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The canon law of the Catholic Church has all the ordinary elements of a mature legal system: laws, courts, lawyers, judges. [8] 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]
The Catholic Church utilizes the oldest continuously functioning legal system in the West, [1] 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. [2]
In the Catholic Church, canon law is the system of laws and legal principles made and enforced by the church's hierarchical authorities to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the church. [10]
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.
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]
While this is the usual sense of "law" in modern legal systems, the legal system of the Catholic Church distinguishes this from jus, which refers to the oral teachings, practices, customs, theological understandings of liturgy, and liturgical practices generally prior to the Council of Nicea in AD 325, when written legislation became the ...
In this post-Reformation period of political change, canonical jurists sought to defend within the categories of the public law the right of the Catholic Church to make and enforce the law. [13] Hence the name, jus publicum ecclesiasticum—"public ecclesiastical law". The Church is not merely a corporation (collegium) or part
Prior to the 1917 Code, canon law required that the Roman law of obligations be observed when ecclesiastical moral persons (termed "juridic persons" in the 1983 Code, except for the Holy See and the Catholic Church as such [3]) entered into contracts. Canon 1529 of the 1917 Code made a shift regarding contract law, recognizing the civil law ...