Definitions Flashcards
Ius canonicum
that which is just in the Church
A law
a general and abstract written norm by which the legislator provides for the common good of the community entrusted to his care
To promulgate
to cause to emerge into public view
Gratian on promulgation
laws are established when they are promulgated, they are strengthened when they are approved by the deeds of those who comply with it
Liturgical laws
those binding the ministers and participants in the rites and ceremonies; the prescribed words, actions, materials to be used
Who are bound by merely ecclesiastical laws (Canon 11)?
Merely ecclesiastical laws bind those who have been baptized in the Catholic Church or received into it, possess the sufficient use of reason, and, unless the law expressly provides otherwise, have completed seven years of age.
How are ecclesiastical laws to be understood (Canon 17)?
in accord with the proper meaning of the words considered in their text and context.
What is text?
The wording of the law
What is context?
the words and sentences in the order and connection which they have with one another
What is penal legality?
nulla poena, sine lege.
A lacuna legis is resolved in light of what four things (c. 19)?
1- laws issued in similar matters,
2- general principles of law applied with canonical equity,
3- the jurisprudence and practice of the Roman Curia, and
4- the common and constant opinion of learned persons.
What is a custom of fact?
the repeated and continuous behavior of a community
What is a legal custom?
an unwritten law obliging persons to do/omit something, introduced by long-continued, free and public acts of a community, with the approbation, express, tacit, or presumed of its lawgiver.
What is canonical administrative law?
the branch of canon law that regulates the composition and activity of the public ecclesiastical administration and the means of challenging its acts, in view of fostering just social relationships and directing the Church, in concrete circumstances, toward her ultimate end
What is a general executory decree?
A norm which more precisely determines methods of applying legislation or urges its observance
What is an instruction?
A document which clarifies the prescripts of laws and elaborates on and determines the methods to be observed in fulfilling them.
What is a singular administrative act?
a unilateral, juridical act of one endowed with the requisite executive power of governance that creates, modifies or extinguishes a subjective juridical situation in a particular case
What are the four types of singular administrative act?
- singular administrative decree that makes a decision
- singular precept
- singular administrative decree that makes a provision
- rescript
What is a singular administrative decree that makes a decision?
A (broadly) coercive act by which the public ecclesiastical administration brings about a change in the juridical condition of a person or institute
What is a singular precept?
A singular administrative act (a decree) which enjoins a person/persons to do or omit something; usually telling them to conform to the law.
What are the three kinds/objects of precepts?
(1) order, positive command (simple precept)
(2) prohibition, negative command (simple precept)
(3) establish a delict (penal precept)
What is a singular administrative decree that makes a provision?
A singular administrative act that advances the common good by bringing about a positive juridical development in the community or in the condition of public persons.
What is a rescript?
A singular administrative act issued in writing by competent executive authority; of its very nature, a rescript grants a privilege, dispensation, or other favor at someone’s request.
What is a favor?
a benign concession for the benefit of its recipient
