|
Updated
8 Dec 2008
"To work for the proper
implementation of the Code is to work for the up-building of the
Church herself. It is to work for the salvation of the world. It
is to play an extraordinarily constructive role in continuing the
redemptive mission of Christ himself."
Pope John Paul II
Background on
the Roman Rota
Common
Canonical
Citations |
|
Canon
Law
Canonistics
|
1.
A. Codex Iuris
Canonici auctoritate Ioannis Pauli PP. II promulgatus (1983). [The 1983 Code
of Canon Law, Latin Text, approx. 1.45MB]
There are several
places on the Internet where the Latin text of the 1983 Code may be found. Most
of these, however, contain errors. The version posted here has been
diligently examined by Dr. Peters, but some errors might still haunt the file.
Anyone spotting such errors is earnestly requested to email
the Webmaster
so that prompt corrective action might be taken.
1.
B. Other Electronic versions of the 1983 Code of Canon Law
1.
Latin
text of the 1983 Code, but including extensive
cross-links, is available at IntraText
CT.
2.
English
text of the 1983 Code, available at IntraText, as housed on the Vatican's
website. The text appears to be the revised American English translation,
but it bears a Vatican (Libreria Editrice Vaticana) copyright.
3.
British-Irish English translation of the 1983 Code, including extensive
cross-links, available at IntraText
CT.
4.
Polish
Translation of the 1983 Code of Canon Law , including extensive
cross-links, available at IntraText
CT.
5.
German
Translation of the 1983 Code of Canon Law , including extensive
cross-links, available at IntraText
CT.
6.
Spanish
Translation of the 1983 Code of Canon Law , including extensive
cross-links, available at IntraText
CT.
7.
Italian
Translation of the 1983 Code of Canon Law , including extensive
cross-links, available at IntraText
CT.
8.
French
Translation of the 1983 Code of Canon Law , including extensive
cross-links, available at IntraText
CT.
9.
Slovak
Translation of the 1983 Code of Canon Law , including extensive
cross-links, available at IntraText
CT.
|
Christ
among the Doctors
Spanish
Master, c. 1496
|
|
Key
Figures in the Re-Codification of Canon Law
|
|
Pope
John XXIII |
Card.
Pericle
Felici |
Card.
Castillo-Lara |
Pope
John Paul II |
The complex process of the re-codification of canon law began in early 1959 and was
completed in late 1982. Dr. Peters' textual history of the reform of the Code of
Canon Law, Incrementa in Progressu 1983
Codicis Iuris Canonici, will be released soon from Wilson & Lafleur.
Watch this website for more details as they are available.
|
II.
Pontifical
Council for the Interpretation of Legislative Texts (formerly: "The
Pontifical Commission for the Authentic Interpretation of the Code of Canon
Law".)
This
council, part of the Roman Curia, is (except for the Pope) the only office
authorized to interpret "authentically" the meaning of the Catholic
Church's various legislative texts, chiefly, but by no means exclusively, the
1983 Code of Canon Law (1983 CIC 16, & ap. con. Pastor Bonus, art.
154). The President of the Code Council is Abp. Juliano Herranz of Spain. |
Abp.
Julian Herranz Casado |
Excerpts
from a recent Interview with Cdl. Herranz-Casado
VATICAN
CITY, OCT. 20, 2003 (Zenit.org).- The
president of the Pontifical Council for the Interpretation of Legislative Texts
believes that his appointment as cardinal is an acknowledgment of the pastoral
importance of canon law.
Spanish-born Archbishop Julián Herranz Casado, 73, will be among the new
cardinals elevated by John Paul II in the consistory on Tuesday. Archbishop
Herranz will be the second cardinal who is a member of the Personal Prelature of
Opus Dei.
Q: What has this call to the College of Cardinals meant for you?
Archbishop Herranz: For me, this choice of the Holy Father means more
than an acknowledgment of my personal qualities, which are few, but, a triple
manifestation of appreciation. In the first place, I would say of canon law, of
the laws of the Church, as the Pontifical Council for the Interpretation of
Legislative Texts, which I preside over, is concerned with this very important
pastoral function of the Church.
In the second place, I think it has been an expression of thoughtfulness toward
Spain… because of the spiritual richness of its mystics, and because of the
vigor and intellectual creativity of so many theologians and canon lawyers of
world renown. In the third place, I think this appointment is yet another
expression of appreciation of the Opus Dei, the institution to which I belong.
…
Q: Do you think that in recent years interest in legislative texts and canon
law has waned in the Church for the benefit of mere pastoral action?
Archbishop Herranz: No, no, just the opposite. I think there has been a
recovery of the awareness that the pastoral "munus," pastoral action,
is like a tripod. It rests on three different functions which are, nevertheless,
inseparable: the teaching function, which we call "munus docendi"; the
liturgical and sacramental function, "munus santificandi"; and the
governing function, "munus regendi" which consists above all in having
the laws of the Church applied.
I recently reminded the Holy Father: "Neither in theory nor in practice can
we do without the exercise of the “munus regendi,” as a means to declare,
determine, guarantee and promote intra-ecclesial justice."
They are three absolutely necessary functions. If one is not applied, the tripod
collapses. Pastoral action would be incomplete, immature; more than that, it
would seem to give up, to be comfortable and even harmful, if there was no
government. Of course, sometimes it is easier than others to have the laws of
the Church respected and applied. It might be that the other two are easier, but
the latter is necessary.
Q: Is there not in some sectors a clash between charism and law, charity and
law?
Archbishop Herranz: In the very recent past, there was much demagogy made
of these false comparisons, which in reality are inappropriate for three
principal reasons. In the first place, because Jesus Christ founded the Church,
not only as a community of faith, hope and charity, but as a hierarchically
organized society. And every society needs law. Therefore, the existence of law
in the Church is a foundational will of Christ.
The second reason is that the whole mission of the Church, the whole evangelical
message, is concretized -- as Jesus summarized it at the Last Supper -- in the
"new commandment" of charity. But it must not be forgotten that the
first step […] of charity is justice. And then, in the third place, one must
keep in mind that law in the Church is not -- as some think -- a mere instrument
of power in the hands of the hierarchy.
It is the totality of rights and duties that help all the faithful of the
Church, from the Pope to the last baptized person, to participate actively and
in an orderly manner in the unique and common mission of taking Christ to the
world, each one according to his own vocation and canonical standing. …
ZE03102030
IlI.
Codex Iuris Canonici Pii X Pontificis Maximi iussu digestus Benedicti Papae XV
auctoritate promulgatus (1917).
http://www.theol.u-szeged.hu/~laurin/cic1917.html
|
Pope
St. Pius X
Launched
the
Codification
of Canon Law |
Pietro
Cardinal Gasparri
Architect
of the
Pio-Benedictine
Code |
Pope
Benedict XV
Promulgated
the
1917
Code of Canon Law |
"Every man has his special mission in life. Mine was the codification of
Canon Law and the support of Benedict during the [First World] War. These two
tasks are now completed." Cdl. Gasparri on 22 Jan. 1922. His Eminence did
not mention his: 1) authoring of De
Matrimonio in 2 vols., the most influential treatise on marriage in since
Gratian; 2) negotiation of the Lateran Treaty seven years later, and 3) editing
of 7 out of 9 volumes of the 1917 Code's Fontes.
Most men would be proud to have accomplished any one of these tasks.
For
a look at the men behind the man behind the 1917 Code,
see Pontifical
Commission for the Codification of Canon Law.
For certain documents associated with the early years of
codified canon law,
see
Selected
Translations for use in studying the 1917 Code.
IV.
Corrections to various
printed Latin editions of the 1983
Code
|
In the course of doing close textual work on the 1983
Code, Dr. Peters has noted the following errors in various printed editions of the 1983 Code. These lists will be updated as other errors
are discovered. The underlined words are those that were printed
erroneously in the various editions, and [bracketed] words should not
have appeared. Discrepancies in punctuation are
not marked, nor are merely orthographic variations. These tables are a work-in-progress. Those
noting additional errors are kindly requested to notify Dr. Peters so
that corrections can be posted here. |
1. Codex Iuris Canonici auctoritate
Ioannis Pauli PP. II Promulgatus, (Typis Polyglottis Vaticanis [1983].)
This was the very first
bound version of the 1983 Code to appear outside of the Acta
Apostolicae Sedis. There are too many errors in this printing to list here.
Copies of this work should be discarded.
2. Code of Canon Law, Latin-English
Edition, prepared under the auspices of the Canon Law Society of
America, (Canon Law
Society of America: Washington, DC, 1983). ISBN:
0-943616-19-0/ 0-943616-20-4.
| Provision |
Should Read |
| Canon 79 |
…firmo praescripto can. 81. |
| Canon 144 |
…quibus in cann. 882,
883, 966… |
| Canon 174 § 3 |
…pro non appositis
habeantur… |
| Canon 310 |
…privata quae uti
persona iuridica... |
| Canon 382 § 4 |
…fiat, [praesente] clero et
populo adstantibus. |
| Canon 385 |
…cura vocationibus
sacerdotalium et missionalibus ... |
| Canon 395 § 3 |
…et Corporis et Sanguinis
Christi... |
| Canon 447 |
…pro christifidelibus [eius]
sui territorii… |
| Canon 458, n. 1 |
…communicare, itemque
alia [etiam] acta… |
| Canon 483 §
1 |
…fidem facit, [et qui] quod
attinet sive ad quamlibet… |
| Canon 527
§ 2 |
…paroeciae [communicata] notificata,
locum tenet... |
| Canon 542 |
…ad normam can. 517, §
1, alicuius... |
| Canon 555 § 2, n. 1 |
…ad normam can. 279, §
2; |
| Canon 749 § 2 |
…coadunati qui, ut
fidei… |
| Canon 762 |
…ministri [cum] inter
quorum praecipua… |
| Canon 779 |
…communicationis socialis
instrumentis… |
| Canon 780 |
…idemque Ecclesiae… |
| Canon 822 § 3 |
…etiam his
instrumentis… |
| Canon 924 § 1 |
…eucharisticum sacrificium offerri
debet… |
| Canon 1059 |
…etsi una tantum pars sit catholica,
regitur ... |
| Canon 1431 § 1 |
...promotoris iustitiae [a]
lege praecipiatur... |
| Canon 1446 § 3 |
...ad normam cann. 1713-1716... |
| Canon 1508 § 2 |
...deposuerit in iudicio. |
| Canon 1673 |
...reservatae, competentia
sunt: |
| Canon 1742 § 1 |
... a consilio presbyterali constituto,... |
3. Commento
al Codice di Diritto Canonico (Pontifica Universita Urbaniana: 1985).
| Provision |
Should Read |
| Canon 530 n. 7 |
…extra ecclesiam sollemnes; |
| Canon 924 § 1 |
…eucharisticum sacrificium offerri
debet… |
| Canon 804 § 2 |
…sollicitus sit ut
qui ad... |
4. Pontificia Commissio Codici Iuris Canonici Authentice Interpretando, Codex Iuris
Canonici: Fontium Annotatione et Indice Analytico-Alphabetico Auctus
(Libreria Editrice Vaticana: 1989) ISBN: 88-209-1610-X.
| Provision |
Should Read |
| Canon 174 § 3 |
…pro non appositae
habeantur. |
| Canon 225 § 1 |
…divinum salutis nuntium
ab universes… |
| Canon 231 § 2 |
…quoque
iuris civilis praescriptis, necessitatibus… |
| Canon 242 § 1 |
…seminario
tradendae definiantur summa principia… |
| Canon 263 |
…sustentationi necnon magistrorum emunerationi… |
| Canon 851 |
…debite praeparetur oportet;
itaque:… |
| Canon 998 |
…confertur eos liniendo oleo atque verba … |
| Canon 1018 § 1, n. 2 |
…Pro-vicarius et Pro-praefectus
apostolicus. |
| Canon 1026 |
…ab iisdem recipiendis avertere. |
| Canon 1083 § 1 |
Vir ante decimum sextum aetatis annum… |
| Canon 1258 |
...sed etiam quaelibet
persona iuridica... |
| Canon 1524 § 1 |
In quolibet statu... |
| Canon 1698 § 1 |
Una Sedes Apostolica
cognoscit de… |
| Canon 1720, n. 3 |
...si de delicto certo constet… |
| Canon 1728 § 1 |
…servatis specialibus normis de
causis… |
5. Code of Canon Law, Latin-English Edition: New
English Translation, prepared under the auspices of the Canon Law Society of
America, (Canon Law Society of America: Washington, DC, 1999). ISBN:
0-943616-79-4.
| Provision |
Should Read |
| Canon 120 § 1 |
...ad normam statutorum esse
desierit. |
| Canon 193 § 1 |
...nisi ob graves causas atque... |
| Canon 520 § 2 |
... commissio, de qua in
§ 1, fieri... |
| Canon 1259 |
...iustis modis iuris
sive naturalis... |
| Canon 1269 |
...si in dominio
privatorum sunt... |
| Canon 1289 |
...arbitraria dimissione
damnum... |
| Canon 1312 § 1, n. 1 |
...seu censurae, quae in
cann. 1331-1333... |
V.
Eastern Canon Law
1. All of the Eastern Catholic Churches are
governed, with rare exceptions, not by the 1983 Code of Canon Law, but
rather by their own Code as promulgated by Pope John Paul II on 18 October 1990
(going into effect 1 October 1991). The text
of this code is available in Latin and English as follows: Code
of Canons of the Eastern Churches: Latin-English (Canon Law Society of
American Washington, DC, 1992) ISBN: 0-943616-52-2 or 0-943616-53-0.
Click here for a
English
version (Intra-Text) of the CCEO.
Click here for a Latin-Polish
PDF version of the CCEO.
Click
here for a Romanian
version (Intra-Text) of the CCEO.
or just Click
here to go to Ulrich Rhode's site featuring several CCEO text links.
This 1990 Code replaces the
(incomplete) canon law that had
been in effect for Eastern Catholics up to that time. Pope Pius XII had
promulgated certain parts of Eastern canon law in a series of motu proprios, as
follows:
m.p. Crebrae allatae [on marriage law] (22 Feb
1949), AAS 41 (1949) 89-119.
m.p. Sollicitudinem Nostram [on procedural law]
(6
Jan 1950), AAS 42 (1950) 5-120.
m.p. Postquam Apostolicis Litteris [religious,
temporal goods, terms] (9 Feb 1952), AAS 44 (1952) 65-152.
m.p. Cleri sanctitati [law of
persons] (2 Jun 1957) AAS 49 (1957) 433-603.
These four documents,
all now abrogated, were never
published officially as a set, but some private bindings, known unofficially as
the Codificatio Iuris Canonici Orientalis,
I-IV, are occasionally found.
The "fontes" edition of the Eastern Code is:
Pontificium Consilium de
Legum Textibus Interpretandis, Codex Canonum Ecclesiarum Orientalium auctoritate
Ioannis Pauli PP. II promulgatus, Fontium Annotatione Auctus (Libreria Editrice
Vaticana, 1995)
2. Most pontifical faculties of [western] canon law
offer only a basic survey course in Eastern canon law. One however, offers course
work leading to a doctorate in Eastern canon law, a J.C.O.D., namely:
Faculty
of Oriental Canon Law, Piazza S. Maria
Maggiore 7, 00185 Rome, ITALY.
In addition, one school offers a "diploma" in Eastern canon law,
namely the Faculty of Oriental Law, Dharmabam
Vidya Kshetvam. There is, as yet, no pan-textual commentary on the Eastern
Code.
3. On-line
laws of the Syro-Malabar Church.
Vl.
Canonical Institutions
Canon
Law Faculties
Canon
Law Societies
Canon Law Journals
(hosted by Rev. Ulrich Rhode, JCD)
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