Assessment

Final Examination 100 %

Module Aims

As in every organised human society, there is also a law in the Church. The Church is a society sui generis, both a spiritual and visible community, theologically defined, a community of faith founded by Christ to continue his work of salvation in the world, a complex reality composed of a human and divine element. This makes canon law in the Church distinct from any civil political community, and this is reflected in its organisation and in its law. For this reason the module explores the anthropological and theological foundations of canon law and equips students to distinguish the various sources and literary form of canon law: divine, natural, human / ecclesiastical law, custom, exhortations, admonitions, etc. all of which form the corpus of canon law.

As a theological science with a juridical dimension, the module explains elements canon law borrows from civil juridical culture and jurisprudence for the law of the Church to operate: juridical persons, juridical acts, administrative acts, decrees, prescription, offices and the exercise of the power of governance (legislative, executive and judicial power), etc.

The Code of 1983 contains a ‘bill of rights’ for all the Church’s members, and rights specific to the laity, clerics and religious which are classified as human, ecclesial or ecclesiastical rights. The module also examines how all the rights of the baptised are understood, interpreted, exercised and vindicated in the particular context of the Church as ‘communion’.

The Church is a community of saints and sinners. The rationale for the Church’s penal law is explained and the key elements of the recent reform of the Church’s penal law are highlighted.

Indicative Syllabus

1. The anthropological and theological foundations of law in the Church
2. Sources of Law: Divine, Natural and Ecclesiastical Law
3. Canon and Civil Law
4. Juridical Acts and Administrative Norms
5. Physical and Juridical Persons
6. Exercising the Power of Governance in the Church
7. Rights in the Church as ‘Communion’
8. Rights and Duties of Clerics
9. Recent Revision of Penal Law

Learning Outcomes

• — Recognise and explain the anthropological and theological foundations of the law of the Church and the distinctive character of canon law vis-à-vis civil law.
• — Differentiate between the different sources and authority of canon laws and to illustrate how to interpret and apply the different categories of canon law.
• — Demonstrate how elements of civil law and jurisprudence operate within canon law.
• — Distinguish between the different categories of rights recognised in canon law and compare how rights of the baptised are understood and exercised in civil society and the Church as ‘communion’.
• — Trace and explain the complex history of the obligation of clerical celibacy and other rights and obligations of clergy. 
• — Identify what processed are available for vindicating rights in the Church.
• — Examine recent developments in penal law and procedures. 

Bibliography

• — The Code of Canon Law (1983)
• — The New Commentary on the Code of Canon Law (New York 2000)
• — The Canon Law: Letter and Spirit (London 1995)
• — J. Coughlan, Law, Person and Community (Oxford Press 2012)
• — C.J. Errázuriz, Justice in the Church: A Fundamental Theory of Canon Law (Montréal 2009)
• — J.T. Martín de Agar, A Handbook on Canon Law (Montréal 2007)
• — B. Ferme, Introduction to the Sources of Canon Law (Montréal 2007)
• — J. Coriden, Introduction to Canon Law (New York 2004)