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[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] 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 …

[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…

[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 …

[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] 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…

[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…

[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 …

[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…

[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] ( 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.…

[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…

[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…

[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-…

[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…

[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…

[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…

[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.).

[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…

[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…

[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] 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…

[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…

[English Version] bez. im kath. Kirchenrecht ein auf Diözesan- und Pfarrebene aus Klerikern und Laien zusammengesetztes Beratungsorgan des Bischofs bzw. des Pfarrers. Seinen Ursprung hat er im Vaticanum II (CD Art.27, Abs.4, PO 7): (synodale) Mitverantwortung der Christgläubigen, Konsultationsrecht/pflicht (c.228 @ 2 CIC/1983). Grundsätzliche Regelungen finden sich im CIC/1983; Ausgestaltung, Terminologie und Aufgabenstellung variieren sie aber nach diözesanem Recht. 1.  Diözesanpastoralrat (cc.511–514). Die Einrichtung eines P., der das Gottesvolk repr…

[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…

[English Version] . Die Paenitentiaria Apostolica zählt zu den drei Höchstgerichten der Röm. Kurie (Apostolische Konstitution »Pastor Bonus« Art.117–120). Sie besteht aus Kardinal-Großpaenitentiar, Regens, Prälaten und Offizialen. Ihre Zuständigkeit erstreckt sich auf den inneren Bereich (forum internum sacramentale [Beichte] und non sacramentale) und das Ablaßwesen (Ablaß). Absolutionen, Dispensen (cc.1048, 1082 CIC/1983), Kommutationen, Sanationen, Kondonationen, Straferlaß u.a. Gnadenerweise, A…

[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…

[English Version] . Officialis, in weiterem Sinne Amtsträger, im engeren Sinne Gerichtsvikar (c.1420 @ 1 CIC/1983), der mit dem Bischof ein (Diözesan-)Gericht bildet und gegenüber diesem ordentliche stellvertretende richterliche Gewalt hat, die gemäß c.1420 @ 1 als potestas ordinaria iudicandi, traditionell besser als iudiciaria ordinaria vicaria bez. wird. In der Regel ist ein O. in jeder Diöz. vom Bischof auf bestimmte Zeit zu ernennen. Vizeoffiziale (beigeordnete Gerichtsvikare) können ernannt …

[English Version] (Primatus) wird in der kath. Kirche im zweifachen Sinn verwendet: (1.) Im Verfassungsrecht der lat. Kirche nicht als eigene Verfassungsinstanz, sondern als (oberbfl.) Titel eines Diözesanbischofs, verbunden mit bestimmten Bischofssitzen (c.438 CIC/1983). (2.) Im Ordensrecht gibt es den Abtprimas (Abt) unter den Generaloberen einer monastischen Kongregation (c.620 CIC/1983). 1. P. ist wie Patriarch bei Diözesanbischöfen in der kath. Kirche lat. Ritus ein Ehrentitel, in der Ostkirche werden sie Exarchen genannt. Mit der Primaswü…

[English Version] . Der W. garantiert den Unterhalt des Klerikers höherer Weihen (: I.). Im altkirchl. Kirchenrecht bez. W. Amt und Dienststelle, auch die Quelle des Unterhaltes. W. waren der titulus beneficii (bepfründeten Amtes), patrimonii ([Privat-]Vermögen), pensionis (lebenslängliche Bezüge aus Vermögen) und mensae (Tischtitel, Unterhaltsversprechen eines Dritten für den Notfall), seit der Neuzeit servitii dioecesis (Dienst in der Diöz.) und missionis (Bereich Propaganda fide). Im CIC/1917 i…