(1) LAW
DEFINITION: “An ordinance of reason promulgated by competent authority for the sake of the common good”
CHURCH LAW
SOURCES
Code of Canon
Liturgical Law
Motu Proprios
Salvation of Souls
Divine, Natural, Ecclesiastical, Theology, Discipline, Best Praxis
Divine Law
Any law willed by God
Ecclesiastical Law
Natural Law
Scripture & Tradition
A body of unchanging moral principles which are universally knowable by means of human reason
Human reason & conscience
The law of the Catholic Church which binds only Catholics which is created, abolished, and dispensed by a competent authority.
promulgation by a competent authority
DISTINCTIONS IN LAW
Right vs. Duty
Validity vs Laciety
Lus vs Lex
lus= rights/laws (derecho)
Lex = regulations/law (ley)
Right = A moral or legal entitlement to have or obtain something or to act a certain way
Duty = An obligation to have or obtain something or to act a certain way
Validity = indicates whether something occurred (either legally or in actuality)
Liceity = indicates whether something occurred in a lawful way
General Concepts of Law
Ecclesia Supplet
Epikeia / Canonical Equity
Dispensation
Refers to the practice of allowing exceptions to the application of law to correct for imperfections in the law
Canon 144 §2: The Church can supply faculties retroactively when they were lacking for Confirmations, Marriages, and Confessions
Definition: The suspension of general rules of law by a competent authority
Only ecclesiastical or disciplinary laws or personal vows/oaths can be dispensed by the competent authority.
These faculties cannot be applied to (1) Incapable ministers (2) Invalidly administered Sacraments (3) Any other sacraments other than Confirmation, Marriage, and Confession
Can only be applied within its proper limits:
Can only be applied to ecclesiastical law, not divine
It must be reasonable and just
There must be a grave need
You are dispensing something which would commonly be dispensed (cf. can 1752)
There must be no ability to contact the ecclesiastical authority
The 3 Munera (Priest, Prophet, King)
Munus Docedi: The Teaching Office
Munus Regendi: The Ruling Office
Munus Sanctificandi: The Sanctifying Office
Common error of fact, common error of law, positive doubt of fact, positive doubt of law