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Canon law (from Ancient Greek: κανών, kanon, a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members.
Philosophy and theology shape the concepts and self-understanding of canon law as the law of both a human organization and as a supernatural entity, since the Catholic Church believes that Jesus Christ instituted the church by direct divine command, while the fundamental theory of canon law is a meta-discipline of the "triple relationship ...
The jurisprudence of canon law is the complex of legal principles and traditions within which canon law operates, while the philosophy, theology, and fundamental theory of Catholic canon law are the areas of philosophical, theological, and legal scholarship dedicated to providing a theoretical basis for canon law as a legal system and as true law.
The Code of Canon Law: A Text and Commentary. New York: Paulist Press, 1985. Commissioned by the Canon Law Society of America. John J. Coughlin. Canon Law: A Comparative Study with Anglo-American Legal Theory. Oxford: Oxford University Press, 2010. Fernando Della Rocca. Manual of Canon Law. Trans. by Anselm Thatcher.
In the 1917 Code of Canon Law, the word "regulars" was officially defined as those who have made their vows in a "religion" (what in the 1983 Code is called a religious institute). [8] The technical juridical term "regular" does not appear, as such, in the current 1983 Code of Canon Law, which does, however, use the phrase "canons regular". [9]
The judgment regarding what is "just and reasonable" is based upon the particular situation and the importance of the law to be dispensed from. [6] 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 . [ 6 ]
According to Benedict XVI, the instructions of the Magisterium regarding canon law and its interpretation are binding per se insofar as it teaches of the law. The juridically binding instructions on canonical interpretation of the Magisterium are primarily given in the allocutions of the Supreme Pontiffs to the Tribunal of the Roman Rota .
presumption of law (juris), or that which is deduced from some legal precept or authority expressed in law or based upon precedents or similarities, and presumption of a judge or man ( judicis or hominis ), when the law is silent on the subject and an opinion must be formed according to the way that circumstances and indications would affect a ...