Canon Law Terms Flashcards
Administration (of Temporal Goods)
The normal acquisition, expenditure, and use of the temporal goods of the Church to discharge it responsibilities in the public sphere (paying bills, negotiating contracts, etc) in support of its mission.
Administration, extraordinary (of Temporal Goods)
See: Extraordinary administration.
Alienation
The loss or placing in jeopardy items of historic patrimony, items of artistic value, or monies in excess of the amount determined by the Holy See to require the permission of the Holy See.
Auxiliary Bishop
A bishop provided to a diocesan bishop, usually at the diocesan bishop’s request, to assist him with the pastoral care of the diocese.
Auxiliary Bishop with Special Faculties
A bishop assigned by Rome, often at the Holy Father’s initiative, to assist the diocesan bishop by exercising some of the powers usually reserved to the diocesan bishop; these “special faculties” are identified by the Holy Father and assigned to the auxiliary bishop, even if the diocesan bishop is not willing to transfer them. Cf. Auxiliary Bishop and Coadjutor Bishop.
Term
Definition
Bishop
One who has been ordained to the order of the episcopacy. Possesses the fullness of apostolic succession and membership in the College of Bishops, as long as he maintains full hierarchical communion with the Holy Father and with the members of the College. He posses the fullness of teaching, sacramental and governance office.
Bishop of Rome
The Holy Father. By the title of Bishop of Rome the duly elected Pope becomes the successor to Peter and acquires primacy over the universal Church.
Canonical Provision
See: provision, canonical.
Capacity
Capacity describes the quality(ies) of a person or the status of a person in the Church; it is often connected with validity (q.v.) because a person who lacks capacity may not be able to posit a juridic act (q.v.) because he or she lacks a quality necessary to perform or receive the action. Example: only a validly ordained priest may confect the eucharist; all others lack the capacity. Example: only a baptized male may be ordained to the priesthood; all others lack the capacity to receive the order.
Coadjutor Bishop
A special category of auxiliary bishop who, in addition to other responsibilities assigned by law or by the diocesan bishop, has the right of full succession when the diocese becomes vacant.
Election (of a Candidate for Office)
Election occurs when a group has the acquired right to choose a candidate to fill a canonical office; this candidate may or may not require confirmation by another authority, and the elected candidate may also be subject to the free conferral of that authority.
Extraordinary administration (of Temporal Goods)
The loss or placing in jeopardy the temporal goods of a juridic person (i.e., a diocese) in any amount above the minimum and below the maximum limits set by the Holy See; extraordinary administration requires the consent or consultation of more groups before it can be allowed.
Free Conferral (of an Office)
Free conferral describes the right of a ecclesiastical authority to fill an office under his juridic control, without any group or person asserting a right to name candidates for that office. (Acceptance of the office should also be fee.)
General Decree
Law in the formal sense; must be promulgated. Requires legislative authority and no one below the Supreme Pontiff may delegate legislative authority.
Invalid (adj.); invalidity (n.)
An invalid act is one which did not have the juridic effect (q.v.) for which it was performed; invalidity is the quality of not being valid.
Juridic act
A juridic act is one placed by legitimate ecclesiastical authority which changes the rights and obligations of a person or persons, or which changes the status or condition of a place or thing. The result of a juridic act posited according to the requirements of law is a juridic effect. Example: the act of a witness in the name of the Church asking for and receiving the manifestation of consent of both parties is a juridic act which results in a marriage.
Juridic effect
Juridic effect is the result of an action taken by legitimate ecclesiastical authority. It is a change (creation, removal or alteration) in the rights and obligations of a person or the character of a place or thing. Examples: marriage has the juridic effect of establishing rights and obligations between the husband and the wife and of both of them to children.
Law, Divine
That law which is based upon divine revelation (contained in scripture) and part of the Tradition of the church who defines it to be of the deposit of faith or a similar term. Divine law is universal.
Law, Ecclesiastical
Merely ecclesiastical law is law may by the divinely instituted authority of the Church to govern the general welfare of the members of the Church, often to maintain order and discipline. It usually finds its roots in divine or natural law and it can never be contrary to either divine or natural law.
Law, Natural
Natural Law sees the work of God in the world of nature; through the use of divinely given reason, a person may understand and appreciate God revealing himself in nature and ordaining an order that governs nature.
Law, Particular
Particular law is law that binds in a particular territory, usually a diocese or other particular church. It may also bind within the territory of a conference of bishops. Persons not in that territory are not bound by particular law.
Law, Proper
Proper law is law that binds a person (physical or juridic) because he or she is a member of a particular group; usually proper law binds regardless of where a person is because it is not limited to a particular territory.
Law, Universal
Universal law binds every person (physical or juridic) wherever he or she is located; it is usually under the authority of the universal church (the Supreme Legislator) alone to establish law that binds every member of the Church
