(Redirected from Codex Iuris Canonici)
'Canon Law', the ecclesiastical
law of the
Catholic Church, is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code and principles of legal interpretation. 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). Because of its specialized nature, advanced degrees in civil law or theology are normal prerequisites for the study of canon law.
Early sources
In the Roman Catholic Church, the canons of the councils were supplemented with
decretals of the
Popes, which were gathered together into collections such as the ''Liber Extra'' (1234), the ''Liber Sextus'' (1298) and the ''Clementines'' (1317).
Much of the jurisprudential style was adapted from the
Roman Law Code of Justinian. As a result, Catholic ecclesiastical courts tend to follow the Roman Law style of the continent of Europe, featuring collegiate panels of judges and an investigative form of proceeding, called "inquisitorial", from the
Latin "inquirere", ''to enquire''. This is in contrast to the adversarial form of proceeding found in the
Common Law system of British and American law, which features juries, single judges, etc.
In the thirteenth century, the Catholic Church began to collect and organize canon law, which after a millennium of development had become a complex and difficult system of interpretation and cross-referencing. In 1582 a compilation was made of the Decreta, Extra, the Sext, the Clementines and the Extravagantes (that is, the decretals of the Pope from
Pope John XXII to
Pope Sixtus IV).
On this, see
Corpus Juris Canonici.
Codification
Due to the request of the bishops at the First Vatican Council,
[1]Pope Pius X ordered that work begin on reducing these diverse documents into a single code, presenting the normative portion in the form of systematic short canons shorn of the preliminary considerations ("Whereas ..." etc.) and omitting those parts that had been superseded by later developments.
This code was promulgated on
27 May 1917 as the
Code of Canon Law (
Latin: ''Codex Iuris Canonici'') by his successor,
Pope Benedict XV, who set
19 May 1918 as the date on which it came into force,
[2]. For the most part, it applied only to the Latin Church except when "it treats of things that, by their nature, apply to the Oriental",
[3] such as the effects of baptism (canon 87).
In the succeeding decades some parts of this 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 Code would be completely revised. The commission appointed to undertake the task decided in 1963 to delay the project until the Council had been concluded. When work did begin, 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, having been promulgated with the
apostolic constitution ''
Sacrae Disciplinae Leges'' of
25 January 1983.
This edition is referred to as the 1983 Code of Canon Law, to distinguish it from the 1917 Code. Like the preceding edition, it applies to Catholics of Latin Rite. For Eastern Catholics two sections of Eastern 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 of which a distinct complete 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 Code of Canon Law in matters where Eastern and Latin traditions diverge, such as terminology and discipline concerning hierarchical offices and administration of the sacraments.
From time to time, the
Pontifical Council for Legislative Texts issues
authentic interpretations regarding the Code.
In 1998, Pope John Paul II issued the
motu proprio ''
Ad Tuendam Fidem'', which amended two canons (750 and 1371) of the 1983 Code of Canon Law and two canons (598 and 1436) of the 1990 Code of Canons of the Eastern Churches, so as to add "new norms which expressly impose the obligation of upholding truths proposed in a definitive way by the Magisterium of the Church, and which also establish related canonical sanctions."
Patron saint
St. Raymond of Penyafort (
1175–
1275), a Spanish Dominican priest, is the
Patron Saint of canonists, due to his important contributions to the science of Canon Law.
Related terms
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Affinity (canon law)
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Apostolic Administrator
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Apostolic constitution
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Apostolic vicariate
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Apostolicæ Sedis
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Benefice
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Canon Episcopi
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Confirmation of bishops
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Consanguinity
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Contractum trinius
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Corpus Juris Canonici
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Corpus Juris Civilis
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Crimen sollicitationis
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Decretal
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Decretum Gratiani
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Delegata potestas non potest delegari
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Devil's advocate
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Dictatus papae
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Dispensation (Western Christian)
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Ecclesiastical jurisdiction
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Ecclesiastical court
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Edictum Rothari
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Epiclesis
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Eucharistic discipline
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Latae sententiae
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Motu proprio
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Oratory
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Particular church
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Paternity
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Prefecture
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Prelate
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Privilege (canon law)
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Promulgation
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Rector
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Sacra Rota Romana
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Seal of the Confessional
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Secular clergy
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Sede vacante
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Simony
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Territorial abbot
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Vacarius
Footnotes
1. Pietro Cardinal Gasparri, preface to the CIC 1917
2. Ap Const. ''Providentissima Mater Ecclesia'' Benedict XV, 27 May 1917
3. canon 1 CIC 1917, trans. Peters, Edward, Ignatius Press: 2001, ''The 1917 Pio Benedictine Code of Canon Law''
External links
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Catholic Encyclopedia: Canon Law
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Document establishing the 1983 Code of Canon Law
Texts and translations of Codes of Canon Law, with referenced concordances
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Codex Iuris Canonici (1983), original text in Latin
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Code of Canon Law (1983) but with the 1998 modification of canons 750 and 1371, English translation by the Canon Law Society of America, on the Vatican website
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Code of Canon Law (1983), English 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
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Codex canonum ecclesiarum orientalium (1990), original text in Latin
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"Code of canons of Oriental Churchs" (1990), defective English translation
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Codex Iuris Canonici (1917), original text in Latin
Translations of Codes of Canon Law, without concordances
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Code of Canon Law (1983), English 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
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Codex Iuris Canonici (1917) in French translation