Moral Theology: A Complete Course Based on St. Thomas Aquinas and the Best Modern AuthoritiesCallan, Charles J. (Charles Jerome)
Religion
Moral Theology: A Complete Course Based on St. Thomas Aquinas and the Best Modern Authorities
Callan, Charles J. (Charles Jerome)
Christian ethics -- Catholic authors
(a) it retains in their entirety liturgical laws that are not expressly
corrected; agreements of the Holy See with various nations, even if
they are opposed to the Code; favors, privileges and indults that are
not revoked (Canons 2-4);
(b) disciplinary laws of ecclesiastical origin opposed to the Code are
to be held as revoked, even if they are particular, unless the contrary
is provided. Disciplinary laws of ecclesiastical origin omitted by the
Code are retained in force, if they are particular; they are abrogated,
if they are general and not contained at least implicitly in the
Code; if a general law decreed a penalty, it must be expressly
mentioned in the Code to retain force (Canon 6);
(c) customs, universal or particular, opposed to the Code, when
expressly disapproved by it, must be corrected, even if immemorial;
when they are not expressly disapproved by the Code, they may or may
not be continued, as a rule, according as they are immemorial--or one
century old--or not (Canon 5).
422. The rules laid down for the interpretation of the Code are as
follows: (a) in those parts where the Code agrees with the older
legislation, it is to be interpreted by means of the latter; (b) in
those parts where it certainly disagrees with the older legislation, it
is to be interpreted from its own phraseology (Canon 6).
423. Lawgivers in the Church.--The Pope, as Vicar of Christ and Visible
Head of the Church, has supreme legislative power in the Church (Canon
218): “Thou art Peter, and upon this rock I will build My Church ....
And I will give to thee the keys of the kingdom of heaven, etc.”
(Matt., xvi. 18, 19). Thus, the Pope can legislate: (a) for the whole
Church, either alone or with the body of the Episcopate subject to him
in an Ecumenical Council, either directly or through Congregations; (b)
for any part of the Church, either directly or through representatives.
Thus also, by Papal concession, legates may legislate for a place to
which they are sent, _Praelati nullius_ for a territory over which they
are placed, General Chapters for a Religious Order, and the like.
424. The Bishops, “placed by the Holy Ghost to rule the Church of God”
(Acts, xx. 28), have legislative power within their own territory,
dependently on the Pope (Canon 335). (a) They can make laws, each for
his own diocese, either in or out of a synod; (b) when gathered
together in council, provincial or plenary, they can legislate for
ecclesiastical provinces, or for all the faithful of their country.
425. Subject-Matter of Church Law.--The end of the Church being the
glory of God and the salvation of souls, she can legislate concerning
all matters that are sacred or that refer, directly or indirectly, to
the satisfaction of man or the worship of God (see Leo XIII, Const.
_Immortale Dei_, d. 1 Nov. 1885).
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