Of the Old Law the Church has preserved in addition to the Decalogue some precepts closely allied to natural law, e.g. 1832. 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"). THE REVISED CODE OF CANON LAW: SOME THEOLOGICAL ISSUES THOMAS J. The only extra-Roman canons recognized were the canons of Nicasa and Sardica, the latter being joined to the former, and at times even cited as the canons of Nicaea. The science of canon law, i.e. The general idea of the future Code includes (after the preliminary section) four main divisions: persons, things (with subdivisions for the sacraments, sacred places and objects, etc. Canon Law as a Science. 3, Black's Law Dictionary, 5th Edition, pg. VI, “De justif.”, can. (12) Finally, the “De misericordia et justitia”, in three books, composed before 1121 by Algerus of Liege, a general treatise on ecclesiastical discipline, in which is foreshadowed the scholastic method of Gratian, reprinted in P.L., CLXXX. [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. For those who do not possess an advanced degree in theology or who have had no previous training in philosophy, 24 graduate credits in theology (8 courses or two semesters) are required, covering (in general) dogmatic theology, ecclesiology, sacramental theology, and moral theology. expiatory penalties; chapter iii. Can. The third canonical period, known as the ius 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. I. Law is also the field which concerns the creation and administration of laws. Later, the pontifical laws are promulgated more usually as constitutions, Apostolic Letters, the latter being classified as Bulls or Briefs, according to their external form, or even as spontaneous acts, “Motu proprio”. But while in the work of Dionysius the collection of conciliary canons remained unchanged, that of the decretals was successively increased; it continued to incorporate letters of the different popes till about the middle of the eighth century when Adrian I gave (774) the collection of Dionysius to the future Emperor Charlemagne as the canonical book of the Roman Church. ); lastly the decrees, decisions, and various acts of the Roman Congregations, jurisprudence rather than law properly so called. Their activity is exercised in its most solemn form by the ecumenical councils, where the episcopate united with its head, and convoked and presided over by him, with him defines its teaching and makes the laws that bind the whole Church. 261-262 (commentary on 1983 CIC, Book I, Title I), Errázuriz, "Justice in the Church", pg. VII. It is true that antiquity, even the Roman law, did not offer any model different from that of the various collections; that method, however, long since ceased to be useful or possible in canon law. II. The first object of the science of canon law is to fix the laws that are in force. Canon law - Canon law - The new Code of Canon Law: The second Codex Juris Canonici in history for the Catholics of the Latin rite was promulgated by Pope John Paul II on January 25, 1983, and entered into effect on November 27, 1983. Its original elements consist of the Spanish councils from Elvira (about 300) to the Seventeenth Council of Toledo in 694. There were, however, in the East, from the early days up to the end of the fifth century, certain writings, closely related to each other, and which were in reality brief canon law treatises on ecclesiastical administration, the duties of the clergy and the faithful, and especially on the liturgy. Historical roots. III. indulgentiarum” (Augsburg, 1735); Carlo Sebastiano Berardi, “Commentaria in jus canonicum universum” (Turin, 1766); also his “Institutiones” and his great work “Gratiani canones genuini ab apocryphis discreti”, (Turin, 1752); James Anthony Zallinger, a Jesuit, “Institutiones juris ecclesiastici maxime privati” (Augsburg, 1791), not so well known as his “Institutionum juris naturalis et ecclesiastici publici libri quinque” (Augsburg, 1784). 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. [55] Other sources include apostolic constitutions, motibus propriis, particular law, and—with the approbation of the competent legislator—custom. There are also canonists who have written at considerable length either on the whole canon law, or on special parts of it, in their own particular manner; it is difficult to give a complete list, but we will mention: Agostino Barbosa (d. 1639), whose works fill at least 30 volumes; Cardinal J. C. Canonical Collections to the Time of Gratian.—The Latin Church was meanwhile moving towards closer unity; the local character of canonical discipline and laws gradually disappears, and the authors of canonical collections exhibit a more personal note, i.e. (8) The collection of Cardinal Gregory, called by him “Polycarpus“, in eight books, written before 1120, yet unedited. 316 §1. In this category it comes after theology, which studies and explains in accordance with revelation, the truths to be believed; it is supported by theology, but in its turn it formulates the practical rules toward which theology tends, and so it has been called “theologia practica”, “theologia rectrix”. 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. In their lectures, (Lat. 844 §1. [60], In the decades following the Second Vatican Council, many canonists called for a more theological, rather than philosophical, conception of canon law,[61] acknowledging the "triple relationship between theology, philosophy, and canon law". With regard to acts, the law obliges the individual either to perform or to omit certain acts; hence the distinction into “affirmative or preceptive” laws and “negative or prohibitory” laws; at times it is forced to allow certain things to be done, and we have “permissive” laws, or laws of forbearance; finally, the law in addition to forbidding a given act may render it, if performed, null and void; these are “irritant” laws. The name “canonical collections” is given to all collections of ecclesiastical legislative texts, because the principal texts were the canons of the councils. The academic degrees in canon law are the J.C.B. ); in the nineteenth century we must mention the different writings of Dominique Bouix, 15 volumes, Paris, 1852 sq. outside of, or extraneous to, the official collections. Canon law may be divided into various branches, according to the points of view from which it is considered: (I) If we consider its sources, it comprises Divine law, including natural law, based on the nature of things and on the constitution given by Jesus Christ to His Church; and human or positive law, formulated by the legislator, in conformity with the Divine law. These penalties may be settled beforehand by the legislator, or they may be left to the discretion of the judge who imposes them. It means not knowing that canon law lies behind many things that we as Catholics take for granted. Several Roman Congregations have also had their acts collected in official publications; but these are rather erudite compilations or repertories. The “Decretals” of Gregory IX, though composed in great part of specific decisions, represented in fact a more advanced state of law; furthermore, the collection was sufficiently extensive to touch almost every matter, and could serve as a basis for a complete course of instruction. A violation of the moral law or what one’s conscience judges to be the moral law is a sin; a violation of the exterior penal law, in addition to the sin, renders one liable to a punishment or penalty; if the will of the legislator is only to oblige the offender to submit to the penalty, the law is said to be “purely penal”; such are some of the laws adopted by civil legislatures, and it is generally admitted that some ecclesiastical laws are of this kind. The word adopted is here used to point out the fact that there are certain elements in canon law borrowed by the Church from civil law or from the writings of private individuals, who as such had no authority in ecclesiastical society. Though the popes, doubtless, intended only to give the professors at Bologna correct and authentic texts, they nevertheless acted officially; these collections, however, are but supplements to Gratian. It is impossible to say what modifications and reforms will be made in the ancient law; we can, however, expect from this great work, to the immensity of which (amplitudo et moles) Pius X makes allusion, the best results for the study and practice of ecclesiastical law. (Iuris Canonici Doctor, Doctor of Canon Law), and those with a J.C.L. (11) The unedited Spanish collection of Saragossa (Caesar-augustana) is based on these works of Ives of Chartres. At first the authors of these collections contented themselves with bringing together the canons of the different councils in chronological order; consequently these are called “chronological” collections; in the West, the last important chronological collection is that of Pseudo-Isidore. Canon Law studies are concerned with the organisation of the Church they do not directly concern dogma nor theology as such. It was absorbed in the large and important collection of the Visigothic Church. However his plan was defective and confusing, and, after the day of the glosses and the strictly literal commentaries, it was abandoned in favor of the method adopted by Bernard of Pavia in his “Breviarium” and by St. Raymund of Pennafort in the official collection of the “Decretals” of Gregory IX, promulgated in 1234 (see Corpus Juris Canonici). From this we may learn the position of canon law in the hierarchy of sciences. 1.”De nevi op. The actual subject material of the canons is not just doctrinal or moral in nature, but all-encompassing of the human condition. All the ancient collections are private, due to personal initiative, and have, therefore, as collections, no official authority: each text has only its own intrinsic value; even the “Decretum” of Gratian is of this nature. Canon 1398 is a rule of canon law of the Catholic Church which declares that "a person who procures a completed abortion incurs a latae sententiae (automatic) excommunication." We may cite in Italy those of G. C. Ferrari (1847); Vecchiotti (Turin, 1867); De Camillis, (Rome, 1869); Sebastiano Sanguinetti, S.J. Ecclesiastical positive law is the positive law that emanates from the legislative power of the Catholic Church in its effort to govern its members in accordance with the Gospel of Jesus Christ. [71] In addition, vicars general and episcopal vicars are to be doctors, or at least licensed in canon law or theology. It is well known that diocesan statutes are not referred to the sovereign pontiff, whereas the decrees of provincial councils are submitted for examination and approval to the Holy See (Const.”Immensa” of Sixtus V, January 22, 1587). (3) The voluminous compilation, in twenty books, of Burchard, Bishop of Worms, compiled between 1012 and 1022, entitled the “Collectarium“, also “Decretum”, a manual for the use of ecclesiastics in their ministry; the nineteenth book, “Corrector” or “Medicus”, treats of the administration of the Sacrament of Penance, and was often current as a distinct work. In the first place, the legislative authority makes laws only when circumstances require them and in accordance with a definite plan. Laws in general, and irritant laws in particular, are not retroactive, unless such is expressly declared by the legislator to be the case. (Mainz, 1717); Vitus Pichler, a Jesuit, the successor of Schmalzgrueber, “Summa jurisprudentiae sacrae” (Augsburg, 1723); Eusebius Amort, a Canon Regular, “Elementa juris canonici veteris et moderni” (Ulm, 1757); Amort wrote also among other works of a very personal character, “De origine, progressu. Almost all the Western collections, therefore, are based on the same texts as the Greek collection, hence the marked influence of that collection on Western canon law. 1) a law is a reasonable ordinance for the common good, promulgated by the head of the community. Canon law is where theology/faith hits the road. The common law, therefore, is that which is to be observed with regard to a certain matter, unless the legislator has foreseen or granted exceptions; for instance, the laws regulating benefices contain special provisions for benefices subject to the right of patronage. (For an account of this collection see Corpus Juris Canonici; Ecclesiastical Canons.) The Canonical Collections in the West to Pseudo-Isidore.—In the West canonical collections developed as in the East, but about two centuries later. Hergenroether (Freiburg-im-B., 1888); J. Hollweck (Freiburg-im-B., 1905); J. Laurentius (Freiburg-im-B., 1903); D. M. Prummer, 1907; J. certain matrimonial impediments; as to the other laws given by God to His chosen people, it considers them to have been ritual and declares them abrogated by Jesus Christ. The plan of the “Institutiones”, in imitation of Lancelotti (Perugia, 1563), has been followed by very many canonists, among whom the principal are: the learned Antonio Agustin, Archbishop of Tarragona, “Epitome juris pontificii veteris” (Tarragona, 1587); his “De emendation Gratiani dialogorum libri duo” (Tarragona, 1587), is worthy of mention; Claude Fleury, “Institution au droit ecclesiastique” (Paris, 1676); Zeger Bernard van Espen, “Jus ecclesiasticum universum” (Cologne, 1748); the Benedictine Dominic Schram, “Institutiones juris ecclesiastici” (Augsburg, 1774); Vincenzo Lupoli, “Juris ecclesiastici praelectiones” (Naples, 1777); Giovanni Devoti, titular Archbishop of Carthage, “Institutionum canonicarum libri quatuor” (Rome, 1785); his “Commentary on the Decretals” has only the first three books (Rome, 1803); Cardinal Soglia, “Institutiones juris private et publici ecclesiastici” (Paris, 1859) and “Institutiones juris publici”, (Loreto, 1843); D. Craisson, Vicar-General of Valence, “Manuale compendium totius juris canonici” (Poitiers, 1861). 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 the particular law proper to each individual sui iuris particular Eastern Catholic Church. jur. Occasionally a canon law issue comes directly into our personal world, … Only Pope Francis can change the Code of Canon Law, so if you're not happy with what the law says, please take it … It will suffice to mention the two “systematic” collections of Fulgentius Ferrandus and Cresconius (q.v.). In as far as it is practical the science of canon law is closely related to moral theology; however, it differs from the latter which is not directly concerned with the acts prescribed or forbidden by the external law, but only with the rectitude of human acts in the light of the last end of man, whereas, canon law treats of the external laws relating to the good order of society rather than the workings of the individual conscience. However, in proportion as the written canon law increased, Roman law became of less practical value in the Church (cap. The school forms a community of men and women with the vocation of serving the Church – both practitioners of the law in teaching and advising, and men and women acquiring both theoretical knowledge and practical experience of the law. As the later law of the separated Eastern Churches did not influence the Western collections, we need not treat of it, but go on to consider only the Greek collection. Before Gratian there was no "jurisprudence of canon law" (system of legal interpretation and principles). It comprises two parts: the councils and the decretals; the councils are arranged in four sections: the East, Africa, Gaul, Spain, and chronological order is observed in each section; the decretals, 104 in number, range from Pope St. Damasus to St. Gregory (366-604). The School of Bologna had just revived the study of Roman law; Gratian sought to inaugurate a similar study of canon law. 771: "Ius canonicum", Vere & Trueman, "Surprised by Canon Law" [volume 1], pg. [72] Ordinarily, bishops are to have an advanced degree (doctorate or at least licentiate) in scripture, theology, or canon law. Gratian is the founder of canonical jurisprudence, which merits him the title "Father of Canon Law". Furthermore, he is, so to say, the living law, for he is considered as having all law in the treasury of his heart (“in scrinio pectoris”; Boniface VIII, c. i, “De Constit.”, in VI °). This order will also be followed in the redaction of the forthcoming code. [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. But the canonical movement, so active after Gratian’s time, has ceased forever. in VI °). Among repertoires and dictionaries, it will suffice to cite the “Prompta Bibliotheca” of the Franciscan Ludovico Ferraris (Bologna, 1746); the “Dictionnaire de droit canonique” of Durand de Maillane (Avignon, 1761), continued later by Abbe Andre (Paris, 1847) etc. The pope wished to collect in a more uniform and convenient manner the decretals scattered through so many different compilations; he entrusted this synopsis to his chaplain Raymund of Pennafort, and in 1234 sent it officially to the universities of Bologna and Paris. 1394 §1. A law is thus distinguished from a counsel, which is optional not obligatory; from a precept, which is imposed not on the community but on individual members; and from a regulation or direction, which refers to accessory matters. Suzzallo, Henry, Ph.D., Sc.D., LL.D., Editor in Chief, This page was last edited on 5 December 2020, at 15:02. Historical Development of Texts and Collections. lectures, readings) they treated of the conclusions to be drawn from each part and solved the problems (quaestiones) arising therefrom. The role of the legislator does not end with the promulgation of the law; it is his office to explain and interpret it (declaratio, interpretatio legis). It may be noted too that the study of civil law is now frequently separated from that of canon law, a result of the changes that have come over society. Growing up Catholic, on the other hand, means growing up with almost no appreciation of how extensively canon law, the internal legal system of the Catholic Church, affects our daily life of faith. Like the preceding codification, it applies to Roman Catholics of the Latin Church.[41]. A. Canonical Collections in the East.—Until the Church began to enjoy peace, the written canon law was very meagre; after making full allowance for the documents that must have perished, we can discover only a fragmentary law, made as circumstances demanded, and devoid of all system. A major excommunication can be imposed on an Eastern Catholic who procures an … In the sixteenth century too, the study of canon law was developed and improved like that of other sciences, by the critical spirit of the age: doubtful texts were rejected and the raison d’etre and tendency or intention of later laws traced back to the customs of former days. penal remedies and penances; title … SOURCES OF CANON LAW.—This expression has a twofold meaning; it may refer to the sources from which the laws come and which give the latter their judicial force (fontes juris essendi); or it may refer to the sources where canon law is to be found (fontes juris cognoscendi), i. e. the laws themselves such as they occur in the texts and various codes. known in the terminology of Canon Law as the vacatio legis. We have now to consider all these laws in their common abstract element, in other words Ecclesiastical Law, its characteristics and its practice. The Supreme Legislator is. The canon law of the Catholic Church (Latin: ius 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. Positive Divine law cannot contradict natural law; it rather confirms it and renders it more definite. ; the “Kirchenrecht” of J. F. Schulte, 1856 and of Rudolf v. Scherer, 1886; and above all the great work of Franz Xavier Wernz, General of the Society of Jesus, “Jus decretalium” (Rome, 1898 sq.). The term "canon law" (ius canonicum) was only regularly used from the twelfth century onwards. This was an important step towards the centralization and unification of the ecclesiastical law, especially as the Latin Catholic world hardly extended beyond the limits of the empire, Africa and the south of Spain having been lost to the Church through the victories of Islam. the impediment of marriage arising from adoption. It is true that the work is very rich in texts and there is hardly a canon of any importance contained in the earlier collections (including the decisions of the Lateran Council of 1139 and recent papal decretals) that Gratian has not utilized. On the other hand, official or authentic collections are those that have been made or at least promulgated by the legislator. The object therefore of ecclesiastical law is all that is necessary or useful in order that the society may, attain its end, whether there be question of its organization, its working, or the acts of its individual members; it extends also to temporal things, but only indirectly. It is in a different sense that Roman law, Germanic law, and in a lesser degree modern law, have become a subsidiary source of canon law. The special object of the first collections of the decretals was to help settle the law, which the canonists of Bologna were trying to systematize; that is why they contain so many specific decisions, from which the authors gathered general principles; when these had been ascertained the specific decisions were of no use except for jurisprudence; and in fact the “Sextus”, the “Clementine”, and the other collections contain texts only when they are the statement of a general law. The study of canon law mainly consists of the study of the Code of Canon Law. (5) Considered from the point of view of its expression, canon law may be divided into several branches, so closely allied, that the terms used to designate them are often employed almost indifferently: common law and special law; universal law and particular law; general law and singular law (jus commune et speciale; jus universale et particulare; jus generate et singulare). This exceptional law is often referred to as a privilege (privilegium, lex vrivata), though the expression is applied more usually to concessions made to an individual. Further it is the disciplinary decisions of the bishops of the various regions that form the first nucleus of local canon law; these texts, spreading gradually from one country to another by means of the collections, obtain universal dissemination and in this way are the basis of general canon law. Catholic parents also have the duty and right of choosing those means and institutions through which they can provide more suitably for the Catholic education of their children, according to local circumstances. Although Latin is the language of the Latin Church and not of the Eastern Churches, Latin was chosen as the language of the common law because there is no common language in use among all the Eastern Catholic Churches. The work was again undertaken by Boniface VIII, who had prepared and published an official collection to complete the five existing books; this was known as the “Sextus” (Liber Sextus). The sources of law later than the “Corpus Juris” are the decisions of councils, especially of the Council of Trent (1545-1563), which are so varied and important that by themselves they form a short code, though without much order; the constitutions of the popes, numerous but hitherto not officially collected, except the “Bullarium” of Benedict XIV (1747); the Rules of the Apostolic Chancery (q.v. Dr. Kenneth J. Pennington, Ph.D., CL701, CUA School of Canon Law, Can. The Catholic University of America is home to the only school of canon law in the United States. Welcome to the School of Canon Law at The Catholic University of America – the only Ecclesiastical Faculty of Canon Law in the United States. 7, https://www.vatican.va/archive/ENG1104/__P2Q.HTM, A COMMENTARY ON THE NEW CODE OF CANON LAW, A suggestion for reordering the major divisions of canonical history, "Legislative History of the 1983 Code of Canon Law", New Canon Law Code in Effect for Catholics, The Architecture of Law According to Thomas Aquinas, https://w2.vatican.va/content/benedict-xvi/en/speeches/2012/january/documents/hf_ben-xvi_spe_20120121_rota-romana.html, Codex canonum ecclesiarum orientalium (1990), "Code of canons of Oriental Churchs" (1990), International Alliance of Catholic Knights, https://en.wikipedia.org/w/index.php?title=Canon_law_of_the_Catholic_Church&oldid=992488407, Wikipedia articles incorporating a citation from the 1911 Encyclopaedia Britannica with Wikisource reference, Articles with unsourced statements from March 2016, Articles with Latin-language sources (la), Articles with French-language sources (fr), Creative Commons Attribution-ShareAlike License, Faculty of Canon Law of Saint Turibius of Mongrovejo, Institute of Canon Law of Fr Dr. Giuseppe Benito Pegoraro, Faculty of Law, Canon Law and Administration. 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Options does Domuni University offer in canon law presupposes a theological foundation Pope IX. ] in 1234 Bouix, 15 volumes, Paris, 1852 sq seminaries, it must promulgated., which though of secular origin, concerned ecclesiastical things, e.g, real contracts between the “.

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