The New Canon Law

An entirely new and comprehensive commentary by canon lawyers from North America and Europe, with a revised English translation of the code. Reflects the enormous developments in canon law since the publication of the original commentary. +

Catholic canon law changes very slowly, but it constantly adds rules, interpretations, and applications. Some canons are frequently invoked, and others rarely used, quietly pass from memory. In the dozen or so years since this introduction to canon law was first written, there have been many changes and adaptations. This is one reason for a revised edition, although many of the alterations are too subtle to be captured in an introductory treatment. A second reason is to include some of the many new resources, commentaries, and explanations which authorities in the field have made available. Since many have found the original book helpful in beginning their exploration of the church's regulations, a fact which gratifies its author greatly, it is worth improving. Hence many sections have been clarified, expanded, and updated, and some others deleted. In a few places the material is reordered. Seven new case studies have been added. These improvements are a third reason for revision. Context of recent scandal has revealed inadequate applications of canon law. Serious canonical crimes were often treated as personnel problems, calling for repentance, therapy, and reassignment, rather than the investigation and imposition of penalties which the canons prescribe. Would a more careful observance of the traditional canonical system have saved many young people from serious harm and the church from an immense disgrace? The question provides one more incentive to begin to learn about canon law.

A complete and updated commentary on the Code of Canon Law prepared by the leading canonists of North America and Europe. Contains the full, newly translated text of the Code itself as well as detailed commentaries by thirty-six scholars commissioned by the Canon Law Society of America.

Bishops have always played a central role in the making and enforcement of the law of the Church, and none more so than the bishop of Rome. From convening and presiding over church councils to applying canon law in church courts, popes and bishops have exercised a decisive influence on the history of that law. This book, a selection of Anne J. Duggan's most significant studies on the history of canon law, highlights the interactive role of popes and bishops, and other prelates, in the development of ecclesiastical law and practice between 1120 and 1234. This emphasis directly challenges the pervasive influence of the concept of 'papal monarchy', in which popes, and not diocesan bishops and their legal advisers, have been seen as the driving force behind the legal transformation of the Latin Church in the twelfth and early thirteenth centuries. Contrary to the argument that the emergence of the papacy as the primary judicial and legislative authority in the Latin Church was the result of a deliberate programme of papal aggrandizement, the principal argument of this book is that the processes of consultation and appeal reveal a different picture: not of a relentless papal machine but of a constant dialogue between diocesan bishops and the papal Curia, in which the 'papal machine' evolved to meet the demand.

This new edition of An Introduction to Canon Law has been updated to reflect changes and adaptations in canon law, as well as to uncover new resources in the field. It offers an introductory orientation to all of canon law, it outlines and overviews the various specialized areas of the law, and it sketches the structure and function of the offices within the church and how they relate to one another. The book gives historical perspectives, and focuses on the rights and duties of Catholics in the church.