1983 Code of Canon Law


The 1983 Code of Canon Law, also called the Johanno-Pauline Code, is the "fundamental body of ecclesiastical laws for the Latin Church". It is the second and current comprehensive codification of canonical legislation for the Latin Church of the Catholic Church. The 1983 Code of Canon Law was promulgated on 25 January 1983 by John Paul II and took legal effect on the First Sunday of Advent 1983. It replaced the 1917 Code of Canon Law which had been promulgated by Benedict XV on 27 May 1917. According to canon 6, the 1983 code of canon law abrogates the 1917 code of canon law and any penal laws made under it that are not contained in the 1983 code.
The 1983 Code of Canon Law is composed of laws called canons.

History

Background

The current Code of Canon Law is the second comprehensive codification of the non-liturgical laws of the Latin Church, replacing the Pio-Benedictine code which had been promulgated by Benedict XV in 1917.
Pope John XXIII, when proclaiming a new ecumenical council for the Catholic Church, also announced the intention of revising the 1917 CIC.

Work

The Pontificia Commissio Codici iuris canonici recognoscendo, which had been established in 1963, worked on revising the 1917 Code of Canon Law through the pontificate of Paul VI, completing the work in the first years of the pontificate of John Paul II.

''Sacræ disciplinæ leges''

On 25 January 1983, with the apostolic constitution Sacrae disciplinae leges, John Paul II promulgated the 1983 Code of Canon Law for all members of the Catholic Church who belonged to the Latin Church. It entered into force the first Sunday of the following Advent, which was 27 November 1983.
In an address given on 21 November 1983 to the participants in a course at the Gregorian University in Rome on the new Code of Canon Law, the Pope described the new code as "the last document of Vatican II".

Official language

While there have been many vernacular translations of the 1983 Code, only the original Latin text has the force of law.

Ecclesiological inspiration of the 1983 code

The Vatican II decree Optatam totius, in view of the decision to reform the existing Code, laid down that "the teaching of Canon law should take into account the mystery of the Church, according to the dogmatic constitution De Ecclesia". The 1917 Pio-Benedictine Code was in fact structured according to the Roman law division of "norms, persons, things, procedures, penalties".
John Paul II described the ecclesiological inspiration of the 1983 Code in this way:
Thus the 1983 Code is configured, as far as possible, according to the "mystery of the Church", the most significant books – Two, Three and Four – corresponding to the munus regendi, the munus sanctificandi, and the munus docendi which in turn derive from the kingly, the priestly and the prophetic roles or functions of Christ.

Structure in detail

The 1983 Code of Canon Law contains 1752 canons, or laws, most subdivided into paragraphs and/or numbers. Hence a citation of the Code would be written as Can. 934, §2, 1°.

Subdivisions

The Code is organized into seven Books, which are further divided into Part, Section, Title, Chapter and Article. Not every book contains all five subdivisions. Organized hierarchically, the subdivisions are
  • Book
  • *Part
  • **Section
  • ***Title
  • ****Chapter
  • *****Article
Most of the Code does not utilize all these subdivisions but one example is
  • "Book II. The People of God;
  • *Part II. The Hierarchical Constitution of the Church;
  • **Section II. Particular Churches and Their Groupings;
  • ***Title III. The Internal Ordering of Particular Churches;
  • ****Chapter II. The Diocesan Curia;
  • *****Article II. The Chancellor, other Notaries and the Archives."
The basic unit of the Code is the canon. Its subdivisions appear as
  • Canon
  • *Paragraph
  • **Number
Some canons contain "numbers" without "paragraphs", while most canons contain "paragraphs", and most "paragraphs" do not contain "numbers".

Outline

This is the outline of the seven books of the 1983 Code of Canon Law.
  • Book I. General Norms
  • Book II. The People of God
  • Book III. The Teaching Function of the Church
  • Book IV. The Sanctifying Function of the Church
  • Book V. the Temporal Goods of the Church
  • Book VI. Sanctions in the Church
  • Book VII Processes

    Summary

Book I. General Norms (Cann. 1–203)

This part of the Codex contains the general rules concerning
Legal sources are laws, which contain universal regulations, general decrees, instructions and statutes which refer to a special group, and in case of statutes are legislated by this group itself, and administrative acts, which only decide single cases.
Persons are physical persons or juridic persons. Not everyone is considered a "physical person" according to the definition of the 1983 Code, because one is constituted a person with consequent duties and rights only by baptism.
The Codex specifies conditions for the validity of a juridical act, especially in relation to form, coercion, misapprehension and lack of participation.
Legal power is divided into the three authorities of legislative, executive and judicial. The ability to conduct juridical acts can be attached to an office or it can be delegated to a person. Appointment and loss of ecclesiastical office are regulated.
Time regulates prescription, which goes along with the national regulations, but can only be achieved in good faith, and definitions of time.

Book II. The People of God (Cann. 204–746)

Book two describes the "People of God". It discusses the general rights and obligations of members of the church, and then discusses the ordering of the church, from the Holy See to the local parish.
The hierarchical constitution of religious and secular institutes and societies of apostolic life is shown to a degree adequate to explain the scope of applicability of the regulations of part two. A religious institute is a society in which members, according to proper law, pronounce public vows.
This book is divided into three parts:
  • The Christian faithful
  • The hierarchical constitution of the church
  • Institutes of consecrated life and societies of apostolic life.
The Christian faithful shows the obligations of the faithful in common, those of the lay and those of the sacred ministers or clerics with special consideration of the formation and incardination and excardination of clerics and personal prelatures. Furthermore, the associations of the Christian faithful especially their recognition as a juridic person are constituted, divided in public, private associations and those of the lay.
Part II is entitled, "The Hierarchical Constitution of the Church". This part describes the composition, rights and obligations of the Supreme Authority of the Church, consisting of the Roman Pontiff, the College of Bishops, the Synod of Bishops, the College of Cardinals, the Roman Curia and the Papal legates. A secular institute is an institute of consecrated life in which the Christian faithful, living in the world, strive for the perfection of charity and seek to contribute to the sanctification of the world, especially from within. Societies of apostolic life do not use a vow.

Book III. The Teaching Function of the Church (Cann. 747–833)

Book III describes the teaching function of the church.
The forms of teaching are the ministry of the Divine Word in the forms of the preaching of the word of God and the catechetical instruction, the missionary action of the church, the Catholic education in schools, Catholic universities and other institutes of higher studies and the ecclesiastical universities and faculties, the instruments of communication and books in particular and finally the profession of faith.

Book IV. The Sanctifying Office of the Church (Cann. 834–1253)

In book four, the function of the church and its religious acts are explained. This book is composed of three parts:
  • the sacraments
  • the other acts of divine worship
  • sacred places and times
The sacraments are baptism, confirmation, the most holy Eucharist, penance, anointing of the sick, holy orders and marriage. These sacraments are described with conditions, ceremony and participants.
Other acts of divine worship are sacramentals, the liturgy of the hours, ecclesiastical funerals, the veneration of the saints, sacred images and relics and the vow and oath.
Sacred places are those which are dedicated for divine worship or for the burial of the faithful. The Code knows five kinds of sacred places: churches, oratories and private chapels, shrines, altars and cemeteries. Sacred times are holy days of obligation, feast days and days of penance.

Book V. The Temporal Goods of the Church (Cann. 1254–1310)

This part of the Corpus Juris is the regulation of the civil law. There are instructions concerning the acquisition and administration of goods, especially the acquisition by bestowal either through an act inter vivos or through an act mortis causa, the role of pious foundations and contracts with special care of alienation.

Book VI. Sanctions in the Church (Cann. 1311–1399)

Book VI contains the canonical equivalent to secular criminal law. The book has two parts:
  • Delicts and penalties in general
  • Penalties for individual delicts
The first part declares the necessity of a violation of a law and shows the limits and requirements of such a penal law. It determines reasons, which eliminate the punishment as lack the use of reason, nonage, mistake in law or facts, missing causality or intent and self-defence. It also describes social cases as complicity, wilful default and attempt. Possible penalties are censures, expiatory penalties and penal remedies and penances. Finally the right of the application and cessation of penalties is regulated.
The canon 1374 made implicit any reference to the penalty of excommunication for Freemasons, that was enforced by the canon 2335 of the code of 1917, which enforced exclusively to the Pope the right to prosecute and excommunicate Roman Catholic Freemasons. In 1981, the Sacred Congregation for the Doctrine of the Faith restated that canon law forbade "Catholics, under the penalty of excommunication, to enroll in Masonic or other similar associations." Membership was still forbidden in a document dated back to 1983, but the emphasis was put on the prohibition against Freemasons receiving Holy Communion.

The second part shows individual delicts, divided into delicts against religion and unity of the church, those against ecclesiastical authorities and the freedom of the Church, those against special obligations, those against human life and freedom, usurpation of ecclesiastical functions and delicts in their exercise, and the crime of falsehood. In addition to these cases the external violation of a divine or canonical law can be punished when the special gravity of the violation demands punishment and there is an urgent need to prevent or repair scandals.