(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