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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.
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 1917 Code was later replaced by the 1983 Code of Canon Law, the codification of canon law currently in effect for the Latin Church. The Corpus Juris Canonici was used in canonical courts of the Catholic Church such as those in each diocese and in the courts of appeal at the Roman Curia such as the Roman Rota .
Regulæ Juris, [1] also spelled Regulae iuris (Latin for 'Rules of Law'), were legal maxims which served as jurisprudence in Roman law. [2]The term is also a generic term for general rules or principles of the interpretation of canon laws of the Catholic Church; in this context, they remain principles of law used in interpreting Catholic canon law, despite no longer having any binding forces ...
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.
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 ...