Canon law of the Catholic Church

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Canon law of the
Catholic Church
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The canon law of the Catholic Church (Latin : jus canonicum) [1] is the system of laws and legal principles made and enforced by the hierarchical authorities of the Catholic Church to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the Church. [2] It was the first modern Western legal system [3] and is the oldest continuously functioning legal system in the West, [4] [5] while the unique traditions of Oriental canon law govern the 23 Eastern Catholic particular churches sui iuris.

Law System of rules and guidelines, generally backed by governmental authority

Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. It has been defined both as "the Science of Justice" and "the Art of Justice". Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.

Canon law is a set of ordinances and regulations made by ecclesiastical authority, for the government of a Christian organization or church and its members. It is the internal ecclesiastical law, or operational policy, governing the Catholic Church, the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. The way that such church law is legislated, interpreted and at times adjudicated varies widely among these three bodies of churches. In all three traditions, a canon was originally a rule adopted by a church council; these canons formed the foundation of canon law.

Hierarchy of the Catholic Church organization of the Catholic Church

The hierarchy of the Catholic Church consists of its bishops, priests, and deacons. In the ecclesiological sense of the term, "hierarchy" strictly means the "holy ordering" of the Church, the Body of Christ, so to respect the diversity of gifts and ministries necessary for genuine unity.

Positive ecclesiastical laws, based directly or indirectly upon immutable divine law or natural law, derive formal authority in the case of universal laws from promulgation by the supreme legislator—the Supreme Pontiff, who possesses the totality of legislative, executive, and judicial power in his person, [6] or by the College of Bishops acting in communion with the pope—while particular laws derive formal authority from promulgation by a legislator inferior to the supreme legislator, whether an ordinary or a delegated legislator. The actual subject material of the canons is not just doctrinal or moral in nature, but all-encompassing of the human condition. It has all the ordinary elements of a mature legal system: [7] laws, courts, lawyers, judges, [7] a fully articulated legal code for the Latin Church [8] as well as a code for the Eastern Catholic Churches, [8] principles of legal interpretation, [9] and coercive penalties. [10] It lacks civilly-binding force in most secular jurisdictions. Those who are versed and skilled in canon law, and professors of canon law, are called canonists [11] [12] (or colloquially, canon lawyers [11] ). [13] Canon law as a sacred science is called canonistics.

Natural law system of law that is purportedly determined by nature, and is thus universal

Natural law is law that is held to exist independently of the positive law of a given political order, society or nation-state. As determined by nature, the law of nature is implied to be objective and universal; it exists independently of human understanding, and of the positive law of a given state, political order, legislature or society at large. Historically, natural law refers to the use of reason to analyze human nature to deduce binding rules of moral behavior from nature's or God's creation of reality and mankind.

Promulgation in the canon law of the Catholic Church is the publication of a law by which it is made known publicly, and is required by canon law for the law to obtain legal effect. Universal laws are promulgated when they are published in Acta Apostolicae Sedis, and unless specified to the contrary, obtain legal force three months after promulgation. Particular laws are promulgated in various ways but by default take effect one month after promulgation.

College of Bishops is a term used in the Catholic Church to denote the collection of those bishops who are in communion with the Pope. Under Canon Law, a college is a collection of persons united together for a common object so as to form one body. The Bishop of Rome is the head of the college.

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 canon law are the areas of philosophical, theological, and legal scholarship dedicated to providing a theoretical basis for canon law as legal system and as true law.

The philosophy, theology, and fundamental theory of canon law are the fields of philosophical, theological (ecclesiological), and legal scholarship which concern the place of canon law in the nature of the Catholic Church, both as a natural and as a supernatural entity. Philosophy and theology shape the concepts and self-understanding of canon law as the law of both a human organization and as a supernatural entity, since the Catholic Church believes that Jesus Christ instituted the church by direct divine command, while the fundamental theory of canon law is a meta-discipline of the "triple relationship between theology, philosophy, and canon law".

Definitions

The term "canon law" (jus canonicum) was only regularly used from the twelfth century onwards. [14] The term jus ecclesiasticum, by contrast, referred to the secular law, whether imperial, royal, or feudal, that dealt with relations between the state and the Catholic Church. [14] The term corpus juris canonici was used to denote canon law as legal system beginning in the thirteenth century. [15]

Other terms sometimes used synonymously with jus canonicum include jus sacrum, jus ecclesiasticum, jus divinum, and jus pontificium, [16] as well as sacri canones [17] (sacred canons).

Ecclesiastical positive law is the positive law that emanates from the legislative power of the Catholic Church in order to govern its members in accordance with the Gospel of Jesus Christ. [18] Fernando della Rocca used the term "ecclesiastical-positive law" in contradistinction to civil-positive law, in order to differentiate between the human legislators of church and state, all of which issue "positive law" in the normal sense. [19]

Positive laws are human-made laws that oblige or specify an action. It also describes the establishment of specific rights for an individual or group. Etymologically, the name derives from the verb to posit.

A legislature is a deliberative assembly with the authority to make laws for a political entity such as a country or city. Legislatures form important parts of most governments; in the separation of powers model, they are often contrasted with the executive and judicial branches of government.

Catholic Church Largest Christian church, led by the Bishop of Rome

The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with approximately 1.3 billion baptised Catholics worldwide as of 2017. As the world's oldest continuously functioning international institution, it has played a prominent role in the history and development of Western civilisation. The church is headed by the Bishop of Rome, known as the pope. Its central administration, the Holy See, is in the Vatican City, an enclave within the city of Rome in Italy.

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. [18] [20]

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. [21] In 325, when the first ecumenical council, Nicaea I, was held, kanon started to obtain the restricted juridical denotation of a law promulgated by a synod or ecumenical council, as well as that of an individual bishop. [21]

Sources of canon law

The term source or fountain of canon law (fons juris canonici) may be taken in a twofold sense : a) as the formal cause of the existence of a law, and in this sense we speak 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. [22]

The Catholic Church has the oldest continuously functioning legal system in the West, [4] much later than Roman law but predating the evolution of modern European civil law traditions. What began with rules ("canons") adopted by the Apostles at the Council of Jerusalem in the first century has developed into a highly complex legal system encapsulating not just norms of the New Testament, but some elements of the Hebrew (Old Testament), Roman, Visigothic, Saxon, and Celtic legal traditions. As many as 36 collections of canon law are known to have been brought into existence before 1150. [23]

The history of Latin canon law can be divided into four periods: the jus antiquum, the jus novum, the jus novissimum and the Codex Iuris Canonici . [24] In relation to the Code, history can be divided into the jus vetus (all law before the 1917 Code) and the jus novum (the law of the code, or jus codicis). [24]

The Oriental canon law of the Eastern Catholic Churches, which had developed some different disciplines and practices, underwent its own process of codification, resulting in the Codex Canonum Ecclesiarum Orientalium promulgated in 1990 by Pope John Paul II. [25]

St. Raymond of Penyafort (11751275), a Spanish Dominican priest, is the patron saint of canonists, [26] [4] due to his important contributions to canon law in codifying the Decretales Gregorii IX. Other saintly patrons include St. Ivo of Chartres and the Jesuit St. Robert Bellarmine.[ citation needed ]

Jus antiquum

Image of pages from the Decretum of Burchard of Worms, the 11th-century book of canon law. Extract from Burchard of Worms' Decretum.jpg
Image of pages from the Decretum of Burchard of Worms, the 11th-century book of canon law.

The period of canonical history known as the jus antiquum ("ancient law") extends from the foundation of the Church to the time of Gratian (mid-12th century). [24] [27] 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). [28]

In the Early Church, the first canons were decreed by bishops united in "Ecumenical" councils (the Emperor summoning all of the known world's bishops to attend with at least the acknowledgement of the Bishop of Rome) or "local" councils (bishops of a region or territory). Over time, these canons were supplemented with decretals of the Bishops of Rome, which were responses to doubts or problems according to the maxim, "Roma locuta est, causa finita est" ("Rome has spoken, the case is closed"). A common misconception, the Catholic Encyclopedia links this saying to St Augustine who actually said something quite different: "jam enim de hac causa duo concilia missa sunt ad sedem apostolicam; inde etiam rescripta venerunt; causa finita est" (which roughly translate to: "there are two councils, for now this matter as brought to the Apostolic See, whence also letters are come to pass, the case was finished") in response to the heretical Pelagianism of the time.

In the first millennium of the Roman Church, the canons of various ecumenical and local councils were supplemented with decretals of the popes; these were gathered together into collections.

Jus novum

Gratian,
the "Father of Canon Law" Graciano.jpg
Gratian,
the "Father of Canon Law"

The period of canonical history known as the Jus novum ("new law") or middle period covers the time from Gratian to the Council of Trent (mid-12th century–16th century). [24] [27]

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 summarized the whole body of canon law, to systematize it in whole or in part. [29] The first truly systematic collection was assembled by the Camaldolese monk Gratian in the 11th century, commonly known as the Decretum Gratiani ("Gratian's Decree") but originally called The Concordance of Discordant Canons [30] (Concordantia Discordantium Canonum). Before Gratian there was no "jurisprudence of canon law" (system of legal interpretation and principles). Gratian is the founder of canonical jurisprudence, which merits him the title "Father of Canon Law". [31] Gratian also had an enormous influence on the history of natural law in his transmission of the ancient doctrines of natural law to Scholasticism. [32]

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. [33] In 1234 Pope Gregory IX promulgated the first official collection of canons, called the Decretalia Gregorii Noni or Liber Extra. This was followed by the Liber Sextus (1298) of Boniface VIII, the Clementines (1317) of Clement V, the Extravagantes Joannis XXII and the Extravagantes Communes , all of which followed the same structure as the Liber Extra. All these collections, with the Decretum Gratiani , are together referred to as the Corpus Juris Canonici . After the completion of the Corpus Juris Canonici, subsequent papal legislation was published in periodic volumes called Bullaria .

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 Gregory IX, the Liber Sextus (1298) of Boniface VIII and the Clementines (1317), prepared for Clement V but published by John XXII. These were addressed to the universities by papal letters at the beginning of each collection, and these texts became textbooks for aspiring canon lawyers. In 1582 a compilation was made of the Decretum, Extra, the Sext, the Clementines and the Extravagantes (that is, the decretals of the popes from Pope John XXII to Pope Sixtus IV).

Jus novissimum

The third canonical period, known as the jus novissimum ("newest law"), stretches from the Council of Trent [27] to the promulgation of the 1917 Code of Canon Law which took legal effect in 1918. [24] The start of the jus novissimum is not universally agreed upon, however. Dr. Edward N. Peters argues that the jus novissimum actually started with the Liber Extra of Gregory IX in 1234. [34]

Jus codicis

Pietro Cardinal Gasparri, Architect of the 1917 Code of Canon Law Pietro Gasparri.jpg
Pietro Cardinal Gasparri, Architect of the 1917 Code of Canon Law

The fourth period of canonical history is that of the present day, initiated by the promulgation of the 1917 Code of Canon Law [24] on 27 May 1917. [35]

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. [22] 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." [22]

It is sometimes referred to as the jus codicis ("law of the code") or, in comparison with all law before it, the jus novum ("new law"). [24] From time to time, the Pontifical Council for Legislative Texts issues authentic interpretations regarding the code. The pope occasionally amends the text of the codes.

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 Pope Pius X to order the creation of the first Code of Canon Law, a single volume of clearly stated laws. Under the aegis of the Cardinal Pietro Gasparri, the Commission for the Codification of Canon Law was completed under Benedict XV, who promulgated the Code on 27 May 1917, [36] effective on 29 May 1918. [36] The work having been begun by Pius X, it was sometimes called the "Pio-Benedictine Code" but more often the 1917 Code to distinguish it from the later 1983 Code which replaced it. In its preparation, centuries of material was examined, scrutinized for authenticity by leading experts, and harmonized as much as possible with opposing canons and even other codes, from the Code of Justinian to the Napoleonic Code.

Johanno-Pauline law

In the succeeding decades, some parts of the 1917 Code were retouched, especially under Pope Pius XII. In 1959, Pope John XXIII announced, together with his intention to call the Second Vatican Council a Synod of the Diocese of Rome, that the 1917 Code would be completely revised. [37] [38] In 1963, the commission appointed to undertake the task decided to delay the project until the Council had been concluded. After the Second Ecumenical Council of the Vatican (Vatican II) closed in 1965, it became apparent that the Code would need to be revised in light of the documents and theology of Vatican II. When work finally began, almost two decades of study and discussion on drafts of the various sections were needed before Pope John Paul II could promulgate the revised edition, which came into force on 27 November 1983, [39] having been promulgated via the apostolic constitution Sacrae Disciplinae Leges of 25 January 1983. Containing 1752 canons, [40] it is the law currently binding on the Latin Church.

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. [41]

As the currently-in-force law for the Latin Church, it constitutes a major part of the Jus vigens (Latin: "active law").

Oriental canon law

Oriental canon law is the law of the 23 Catholic sui juris particular churches of the Eastern Catholic tradition. Oriental canon law includes both the common tradition among all Eastern Catholic Churches, now chiefly contained in the Code of Canons of the Eastern Churches , as well as to the particular law proper to each individual sui juris particular Eastern Catholic Church. Originating with the canons of particular councils and the writings of the Eastern Church Fathers, oriental canon law developed in concert with Byzantine Roman laws, leading to the compilation of nomocanons. Oriental canon law is distinguished from Latin canon law, which developed along a separate line in the remnants of the Western Roman Empire under the direct influence of the Roman Pontiff, and is now chiefly codified in the 1983 Code of Canon Law .

Nomocanons

A nomocanon (nomokanon) is a collection of ecclesiastical law, consisting of the elements from both the civil law (nomoi) and the canon law (kanones). Collections of this kind were found only in Eastern law. The Greek Church has two principal nomocanonical collections, the "Nomocanon of John Scholasticus" of the sixth century and the "Nomocanon in 14 titles", which dates from the reign of the Byzantine Emperor Heraclius (r. 610–641), made by fusion of the Collectio tripartita (collection of Justinian's imperial law) and "Canonic syntagma" (ecclesiastical canons). The latter was long held in esteem and passed into the Russian Church, but it was by degrees supplanted by the "Nomocanon of Photios" in 883. Photius compiled systematically the canons of the East and amounts to a counterpart of Gratian in the West. His 2-part collection, a chronological collection of synodal canons and his nomocanon revision with updated civil laws became a classical source of ancient canon law for the Greek Church. [42]

Code of Canons of the Eastern Churches

For Eastern Catholics two sections of Oriental canon law had already, under Pope Pius XII, been put in the form of short canons. These parts were revised as part of the application of Pope John XXIII's decision to carry out a general revision of the Church's canon law; as a result a distinct Code for members of the Eastern Catholic Churches came into effect for the first time on 1 October 1991 (Apostolic Constitution Sacri Canones of 18 October 1990). The Code of Canons of the Eastern Churches , as it is called, differs from the Latin 1983 Code of Canon Law in matters where Eastern and Latin traditions diverge, such as terminology, discipline concerning hierarchical offices and administration of the sacraments.

Jurisprudence of canon law

Portrayal of a meeting of the Roman Rota Roman Rota.jpg
Portrayal of a meeting of the Roman Rota

The institutions and practices of canon law paralleled the legal development of much of Europe, and consequently both modern civil law and common law [43] [44] bear the influences of canon law.

“[F]rom 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.” [45]

Much of the legislative style was adapted from that of Roman Law [46] especially the Justinianic Corpus Juris Civilis . [47] [48] After the 'fall' of the Roman Empire and up until the revival of Roman Law in the 11th century canon law served as the most important unifying force among the local systems in the Civil Law tradition. [49] The Catholic Church developed the inquisitorial system in the Middle Ages. [50] The canonists introduced into post-Roman Europe the concept of a higher law of ultimate justice, over and above the momentary law of the state. [51]

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. [52]

The primary canonical sources of law are the 1983 Code of Canon Law, [18] [53] the Code of Canons of the Eastern Churches, [53] and Pastor Bonus. [54] Other sources include apostolic constitutions, motibus propriis, particular law, and—with the approbation of the competent legislator—custom. A law must be promulgated for it to have legal effect. [55] A later and contrary law obrogates an earlier law.

Canonists have formulated interpretive rules of law for the magisterial (non-legislatorial) interpretation of canonical laws. An authentic interpretation is an official interpretation of a law issued by the law's legislator, and has the force of law. [56]

Philosophy, theology, and fundamental theory of canon law

Summa theologica, Pars secunda, prima pars. (copy by Peter Schoffer, 1471) SummaTheologiae.jpg
Summa theologica, Pars secunda, prima pars. (copy by Peter Schöffer, 1471)

Although canonical jurisprudential theory generally follows the principles of Aristotelian-Thomistic legal philosophy, [4] Thomas Aquinas never explicitly discusses the place of canon law in his Treatise on Law [57] However, Aquinas himself was influenced by canon law. [58] While many canonists apply the Thomistic definition of law (lex) to canon law without objection, some authors dispute the applicability of the Thomistic definition to canon law, arguing that its application would impoverish ecclesiology and corrupt the very supernatural end of canon law. [59]

In the decades following the Second Vatican Council, many canonists called for a more theological, rather than philosophical, conception of canon law, [60] acknowledging the "triple relationship between theology, philosophy, and canon law". [61] Some authors conceive of canon law as essentially theological and the discipline of canon law as a theological subdiscipline, [60] 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." [60]

The fundamental theory of canon law is a discipline covering the basis of canon law in the very nature of the church. [62] Fundamental theory is a newer discipline that takes as is object "the existence and nature of what is juridical in the Church of Jesus Christ." [63] The discipline seeks to better explain the nature of law in the church and engages in theological discussions in post-conciliar Catholicism [64] and seeks to combat "postconciliar antijuridicism". [65]

Canonistics, faculties, and institutes

The academic degrees in canon law are the J.C.B. (Juris Canonici Baccalaureatus, Bachelor of Canon Law, normally taken as a graduate degree), J.C.L. (Juris Canonici Licentiatus, Licentiate of Canon Law) and the J.C.D. (Juris Canonici Doctor, Doctor of Canon Law), and those with a J.C.L. or higher are usually called "canonists" or "canon lawyers". Because of its specialized nature, advanced degrees in civil law or theology are normal prerequisites for the study of canon law. Canon law as a field is called Canonistics.

Canon law and Church office

Under the 1983 Code of Canon Law, all seminary students are required to take courses in canon law. [66] Some ecclesiastical officials are required to have the doctorate (JCD) or at least the licentiate (JCL) in canon law in order to fulfill their functions: judicial vicars; [67] judges; [68] promoters of justice; [69] defenders of the bond; [69] canonical advocates. [70] In addition, vicars general and episcopal vicars are to be doctors, or at least licensed in canon law or theology. [71] Ordinarily, bishops are to have an advanced degree (doctorate or at least licentiate) in scripture, theology, or canon law. [72]

Faculties and institutes of canon law

NumberUniversityName of entityCityCountry
1
Catholic University of West Africa Higher Institute of Canon Law Abidjan Flag of Cote d'Ivoire.svg  Ivory Coast
2
Catholic University of Central Africa Autonomous Department of Canon Law Yaoundé Flag of Cameroon.svg  Cameroon
3
Catholic University of Congo Faculty of Canon Law Kinshasa Flag of the Democratic Republic of the Congo.svg  Democratic Republic of the Congo
4
Saint Paul University Faculty of Canon Law Ottawa Flag of Canada (Pantone).svg  Canada
5
Pontifical University of Mexico Faculty of Canon Law Mexico City Flag of Mexico.svg  Mexico
6
The Catholic University of America [73] School of Canon Law Washington, D.C. Flag of the United States.svg  USA
7
Pontifical Catholic University of Argentina Faculty of Canon Law of Saint Turibius of Mongrovejo Buenos Aires Flag of Argentina.svg  Argentina
8
Pontifical Institute of Canon Law Pontifical Higher Institute of Canon Law Rio de Janeiro Flag of Brazil.svg  Brazil
9
Pontifical Faculty of Theology of Our Lady of the Assumption Institute of Canon Law of Fr Dr. Giuseppe Benito Pegoraro São Paulo Flag of Brazil.svg  Brazil
10
Pontifical Xavierian University Faculty of Canon Law Bogotá Flag of Colombia.svg  Colombia
11
St. Peter's Pontifical Institute of Theology Centre of Canon Law Studies Bangalore Flag of India.svg  India
12
Dharmaram Vidya Kshetram Institute of Oriental Canon Law Bangalore Flag of India.svg  India
13
Sagesse High School Faculty of Canon Law Beirut Flag of Lebanon.svg  Lebanon
14
University of Santo Tomas Faculty of Canon Law Manila Flag of the Philippines.svg  Philippines
15
Katholieke Universiteit Leuven Faculty of Canon Law Leuven Flag of Belgium (civil).svg  Belgium
16
Université catholique de Louvain Faculty of Canon Law Louvain-la-Neuve Flag of Belgium (civil).svg  Belgium
17
Academy of Canon Law Brno Flag of the Czech Republic.svg  Czech Republic
18
Institut Catholique de Paris Faculty of Canon Law Paris Flag of France.svg  France
19
University of Strasbourg Institute of Canon Law Strasbourg Flag of France.svg  France
20
Catholic University of Toulouse Faculty of Canon Law Toulouse Flag of France.svg  France
21
Ludwig Maximilian University of Munich Institute of Canon Law of Klaus Mörsdorf Munich Flag of Germany.svg  Germany
22
University of Münster Faculty of Canon Law Münster Flag of Germany.svg  Germany
23
Pázmány Péter Catholic University Institute of Canon Law Budapest Flag of Hungary.svg  Hungary
24
St Patrick's College Faculty of Canon Law Maynooth Flag of Ireland.svg  Ireland
25
Pontifical Gregorian University Faculty of Canon Law Vatican City Flag of the Vatican City.svg   Vatican City
26
Pontifical Lateran University Faculty of Canon Law Vatican City Flag of the Vatican City.svg   Vatican City
27
Pontifical University of Saint Thomas Aquinas, Angelicum Faculty of Canon LawRomeFlag of Italy.svg  Italy
28
Pontifical University Antonianum Faculty of Canon Law Rome Flag of Italy.svg  Italy
29
Pontifical Urbaniana University Faculty of Canon Law Vatican City Flag of the Vatican City.svg   Vatican City
30
Salesian Pontifical University Faculty of Canon Law Rome Flag of Italy.svg  Italy
31
Pontifical Oriental Institute Faculty of Oriental Canon Law Vatican City Flag of the Vatican City.svg   Vatican City
32
Pontifical University of the Holy Cross Faculty of Canon Law Vatican City Flag of the Vatican City.svg   Vatican City
33
Studium Generale Marcianum Faculty of Canon Law of St Pius X Venice Flag of Italy.svg  Italy
34
Pontifical University of John Paul II Faculty of Canon Law Kraków Flag of Poland.svg  Poland
35
John Paul II Catholic University of Lublin Faculty of Law, Canon Law and Administration Lublin Flag of Poland.svg  Poland
36
University of Warmia and Mazury in Olsztyn Faculty of Theology Olsztyn Flag of Poland.svg  Poland
37
Cardinal Stefan Wyszyński University in Warsaw Faculty of Canon Law Warsaw Flag of Poland.svg  Poland
38
Catholic University of Portugal Higher Institute of Canon Law Lisbon Flag of Portugal.svg  Portugal
39
Comillas Pontifical University Faculty of Canon Law Madrid Flag of Spain.svg  Spain
40
Ecclesiastical University St Damasus Faculty of Canon Law Madrid Flag of Spain.svg  Spain
41
University of Navarre Faculty of Canon Law Pamplona Flag of Spain.svg  Spain
42
Pontifical University of Salamanca Faculty of Canon Law Salamanca Flag of Spain.svg  Spain
43
Valencia Catholic University Saint Vincent Martyr Faculty of Canon Law Valencia Flag of Spain.svg  Spain

Related Research Articles

Decretals are letters of a pope that formulate decisions in ecclesiastical law of the Catholic Church.

<i>Decretum Gratiani</i>

The Decretum Gratiani, also known as the Concordia discordantium canonum or Concordantia discordantium canonum or simply as the Decretum, is a collection of canon law compiled and written in the 12th century as a legal textbook by the jurist known as Gratian. It forms the first part of the collection of six legal texts, which together became known as the Corpus Juris Canonici. It was used by canonists of the Roman Catholic Church until Pentecost 1918, when a revised Code of Canon Law promulgated by Pope Benedict XV on 27 May 1917 obtained legal force.

The Corpus Juris Canonici is a collection of significant sources of the canon law of the Catholic Church that was applicable to the Latin Church. It was replaced by the 1917 Code of Canon Law which went into effect in 1918. The 1917 Code was later replaced by the 1983 Code of Canon Law, the codification of canon law currently in effect for the Latin Church. In 1990, Oriental canon law was codified in the Code of Canons of the Eastern Churches, which is currently in effect for the Eastern Catholic Churches.

The Liber Septimus may refer to one of three canonical collections of quite different value from a legal standpoint which are known by this title:

The Eastern canonical reforms of Pope Pius XII were the several reforms of Oriental canon law and the Codex Iuris Canonici Orientalis, applying mainly to the Oriental Churches united with the Latin Church in communion with the Roman Pontiff. The Holy See's policy in this area had always two objectives, the pastoral care of approximately ten million Christians united with Rome and the creation of positive ecumenical signals to the two-hundred and fifty million Orthodox Christians outside the Church of Rome.

The term Extravagantes is applied to the canon law of the Roman Catholic Church, to designate some papal decretals not contained in certain canonical collections which possess a special authority. More precisely, they are not found in Gratian's Decretum or the three official collections of the Corpus Juris Canonici.

The 1917 Code of Canon Law, also referred to as the Pio-Benedictine Code, was the first official comprehensive codification of Latin canon law. It was promulgated on 27 May 1917 and took legal effect on 19 May 1918. It was in force until the 1983 Code of Canon Law took legal effect and abrogated it on 27 November 1983. It has been described as "the greatest revolution in canon law since the time of Gratian".

The 1983 Code of Canon Law, also called the Johanno-Pauline Code, is the "fundamental body of ecclesiastical laws for the Latin Church". It is the second and current comprehensive codification of canonical legislation for the Latin Church sui iuris of the Catholic Church. It was promulgated on 25 January 1983 by John Paul II and took legal effect on the First Sunday of Advent 1983. It replaced the 1917 Code of Canon Law, promulgated by Benedict XV on 27 May 1917.

Edward Neal Peters is an American Roman Catholic canonist who serves as Referendary of the Apostolic Signatura. He is professor of canon law at the Sacred Heart Major Seminary of the Archdiocese of Detroit.

The legal history of the Catholic Church is the history of the oldest continuously functioning legal system in the West, much later than Roman law but predating the evolution of modern European civil law traditions. The history of Latin canon law can be divided into four periods: the jus antiquum, the jus novum, the jus novissimum and the Code of Canon Law. In relation to the Code, history can be divided into the jus vetus and the jus novum. Eastern canon law developed separately.

For the treatise on time written by Bede the Venerable, see The Reckoning of Time.

For the legal system of ecclesiastical canons, see Canon law and Canon law.

A decree is, in a general sense, an order or law made by a superior authority for the direction of others. In the usage of the canon law of the Catholic Church, it has various meanings. Any papal Bull, Brief, or Motu Proprio is a decree inasmuch as these documents are legislative acts of the Pope. In this sense the term is quite ancient. The Roman Congregations were formerly empowered to issue decrees in matters which come under their particular jurisdiction, but were forbidden from continuing to do so under Pope Benedict XV in 1917. Each ecclesiastical province, and also each diocese may issue decrees in their periodical synods within their sphere of authority.

Oriental canon law is the law of the 23 Catholic sui juris particular churches of the Eastern Catholic tradition. Oriental canon law includes both the common tradition among all Eastern Catholic Churches, now chiefly contained in the Code of Canons of the Eastern Churches, as well as to the particular law proper to each individual sui juris particular Eastern Catholic Church. Oriental canon law is distinguished from Latin canon law, which developed along a separate line in the remnants of the Western Roman Empire, and is now chiefly codified in the 1983 Code of Canon Law.

The jurisprudence of Catholic canon law is the complex of legal theory, traditions, and interpretative principles of Catholic canon law. In the Latin Church, the jurisprudence of canon law was founded by Gratian in the 1140s with his Decretum. In the Oriental canon law of the Eastern Catholic Churches, Photios holds a place similar to that of Gratian for the West.

Catholic canon law is the set of rules and principles (laws) by which the Catholic Church is governed, through enforcement by governmental authorities. Law is also the field which concerns the creation and administration of laws.

References

Citations

  1. Black's Law Dictionary, 5th Edition, pg. 771: "Jus canonicum"
  2. Della Rocca, Manual of Canon Law, pg. 3
  3. Berman, Harold J. Law and Revolution, pg. 86 & pg. 115
  4. 1 2 3 4 Dr. Edward N. Peters, CanonLaw.info Home Page, accessed June-11-2013
  5. Raymond Wacks, Law: A Very Short Introduction, 2nd Ed. (Oxford University Press, 2015) pg. 13.
  6. Canon 331, 1983 Code of Canon Law
  7. 1 2 Edward N. Peters, "A Catechist's Introduction to Canon Law", CanonLaw.info, accessed June-11-2013
  8. 1 2 Manual of Canon Law, pg. 49
  9. 1983 Code of Canon Law
  10. St. Joseph Foundation newsletter, Vol. 30 No. 7, pg. 3
  11. 1 2 Vere & Trueman, "Surprised by Canon Law" [volume 1], pg. 3
  12. Black's Law Dictionary, 5th Edition, pg. 187: "Canonist"
  13. Berman, Law and Revolution, pg. 288
  14. 1 2 Berman, Law and Revolution, pg. 202.
  15. Berman, Law and Revolution, pg. 253
  16. Smith, Elements of Ecclesiastical Law, Vol. I (9th ed.), pg. 9. Internet Archive, accessed 28 March 2016.
  17. Canon Law, 1911 Encyclopaedia Britannica, accessed 2 August 2019.
  18. 1 2 3 Rev. James Socias (gen. edit.), Our Moral Life in Christ. (Chicago: Midwest Theological Forum, 2003), 84.
  19. Della Rocca, Fernando, Manual of Canon Law (Milwaukee: The Bruce Publishing Company, 1959) trans. The Rev. Anselm Thatcher, O.S.B., pg. 9.
  20. Canon 832 as found in http://www.vatican.va/archive/ENG1104/__P2Q.HTM
  21. 1 2 Berman, Law and Revolution, pg. 199
  22. 1 2 3 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).
  23. Mylne, The Canon Law, pg. 22.
  24. 1 2 3 4 5 6 7 Manual of Canon Law, pg. 13, #8
  25. Blessed John Paul II, Ap. Const. Sacri Canones
  26. Vere & Trueman, Surprised by Canon Law, pg. 2.
  27. 1 2 3 Wigmore, Panorama, p. 951
  28. Manual of Canon Law, pg. 14
  29. Law and Revolution, pg. 116
  30. Law and Revolution, pg. 240
  31. Dr. Kenneth J. Pennington, Ph.D., CL701, CUA School of Canon Law, "History of Canon Law, Day 1", around 0:25:30, accessed 8-15-2014
  32. Rommen, Natural Law, pg. 38-39
  33. NYTimes.com, Neighbors and Wives book review of Nov-13-1988, accessed 27 June 2013
  34. Dr. Edward N. Peters, A suggestion for reordering the major divisions of canonical history, accessed 16 May 2013
  35. CanonLaw.info, accessed Jan-19-2013
  36. 1 2 De Meester, Compendium Tomus Primus, p. 52
  37. John XXIII, allocution Questa festiva (25 Jan. 1959), AAS 51 (1959) pp. 68-69
  38. CanonLaw.info, "Legislative History of the 1983 Code of Canon Law"; accessed June-7-2013
  39. NYTimes.com, "New Canon Law Code in Effect for Catholics", 27-Nov-1983, accessed June-25-2013
  40. Britannica "Canon Law", accessed 6-24-2013
  41. Can. 1, 1983 CIC ("The Canons of this code regard only the Latin Church.")
  42. Taylor 1990, p. 61.
  43. Rommen, Heinrich A., Natural Law, pg. 114
  44. Friedman, Lawrence M., American Law, pg. 70
  45. Studies in the Civil Law, pg. 43—citing Professor Maitland, ‘’Social England’’.
  46. The National Encyclopedia: Volume 2, p. 416
  47. NYTimes.com, "Pope to Codify Canon Law", 1-Apr-1904, accessed 25-June-2013
  48. McCormick, Anne O'Hare. Vatican Journal, pg. 44
  49. Comparative Legal Traditions, pg. 43
  50. TheFreeDictionary.com, accessed June-28-2013
  51. Wormser, The Story of the LAW, pg. 189
  52. Studies in the Civil Law, pg. 51
  53. 1 2 Dr. Edward Peters, CanonLaw.info, accessed June-9-2013
  54. Code of Canons of the Eastern Churches, Latin-English Edition, New English Translation (Canon Law Society of America, 2001), page xxv
    Cf. Pastor Bonus n. 2
  55. 1983 Code, canon 7.
  56. Catholic Encyclopedia 1913, "Words (In Canon Law)"
  57. J. Budziszewski, The Architecture of Law According to Thomas Aquinas; accessed 14 March 2016
  58. Blackfriars Summa Theologiæ Vol. 28, pg. 16 [notes by Thomas Gilby O.P. on Summa Ia-IIæ, q. 90, a. 4]
  59. Exegetical Commentary on the Code of Canon Law, Vol. I, pg. 261-262 (commentary on 1983 CIC, Book I, Title I)
  60. 1 2 3 Errázuriz, "Justice in the Church", pg. 71
  61. 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), pg. 11
  62. Errázuriz M., Fundamental Theory, 3
  63. Errázuriz M., Fundamental Theory, xvii.
  64. Errázuriz M., Fundamental Theory, 59 et seq.
  65. Errázuriz M., Fundamental Theory, 62
  66. 1983 CIC, can. 252 §3
  67. 1983 CIC, can. 1420 §4
  68. 1983 CIC, can. 1421 §3
  69. 1 2 1983 CIC, can. 1435
  70. 1983 CIC, can. 1483
  71. 1983 CIC, can. 478 §1
  72. 1983 CIC, can. 378 §1 °5
  73. The National Encyclopedia, Vol. 2, p. 416

Sources

Arranged alphabetically by author:

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  • Berman, Harold J., Law and Revolution: The Formation of the Western Legal Tradition (Cambridge, MA: Harvard University Press, 1983).
  • Benedict XVI, Pope. Address of His Holiness Benedict XVI for the Inauguration of the Judicial Year of the 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 Accessed 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., Juris Canonici et Juris Canonico-Civilis Compendium: Nova Editio ad normam Codicis Juris Canonici Tomus Primus (Brugis: Societatis Sancti Augustini, 1921).
  • 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, Dr. Edward N., translator, The 1917 or Pio-Benedictine Code of Canon Law: in English Translation with Extensive Scholarly Apparatus (Ignatius Press, 2001)
  • Peters, Dr. Edward N., JD, JCD, Ref. Sig. Ap., CanonLaw.info
  • 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   9780814610817.
  • 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).
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  • Catechism of the Catholic Church at Vatican.va
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Texts and translations of post-1917 canonical codifications

With referenced concordances

Without concordances

Historical canon law texts