book1
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book1 [2017/01/04 12:58] – amycsj | book1 [2017/07/11 11:14] – amycsj | ||
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**Canon 5 Contrary Custom** | **Canon 5 Contrary Custom** | ||
- | * Contrary Customs. Custom: practice introduced by the community. 6 expressly abrogated. | + | * Contrary Customs. Custom: practice introduced by the community. 6 expressly abrogated.Centenary: |
**Canon 6 Prior Law** | **Canon 6 Prior Law** | ||
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Catholic, use of reason, at least seven years old. Divine law and conferral of rights bind everyone. | Catholic, use of reason, at least seven years old. Divine law and conferral of rights bind everyone. | ||
* Catholic – 1917 code bound all Christians. Baptized by Catholic, or with intent to be catholic, or received into Catholic church. Once Catholic, always Catholic. Law relaxes some marriage laws for Catholics who have left the church. | * Catholic – 1917 code bound all Christians. Baptized by Catholic, or with intent to be catholic, or received into Catholic church. Once Catholic, always Catholic. Law relaxes some marriage laws for Catholics who have left the church. | ||
- | * Sufficient use of reason – sufficient for the act. E.g. more is needed for ordination than for first communion. Non sui compos is not competent to place the act. | + | * Sufficient use of reason – sufficient for the act. E.g. more is needed for ordination than for first communion. |
* At least seven years old – completed seventh year, i.e., at midnight after the seventh birthday. Bound by obligation to attend mass and refrain from burdensome labor on Sundays and holy days c1247, confess serious sin once a year c989, receive communion once a year (after FHC) c920. Some obligations bind at older age: 14-abstinence c1252, 16 sanctions c1323, and 18 fasting c1252. | * At least seven years old – completed seventh year, i.e., at midnight after the seventh birthday. Bound by obligation to attend mass and refrain from burdensome labor on Sundays and holy days c1247, confess serious sin once a year c989, receive communion once a year (after FHC) c920. Some obligations bind at older age: 14-abstinence c1252, 16 sanctions c1323, and 18 fasting c1252. | ||
* Divine law is binding, the working out and impllication is different. E.g. 1. papacy and its working out. 2. indissolubility of marriage except in the case of adultery - is it divine, and but how does it get worked out. Pre 9th C church got control of marriage - it added indissolubility for social stability. " | * Divine law is binding, the working out and impllication is different. E.g. 1. papacy and its working out. 2. indissolubility of marriage except in the case of adultery - is it divine, and but how does it get worked out. Pre 9th C church got control of marriage - it added indissolubility for social stability. " | ||
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* E.g. bishop. Simonis of Utrecht. Old Catholics had two diocese Haarlem and Utrecht, two bishops 13,000 people. History Started with dispute with 16C Chapter of canons and holy see over appointment of bishops. Typical schismatic conflict. Gradually faith elements came - the people who infallibility in 18C joined the original group. Later they accepted married priests, and later also women priests, furthering the split. Two abishops in Utrecht. Glazenmakers (oc) & Simonis (rc). Ecumenical services. Later two old catholic flemish bishops, both previously Roman Catholic priests Vercammen (married) Wirix (who became old catholic then married). Now Simonis has a problem doing joint services with ' | * E.g. bishop. Simonis of Utrecht. Old Catholics had two diocese Haarlem and Utrecht, two bishops 13,000 people. History Started with dispute with 16C Chapter of canons and holy see over appointment of bishops. Typical schismatic conflict. Gradually faith elements came - the people who infallibility in 18C joined the original group. Later they accepted married priests, and later also women priests, furthering the split. Two abishops in Utrecht. Glazenmakers (oc) & Simonis (rc). Ecumenical services. Later two old catholic flemish bishops, both previously Roman Catholic priests Vercammen (married) Wirix (who became old catholic then married). Now Simonis has a problem doing joint services with ' | ||
* [[http:// | * [[http:// | ||
- | - the internal decision to leave the Catholic Church; (internal forum - a problem with doctrine, sacraments, community) | + | - the internal decision to leave the Catholic Church; (internal forum - a problem with doctrine, sacraments, community, governance) |
- the realization and external manifestation of that decision; and (Must have more than a mere juridical / administrative act - the formal act to leave is Heresy, Schism or Apostasy see. Canon 751) In order to have a valid act, you have to commit a crime. Lack of crisp legal reasoning. Act personally, **consciously** and freely - consciously is difficult to verify legally. Has to be judged by the bishop - but where is the competence? | - the realization and external manifestation of that decision; and (Must have more than a mere juridical / administrative act - the formal act to leave is Heresy, Schism or Apostasy see. Canon 751) In order to have a valid act, you have to commit a crime. Lack of crisp legal reasoning. Act personally, **consciously** and freely - consciously is difficult to verify legally. Has to be judged by the bishop - but where is the competence? | ||
- the reception of that decision by the competent ecclesiastical authority. If not accepted, there is no enforcement. The reality is different. This might work with professional theologians, | - the reception of that decision by the competent ecclesiastical authority. If not accepted, there is no enforcement. The reality is different. This might work with professional theologians, | ||
+ | - In 2009, some exceptions to marriage formalities for those who left by formal act were removed. On 12/15/09, BXVI //Omnium in mentem//, dated October 26, 2009, was published. One of the two issues in the Motu Proprio concerns “the elimination of the clause //actus formalis defectionis ab Ecclesia Catholica// contained in canons 1086 para. 1, 1117 and 1124. | ||
- Canon 96: 'By baptism one is incorporated into the Church of Christ and constituted **a person in it**, with the duties and the rights which, in accordance with each ones status, are proper to Christians, in so far as they are in ecclesiastical communion and unless a lawfully issued sanction intervenes.' | - Canon 96: 'By baptism one is incorporated into the Church of Christ and constituted **a person in it**, with the duties and the rights which, in accordance with each ones status, are proper to Christians, in so far as they are in ecclesiastical communion and unless a lawfully issued sanction intervenes.' | ||
- | - Pio Ciprotti - everyone is a person in the church because | + | - Pio Ciprotti - everyone is a person in the church because |
- Pietro Gismondi (60s-70s) Everyone is by natural law a person, canon law follows natural, so that also everyone is a person in canon law. But the canon uses ' | - Pietro Gismondi (60s-70s) Everyone is by natural law a person, canon law follows natural, so that also everyone is a person in canon law. But the canon uses ' | ||
- Vermeersch (1900s - with Creusen - seminary handbooks on Canon Law and Moral Theology) Everyone is a person, but they are not completely persons. Some are incomplete: i.e. they are not baptized. They have the rights, but not the fullness. Problem is that the fact that you have a right to become a member, but don't exercise it, you are not a ' | - Vermeersch (1900s - with Creusen - seminary handbooks on Canon Law and Moral Theology) Everyone is a person, but they are not completely persons. Some are incomplete: i.e. they are not baptized. They have the rights, but not the fullness. Problem is that the fact that you have a right to become a member, but don't exercise it, you are not a ' | ||
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**Canon 17 Text and Context** | **Canon 17 Text and Context** | ||
* Doctrinal interpretation is interpretation by canonists and scholars ‘doctors’ is held in high regard. Context: section, Title or part where a word is found. Then: | * Doctrinal interpretation is interpretation by canonists and scholars ‘doctors’ is held in high regard. Context: section, Title or part where a word is found. Then: | ||
- | - Text and context | + | - __Text |
- | - Parallel places | + | - __Parallel places__ |
- | - Finem is value law is enshrining. Circumstantias is the history that preceded and perhaps precipitated the law. Mentem legislatoris is institutional construct – institution of law, its principles, rules and values. Requires knowledge and experience in canon law, ecclesiology and moral theology. | + | - Finem is __value |
- | * Other sources of interpretation are: canonical | + | * Other sources of interpretation are: __canonical |
* Michiels and Van Hove wrote a lot about this before the Vatican Council | * Michiels and Van Hove wrote a lot about this before the Vatican Council | ||
* One can reason a fortiori if this is permitted, then that is certainly permitted; or a contrario - i.e. if this is permitted, then that is certainly not permitted. Teleological - purpose of the text, exegetical - meaning of the legislator. There may be various interpretations: | * One can reason a fortiori if this is permitted, then that is certainly permitted; or a contrario - i.e. if this is permitted, then that is certainly not permitted. Teleological - purpose of the text, exegetical - meaning of the legislator. There may be various interpretations: | ||
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**Canon 18 Strict Interpretation** | **Canon 18 Strict Interpretation** | ||
* Strict interpretation limits law’s application to the minimum stated in the text. Interpret strictly: | * Strict interpretation limits law’s application to the minimum stated in the text. Interpret strictly: | ||
- | - Penal Law interpreted strictly. The following also help criminals: | + | - __Penal Law__ interpreted strictly. The following also help criminals: |
* Canon 6.1.3, old penal law abrogated | * Canon 6.1.3, old penal law abrogated | ||
* Canon 221.3, nullum crimen, nulla poena sine lege | * Canon 221.3, nullum crimen, nulla poena sine lege | ||
* Canon 1313 penal law most favorable is applied, even if retroactive, | * Canon 1313 penal law most favorable is applied, even if retroactive, | ||
* However Canon 1399 - you can punish without the law (old canon 2222). | * However Canon 1399 - you can punish without the law (old canon 2222). | ||
- | - | + | - __Exception__ |
- | - Restrictions | + | - __Restrictions__ |
* It doesn’t change the meaning. Broad interpretation is given in a favorable law. E.g. Postulants are members for extensive interpretation, | * It doesn’t change the meaning. Broad interpretation is given in a favorable law. E.g. Postulants are members for extensive interpretation, | ||
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**Canon 129 Who Exercises** | **Canon 129 Who Exercises** | ||
- | §1 Those is orders are qualified for the power of governance / jurisdiction which is in the church by divine | + | §1 Those is orders are qualified for the power of governance / jurisdiction which is in the church by divine |
**Canon 130 Internal and External Forum** | **Canon 130 Internal and External Forum** |
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