CANON FOR Baccalaureate

Canon Law:  26. How to relate the nature, function and fundamental principles of the Canon Law in the different books of the Code 1983?

Introduction: The Church being an independent and self-governing society, needs a code of laws. So. before going to discuss it in detail let us discus simply first what is law.

What is Law: Law means a rule of conduct imposed by authority. An ordinance of reason promulgated for the common good of the people, made by one who has the charge of the community (St. Thomas Aquinas). We can put some characteristics of law. They are: * Ordinance of practical reason * Law is always reasonable  * Law is for the common good * Law should be published by the competent authority * Law should be promulgated * There should a community capable of receive it.

What is Canon Law: The word Canon in its proper sense means - "a measuring rod". It is used metaphorically to mean - a rule or a norm. It was used latter to mean a "collection of sacred books authentically  recognized by the church." In the 4th century the council of Nicesea (325) called the church's disciplinary measures "canons" to distinguish them from the Legislation in the western church the law of church as "canon law".

So, Canon law is the organized body of laws by which the pastoral ministry of the church is guided and the structures of the church are defined. Code of Canon law is not meant to be a book for academic in structure but an effective instrument to guide the life of the faithful.

1st code of canon law promulgated 27, May, 1917 and come into effect 19 May, 1918. It was during the time of pope Benedict XV. There were 5 books (consisted with) 1. General norms, 2. Persons, 3. Things, 4. Proceduce and 5. Penalties, all together 2414 canons. 

2nd code of canon law promulgated 66 years after 1st one, 25 January, 1983 and come into effect on 27 November, 1983. It was during the time of pope John Paul II. There are 7 books – 1. General norms (1-203), 2. The People of God (204-746), 3. The Teaching/Office of the church (747-833), 4. The sanctifying Office of the chrch (834-1253), 5. The Temporal goods of the church (1254-1310), 6. Sanction of the church (1311-1399), 7. Procedures (1400-1752). There are all together 1752 canons.

In the code of Canon law there are: (i) Dogmatic Canon, (ii) Moral norms, (iii) Disciplinary norms.

To gain an even fuller understanding of the place and role of law is the church, let us look at the law’s origin, purpose and nature.

Origin: The origin of Canon Law is both in the humanity of the church and in the divine gifts possessed by the community. Some norms are born from a human need for order and ordered operations: some norms are demanded and generated by divine revelation. In each case reason is the operating agent in bringing order into the life of community, that is reason enlightened by and united with the word of God and energized by divine grace. In this sense, the defenition of Aquinas holds: Law is an ordinance of reason”.

Purpose: The canon law is to assist the church in fulfilling its task which is to reveal and to communicate God’s saving power to the world. Law can help by creating order in the community, an order that leads to tranquility and peace: a good disposition for the ‘assembly’ to become ‘light of the nations’. The law can be also a teacher to the people as the torah once was: guiding them towards the kingdom.

Nature: The nature of Canon Law reflects the nature of the church: it is truly human because the church is a human community; it has an affinity with the divine because it is an integral part of the church as sacrament. In the law itself, human prudence bends with divine wisdom in a close union but without fusion or confusion. The complex nature gives to canon law incarnation character.

1. By its very nature it is pastoral orientated differ from any civil law.

2. It guides faithful to the salvation, to eternal life.

3. Its concern is individual man/person.

4. It is based on divine authority.

5. It has also legislative (legal) executive (administrative) and juridical aspect.

6. It extends to all territory of the church.

Canon law place in the Christian living:

1. Doctrinal, 2. Moral behaviour, 3. Disciplinary, 4. Exhortation, 5. Structure of the church, 6. Explain the roles of the clergy and lay, 7. Liturgical matter, 8. Relation between state and church.

Function of Canon law in the Church:

The place of law is in the church of Christ where the drama of our redemption is enacted; the role of law is to assist the people in the redemption of God’s saving mysteries.

1. Providing good orders in the church (promotion of stability, security &  peace)

2. Providing legal protection of the church institutions; including Sacraments, Canon law is closely related to theology.

3. Setting forth of rights and duties of the Christ's faithful; individual and groups.

4. Protection of rights through proper legal procedures.

5. Determined from evil as guide to Christian living.

6. The ultimate purpose of the canon law is to assist the Holy Spirit.

7. It helps to perform different functions of the church. i.e. administrative.

8. IT helps to maintain a minimum uniformity in the faithful and morality of the church.

9. It helps to see the reagrace of God and work of the Holy Spirit in the individual life.

10. It helps to see obedience to the authority of the church which comes form God.

11. It helps the faithful to have perfection of life in Christ.

12. Preserve the dignity of each Christians in the church.

13. It helps to harmonize to the dignity and teaching of the church.

14. It defends the human person and to form the Christian so that they may participate in a community way in catholic life.

15. It helps to maintain the essential features of juridical relation between the faithful, pastor and laity by means of it rules.

16. It is at the service of the mystical body of Christ.

The explanation of Canon Law:

1. Doctrinal statement, 2. Moral behavior/theology, 3. Exhortation,  4. Scientific statement, 5. It explain theology right & Duties of the faithful

Some Characteristics of the New Code

1. It’s most part based on Vat.II emphasizes on more implication. Pastoral renewal and reformation.

2. The new code treats with the structures introduces or re-emphasized by the council: i.e. the collage of Bishops, the synods of Bishops, conferences of Bishops, Episcopal vicar, presbyteral and pastoral councils.

3. The 1983 code of 1752 canons is considerably shorter that the 1917 code which had 2414 canons. 4. Most strucking differences between codes found in their organization (of the book) = the 1917 code had five books based on Roman law system of persons, things and actions. But the new code has seven books based on church’s threefold functions: teaching, sanctifying, governing role. Book II = the people of God = based on Lumen Gentium.

5. Emphasize on the pastoral care of the soul. Protection of the subjective rights of Christ's faithful - rights of the person.

6. The office of the bishop is presented in a positive pastoral way.

8. Penalty = law/last remedy according to the pastoral consideration. Penalty only regarding the universal church. It minimizes ecclestical penalties. 1917 = 220 canons and 1983 = 89 canons (73 old)

FS = 17; 4 interdict, 6 suspension and 7 excommunication.

9. No definition of sanction is offered.

10. Violation is to be grave for perceptive penalty.

10 Principles

1. Juridical nature of the canon law ( care-obligation, others, ecclesial, cult-communal salvation of the souls.

2. Harmony between internal and external forum (ms¯‹vi `Û cvc¯^xKvi ¶gv`vb I mvgvwRK kvw¯—)

3. Pastoral spirit in applying law (charity, temperance, justice, moderation _vK‡Z n‡e)

4. The temporal &  spiritual power of the bishops incised.

5. Equity (mKj Lªxóf³‡`I AwaKvi, `vwqZ¡ mggh©v`v c~Y© cÖ`vb (e¨vwZµg)

6. Subjective right (cÖ‡Z¨K AwaKvi i¶v Kiv)

7. Penalty should reduced (Kgv‡Z n‡e kvw¯—)

8. Principal of subsidiary mgch©v‡q hvh †h AwaKvi Zv kª×v Kiv c¨vwi‡mi e¨vcv‡I †mLv‡bB mgvavb Kiv)

9. Principal of territorial nature (‡h hvi mxgvbvq wekc/ag©cÖ‡`‡ki KZ©„Z¡ Ki‡Z cvi‡e)

10. Revelation-structured of the new code (5 to 7)

How should one go about interpreting and applying Canon Law?

Interpretation is the explanation of the true meaning of the law. There are different kinds of interpretation.  1. Authentic interpretation - it is given by the law giver. 2. Declarative interpretation, 3. Directive interpretation, 4. Explanatory interpretation, 5. Extensive interpretation, 6. Restrictive interpretation, 7. Doctrinal interpretation

There are two rules of interpretation:

1. Primary rule of interpretation, 2. Secondary rule of interpretation

"Equity" justice tempered with the sweetness of mercy. We have to explain and give interpretation according to the guide of the church, for the common good of the faithful and for the salvation of the souls.

Apply the law: 1. The juridical character of the canon law must be maintain.

2. Harmony between eternal forum and internal forum.

3. Promotion of the pastoral care of the soul (peace, justice, equality).

4. The office of the Bishops (spiritual and temporal) should be presented in a positive way according to councilor teaching (pastoral care). 5. The principle of subsidiary (equality) – coordination between higher and lower order.

6. The use of power in the church should not be arbitory.

7. Subjective right must be preserved (Tribunal of the church).

8. Territorial jurisdiction should be maintain the church.

9. Penalty should be kept in a minimum and remission limited to the eternal forum.

Question 15. Describe the nature, function and fundamental principles of Canon Law in the Church. What are most significant aspects of the canon Law? How do you find these in your daily life? How can a catholic apply that in the life of the Church?

Introduction: The Church being an independent and self-governing society, needs a code of laws. So.before going to discuss it in detail let us discus simply first what is law.

What is Law: Law means a rule of conduct imposed by authority. An ordinance of reason promulgated for the common good of the people, made by one who has the charge of the community (St. Thomas Aquinas). We can put some characteristics of law. They are: * Ordinance of practical reason * Law is always reasonable  * Law is for the common good * Law should be published by the competent authority * Law should be promulgated * There should a community capable of receive it.

What is Canon Law:The word Canon in its proper sense means - "a measuring rod". It is used metaphorically to mean - a rule or a norm. It was used latter to mean a "collection of sacred books authentically  recognized by the church." In the 4th century the council of Nicesea (325) called the church's disciplinary measures "canons" to distinguish them from the Legislation in the western church the law of church as "canon law".

So, Canon law is the organized body of laws by which the pastoral ministry of the church is guided and the structures of the church are defined. Code of Canon law is not meant to be a book for academic in structure but an effective instrument to guide the life of the faithful.

1st code of canon law promulgated 27, May, 1917 and come into effect 19 May, 1918. It was during the time of pope Benedict XV. There were 5 books (consisted with) 1. General norms, 2.Persons, 3.Things, 4.Proceduce and 5.Penalties, all together 2414 canons.

2nd code of canon law promulgated 66 years after 1st one, 25 January, 1983 and come into effect on 27 November, 1983. It was during the time of pope John Paul II. There are 7 books – 1. General norms (1-203), 2.The People of God (204-746), 3.The Teaching/Office of the church (747-833), 4.The sanctifying Office of the chrch (834-1253), 5.The Temporal goods of the church (1254-1310), 6. Sanction of the church (1311-1399), 7. Procedures (1400-1752). There are all together 1752 canons.

In the code of Canon law there are: (i) Dogmatic Canon, (ii) Moral norms, (iii) Disciplinary norms.

To gain an even fuller understanding of the place and role of law is the church, let us look at the law’s origin, purpose and nature.

Origin: The origin of Canon Law is both in the humanity of the church and in the divine gifts possessed by the community. Some norms are born from a human need for order and ordered operations: some norms are demanded and generated by divine revelation. In each case reason is the operating agent in bringing order into the life of community, that is reason enlightened by and united with the word of God and energized by divine grace. In this sense, the defenition of Aquinas holds: Law is an ordinance of reason”.

Purpose: The canon law is to assist the church in fulfilling its task which is to reveal and to communicate God’s saving power to the world. Law can help by creating order in the community, an order that leads to tranquility and peace: a good disposition for the ‘assembly’ to become ‘light of the nations’. The law can be also a teacher to the people as the torah once was: guiding them towards the kingdom.

Nature: The nature of Canon Law reflects the nature of the church: it is truly human because the church is a human community; it has an affinity with the divine because it is an integral part of the church as sacrament. In the law itself, human prudence bends with divine wisdom in a close union but without fusion or confusion. The complex nature gives to canon law incarnation character.

1. By its very nature it is pastoral orientated differ from any civil law. 2. It guides faithful to the salvation, to eternal life. 3. Its concern is individual man/person.

4. It is based on divine authority. 5. It has also legislative (legal) executive (administrative) and juridical aspect. 6. It extends to all territory of the church.

Canon law place in the Christian living:

1. Doctrinal, 2. Moral behaviour, 3.Disciplinary, 4.Exhortation, 5.Structure of the church, 6. Explain the roles of the clergy and lay, 7. Liturgical matter, 8.Relation between state and church.

Function of Canon law in the Church:

The place of law is in the church of Christ where the drama of our redemption is enacted; the role of law is to assist the people in the redemption of God’s saving mysteries.

1. Providing good orders in the church (promotion of stability, security &  peace)

2. Providing legal protection of the church institutions; including Sacraments, Canon law is closely related to theology.

3. Setting forth of rights and duties of the Christ's faithful; individual and groups.

4. Protection of rights through proper legal procedures.

5. Determined from evil as guide to Christian living.

6. The ultimate purpose of the canon law is to assist the Holy Spirit.

7. It helps to perform different functions of the church. i.e. administrative.

8. IT helps to maintain a minimum uniformity in the faithful and morality of the church.

9. It helps to see the reagrace of God and work of the Holy Spirit in the individual life.

10. It helps to see obedience to the authority of the church which comesform God.

11. It helps the faithful to have perfection of life in Christ.

12. Preserve the dignity of each Christians in the church.

13. It helps to harmonize to the dignity and teaching of the church.

14. It defends the human person and to form the Christian so that they may participate in a community way in catholic life.

15. It helps to maintain the essential features of juridical relation between the faithful, pastor and laity by means of it rules.

16. It is at the service of the mystical body of Christ.

The explanation of Canon Law:

1. Doctrinal statement, 2. Moral behavior/theology, 3. Exhortation, 4. Scientific statement, 5. It explain theology right & Duties of the faithful

Some Characteristics of the New Code

1. It’s most part based on Vat.II emphasizes on more implication. Pastoral renewal and reformation.

2. The new code treats with the structures introduces or re-emphasized by the council: i.e. the collage of Bishops, the synods of Bishops, conferences of Bishops, Episcopal vicar, presbyteral and pastoral councils.

3. The 1983 code of 1752 canons is considerably shorter that the 1917 code which had 2414 canons. 4. Most strucking differences between codes found in their organization (of the book) = the 1917 code had five books based on Roman law system of persons, things and actions. But the new code has seven books based on church’s threefold functions: teaching, sanctifying, governing role. Book II = the people of God = based on Lumen Gentium.

5. Emphasize on the pastoral care of the soul. Protection of the subjective rights of Christ's faithful - rights of the person.

6. The office of the bishop is presented in a positive pastoral way.

8. Penalty = law/last remedy according to the pastoral consideration. Penalty only regarding the universal church. It minimizes ecclestical penalties. 1917 = 220 canons and 1983 = 89 canons (73 old)

FS = 17; 4 interdict, 6 suspension and 7 excommunication.

9. No definition of sanction is offered.

10. Violation is to be grave for perceptive penalty.

10 Principles

1. Juridical nature of the canon law ( care-obligation, others, ecclesial, cult-communal salvation of the souls.

2. Harmony between internal and external forum (ms¯‹vi `Û cvc¯^xKvi ¶gv`vb I mvgvwRKkvw¯—)

3. Pastoral spirit in applying law (charity, temperance, justice, moderation _vK‡Zn‡e)

4. The temporal &  spiritual power of the bishops incised.

5. Equity (mKj Lªxóf³‡`I AwaKvi, `vwqZ¡ mggh©v`vc~Y© cÖ`vb (e¨vwZµg)

6. Subjective right (cÖ‡Z¨KAwaKvii¶vKiv)

7. Penalty should reduced(Kgv‡Zn‡ekvw¯—)

8. Principal of subsidiary mgch©v‡qhvh †h AwaKviZv kª×v Kivc¨vwi‡mie¨vcv‡I †mLv‡bBmgvavbKiv)

9. Principal of territorial nature (‡h hvimxgvbvqwekc/ag©cÖ‡`‡ki KZ©„Z¡ Ki‡Zcvi‡e)

10. Revelation-structured of the new code (5 to 7)

How should one go about interpreting and applying Canon Law?

Interpretation is the explanation of the true meaning of the law. There are different kinds of interpretation. 1. Authentic interpretation - it is given by the law giver. 2. Declarative interpretation, 3. Directive interpretation, 4.Explanatory interpretation, 5.Extensive interpretation, 6.Restrictive interpretation, 7. Doctrinal interpretation

There are two rules of interpretation:

1.Primary rule of interpretation, 2. Secondary rule of interpretation

"Equity" justice tempered with the sweetness of mercy. We have to explain and give interpretation according to the guide of the church, for the common good of the faithful and for the salvation of the souls.

Apply the law: 1. The juridical character of the canon law must be maintain.

2. Harmony between eternal forum and internal forum.

3. Promotion of the pastoral care of the soul (peace, justice, equality).

4. The office of the Bishops (spiritual and temporal) should be presented in a positive way according to councilor teaching (pastoral care). 5. The principle of subsidiary (equality) – coordination between higher and lower order.

6. The use of power in the church should not be arbitory.

7. Subjective right must be preserved (Tribunal of the church).

8. Territorial jurisdiction should be maintain the church.

9. Penalty should be kept in a minimum and remission limited to the eternal forum.