Interpreting Canon Law - Revision history

Mxmsj: Text replacement - "--" to " — "

2022-12-10T10:04:09Z

Text replacement - "--" to " — "

← Older revision		Revision as of 12:04, 10 December 2022
Line 13:		Line 13:
	:: Laws which establish a penalty, restrict the free exercise of rights, or contain an exception from the law are subject to strict interpretation.		:: Laws which establish a penalty, restrict the free exercise of rights, or contain an exception from the law are subject to strict interpretation.

	::: ''In other words, such canons apply only to those cases to which they apply explicitly--we may not reason from them analogously to create penalties, restrictions, or exceptions in cases not explicitly covered by the canons.''		::: ''In other words, such canons apply only to those cases to which they apply explicitly — we may not reason from them analogously to create penalties, restrictions, or exceptions in cases not explicitly covered by the canons.''

	== In dubiis libertas ==		== In dubiis libertas ==
Line 31:		Line 31:
	Some call canon law the "dark side of the Good News" and the "arteriosclerosis of the Mystical Body."<ref>McKenna, ix.</ref>		Some call canon law the "dark side of the Good News" and the "arteriosclerosis of the Mystical Body."<ref>McKenna, ix.</ref>

	"There is not only a desire but a necessity to utilize law in the Church today--a situation which can be highly constructive when the law is viewed as a ministry of service."<ref>McKenna, 3.</ref>		"There is not only a desire but a necessity to utilize law in the Church today — a situation which can be highly constructive when the law is viewed as a ministry of service."<ref>McKenna, 3.</ref>

	"A positive impact upon the Roman law by the Church can also be observed. Examples cited can include: giving the wife a position of equality before the law, requiring mutual consent of both spouses for the validity of a marriage, and abolishing the power of the father of the life or death of his children."<ref>Mckenna, 11.</ref>		"A positive impact upon the Roman law by the Church can also be observed. Examples cited can include: giving the wife a position of equality before the law, requiring mutual consent of both spouses for the validity of a marriage, and abolishing the power of the father of the life or death of his children."<ref>Mckenna, 11.</ref>

Mxmsj at 13:00, 10 October 2012

2012-10-10T13:00:33Z

← Older revision		Revision as of 15:00, 10 October 2012
Line 3:		Line 3:
	== Interpret strict laws strictly ==		== Interpret strict laws strictly ==

	"When a law is created that seeks to establish a ''penalty'' or ''restrict the free exercise of rights'' or makes mention of an ''exception to the law,'' it must be interpreted strictly."<ref>McKenna, 24.</ref>		By the laws (canons) of the Church, the most liberal interpretation of the laws (canons) are required. If something is not strictly and explicitly prohibited, it is not prohibited. The laws must be interpreted in favor of human freedom. "When a law is created that seeks to establish a ''penalty'' or ''restrict the free exercise of rights'' or makes mention of an ''exception to the law,'' it must be interpreted strictly."<ref>McKenna, 24.</ref>

	~~== In dubiis libertas ==~~		:; [http://www.vatican.va/archive/ENG1104/__P3.HTM Canon 10]
	~~'''"In necessariis unitas, in dubiis libertas, in omnibus caritas."'''<ref>~~[http://en.~~wikipedia~~.~~org~~/~~wiki~~/~~In_necessariis_unitas,_in_dubiis_libertas,_in_omnibus_caritas ''Wikipedia,'' "In necessariis unitas, in dubiis libertas, in omnibus caritas~~."]~~</ref>~~

	~~; Canon 14~~		:: Only those laws must be considered invalidating or disqualifying which ''expressly establish'' that an act is null or that a person is affected. [''emphasis added'']
	: ~~"Laws, even~~ invalidating ~~and~~ disqualifying ~~ones, do not oblige when there~~ is a ~~doubt about the law~~."

	~~== Multiply favors, restrict burdens ==~~		:; [http://www.vatican.va/archive/ENG1104/__P3.HTM Canon 18]
	~~"An old Roman legal principle states that favors are to be multiplied and burdens restricted~~. ~~Therefore, a law bestowing a favor upon a particular group or individual should be interpreted to apply in as many situations as possible~~. ~~On the other hand, a law that restricts the canonical rights of a group or individual, or otherwise imposes a burden, should be interpreted narrowly~~.~~" <ref>Pete Vere and Michael Trueman, ''Surprised by~~ Canon ~~Law,'' p. 9.</ref>~~

	By the ~~laws (canons)~~ of ~~the Church~~, the ~~most liberal~~ interpretation ~~of the laws (canons) are required. If something is not strictly and explicitly prohibited, it is not prohibited. The laws must be interpreted in favor of human freedom~~.		:: Laws which establish a penalty, restrict the free exercise of rights, or contain an exception from the law are subject to strict interpretation.

	:~~; [http~~:~~//www.vatican.va/archive/ENG1104/__P3~~.~~HTM Canon 10]~~		::: ''In other words, such canons apply only to those cases to which they apply explicitly--we may not reason from them analogously to create penalties, restrictions, or exceptions in cases not explicitly covered by the canons.''

	~~:: Only those laws must be considered invalidating or disqualifying which~~ ''~~expressly establish~~'' ~~that an act is null or that a person is affected~~. [''~~emphasis added~~'']		== In dubiis libertas ==
			'''"In necessariis unitas, in dubiis libertas, in omnibus caritas."'''<ref>[http://en.wikipedia.org/wiki/In_necessariis_unitas,_in_dubiis_libertas,_in_omnibus_caritas ''Wikipedia,'' "In necessariis unitas, in dubiis libertas, in omnibus caritas."]</ref>

	:; [http://www.vatican.va/archive/ENG1104/__P3.HTM Canon 14]		:; [http://www.vatican.va/archive/ENG1104/__P3.HTM Canon 14]
Line 24:		Line 22:
	:: Laws, even invalidating and disqualifying ones, do not oblige when there is a doubt about the law. When there is a doubt about a fact, however, ordinaries can dispense from laws provided that, if it concerns a reserved dispensation, the authority to whom it is reserved usually grants it		:: Laws, even invalidating and disqualifying ones, do not oblige when there is a doubt about the law. When there is a doubt about a fact, however, ordinaries can dispense from laws provided that, if it concerns a reserved dispensation, the authority to whom it is reserved usually grants it

	~~:; [http://www.vatican.va/archive/ENG1104/__P3.HTM Canon 18]~~		== Multiply favors, restrict burdens ==
			"An old Roman legal principle states that favors are to be multiplied and burdens restricted. Therefore, a law bestowing a favor upon a particular group or individual should be interpreted to apply in as many situations as possible. On the other hand, a law that restricts the canonical rights of a group or individual, or otherwise imposes a burden, should be interpreted narrowly." <ref>Pete Vere and Michael Trueman, ''Surprised by Canon Law,'' p. 9.</ref>
	~~:: Laws which establish a penalty~~, restrict ~~the free exercise of rights, or contain an exception from the law~~ are ~~subject~~ to ~~strict interpretation~~.

	~~::: ''In other words~~, ~~such canons apply only to those cases~~ to ~~which they~~ apply ~~explicitly--we may not reason from them analogously to create penalties~~, ~~restrictions~~, or ~~exceptions in cases not explicitly covered~~ by ~~the canons.~~''

	== Papal jurisdiction ==		== Papal jurisdiction ==

Mxmsj at 15:10, 9 October 2012

2012-10-09T15:10:26Z

← Older revision		Revision as of 17:10, 9 October 2012
Line 12:		Line 12:

	== Multiply favors, restrict burdens ==		== Multiply favors, restrict burdens ==
	"An old Roman legal principle states that favors are to be multiplied and burdens restricted. Therefore, a law bestowing a favor upon a particular group or individual should be interpreted to apply in as many situations as possible. On the other hand, a law that restricts the canonical rights of a group or individual, or otherwise imposes a burden, should be interpreted narrowly." <ref>Pete Vere and Michael Trueman, ''Surprised by Canon Law,'' p. 9 ~~(among others)~~.</ref>		"An old Roman legal principle states that favors are to be multiplied and burdens restricted. Therefore, a law bestowing a favor upon a particular group or individual should be interpreted to apply in as many situations as possible. On the other hand, a law that restricts the canonical rights of a group or individual, or otherwise imposes a burden, should be interpreted narrowly." <ref>Pete Vere and Michael Trueman, ''Surprised by Canon Law,'' p. 9.</ref>

	By the laws (canons) of the Church, the most liberal interpretation of the laws (canons) are required. If something is not strictly and explicitly prohibited, it is not prohibited. The laws must be interpreted in favor of human freedom.		By the laws (canons) of the Church, the most liberal interpretation of the laws (canons) are required. If something is not strictly and explicitly prohibited, it is not prohibited. The laws must be interpreted in favor of human freedom.

Mxmsj: /* Multiply favors, restrict burdens */

2012-10-09T15:09:05Z

Multiply favors, restrict burdens

← Older revision		Revision as of 17:09, 9 October 2012
Line 16:		Line 16:
	By the laws (canons) of the Church, the most liberal interpretation of the laws (canons) are required. If something is not strictly and explicitly prohibited, it is not prohibited. The laws must be interpreted in favor of human freedom.		By the laws (canons) of the Church, the most liberal interpretation of the laws (canons) are required. If something is not strictly and explicitly prohibited, it is not prohibited. The laws must be interpreted in favor of human freedom.

	:; Canon 10		:; [http://www.vatican.va/archive/ENG1104/__P3.HTM Canon 10]

	:: Only those laws must be considered invalidating or disqualifying which ''expressly establish'' that an act is null or that a person is affected. [''emphasis added'']		:: Only those laws must be considered invalidating or disqualifying which ''expressly establish'' that an act is null or that a person is affected. [''emphasis added'']

	:; Canon 14		:; [http://www.vatican.va/archive/ENG1104/__P3.HTM Canon 14]

	:: Laws, even invalidating and disqualifying ones, do not oblige when there is a doubt about the law. When there is a doubt about a fact, however, ordinaries can dispense from laws provided that, if it concerns a reserved dispensation, the authority to whom it is reserved usually grants it		:: Laws, even invalidating and disqualifying ones, do not oblige when there is a doubt about the law. When there is a doubt about a fact, however, ordinaries can dispense from laws provided that, if it concerns a reserved dispensation, the authority to whom it is reserved usually grants it

	:; Canon 18		:; [http://www.vatican.va/archive/ENG1104/__P3.HTM Canon 18]

	:: Laws which establish a penalty, restrict the free exercise of rights, or contain an exception from the law are subject to strict interpretation.		:: Laws which establish a penalty, restrict the free exercise of rights, or contain an exception from the law are subject to strict interpretation.

Mxmsj: /* Multiply favors, restrict burdens */

2012-10-09T15:07:59Z

Multiply favors, restrict burdens

@@ Line 13: / Line 13: @@
 == Multiply favors, restrict burdens ==
 "An old Roman legal principle states that favors are to be multiplied and burdens restricted.  Therefore, a law bestowing a favor upon a particular group or individual should be interpreted to apply in as many situations as possible.  On the other hand, a law that restricts the canonical rights of a group or individual, or otherwise imposes a burden, should be interpreted narrowly." <ref>Pete Vere and Michael Trueman, ''Surprised by Canon Law,'' p. 9 (among others).</ref>
 == Papal jurisdiction ==

Mxmsj: /* In dubiis libertas */

2012-09-17T16:34:50Z

In dubiis libertas

← Older revision		Revision as of 18:34, 17 September 2012
Line 10:		Line 10:
	; Canon 14		; Canon 14
	: "Laws, even invalidating and disqualifying ones, do not oblige when there is a doubt about the law."		: "Laws, even invalidating and disqualifying ones, do not oblige when there is a doubt about the law."

			== Multiply favors, restrict burdens ==
			"An old Roman legal principle states that favors are to be multiplied and burdens restricted. Therefore, a law bestowing a favor upon a particular group or individual should be interpreted to apply in as many situations as possible. On the other hand, a law that restricts the canonical rights of a group or individual, or otherwise imposes a burden, should be interpreted narrowly." <ref>Pete Vere and Michael Trueman, ''Surprised by Canon Law,'' p. 9 (among others).</ref>

	== Papal jurisdiction ==		== Papal jurisdiction ==

Mxmsj: /* In dubiis libertas */

2011-12-29T17:28:53Z

In dubiis libertas

← Older revision		Revision as of 19:28, 29 December 2011
Line 6:		Line 6:

	== In dubiis libertas ==		== In dubiis libertas ==
	'''"In necessariis unitas, in dubiis libertas, in omnibus caritas."'''<ref>[http://en.wikipedia.org/wiki/In_necessariis_unitas,_in_dubiis_libertas,_in_omnibus_caritas ''Wikipedia,'' "In necessariis unitas, in dubiis libertas, in omnibus caritas."</ref>		'''"In necessariis unitas, in dubiis libertas, in omnibus caritas."'''<ref>[http://en.wikipedia.org/wiki/In_necessariis_unitas,_in_dubiis_libertas,_in_omnibus_caritas ''Wikipedia,'' "In necessariis unitas, in dubiis libertas, in omnibus caritas."]</ref>

	; Canon 14		; Canon 14

Mxmsj: /* In dubiis libertas */

2011-12-29T17:28:40Z

In dubiis libertas

← Older revision		Revision as of 19:28, 29 December 2011
Line 6:		Line 6:

	== In dubiis libertas ==		== In dubiis libertas ==
	'''"In necessariis unitas, in dubiis libertas, in omnibus caritas."'''		'''"In necessariis unitas, in dubiis libertas, in omnibus caritas."'''<ref>[http://en.wikipedia.org/wiki/In_necessariis_unitas,_in_dubiis_libertas,_in_omnibus_caritas ''Wikipedia,'' "In necessariis unitas, in dubiis libertas, in omnibus caritas."</ref>

	; Canon 14		; Canon 14

Mxmsj: /* Papal jurisdiction */

2011-05-26T23:34:09Z

Papal jurisdiction

← Older revision		Revision as of 01:34, 27 May 2011
Line 12:		Line 12:

	== Papal jurisdiction ==		== Papal jurisdiction ==
	"It is a canonical understanding that, among other duties, the pope serves the Church as her principal legislator."<ref>McKenna 4.</ref>		"It is a canonical understanding that, among other duties, the pope serves the Church as her principal legislator."<ref>McKenna, 4.</ref>

	== Miscellaneous ==		== Miscellaneous ==

Mxmsj: /* Miscellaneous */

2011-05-26T23:33:39Z

Miscellaneous

← Older revision		Revision as of 01:33, 27 May 2011
Line 18:		Line 18:

	"There is not only a desire but a necessity to utilize law in the Church today--a situation which can be highly constructive when the law is viewed as a ministry of service."<ref>McKenna, 3.</ref>		"There is not only a desire but a necessity to utilize law in the Church today--a situation which can be highly constructive when the law is viewed as a ministry of service."<ref>McKenna, 3.</ref>

			"A positive impact upon the Roman law by the Church can also be observed. Examples cited can include: giving the wife a position of equality before the law, requiring mutual consent of both spouses for the validity of a marriage, and abolishing the power of the father of the life or death of his children."<ref>Mckenna, 11.</ref>

	== Bibliography ==		== Bibliography ==