New Canon Law Code in Effect for Catholics Archived 2017-09-19 at the Wayback Machine", 27-Nov-1983, accessed June-25-2013
- ^ Britannica "Canon Law" Archived 2014-11-04 at the Wayback Machine, accessed 6-24-2013
- ^ Can. 1, 1983 CIC ("The Canons of this code regard only the Latin Church.")
- ^ Taylor 1990, p. 61.
- ^ Rommen, Heinrich A., Natural Law, p. 114
- ^ Friedman, Lawrence M., American Law, p. 70
- ^ Epstein et al., Contracts: Making and Doing Deals, 3rd Ed., p. 13.
- ^ Studies in the Civil Law, p. 43—citing Professor Maitland, "Social England".
- ^ The National Encyclopedia: Volume 2, p. 416
- ^ The New York Times, "Pope to Codify Canon Law" Archived 2021-10-07 at the Wayback Machine, 1-Apr-1904, accessed 25-June-2013
- ^ McCormick, Anne O'Hare. Vatican Journal, p. 44
- ^ Comparative Legal Traditions, p. 43
- ISBN 978-0787663742.
- ^ Wormser, The Story of the LAW, p. 189
- ^ Studies in the Civil Law, p. 51
- ^ a b Edward Peters, CanonLaw.info Archived 2013-05-17 at the Wayback Machine, accessed June-9-2013
- Pastor Bonusn. 2
- ^ 1983 Code, canon 7.
- ^ Catholic Encyclopedia 1913, "Words (In Canon Law)"
- ^ J. Budziszewski, The Architecture of Law According to Thomas Aquinas Archived 2016-03-14 at the Wayback Machine; accessed 14 March 2016
- ^ Blackfriars Summa Theologiæ Vol. 28, p. 16 [notes by Thomas Gilby O.P. on Summa Ia-IIæ, q. 90, a. 4]
- ^ Exegetical Commentary on the Code of Canon Law, Vol. I, pp. 261–262 (commentary on 1983 CIC, Book I, Title I)
- ^ a b c Errázuriz, "Justice in the Church", p. 71
- ^ Ladislas Orsy, "Towards a Theological Conception of Canon Law" (published in Jordan Hite, T.O.R., & Daniel J. Ward, O.S.B., "Readings, Cases, Materials in Canon Law: A Textbook for Ministerial Students, Revised Edition" (Collegeville, MN: The Liturgical Press, 1990), p. 11
- ^ Errázuriz M., Fundamental Theory, 3
- ^ Errázuriz M., Fundamental Theory, xvii.
- ^ Errázuriz M., Fundamental Theory, 59 et seq.
- ^ Errázuriz M., Fundamental Theory, 62
- ^ 1983 CIC, can. 252 §3
- ^ 1983 CIC, can. 1420 §4
- ^ 1983 CIC, can. 1421 §3
- ^ a b 1983 CIC, can. 1435
- ^ 1983 CIC, can. 1483
- ^ 1983 CIC, can. 478 §1
- ^ 1983 CIC, can. 378 §1 °5
Sources
Arranged alphabetically by author:
- Aquinas, Thomas. "St. Thomas Aquinas: Summa Theologiæ, Volume 28: Law and Political Theory (Ia2æ. 90–97); Latin text. English translation, Introduction, Notes, Appendices & Glossary [by] Thomas Gilby O.P.", Blackfriars (Cambridge: Eyre and Spottiswoode Limited, 1966).
- Berman, Harold J., Law and Revolution: The Formation of the Western Legal Tradition (Cambridge, MA: Harvard University Press, 1983).
- Tribunal of the Roman Rota, Clementine Hall, 21 January 2012. https://w2.vatican.va/content/benedict-xvi/en/speeches/2012/january/documents/hf_ben-xvi_spe_20120121_rota-romana.html Archived 2016-04-04 at the Wayback MachineAccessed 29 March 2016.
- Caparros, Ernest. Exegetical Commentary on the Code of Canon Law, Volume I: Prepared under the Responsibility of the Martín de Azpilcueta Institute, Faculty of Canon Law, University of Navarre (Chicago, Illinois: Midwest Theological Forum, 2004) Edited by Ángel Marzoa, Jorge Miras and Rafael Rodríguez-Ocaña (English language edition General editor: Ernest Caparros; Review coordinator: Patrick Lagges).
- Della Rocca, Fernando, Manual of Canon Law (Milwaukee: The Bruce Publishing Company, 1959) translated by Rev. Anselm Thatcher, O.S.B.
- De Meester, A., D.J.C., Iuris Canonici et Iuris Canonico-Civilis Compendium: Nova Editio ad normam Codicis Iuris Canonici Tomus Primus (Brugis: Societatis Sancti Augustini, 1921).
- Epstein, David G., Bruce A. Markell, & Lawrence Panoroff, Cases and Materials on Contracts: Making and Doing Deals: Third Edition (St. Paul, MN: West/Thomson Reuters, 2011). ISBN 978-0314272386
- Errázuriz M., Carlos José. Justice in the Church: A Fundamental Theory of Canon Law (Montreal: Wilson & Lefleur Ltée, 2009) trans. Jean Gray in collaboration with Michael Dunnigan.
- Friedman, Lawrence M. American Law: An Introduction (New York: W.W. Norton & Company, 1984).
- Glendon, Mary Anne, Michael Wallace Gordon, Christopher Osakwe, Comparative Legal Traditions: Text, Materials and Cases (American Casebook Series) (St. Paul, MN: West Publishing Co., 1985).
- Howe, William Wirt. Studies in the Civil Law, and its Relation to the Law of England and America. (Boston: Little, Brown, and Company, 1896).
- Jordan, William Chester. The Penguin History of Europe: Europe in the High Middle Ages (London: Penguin Books, 2002).
- McCormick, Anne O'Hare. Vatican Journal: 1921–1954 (New York: Farrar, Straus and Cudahy, 1957).
- Mylne, Robert Scott. The Canon Law (Published by Forgotten Books 2013; originally published 1912). PIBN 1000197046.
- Orsy, Ladislas. Towards a Theological Conception of Canon Law (essay published in Jordan Hite, T.O.R., & Daniel J. Ward, O.S.B., Readings, Cases, Materials in Canon Law: A Textbook for Ministerial Students, Revised Edition (Collegeville, MN: The Liturgical Press, 1990).
- Peters, Edward N., translator, The 1917 or Pio-Benedictine Code of Canon Law: in English Translation with Extensive Scholarly Apparatus (Ignatius Press, 2001)
- Rommen, Heinrich A. The Natural Law: A Study in Legal and Social History and Philosophy (St Louis: B. Herder Book Co., 1947 [1959]) translated by Thomas R. Hanley, O.S.B.
- Suzzallo, Henry, Ph.D., Sc.D., LL.D., Editor in Chief, The National Encyclopedia: Volume 2 (New York, P. F. Collier & Son Corporation, 1935).
- Taylor, Justin (1990). "Canon Law in the Age of the Fathers". In Hite, Jordan; Ward, Daniel J. (eds.). Readings, cases, materials in Canon Law: a textbook for ministerial students (Revised ed.). Collegeville, MN: Liturgical Press. ISBN 978-0814610817.
- Vere, Pete, & Michael Trueman, Surprised by Canon Law: 150 Questions Catholics Ask About Canon Law (Cincinnati, Ohio: St. Anthony Messenger Press, 2004).
- Wigmore, John Henry, A Panorama of the World's Legal Systems Library Edition (Washington, D.C.: Washington Law Book Company, 1936).
- Wormser, René A., The Story of the LAW and the Men Who Made It – From the Earliest Times to the Present: Revised and Updated Edition of The Law (New York: Simon and Schuster, 1962).
- Black's Law Dictionary, 5th Edition (St. Paul, MN: West Publishing Co., 1979).
- Catechism of the Catholic Church Archived 2012-02-06 at the Wayback Machine at Vatican.va
- 1983 Code of Canon Law (1983 CIC) at Vatican.va. Publication details: Latin-English Edition, New English Translation; Prepared under the auspices of the Canon Law Society of America, Washington, DC.
Further reading
- Cicognani, Amleto Giovanni (1935). Canon Law: I. Introduction to the Study of Canon Law; II. History of the Sources of Canon Law; III. A Commentary on Book I of the Code. Translated by O'Hara, Joseph M.; Brennan, Francis. Internet Archive (2nd revised ed.). Philadelphia: Dolphin Press.
External links
- Sacrea Disciplinae Leges (Document establishing the 1983 Code of Canon Law)
- Norms of current canon law (Table of canonical norms which are currently in force)
- Canon Law Wiki (Notes, Commentary, Discussion, Papers & Bibliography on Canon Law)
Texts and translations of post-1917 canonical codifications
With referenced concordances
- Codex Iuris Canonici (1983) (in Latin)
- Code of Canon Law (1983) (Translation by Canon Law Society of America – via vatican.va. Includes 1998 modification of canons 750 and 1371.)
- Code of Canon Law (1983) (Translation by the Canon Law Society of Great Britain and Ireland, assisted by the Canon Law Society of Australia and New Zealand and the Canadian Canon Law Society)
- Codex canonum ecclesiarum orientalium (1990) (in Latin)
- Code of canons of Oriental Churchs (1990) (Translation by Canon Law Society of America)
- Codex Iuris Canonici (1917) (in Latin) (Abrogated by 1983 Code of Canon Law)
Without concordances
- 1983 Code of Canon Law Archived 2021-07-09 at the Wayback Machine (English, updated with post-promulgation legislative revisions.)
- 1983 Codex Iuris Canonici Archived 2021-05-13 at the Wayback Machine (Latin, updated with post-promulgation legislative revisions.)
Historical canon law texts
- The Medieval Canon Law Virtual Library
- Decretum Gratiani (Friedbourg edition)
- Corpus Iuris Canonici (1582)
- Code de 1917 (in French) (Abrogated by the 1983 Code of Canon Law)