Interpreting Canon Law: Difference between revisions
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; 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 == | ||
Revision as of 18:34, 17 September 2012
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."[1]
In dubiis libertas
"In necessariis unitas, in dubiis libertas, in omnibus caritas."[2]
- Canon 14
- "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." [3]
Papal jurisdiction
"It is a canonical understanding that, among other duties, the pope serves the Church as her principal legislator."[4]
Miscellaneous
Some call canon law the "dark side of the Good News" and the "arteriosclerosis of the Mystical Body."[5]
"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."[6]
"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."[7]
Bibliography
Kevin E. McKenna, A Concise Guide to Canon Law: A Practical Handbook for Pastoral Ministers (Notre Dame: Ave Maria Press, 2000).