Jurisprudence of Catholic canon law

The term source or fountain of canon law (fons juris canonici) may be taken in a twofold sense. First, it can indicate the formal cause of the existence of a law (fontes essendi), such as canon law or lawgivers. Second, it can describe the material channel through which laws are handed down and made known (fontes cognoscendi), such as sources of history. Fontes essendi The fontes essendi (Latin: "sources of being") include the following legislators: Besides its range being very uncertain, the natural law is an objective sentiment, or a dictate of reason. the Code of Canons of the Eastern Churches, A custom is, in other words, an unwritten law introduced by the continuous acts of the faithful with the consent of the legitimate legislator. Custom may be considered as a fact and as a law. As a fact, it is simply the frequent and free repetition of acts concerning the same thing; as a law, it is the result and consequence of that fact. Hence its name, which is derived from consuesco or consuefacio and denotes the frequency of the action. In order for custom to become a source of law, it must be approved by the competent legislator. Custom in canon law is not simply created by the people through their constant performance of a certain act, but it is the constant performance of a certain act with the intention of making a custom, which is approved by the competent legislator, thereby acquiring the force of law. This is because of the Catholic ecclesiological teaching on the constitution of the Catholic Church, The Roman Congregations were formerly empowered to issue decrees in matters which come under their particular jurisdiction, but were forbidden from continuing to do so under Pope Benedict XV in 1917. Each ecclesiastical province, and also each diocese, may issue decrees in their periodical synods within their sphere of authority. Motu proprio A motu proprio is a document issued by the pope on his own initiative and personally signed by him. A motu proprio may be addressed to the whole Church, to part of it, or to some individuals. Apostolic constitutions An apostolic constitution is the highest level of decree issued by the pope. The use of the term constitution comes from Latin constitutio, which referred to any important law issued by the Roman emperor, and is retained in church documents because of the inheritance that canon law received from Roman law. By their nature, apostolic constitutions are addressed to the public. Generic constitutions use the title apostolic constitution, and treat on solemn matters of the church, such as the promulgation of laws or definitive teachings. The forms dogmatic constitution and pastoral constitution are titles sometimes used to be more descriptive as to the document's purpose. Apostolic constitutions are issued as papal bulls because of their solemn, public form. ==Language of canon law==

Translation of Latin originals In general, the Holy See does not give its assent to translations of the Latin originals (so-called "'authentic' translations"); the Holy See is content to publish the Latin alone, as Latin is the official language of canon law. Lex and jus Canon law incorporates two main terms that are translated in English as "law": and or . Various canonical texts use one or both of the terms in varying contexts. Lex is Latin for one sense of the English term law. In the canon law of the Catholic Church, refers to law which has been formulated in written form and promulgated by competent authority. While this is the usual sense of "law" in modern legal systems, the legal system of the Catholic Church distinguishes this from , which refers to the oral teachings, practices, customs, theological understandings of liturgy, and liturgical practices generally prior to the Council of Nicea in AD325, when written legislation became the normative means of communicating Church law. takes several forms: :*Decrees or canons of ecumenical councils. :*Decrees or canons of regional Church councils or synods (regionally binding) :*Decrees (or decretals) of the Pope. :*Canon law (binding either universally or by rite) Jus or , the source of the English term "justice", can be translated as "law" as well but, in the canon law of the Catholic Church, it refers specifically to custom, practice, or "Tradition" as opposed to formal written enactments (). Much Church legislation, unless otherwise stated, is the development or restatement of earlier law, with particular focus given to the oral tradition from apostolic teaching. The Early Church, which existed under varying degrees of persecution in the Roman Empire prior to Constantine I in the early fourth century, was not in a position to gather large councils for the purpose of legislation or theological clarification prior to the First Council of Nicaea in 325. Thus, its early law was largely unwritten, but instead existed in the practices, customs, and teachings of the early Christian community. An oral tradition was passed from the apostles to the bishops, and from bishops and priests to the faithful through their preaching and way of life. Some of what is included in the term would be interpretations of particular scriptural passages, theological understandings of the liturgy, and liturgical practices themselves. Evidence for the content of this oral tradition of teaching is found among the writings of the Early Church Fathers as well as in the later formal legislation of the Church. Laws formalized as after 325 are sometimes interpreted as having "new" content but this was not usually the case. Most Church legislation is either a development of prior teaching or practice or re-affirmation of teaching or practice, unless otherwise expressly stated. ==Principles of law==

Dispensation In the canon law of the Roman Catholic Church, a dispensation is the exemption from the immediate obligation of law in certain cases. Its object is to modify the hardship often arising from the rigorous application of general laws to particular cases, and its essence is to preserve the law by suspending its operation in such cases. Since laws aimed at the good of the entire community may not be suitable for certain cases or persons, the legislator has the right (sometimes even the duty) to dispense from the law. Dispensation is not a permanent power or a special right as in privilege. If the immediate basis for the right is withdrawn, then the right ceases. There must be a "just and reasonable cause" for granting a dispensation. The judgement regarding what is "just and reasonable" is made based upon the particular situation and the importance of the law to be dispensed from. If the cause is not "just and reasonable" then the dispensation is illegal and, if issued by someone other than the lawgiver of the law in question or his superior, it is also invalid. If it is uncertain as to whether a sufficiently "just and reasonable cause" exists, the dispensation is both legal and valid. Some clauses of the dispensation rescript can constitute conditions sine quâ non for the validity of the dispensation. Matrimonial dispensation A matrimonial dispensation is the relaxation in a particular case of an impediment prohibiting or annulling a marriage. Matrimonial dispensations can be either to allow a marriage in the first place, or to dissolve one. It may be granted: (a) in favour of a contemplated marriage or to legitimize one already contracted; (b) in secret cases, or in public cases, or in both; (c) in foro interno only, or in foro externo (the latter includes also the former). Power of dispensing in foro interno is not always restricted to secret cases (casus occulti). These expressions are by no means identical. When a matrimonial impediment is common to both parties the bishop, in dispensing his own subject, dispenses also the other. By virtue of his power of jurisdiction, a bishop can dispense from those prohibent impediments of ecclesiastical law which are not reserved to the pope, and even from such reserved impediments under certain conditions. He may also, under certain conditions, dispense from diriment impediments. Sufficient causes for matrimonial dispensations are divided into canonical causes, i. e. classified and held as sufficient by the common law and canonical jurisprudence, and reasonable causes, i.e. not provided for nominally in the law, but deserving of equitable consideration in view of circumstances or particular cases. Matrimonial nullity Promulgation Promulgation is the act by which the legislator manifests to those subject to his jurisdiction the decision that he has made and makes known to them his intention to bind them to the observance of his law. Without having been promulgated, the canonical law in question has no legal effect, since promulgation is "an essential factor of legislation" and "an absolute condition for the effectiveness of a law". It seems indisputable that the essential element of a law is the will of the legislator, but it is clear that the legislator should make known his will and intention in one way or another. This manifestation is the promulgation of the law, which is not necessarily distinct from the very elaboration of the law, provided that this takes place by external acts. Once promulgation takes place, a canonical law acquires its last "essential condition" and takes immediate effect, subject to the vacatio legis imposed by universal law, or by the particular legislator issuing a law (see section below). Promulgation is a "formal and fundamental element" of canon law. For the purposes of canonical jurisprudence, promulgation is equivalent to publication, although the promulgation of a law must not be confounded with its publication, the object of the first being to make known the will of the legislator, of the second to spread the knowledge of legislative enactments among subjects bound to observe them. Revocation The act of recalling or annulling, the reversal of an act, the recalling of a grant, or the making void of some deed previously existing. This term is of wide application in canon law. Grants, laws, contracts, sentences, jurisdiction, appointments are at times revoked by the grantor, his successor or superior according to the prescriptions of law. Revocation without just cause is illicit, though often valid. Laws and customs are revoked when, owing to change of circumstances, they cease to be just and reasonable. Concordats (q.v.) are revocable when they redound to the serious injury of the Church. Minors and ecclesiastical institutions may have sentences in certain civil trials set aside (Restitutio in integrum). Contracts by which ecclesiastical property is alienated are sometimes rescindable. A judge may revoke his own interlocutory sentence but not a definitive judicial sentence. Many appointments are revocable at will; others require a judicial trial or other formalities. Vacatio legis In principle, a law becomes binding from the time of its promulgation. But because there are often reasons that the immediate efficacy of a law would be detrimental to those upon whom it enjoins, the legislator often orders a delay—vacatio—in the law's applicability. In Latin canon law, the vacatio legis is three calendar months after promulgation for universal laws, and one calendar month after promulgation for particular laws, unless the law itself establishes a longer or shorter period of time. Roman Catholic canon law also lays down rules for lawful placing of the act. ==Principles of legal interpretation==

Canonists have formulated interpretive rules for the proper interpretation of canonical laws. An authentic interpretation is an official interpretation of a statute issued by the statute's legislator. An authentic interpretation has the force of law. Authentic interpretation Besides the Pope, who has plenary legislative power, there are several other legislative authorities in the Roman Catholic Church with varying degrees of particular legislative power. Primary examples are diocesan bishops and their equivalents, episcopal conferences, and particular councils. Any of these legislators can issue authentic interpretations of their laws and their predecessor's laws. Legislators also can entrust the power to authentically interpret their own laws to someone else. For the 1983 Code of Canon Law, the Code of Canons of the Eastern Churches, and other papal laws, the pope has delegated the authority to issue authentic interpretations to the Pontifical Council for Legislative Texts. Magisterial interpretation When it is not possible for a law to be authentically interpreted, recourse must be had to what is called magisterial, or doctrinal, interpretation, for which rules of law have been formulated. The words of a law must be understood according to their usual signification, unless it is certain that the legislator intended them to be taken in another sense, or the rules of law dictate another interpretation. In all interpretations, however, the meaning of the words is to be preferred which favours equity rather than strict justice. The provisions of a previous statute are not presumed to be changed beyond the express meaning of the words of a new law. No words of a law are ever presumed to be superfluous. In interpreting a law the words must be considered in their context. When the words of a law are doubtful the presumption is in favour of the subjects, not of the lawgiver. Derogation Derogation is the partial suppression of a law, as opposed to abrogation—total abolition of a law by explicit repeal—and obrogation—the partial or total modification or repeal of a law by the imposition of a later and contrary one. Derogation differs from dispensation in that it affects everyone, whereas dispensation applies to specific people affected by the law. Obrogation Obrogation is a term in the jurisprudence of canon law that refers to the enacting of a contrary law that is a revocation of a previous law. It may also be the partial cancellation or amendment of a law, decree, or legal regulation by the imposition of a newer one. Obrogation should not be confused with abrogation, which is the explicit repeal of a law, in whole or in part. Computation of time Months are computed according to the calendar from the date of publication. while a "calendar month" is a continuous month. As stated above, a standard is now computed according to calendar months rather than by canonical months. For example, if a law is promulgated on 2 November and the is 3 months, then the law takes effect after 92 days on 2 February. If the law were specifically enacted to use canonical months instead, it would take effect after 90 days on 31 January. ==See also==