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Canon Law/Church Law

(11,049 words)

Author(s): Schöllgen, Georg | Kalb, Herbert | Puza, Richard | Pirson, Dietrich | Engelhardt, Hanns | Et al.
[German Version] I. History – II. The Present – III. Orthodox Church – IV. The Study of Canon Law and Church Law – V. Practical Theology – VI. Oriental Orthodox Canon Law I. History 1. Early Church. The church has had laws ever since Christians recognized the need for a generally recognized authority to regulate the uncertainties, problems, and controversies involving church discipline brought about by the rapid expansion of Christianity. After the death of the initial authority figures (e.g. the fou…

Diocesan Synod

(371 words)

Author(s): Puza, Richard
[German Version] As a separate type of synod, the diocesan synod has existed from very early times (6th cent.). During the Middle Ages it developed into a body having real jurisdiction (Synodal court). In the Codex Iuris Canonici (1917) ( CIC), the diocesan synod is a representative assembly of the clergy of a diocese, convened and presided over by the bishop (III, 1). Vatican II was followed by a greater participation by all the people of God in the diocesan synod. The Codex Iuris Canonici (1983) defines the diocesan synod as “an assembly of selected …

Meurer, Christian

(170 words)

Author(s): Puza, Richard
[German Version] (Jan 20, 1856, Camberg, Nassau – Mar 6, 1935, Würzburg) studied philosophy and jurisprudence, earned a Dr.iur. in 1882 and his Habilitation in Breslau in 1885, became adjunct professor in 1888, and was full professor in Würzburg from 1891 to 1926 as well as rector a number of times; he was also a member of the Lower Franconian Landtag (regional parliament), served as legal assessor on the parliamentary board of inquiry for war crimes in 1922/1925, was an associate member of the “Institut de droit inte…

Administrator

(112 words)

Author(s): Puza, Richard
[German Version] In the Roman Catholic Church, the administrator, as apostolic administrator, is leader of a church entity similar to a diocese and is called apostolic administrator. In the law, he is equal to the diocesan bishop (c. 381 2 CIC/1983) and is usually a titular bishop (Episcopal titles). He exercises his office as a representative of the pope (c. 371 2 CIC/1983). The diocesan administrator was formerly called chapter vicar. He leads a vacant diocese. In this regard, the principle sede vacante nihil innovetur pertains. Other administrators include the pastoral …

Celibacy of the Clergy

(1,541 words)

Author(s): Felber, Anneliese | Lüdecke, Norbert | Puza, Richard
[German Version] I. History of Religions – II. In the Christian Church – III.  Ethics I. History of Religions Celibacy, from Latin caelebs, “living alone,” refers to the unmarried state with the accent on sexual abstinence as practiced by a specific social group, while chastity represents a comprehensive form of abstinence going beyond the sexual. Celibacy is practiced for cultic reasons (purity [Pure and impure], defense against demons), societal needs (vestals; the preservation of ass…

Bishops' Synod

(211 words)

Author(s): Puza, Richard
[German Version] The Bishops' Synod is an assembly of (Roman Catholic) bishops selected from the various regions of the world who gather at certain times (c. 343 CIC 1983). It originated as an organ of the pope during Vatican II. Its legal regulations are the Motu proprio “Apostolica sollicitudo,” the CIC/1983 (cc. 343–348) and the Ordo synodi. The Bishops' Synod is an advisory organ to the pope and a representative organ of the bishops of the worldwide church (disputed). There is an ordinary an…

Degradation

(207 words)

Author(s): Puza, Richard
[German Version] In CIC/1917 degradation ( degradatio) still refers to the simultaneous deposition ( depositio), removal of clerical garb, and the transfer of a cleric into lay status. It was the harshest penalty for clerics (cc. 2292 no. 12, 2305 §1 CIC/1917), since the 12th century, involving dismissal from clerical status (X, 5, 20, 7; X, 5, 40, 27). In addition, as capitis deminutio (X, 5, 1, 24), it deprived the cleric of the privilegia clericorum and subjected him to the authority of the secular magistrate. The degradatio verbalis included judicial examination, the determinat…

Bishops, College of

(232 words)

Author(s): Puza, Richard
[German Version] The term “College of Bishops” refers to all the bishops in the Catholic Church in all¶ rites. One becomes a member of the Bishops' College through consecration as a bishop (Bishop, Consecration of) and the hierarchical community ( hierarchica communio) with its head and members. The apostolic body continues in the College of Bishops (c. 336). Like the pope, it bears supreme and full authority in reference to the entire church. As bishop of Rome, the pope is also a member of the College of Bishops and, according to c. 331 CIC/1983, is its head. The …

Codex Iuris Canonici (1983)

(498 words)

Author(s): Puza, Richard
[German Version] An aggiornamento of canon law had already been announced by John XXIII, as Vatican II had made the Codex of 1917 appear outdated. On Jan 28, 1963, a reform commission was established (commission of cardinals with consultors). The churchgoing public was widely integrated in the making of the new Codex Iuris Canonici ( CIC). Some drafts were withdrawn. John Paul II canonized and promulgated the CIC on Jan 25, 1983. It came into effect on Nov 27, 1983. The Codex itself is written in Latin, though authorized translations into several languages followed. The CIC applies…

Dietary Laws

(4,404 words)

Author(s): Borgeaud, Philippe | Willi-Plein, Ina | Ebner, Martin | Puza, Richard | Reichman, Ronen | Et al.
[German Version] I. Religious Studies – II. Old Testament – III. New Testament – IV. Christianity – V. Judaism – VI. Islam – VII. Buddhism – VIII. Indian Religions I. Religious Studies A human society's dietary laws and prohibitions give us an excellent insight into its symbolic and ritual practices. The choice of nourishment (preferences and prohibitions) is closely tied to the overall image that a culture develops of itself, with whic…

Primate

(498 words)

Author(s): Puza, Richard
[German Version] ( primatus) is used in the Catholic Church in two senses: (1) in the constitutional law of the Latin church, not as a distinct constitutional authority but as the title of a diocesan bishop (above a bishop) linked with specified episcopal sees ( CIC/1983 c. 438). (2) In the law governing religious orders, there is an abbot primate under the general of a monastic congregation ( CIC/1983 c. 620). 1. Primate, like patriarch, is an honorary title of diocesan bishops in the Latin rite of the Catholic Church; in the Eastern Church they are called exarchs.…

Bishopric

(633 words)

Author(s): Müller, Ludger | Puza, Richard
[German Version] I. Church History – II. Church Law I. Church History Following the political order, the parish of the bishop developed, from the 4th century, on the model of the city; it was termed a “paroecia” until the 12th century. Innocent I was probably the first to call it, as it has been generally termed since the 13th century, a “diocese.” The English equivalent “bishopric” primarily expresses the constitutive role of the bishop in his bishopric. Ludger Müller Bibliography H.E. Feine, Kirchliche Rechtsgeschichte, 51972, 97–100, 104f. (bibl.). II. Church Law The terms bish…

Bishops' Conference

(339 words)

Author(s): Puza, Richard
[German Version] An episcopal or bishops' conference is a permanent institution in which the Roman Catholic bishops of a nation or of one particular region come together to exercise their pastoral ministry in common. Episcopal conferences were first introduced in some countries in the 19th century (Germany, 1848; Austria 1849). Vatican II and post-conciliar legislation developed the new form of gatherings of bishops in local churches which exists today (cc. 447–459 CIC/1983). The theological basis is the collegial structure of the episco…

Haring, Johann

(199 words)

Author(s): Puza, Richard
[German Version] (Aug 5, 1867, Wettmannsstetten, Austria – Dec 25, 1945) studied theology in Graz and was ordained a priest in 1891. Haring received the Dr.theol. from Graz in 1896, he became lecturer (1899/1900), associate professor (1900) and professor (1906–1937) of church law at the faculty of theology in Graz, and, after 1929, an official of the diocese of Graz-Seckau and consultant for Roman congregations. Haring was one of the most important Austrian canonists of his time. His scholarly attention was primarily devoted to the law in force, from 1917 to the CIC. His work, Der Rechts-…

Penitentiary, Apostolic

(285 words)

Author(s): Puza, Richard
[German Version] The Paenitentiaria Apostolica is one of the three highest courts of the Roman Curia ( Apostolic Constitutions, “Pastor Bonus,” arts. 117–120). It comprises the cardinal grand penitentiary, the regent, prelates, and officials. They are responsible for the sacramental (Confession) and non-sacramental forum internum, and for indulgences, absolutions, dispensations ( CIC/1983 cc. 1048, 1082), commutations, sanations, condonations, remission of punishment, and other acts of mercy, and supervision of the penitentiaries of the Roman pa…

Marriage

(10,960 words)

Author(s): Nehring, Andreas | Otto, Eckart | Deming, Willoughby Howard | Schäfer, Rolf | Nave-Herz, Rosemarie | Et al.
[German Version] I. Religious Studies – II. Old Testament – III. New Testament – IV. Church History – V. Sociology – VI. Systematic Theology – VII. Law – VIII. Practical Theology – IX. Judaism – X. Islam I. Religious Studies The term marriage denotes a relationship entered into between two or more persons of different sex, ritually formalized, intended to be permanent, and recognized by society. In all cultures, definitions of economic and sexual rights and the conveyance of social status to children (Child/Childhood) are part of the socially ¶ defined framework of marriage…

Dignity, Ecclesiastical

(215 words)

Author(s): Puza, Richard
[German Version] Dignity refers to an office (formerly a benefice), the officeholder being the dignitary, and in a broader sense also an ecclesiastical dignity. The CIC/1917 uses the term in reference to cathedral and monastic chapters (cc. 393ff.). Those who hold dignities have administrative functions in chapters in the spheres of jurisdiction or liturgy, either externally (Temporalities, Church), such as the provost, or internally (spirituals), such as the dean. The CIC/1917 reserves the establishment (c. 394 §2) and conferment of dignit…

Vicar, Apostolic

(91 words)

Author(s): Puza, Richard
[German Version] Literally a vicar apostolic is a representative of the Apostolic See. He is a prelate, possesses episcopal ordination, and is entrusted with a specific territory (the vicariate apostolic), which does not, however, have the canonical status of a diocese nor the autonomy of a diocese vis-à-vis Rome. It is a way the church is organized in mission territories. The vicar apostolic is the local ordinary and possesses potestas ordinaria vicaria. Richard Puza Bibliography G. Bier, in: Münsterischer Kommentar zum Codex iuris canonici, 1997, c. 371 (loose-leaf ed.).

Bishop's Vicar

(244 words)

Author(s): Puza, Richard
[German Version] In the Roman Catholic church, the episcopal or bishop's vicar is a representative of the diocesan bishop. Unlike the vicar general, he possesses only a limited authority in the executive sphere: the bishop entrusts him with responsibility for one particular part of the diocese, for one particular group of persons or rite, or for specific tasks…

Judicial Vicar

(392 words)

Author(s): Puza, Richard
[German Version] The word officialis, which in the broad sense means “official,” is used in canon law to denote the judicial vicar ( CIC 1983, c. 1420 §1); the judicial vicar and the bishop constitute a (diocesan) tribunal, on which he exercises ordinary vicarious power to judge, which c. 1420 §1 calls potestas ordinaria iudicandi but is traditionally better termed iudicaria ordinaria vicaria. In every diocese, as a rule, the bishop appoints a judicial vicar for a specific term. Associate judicial vicars ( vice-officiales) can also be appointed. A judicial vicar must be a prie…
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