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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 parish is a "juridic person" under canon law, and thus recognized as a unit with certain rights and responsibilities. [14] It is not autonomous, however. The diocesan bishop has the sole power to erect, suppress, or alter parishes, after consulting with his Presbyteral Council .
to exercise in accordance with canon law the works proper to the institute while observing any conditions that the bishop has attached to his granting of consent; for clerical institutes to have a church in a place agreed on with the bishop and to perform sacred ministry in accordance with canon law. [6]
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 canon law of the Catholic Church, a distinction is made between the internal forum, where an act of governance is made without publicity, and the external forum, where the act is public and verifiable. In canon law, internal forum, the realm of conscience, is contrasted with the external or outward forum; thus, a marriage might be null ...
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.
Canon 517 § 1 of the 1983 Code of Canon Law, provides a generic norm for constituting a team of priests to look after one or more parishes; ubi adiuncta id requirant (when circumstances require it), which concedes flexibility to the diocesan bishop in organising the structures for pastoral care within his diocese: "When circumstances require ...