Canon Law

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book1 [2017/01/04 12:58]
amycsj
book1 [2017/07/11 11:14] (current)
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 **Canon 5 Contrary Custom** **Canon 5 Contrary Custom**
-  * Contrary Customs. Custom: practice introduced by the community. 6 expressly abrogated. ​ Centenary: >100 yr. Immemorial predate memory of the oldest persons in the community.+  * Contrary Customs. Custom: practice introduced by the community. 6 expressly abrogated.Centenary:​ >100 yr. Immemorial predate memory of the oldest persons in the community.
  
 **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. ​//Non sui compos// is not competent to place the act.
   * 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. "​Merely Ecclesiastical Law" is referred to - indicating a hierarchy of law. It is difficult to distinguish divine from ecclesiastical based only on the text.   * 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. "​Merely Ecclesiastical Law" is referred to - indicating a hierarchy of law. It is difficult to distinguish divine from ecclesiastical based only on the text.
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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 '​criminal'​ priests.   * 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 '​criminal'​ priests.
   * [[http://​www.vatican.va/​roman_curia/​pontifical_councils/​intrptxt/​documents/​rc_pc_intrptxt_doc_20060313_actus-formalis_en.html| **Leaving the Church by Formal Act**]] Only exceptionally do people try to formalize the act of leaving the church. Usually they just 'fall away'. The key issue is do we have the right to leave //the truth//. The truth exists, the catholic truth, but there is no compulsion in religion. Required manner for leaving:   * [[http://​www.vatican.va/​roman_curia/​pontifical_councils/​intrptxt/​documents/​rc_pc_intrptxt_doc_20060313_actus-formalis_en.html| **Leaving the Church by Formal Act**]] Only exceptionally do people try to formalize the act of leaving the church. Usually they just 'fall away'. The key issue is do we have the right to leave //the truth//. The truth exists, the catholic truth, but there is no compulsion in religion. Required manner for leaving:
-    - 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,​ but not with the people in the pews.     - 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,​ but not with the people in the pews.
 +    - 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.'​ This uses persona, not membrum, because the notion is that you are in it for good. Some argue that ALL persons are persons in the church.     - 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.'​ This uses persona, not membrum, because the notion is that you are in it for good. Some argue that ALL persons are persons in the church.
-      - Pio Ciprotti - everyone is a person in the church because ​there is an unlimited message of salvation. True, this is the goal, but it is still a potentiality.+      - Pio Ciprotti - everyone is a person in the church because ​of the unlimited message of salvation. True, this is the goal, but it is still a potentiality.
       - 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 '​person in the church.'​       - 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 '​person in the church.'​
       - 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 '​person in the church'​ at all.       - 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 '​person in the church'​ at all.
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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 ​are often sufficient for practice, but doctrinal interpretation requires the further methods. More important than the mind of the legislator. +    - __Text ​and context__ ​are often sufficient for practice, but doctrinal interpretation requires the further methods. More important than the mind of the legislator. 
-    - Parallel places ​in 1983 Code, CCEO, etc. E.g. parallel of pope becoming incapacitated - parallel to bishop. But lex specialis derogat lex generalis. Can 332.2 says he can only resign freely - but if he is mentally ill, he can't be free. +    - __Parallel places__ ​in 1983 Code, CCEO, etc. E.g. parallel of pope becoming incapacitated - parallel to bishop. But lex specialis derogat lex generalis. Can 332.2 says he can only resign freely - but if he is mentally ill, he can't be free. 
-    - 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 ​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. 
-  * Other sources of interpretation are: canonical ​tradition, customs, jurisprudence,​ curial practice, and constant ​scholarship.+  * Other sources of interpretation are: __canonical ​tradition, customs, jurisprudence,​ curial practice, and constant ​scholarship__.
   * 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:​ so for private interpretation,​ you can select the appropriate ​ interpretation.   * 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:​ so for private interpretation,​ you can select the appropriate ​ interpretation.
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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,​ exception to canon 9 laws are not retroactive.        * Canon 1313 penal law most favorable is applied, even if retroactive,​ exception to canon 9 laws are not 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 ​are interpreted strictly +    - __Exception__ ​are interpreted strictly 
-    - Restrictions ​of free exercise of rights are interpreted strictly.+    - __Restrictions__ ​of free exercise of rights are interpreted strictly.
   * It doesn’t change the meaning. Broad interpretation is given in a favorable law. E.g. Postulants are members for extensive interpretation,​ novices are members for broad interpretation,​ juniors are members for strict interpretation,​ perpetuals are members for restrictive interpretation. Extensive interpretation of abortion required legislator. Exceptions are strict? To limit exceptions, or to limit application?​ Look to favorable interpretation. Where exception gives favor to one at the expense of another, give a strict interpretation.   * It doesn’t change the meaning. Broad interpretation is given in a favorable law. E.g. Postulants are members for extensive interpretation,​ novices are members for broad interpretation,​ juniors are members for strict interpretation,​ perpetuals are members for restrictive interpretation. Extensive interpretation of abortion required legislator. Exceptions are strict? To limit exceptions, or to limit application?​ Look to favorable interpretation. Where exception gives favor to one at the expense of another, give a strict 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 ​consitution. §2 Laity cooperate (not participate) in the same power. Roman school - laity have always exercised jurisdiction and can still do so. Munich school - priesthood is one, and therefore laity are excluded from jurisdiction. There still exist examples of lay offices with the power of governance: finance officer, finance council, lay parish administrator,​ judge, promoter or defender.+ §1 Those is orders are qualified for the power of governance / jurisdiction which is in the church by divine ​constitution(Clerics qualified, doesn'​t say that lay are not.) §2 Laity cooperate (not participate) in the same power. Roman school - laity have always exercised jurisdiction and can still do so. Munich school - priesthood is one, and therefore laity are excluded from jurisdiction. There still exist examples of lay offices with the power of governance: finance officer, finance council, lay parish administrator,​ judge, promoter or defender.
  
 **Canon 130 Internal and External Forum** **Canon 130 Internal and External Forum**
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