Ecclesiastical positive law

This article is part of the series:
Legislation and Legal System of the Catholic Church
Legal history of the Catholic Church
Canon Law Task Force

Ecclesiastical positive law is the positive law that emanates from the legislative power of the Catholic Church in order to govern its members in accordance with the Gospel of Jesus Christ.[1] Fernando della Rocca used the term “ecclesiastical-positive law” in contradistinction to civil-positive law, in order to differentiate between the human legislators of church and state, all of which issue "positive law" in the normal sense.[2]

Examples of ecclesiastical positive law are fasting during the liturgical season of Lent, and religious workers (monks, nuns, etc.) requiring permission from their superiors to publish a book.[1][3]

The principal laws of the Catholic Church are found in its Code of Canon Law, promulgated in 1983.[1]

References

  1. 1 2 3 Rev. James Socias (gen. edit.), Our Moral Life in Christ. (Chicago: Midwest Theological Forum, 2003), 84.
  2. Della Rocca, Fernando, Manual of Canon Law (Milwaukee: The Bruce Publishing Company, 1959) trans. The Rev. Anselm Thatcher, O.S.B., pg. 9.
  3. Canon 832 as found in http://www.vatican.va/archive/ENG1104/__P2Q.HTM
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