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[German Version] In Catholic canon law, pastoral councils at the diocesan and parish level are consultative bodies made up of clergy and laity to advise the bishop and the local priest. Their roots go back to Vatican II (CD, art. 27, § 4; PO, 7): (synodal) shared responsibility of the faithful, right and obligation of consultation ( CIC/1983, c. 228 §2). The basic regulations appear in CIC/1983; the actual organization, terminology, and job descriptions of the councils vary, depending on the canons of the diocese. 1. Diocesant pastoral councils (cc. 511–514). Establishment by the bish…

[German Version] An instructio in the meaning of CIC/1983 c. 34 serves the interpretation and application of laws for the use of those who are responsible for their execution. Bearers of the potestas executiva (e.g. the Vicar General, but also the diocesan bishop [no separation of powers in Catholic church law!]) are competent to issue an instructio. It is subordinate to the laws. Consequently, its validity ends through derogation or with the expiration of the underlying law. It can neither alter nor invalidate a law. More recent instructions by the Roman dikasteria (e.g. “instruction…

[German Version] In Catholic canon law defectus refers to the lack of or error in a legal act or in one of its essential elements. A distinction is made between a lack of consensus and errors of form. An error in or lack of the will to act or of consensus affects the validity of laws. This circumstance pertains, for example, to external authority that renders a law null as well as dolus (a fraudulent deceit), which also makes it contestable (cc. 125, 126 CIC 1983). The concept also plays a role with regard to irregularities (qualified hindrances to ordination). One distinguishes between irregular…

[German Version] Under international law, the Holy See (Vatican) has both active and passive diplomatic privileges. It receives ambassadors dispatched by states as extraordinary, temporary, regular, or permanent representatives. It enjoys this right as a sovereign state. After some beginnings in the 13th century, there have been diplomatic representatives to the Holy See since the late 15th century (Italian city states). Permanent embassies developed in the 16th century, initially representing Catholic states. In the 19th cen-¶ tury, Protestant states also began to send…

[German Version] is a collective term for legal acts of the church, which are necessary because every action in the name of the church requires a canonical mandate: (1) mandates with functions in doctrine and proclamation; missio canonica in state church and concordat law, ( Nihil obstat , mandatum) for professors and teachers of religion; (2) canonical commission to an office, a service, or a function; (3) (liturgical or legal) mandate to celebrate and dispense sacraments (deacon: to read the gospel, by the celebrating priest; clergy or lait…

[German Version] Catholic canon law (II, 1) requires that every diocesan curia appoints as one of its members a chancellor, also called curial secretary (in France often secretary general), who may be a member of the laity. The chancellor and possibly the vice-chancellor ¶ are also notaries and secretaries of the diocesan curia. The chancellor is freely appointed by the diocesan bishop and can also be removed from his office at the bishop's own discretion; he can also be removed by the diocesan administrator, but only…

[German Version] The commandments of the church are disciplinary precepts and ethical rules that are comparable to those of Judaism and Islam. The are promulgated by the church and originally also arose out of custom. They are subject to change. As statements of the teaching office of the church ( magisterium) intended for pastoral and catechetical use, they appear in catechisms (II) and canon law (II; CIC/¶ 1983, Particular law). Since the Middle Ages, the number of church commandments and their content have varied because of uneven regional …

[German Version] The brief (breve) that is expedited through the (papal) state secretariat basically contains shorter texts of lesser importance than bullae, whereby only certain topics are deemed appropriate for bulls. The style is also more direct (fewer stipulations). Further differences exist with respect to the material (parchment) and the structuring of the content. The intitulatio begins with the name of the pope and continues with the servus servorum Dei and the inscriptio with the blessing of the addressee. There follows the stipulation ad perpetuam rei memoriam, then th…

[German Version] (May 5,1852, Ussita, Diocese of Norcia, Italy – Nov 18, 1934, Rome) was ordained a priest in 1875, held the Dr.phil.theol. and iur.can., was lecturer in canon law at Roman faculties, became professor of canon law at the Institut Catholique in Paris in 1880, titular bishop in 1898, was apostolic delegate to Peru, Bolivia and Ecuador, became secretary of the Congregation for Extraordinary Ecclesiastical Affairs, and was consultant to several Roman congregations. Pius X commissioned him with the creation of the Codex Iuris Canonici . Appointed car…

[German Version] The intention of restructuring canon law had existed ever since the preparatory work for Vatican I, although the popes of the time never followed up on it. Instead, several private outlines were drafted in which the methodic approach of the Codex Iuris Canonici ( CIC) was anticipated. The definitive work began under Pius X ( Motu Proprio “Arduum sane munus,” Mar 19, 1904). The objective was to harmonize the hitherto fragmented laws concerning the larger and more important issues of church life. A commission was then set up a…

[German Version] (Sep 14, 1893, Warstein, Westphalia – Feb 5, 1932, Würzburg) was ordained to the priesthood in 1878, earned the Dr.iur.utr. from Munich in 1881, the Dr.theol. from Tübingen in 1884, the Habilitation in canon law from the theological faculty of Freiburg in 1885, where he declined a position as assistant professor, became cooperator in Hoinkhausen (Westphalia) in 1885, and professor of canon law at Paderborn in 1892. In 1905, he resigned his professorship in Paderborn and gained his…

[German Version] The consecrated title guarantees the support of clerics in higher orders (Consecration/Ordination/Dedication: I). In Old Church law, consecrated title relates to office and ministry, and the source of support. Consecrated titles were the titulus beneficii (sinecured office), patrimonii ([private] assets), pensionis (lifelong payments from assets) and mensae (title to the table, a third party's promise of support in emergencies), in the modern period, servitii dioecesis (service in the diocese) and missionis (in the area of the Propaganda fide). In the CIC/191…

[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…

[English Version] I. Religionsgeschichtlich Z., von lat. caelebs, »alleinlebend«, bez. Ehelosigkeit mit dem Akzent auf sexueller Enthaltsamkeit, die von einer bestimmten sozialen Gruppe praktiziert wird, während Keuschheit eine über das Sexuelle hinausgehende umfassende Form der Enthaltung darstellt. Z. erfolgt aus kultischen Gründen (Reinheit [rein und unrein], Dämonenabwehr), zum gesellschaftlichen Nutzen (Vestalinnen; Vermögenssicherung im Frühchristentum) oder aus Ablehnung alles Materiellen (d…

[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…

[German Version] I. Church History – II. Church Law – III. Dogmatics I. Church History 1. Early Church Council (Lat. concilium, Gk σύνοδος [Lat. synodum]; the two terms were first differentiated in modern usage; see also synod) are meetings of bishops from various communities for binding clarification of disciplinary, organizational, or doctrinal questions, whose decisions, as inspired by the Holy Spirit, are not in principle revisable and claim validity for the whole church r…

[English Version] I. ReligionswissenschaftlichAnhand der Speisegebote (S.) und -verbote einer menschlichen Gemeinschaft läßt sich der Zusammenhang zw. symbolischen und rituellen Handlungen ablesen. Die Wahl der Nahrung (Vorlieben und Verbote) ist eng verbunden mit dem Gesamtbild, das eine Kultur von sich entwirft und mit dem sie anderen Kulturen gegenübertritt und das seinerseits ein spezifisches Verhältnis zur Natur und Transzendenz voraussetzt. Die S. haben somit identitätsstiftende Funktion; si…

[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…

[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…

[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…