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Codex Iuris Canonici 1983. The Sources, Forms, & Pastoral Purposes of the Code. Sources of the Canons. Sacred Scriptures Natural Law Custom (long practice is seen as normative) Conciliar decrees on disciplinary matters Early Church writings Popes (early letters and responses, decretals)
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Codex Iuris Canonici1983 The Sources, Forms, & Pastoral Purposes of the Code
Sources of the Canons • Sacred Scriptures • Natural Law • Custom (long practice is seen as normative) • Conciliar decrees on disciplinary matters • Early Church writings • Popes (early letters and responses, decretals) • Bishops in their own dioceses • Rules of Religious Orders (these sometimes later affected the general rules of the church) • Civil Law on matters which affect religion • Concordats between the Holy See and national governments
Literary Forms of the Canons • Doctrinal Statements • Norms of Action • Exhortations • Admonitions • Directives • Precepts • Prohibitions • Penalties • Procedures • Constitutional elements
Canonical Distinctions • Universal v. Particular • Prescriptive v. Penal • Divine or Human • Invalid v. Illicit • Constitutive • Normalcy v. Emergency • Substantial observance • External forum (public governance) v. Internal forum (forum of conscience)
"Canons" Are Not "Law" • Canons provide a standard for life • Κάnοn = reed; rod; ruler (measuring rod) • Regula = rule; pattern or model • Cf. Advisory opinions of the Roman Senate • Purpose: to facilitate the ordered development of the life of grace & charity within the ecclesial society Viz. James A. Coriden, An Introduction to Canon Law, (New York/Mahwah, N.J.: Paulist, 1991, 2004), 1–34.
Ius Canonicum • Rules which govern the public order of the Roman Catholic Church, including: • Church order/polity • Discipline • Patterns of practice within the faith community • Related to theology; faith-in-practice • Not to suppress charisms, but to organize them to work for edification of entire Church
The Canons Serve the Church • Help us to live out our mission of proclamation & witness of Christ in the world • Provide stable, orderly arrangement of offices and duties • Protect individual rights • Provide for redress of grievances • Educate by reminding community of values and standards • When these things are not happening, some of the canons are not being observed
Supreme Law: Salvation of Souls Classical canonical maxim • Hence, notion of epikeia • Pastoral need supercedes letter of the canons
Discussion • Categorize the canons (I.1-34) • Identify the distinctions made in these canons • What significance do these categories and distinctions have?