History of CL

• Early christian community figuring it out.

  • Gospels talk about maybe a weeks worth of life and teachings

  • "what we have seen and heard we proclaim in turn to you"

  • How become a christian, Jewish law, gentile - hoy poloy, 

  • Ius antiquum - councils local and global, popes.

• Constantinople 451 

  • Jesus is truly God and truly man (homoousios). East and west continued to struggle with this.

  • Women had to be at least 40 years old to be ordained deacons and couldn't marry. 

  • Buying and selling ordination is forbidden.

  • Need the bishop's permission to establish a church or monastery

• Pseudo Isidore ~850-- 

  • Isidore of Seville 560-636 - Famous bishop

  • Pseudo - collector who supplemented with made up statements attributed to IS

• Gratian (1100-1150??) Italy - Ius novum

  • 6 texts: Gratian's Decree, Concordance of discordant canons, 7th Justinian

  • collected and systematized canonical manuscripts in various languages

  • Corpus Juris Canonici, never formally promulgated, not needed, but widely influential

• 1917 Code - CJC - Gaspari - decontextualized the canons. Only in Latin, no authorized translations. One author, unified, but lacks depth, breadth and context.

• 1983 Code - 

  • Written by committee, promulgated by JPII, very clerical, promulgating document. 

  • Harmonizing of theological and juridic texts

Jurisprudence

• Text and Context

• Salvation of souls is the supreme law

• Canon 18 Laws which establish a penalty, restrict the free exercise of rights, or contain an exception from the law are subject to strict interpretation. C36 benefits and favors are to be interpreted broadly.

• Canon 27 Custom is the best interpreter of laws.

• Weightier and more ancient source gravior et vetior

• Common good

• Canon 1752 In cases of transfer the prescripts of can. 1747 are to be applied, canonical equity is to be observed, and the salvation of souls, which must always be the supreme law in the Church, is to be kept before one’s eyes.

• Authentic Interpretations PCILT - legislator

• standards of proof: moral certainty. 

CL Today

• I work with religious institutes globally, doing mainly governance and property in civil and canon law, some questions about formation and the life of the sisters. 

• Diocesan and parish governance & marriage law

• Went to KULeuven JCL / JCD

• US canonists - CUA, St. Paul's Ottawa, Roman schools (6), KUL