Canon Law of The Catholic Church - Wikipedia

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Canon law of the Catholic Church


The canon law of the Catholic Church (Latin for "canon law": 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.[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 Eastern Catholic
canon law govern the 23 Eastern Catholic particular churches sui iuris.

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.

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 legal system and as true law.

Contents
Definitions
Etymology of "canon"
Sources of canon law
Legal history and codification
Ius antiquum
Ius novum
Ius novissimum
Ius codicis
Pio-Benedictine law
Johanno-Pauline law
Eastern Catholic canon law
Nomocanons
Code of Canons of the Eastern Churches
Jurisprudence of canon law

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Philosophy, theology, and fundamental theory of Catholic canon law


Canonistics, faculties, and institutes
Canon law and Church office
Faculties and institutes of canon law
Related terms
References
Citations
Sources
External links
Texts and translations of post-1917 canonical codifications
Historical canon law texts
Catholic canon law societies

Definitions
The term "canon law" (ius canonicum) was only regularly used from the twelfth century onwards.[14] The
term ius 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 iuris canonici was
used to denote canon law as legal system beginning in the thirteenth century.[15]

Other terms sometimes used synonymously with ius canonicum include ius sacrum, ius ecclesiasticum,
ius divinum, and ius 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 its effort 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]

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 iuris 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]
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Legal history and codification


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 ius antiquum, the ius novum, the ius
novissimum and the Codex Iuris Canonici.[24] 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).[24]

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 Codex Canonum
Ecclesiarum Orientalium promulgated in 1990 by Pope John Paul II.[25]

St. Raymond of Penyafort (1175–1275), 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.

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).[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
Image of pages from the Decretum of Burchard of with at least the acknowledgement of the Bishop of
Worms, the 11th-century book of canon law. 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.

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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).[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 summarize 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 Gratian,

"jurisprudence of canon law" (system of legal interpretation and the "Father of Canon Law"
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 Iuris Canonici. After the completion of the Corpus Iuris 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).

Ius novissimum

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.[24] The start
of the ius novissimum is not universally agreed upon, however. Dr. Edward N. Peters argues that the ius
novissimum actually started with the Liber Extra of Gregory IX in 1234.[34]

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[24] on 27 May 1917.[35]

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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 ius codicis ("law of the code") or, in


comparison with all law before it, the ius 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.
Cardinal Pietro Gasparri,
architect of the 1917 Code of
Pio-Benedictine law Canon 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, 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 Ius vigens (Latin:
"active law").

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Eastern Catholic canon law

Eastern Catholic canon law is the law of the 23 Catholic sui iuris 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 the particular
law proper to each individual sui iuris 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 which amount 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 Eastern Catholic 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


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][45] 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.[46]

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Much of the legislative style was adapted from that of Roman


Law[47] especially the Justinianic Corpus Iuris Civilis.[48][49] 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.[50] The Catholic Church developed the inquisitorial
system in the Middle Ages.[51] 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.[52]

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 Portrayal of a meeting of the Roman
admitted that such a presumption cannot be found in Rota
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.[53]

The primary canonical sources of law are the 1983 Code of Canon Law,[18][54] the Code of Canons of the
Eastern Churches,[54] and Pastor Bonus.[55] 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.[56] 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.[57]

Philosophy, theology, and fundamental theory of Catholic


canon law
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[58] However, Aquinas himself was influenced by canon law.[59] 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.[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".[62] Some authors conceive of canon law as essentially theological
and the discipline of canon law as a theological subdiscipline,[61] but Msgr. Carlos José Errázuriz

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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."[61]

The fundamental theory of canon law is a discipline covering the


basis of canon law in the very nature of the church.[63]
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."[64] The discipline seeks to better explain the nature of law
in the church and engages in theological discussions in post-
conciliar Catholicism[65] and seeks to combat "postconciliar
antijuridicism".[66]

Canonistics, faculties, and institutes


Summa theologica, Pars secunda,
The academic degrees in canon law are the J.C.B. (Iuris Canonici prima pars. (copy by Peter Schöffer,
Baccalaureatus, Bachelor of Canon Law, normally taken as a 1471)
graduate degree), J.C.L. (Iuris Canonici Licentiatus, Licentiate of
Canon Law) and the J.C.D. (Iuris 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.[67]
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;[68] judges;[69] promoters of justice;[70]
defenders of the bond;[70] canonical advocates.[71] In addition, vicars general and episcopal vicars are to
be doctors, or at least licensed in canon law or theology.[72] Ordinarily, bishops are to have an advanced
degree (doctorate or at least licentiate) in scripture, theology, or canon law.[73]

Faculties and institutes of canon law

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Number University Name of entity City Country

1 Catholic University of West Africa Higher Institute of Canon Law Abidjan  Ivory Coast

Catholic University of Central Autonomous Department of  Cameroon


2 Yaoundé
Africa Canon Law
 Democratic
3 Catholic University of Congo Faculty of Canon Law Kinshasa Republic of the
Congo
4 Saint Paul University Faculty of Canon Law Ottawa  Canada

5 Pontifical University of Mexico Faculty of Canon Law Mexico City  Mexico

The Catholic University of Washington,


6 School of Canon Law  USA
America[74] D.C.

Pontifical Catholic University of Faculty of Canon Law of Saint Buenos  Argentina


7
Argentina Turibius of Mongrovejo Aires
Pontifical Higher Institute of Rio de  Brazil
8 Pontifical Institute of Canon Law
Canon Law Janeiro
Pontifical Faculty of Theology of Institute of Canon Law of Fr Dr.  Brazil
9 São Paulo
Our Lady of the Assumption Giuseppe Benito Pegoraro

10 Pontifical Xavierian University Faculty of Canon Law Bogotá  Colombia

St. Peter's Pontifical Institute of  India


11 Centre of Canon Law Studies Bangalore
Theology

12 Dharmaram Vidya Kshetram Institute of Oriental Canon Law Bangalore  India

13 Sagesse High School Faculty of Canon Law Beirut  Lebanon

Pontifical and Royal University of


14 Faculty of Canon Law Manila  Philippines
Santo Tomas

15 Katholieke Universiteit Leuven Faculty of Canon Law Leuven  Belgium

Louvain-la-  Belgium
16 Université catholique de Louvain Faculty of Canon Law
Neuve
 Czech
17 Academy of Canon Law Brno
Republic

18 Institut Catholique de Paris Faculty of Canon Law Paris  France

19 University of Strasbourg Institute of Canon Law Strasbourg  France

20 Catholic University of Toulouse Faculty of Canon Law Toulouse  France

Ludwig Maximilian University of Institute of Canon Law of Klaus  Germany


21 Munich
Munich Mörsdorf

22 University of Münster Faculty of Canon Law Münster  Germany

Pázmány Péter Catholic


23 Institute of Canon Law Budapest  Hungary
University
24 St Patrick's College Faculty of Canon Law Maynooth  Ireland

25 Pontifical Gregorian University Faculty of Canon Law Vatican City   Vatican City

26 Pontifical Lateran University Faculty of Canon Law Vatican City   Vatican City

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Number University Name of entity City Country


Pontifical University of Saint  Italy
27 Faculty of Canon Law Rome
Thomas Aquinas (Angelicum)

28 Pontifical University Antonianum Faculty of Canon Law Rome  Italy

29 Pontifical Urbaniana University Faculty of Canon Law Vatican City   Vatican City

30 Salesian Pontifical University Faculty of Canon Law Rome  Italy

31 Pontifical Oriental Institute Faculty of Oriental Canon Law Vatican City   Vatican City

Pontifical University of the Holy   Vatican City


32 Faculty of Canon Law Vatican City
Cross
Faculty of Canon Law of St Pius  Italy
33 Studium Generale Marcianum Venice
X
Pontifical University of John Paul  Poland
34 Faculty of Canon Law Kraków
II
John Paul II Catholic University of Faculty of Law, Canon Law and  Poland
35 Lublin
Lublin Administration
University of Warmia and Mazury  Poland
36 Faculty of Theology Olsztyn
in Olsztyn
Cardinal Stefan Wyszyński  Poland
37 Faculty of Canon Law Warsaw
University in Warsaw

38 Catholic University of Portugal Higher Institute of Canon Law Lisbon  Portugal

39 Comillas Pontifical University Faculty of Canon Law Madrid  Spain

Ecclesiastical University St  Spain


40 Faculty of Canon Law Madrid
Damasus

41 University of Navarre Faculty of Canon Law Pamplona  Spain

42 Pontifical University of Salamanca Faculty of Canon Law Salamanca  Spain

Valencia Catholic University Saint  Spain


43 Faculty of Canon Law Valencia
Vincent Martyr

Related terms
Apostolic Administrator
Apostolic vicariate
Benefice
Bishop (Catholic Church)
Canon Episcopi
Canonical Acts
Canonical admonitions
Catholic Church hierarchy
Confirmation of bishops
Consanguinity
Devil's advocate
Ecclesiastical court
Epiclesis
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Oratory
Particular church
Prefecture
Prelate
Privilege (canon law)
Rector
Religious law
Roman Catholic (term)
Secular clergy
Sede vacante
Simony
Team of priests in solidum
Territorial abbot

References

Citations
1.Black's Law Dictionary, 5th Edition, pg. 771: "Ius canonicum"
2.Della Rocca, Manual of Canon Law, pg. 3
3.Berman, Harold J. Law and Revolution, pg. 86 & pg. 115
4.Dr. Edward N. Peters, CanonLaw.info Home Page (http://canonlaw.info), accessed June-11-2013
5.Raymond Wacks, Law: A Very Short Introduction, 2nd Ed. (Oxford University Press, 2015) pg. 13.
6.Canon 331 (https://www.vatican.va/archive/ENG1104/__P16.HTM), 1983 Code of Canon Law
7.Edward N. Peters, "A Catechist's Introduction to Canon Law" (http://www.canonlaw.info/a_catechisti
ntro.htm), CanonLaw.info, accessed June-11-2013
8. Manual of Canon Law, pg. 49
9. "Code of Canon Law: text - IntraText CT" (http://www.intratext.com/IXT/ENG0017/_P2.HTM).
www.intratext.com. Retrieved 2020-10-24.
10. St. Joseph Foundation newsletter, Vol. 30 No. 7 (https://stjosephcanonlaw.com/sites/default/files/ne
wsletter-preview-pdfs/christifidelis30.7.pdf), pg. 3
11. Vere & Trueman, Surprised by Canon Law [volume 1], 2004, pg. 3
12. Black's Law Dictionary, 5th Edition, pg. 187: "Canonist"
13. Berman, Law and Revolution, pg. 288
14. 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 (https://archive.org/stream/elementsofe
ccles01smituoft#page/9/mode/1up). Internet Archive, accessed 28 March 2016.
17. Phillimore, Walter George Frank (1911). "Canon Law"  (https://en.wikisource.org/wiki/1911_Encyclo
p%C3%A6dia_Britannica/Canon_Law). In Chisholm, Hugh (ed.). Encyclopædia Britannica. 5
(11th ed.). Cambridge University Press. p. 193.
18. 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.

https://en.wikipedia.org/wiki/Canon_law_of_the_Catholic_Church 11/16
6/16/2021 Canon law of the Catholic Church - Wikipedia

20. Canon 832 as found in https://www.vatican.va/archive/ENG1104/__P2Q.HTM


21. Berman, Law and Revolution, pg. 199
22. A COMMENTARY ON THE NEW CODE OF CANON LAW (https://archive.org/stream/1917CodeOf
CanonLawCommentary/1917CodeOfCanonLawCommentary_djvu.txt) 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. Manual of Canon Law, pg. 13, #8
25. Saint John Paul II, Ap. Const.Sacri Canones (https://archive.org/stream/ApostolicConstitutionSacriC
anonesJohnPaulIi1990/Sacri_Canones_Apostolic_Constitution_John_Paul_II_1990#page/n7/mode/
2up)
26. Vere & Trueman, Surprised by Canon Law, pg. 2.
27. 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" (https://www.youtube.com/watch?v=EVwHMzCUx4k&index=27&list=PLIyjmpcCSGmbeqoESo25
a9Rg6YH0BQVnc), around 0:25:30, accessed 8-15-2014
32. Rommen, Natural Law, pg. 38-39
33. NYTimes.com, Neighbors and Wives book review (https://www.nytimes.com/1988/11/13/books/neig
hbors-and-wives.html) of Nov-13-1988, accessed 27 June 2013
34. Dr. Edward N. Peters, A suggestion for reordering the major divisions of canonical history (http://ww
w.canonlaw.info/ten_drhistory.htm), accessed 16 May 2013
35. CanonLaw.info (http://canonlaw.info/masterpage1917.htm), accessed Jan-19-2013
36. 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" (http://canonlaw.info/canonlaw
_LegisHistory.htm); accessed June-7-2013
39. NYTimes.com, "New Canon Law Code in Effect for Catholics (https://www.nytimes.com/1983/11/27/
us/new-canon-law-code-in-effect-for-catholics.html)", 27-Nov-1983, accessed June-25-2013
40. Britannica "Canon Law" (http://www.britannica.com/EBchecked/topic/92870/canon-law/67236/The-n
ew-Code-of-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. Epstein et al., Contracts: Making and Doing Deals, 3rd Ed., pg. 13.
46. Studies in the Civil Law, pg. 43—citing Professor Maitland, ‘’Social England’’.
47. The National Encyclopedia: Volume 2, p. 416
48. NYTimes.com, "Pope to Codify Canon Law" (https://timesmachine.nytimes.com/timesmachine/190
4/04/01/100467751.pdf), 1-Apr-1904, accessed 25-June-2013
49. McCormick, Anne O'Hare. Vatican Journal, pg. 44
50. Comparative Legal Traditions, pg. 43
51. TheFreeDictionary.com (http://legal-dictionary.thefreedictionary.com/Inquisitorial+System), accessed
June-28-2013
52. Wormser, The Story of the LAW, pg. 189
https://en.wikipedia.org/wiki/Canon_law_of_the_Catholic_Church 12/16
6/16/2021 Canon law of the Catholic Church - Wikipedia

53. Studies in the Civil Law, pg. 51


54. Dr. Edward Peters, CanonLaw.info (http://www.canonlaw.info/masterpageEastern.htm), accessed
June-9-2013
55. 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


56. 1983 Code, canon 7.
57. Catholic Encyclopedia 1913, "Words (In Canon Law)"
58. J. Budziszewski, The Architecture of Law According to Thomas Aquinas (http://www.undergroundth
omist.org/the-architecture-of-law-according-to-thomas-aquinas); accessed 14 March 2016
59. Blackfriars Summa Theologiæ Vol. 28, pg. 16 [notes by Thomas Gilby O.P. on Summa Ia-IIæ, q. 90,
a. 4]
60. Exegetical Commentary on the Code of Canon Law, Vol. I, pg. 261-262 (commentary on 1983 CIC,
Book I, Title I)
61. Errázuriz, "Justice in the Church", pg. 71
62. 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
63. Errázuriz M., Fundamental Theory, 3
64. Errázuriz M., Fundamental Theory, xvii.
65. Errázuriz M., Fundamental Theory, 59 et seq.
66. Errázuriz M., Fundamental Theory, 62
67. 1983 CIC, can. 252 §3
68. 1983 CIC, can. 1420 §4
69. 1983 CIC, can. 1421 §3
70. 1983 CIC, can. 1435
71. 1983 CIC, can. 1483
72. 1983 CIC, can. 478 §1
73. 1983 CIC, can. 378 §1 °5
74. The National Encyclopedia, Vol. 2, p. 416

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).
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

https://en.wikipedia.org/wiki/Canon_law_of_the_Catholic_Church 13/16
6/16/2021 Canon law of the Catholic Church - Wikipedia

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 9780314272386
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 (http://www.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).
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 (https://www.vatican.va/archive/ENG0015/_INDEX.HTM) at
Vatican.va
1983 Code of Canon Law (1983 CIC) (https://web.archive.org/web/20080220062727/https://www.va
tican.va/archive/ENG1104/_INDEX.HTM) at Vatican.va. Publication details: Latin-English Edition,
New English Translation; Prepared under the auspices of the Canon Law Society of America,
Washington, DC 20064.

https://en.wikipedia.org/wiki/Canon_law_of_the_Catholic_Church 14/16
6/16/2021 Canon law of the Catholic Church - Wikipedia

External links
Sacrea Disciplinae Leges (https://web.archive.org/web/20070228185158/https://www.vatican.va/hol
y_father/john_paul_ii/apost_constitutions/documents/hf_jp-ii_apc_25011983_sacrae-disciplinae-leg
es_en.html) (Document establishing the 1983 Code of Canon Law)
Norms of current canon law (http://www.iuscangreg.it/diritto_universale.php?lang=EN) (Table of
canonical norms which are currently in force)
Canon Law Wiki (http://www.ahereford.org/canonlaw) (Notes, Commentary, Discussion, Papers &
Bibliography on Canon Law)
Canon Law Faculties and Institutes (https://www.iuscangreg.it/facolta.php?lang=EN), Pontificia
Università Gregoriana Facoltà di Diritto Canonico

Texts and translations of post-1917 canonical codifications

With referenced concordances

Codex Iuris Canonici (1983) (http://www.intratext.com/X/LAT0010.HTM) (in Latin)


Code of Canon Law (1983) (https://web.archive.org/web/20080220062727/https://www.vatican.va/ar
chive/ENG1104/_INDEX.HTM) (Translation by Canon Law Society of America – via vatican.va. Includes
1998 modification of canons 750 and 1371.)
Code of Canon Law (1983) (http://www.intratext.com/IXT/ENG0017/_INDEX.HTM) (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) (http://www.intratext.com/X/LAT0758.HTM) (in
Latin)
"Code of canons of Oriental Churchs" (1990) (http://www.intratext.com/X/ENG1199.HTM)
(Translation by Canon Law Society of America)
Codex Iuris Canonici (1917) (http://www.intratext.com/X/LAT0813.HTM) (in Latin) (Abrogated by 1983
Code of Canon Law)

Without concordances

Code de 1917 (http://catho.org/9.php?d=fn) (in French) (Abrogated by 1983 Code of Canon Law)
1983 Code of Canon Law (http://www.jgray.org/codes/cic83eng_annotated.html) (English, updated
with post-promulgation legislative revisions.)
1983 Codex Iuris Canonici (http://www.jgray.org/codes/cic83lat_annotated.html) (Latin, updated with
post-promulgation legislative revisions.)

Historical canon law texts


The Medieval Canon Law Virtual Library (http://web.colby.edu/canonlaw/)
Pseudo-Isidore: An Edition-in-Progress of the False Decretals (https://pseudo-isidore.com/)
Decretum Gratiani (http://www.columbia.edu/cu/lweb/digital/collections/cul/texts/ldpd_6029936_001/
index.html) (Friedbourg edition)
Corpus Iuris Canonici (1582) (http://digital.library.ucla.edu/canonlaw/)

Catholic canon law societies


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Canadian Canon Law Society (http://www.ccls-scdc.ca/)


Canon Law India (https://web.archive.org/web/20140517062302/http://canonlawsocietyindia.org/)
Canon Law Society of America (http://www.clsa.org/)
Canon Law Society of Australia and New Zealand (http://www.clsanz.catholic.org.au/)
Canon Law Society of Great Britain & Ireland (http://www.clsgbi.org/)
Canon Law Society of the Philippines (http://www.clsp.org.ph/)
Midwest Canon Law Society (the United States) (http://midwestcanonlaw.org/)
Sociedade Brasileira de Canonistas (https://web.archive.org/web/20170214011533/http://www.infos
bc.org.br/portal/)

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