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The jurisprudence of Catholic canon law is the complex of legal theory, traditions, and interpretative principles of Catholic canon law. In the Latin Church, the jurisprudence of canon law was founded by Gratian in the 1140s with his Decretum. [1]
The Catholic Church has what is claimed to be the oldest continuously functioning internal legal system in Western Europe, [17] much later than Roman law but predating the evolution of modern European civil law traditions. The history of Latin canon law can be divided into four periods: the jus antiquum, the jus novum, the jus novissimum and ...
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.
It is the second and current comprehensive codification of canonical legislation for the Latin Church of the Catholic Church. The 1983 Code of Canon Law was promulgated on 25 January 1983 by John Paul II [3] and took legal effect on the First Sunday of Advent (27 November) 1983. [4]
The canon law of the Catholic Church is articulated in the legal code for the Latin Church [9] as well as a code for the Eastern Catholic Churches. [9] This canon law has principles of legal interpretation, [10] and coercive penalties. [11] It lacks civilly-binding force in most secular jurisdictions.
A ferendae sententiae penalty is a penalty that is inflicted on a guilty party only after a case has been brought and decided by an authority in the Church. [2] The 1983 Code of Canon Law, which binds Catholics of the Latin Church, inflicts latae sententiae censures for certain forbidden actions.
The official language of the canon law common to all the Eastern Catholic Churches (called "common law" [a]) is Latin. Although Latin is the language of the Latin Church and not of the Eastern Churches , Latin was chosen as the language of the common law because there is no common language in use among all the Eastern Catholic Churches.
Catholic canon law is the set of rules and principles (laws) by which the Catholic Church is governed, through enforcement by governmental authorities. [ clarification needed ] [ citation needed ] Law is also the field which concerns the creation and administration of laws.