Regulæ Juris , also spelled Regulae iuris (Latin for 'Rules of Law'), were legal maxims which served as jurisprudence in Roman law .
51-468: The term is also a generic term for general rules or principles of the interpretation of canon laws of the Catholic Church ; in this context, they remain principles of law used in interpreting Catholic canon law , despite no longer having any binding forces of law since the 1917 Code of Canon Law abrogated them. There are 211 Regulae iuris . The first Regula iuris from this corpus is from
102-772: A doubtful one, it is not retroactive. Legislators also can entrust the power to authentically interpret their laws to another. For the 1983 Code of Canon Law , the Code of Canons of the Eastern Churches , and other Papal laws, the Supreme Pontiff has delegated authority of authentic interpretation to the Pontifical Council for Legislative Texts . The following table lists the authentic interpretations that this dicastery has issued (with Papal approbation). Consultors need not be replaced unless
153-427: A law are understood according to their usual signification, unless it is certain that the legislator intended them to be understood otherwise. When words are unambiguous, they must not be twisted into another, improbable signification. If the intention of the legislator regarding words in question is known, interpretation must accord therewith, rather than with the usual signification of the words, because in this instance
204-409: A law concedes favors, its words are to be interpreted in their widest sense. "In contracts, words are to be taken in their full [plena] meaning, in last wills in a wider [plenior] sense, and in grants of favours in their widest [plenissimi] interpretation". When the signification of words is doubtful, that sense is to be preferred that does not prejudice the rights of a third person, i. e., a person whom
255-480: A man who was merely killed while intoxicated, prohibited veneration of the man, and most significantly decreed that "you shall not therefore presume to honor him in the future; for, even if miracles were worked through him, it is not lawful for you to venerate him as a saint without the authority of the Catholic Church." Theologians disagree as to the full import of the decretal of Pope Alexander III : either
306-494: A new law was instituted, in which case the Pope then for the first time reserved the right of beatification to himself, or an existing law was confirmed. However, the procedure initiated by the decretal of Pope Alexander III was confirmed by a bull of Pope Innocent III issued on the occasion of the canonization of Cunigunde of Luxembourg in 1200. The bull of Pope Innocent III resulted in increasingly elaborate inquiries to
357-546: A saint were authoritative, in the strict sense, only for the diocese or ecclesiastical province for which they were issued, but with the spread of the fame of a saint, were often accepted elsewhere also. In the Catholic Church , both in the Latin and the constituent Eastern churches, the act of canonization is reserved to the Apostolic See and occurs at the conclusion of a long process requiring extensive proof that
408-516: A simplification of the procedures. The Apostolic constitution Divinus Perfectionis Magister of Pope John Paul II of 25 January 1983 and the norms issued by the Congregation for the Causes of Saints on 7 February 1983 to implement the constitution in dioceses, continued the simplification of the process initiated by Pope Paul VI . Contrary to popular belief, the reforms did not eliminate
459-827: Is correctly understood and the extent of its obligation is determined. An "authentic interpretation" is an official and authoritative interpretation of a statute issued by the legislator of the statute. In canon law an authentic interpretation has the force of law . Besides the Supreme Pontiff (Pope), who has plenary legislative power, several other authorities in the Catholic Church have various grades of legislative power. Primary examples are diocesan bishops and their equivalents, episcopal conferences , and particular councils . Any of these legislators can issue authentic interpretations of their own and their predecessors' laws. Authentic interpretations supersede even administrative decisions of ordinaries and judgments of ecclesiastical courts , because neither of these acts have
510-423: Is no need to have a miracle attributed to the saint to allow their canonization. According to the rules Pope Benedict XIV ( regnat 17 August 1740 – 3 May 1758) instituted, there are three conditions for an equipollent canonization: (1) existence of an ancient cultus of the person, (2) a general and constant attestation to the virtues or martyrdom of the person by credible historians, and (3) uninterrupted fame of
561-479: Is not necessarily added to the General Roman Calendar or local calendars as an "obligatory" feast; parish churches may be erected in their honor; and the faithful may freely celebrate and honor the saint. Although recognition of sainthood by the Pope does not directly concern a fact of Divine revelation , nonetheless it must be "definitively held" by the faithful as infallible pursuant to, at
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#1732772369487612-472: Is the declaration of a deceased person as an officially recognized saint , specifically, the official act of a Christian communion declaring a person worthy of public veneration and entering their name in the canon catalogue of saints, or authorized list of that communion's recognized saints. Canonization is a papal declaration that the Catholic faithful may venerate a particular deceased member of
663-609: The De Regulis Juris promulgated in 1298 by Pope Boniface VIII . Interpretation (Catholic canon law) Jus novum ( c. 1140 -1563) Jus novissimum ( c. 1563 -1918) Jus codicis (1918-present) Other Sacraments Sacramentals Sacred places Sacred times Supra-diocesan/eparchal structures Particular churches Juridic persons Philosophy, theology, and fundamental theory of Catholic canon law Clerics Office Juridic and physical persons Associations of
714-527: The Digest , Liber l, Titulus 17. While regulae juris are greatly important, few general principles are without some exception. Some regulae juris are applicable in all matters and others only to judicial trials, benefices, et cetera; the following examples of those of limited applicability are from the Liber Sextus Decretalium : 88 legal dicta, axioms, or principles comprise
765-740: The Apostolic See concerning canonizations. Because the decretal of Pope Alexander III did not end all controversy and some bishops did not obey it in so far as it regarded beatification, the right of which they had certainly possessed hitherto, Pope Urban VIII issued the Apostolic letter Caelestis Hierusalem cives of 5 July 1634 that exclusively reserved to the Apostolic See both its immemorial right of canonization and that of beatification . He further regulated both of these acts by issuing his Decreta servanda in beatificatione et canonizatione Sanctorum on 12 March 1642. In his De Servorum Dei beatificatione et de Beatorum canonizatione of five volumes
816-682: The Mass contains only the names of apostles and martyrs, along with that of the Blessed Virgin Mary and, since 1962, that of Saint Joseph her spouse. By the fourth century, however, " confessors "—people who had confessed their faith not by dying but by word and life—began to be venerated publicly. Examples of such people are Saint Hilarion and Saint Ephrem the Syrian in the East, and Saint Martin of Tours and Saint Hilary of Poitiers in
867-526: The Pope : "The last case of canonization by a metropolitan is said to have been that of St. Gaultier , or Gaucher, [A]bbot of Pontoise, by the Archbishop of Rouen. A decree of Pope Alexander III [in] 1170 gave the prerogative to the [P]ope thenceforth, so far as the Western Church was concerned." In a decretal of 1173, Pope Alexander III reprimanded some bishops for permitting veneration of
918-460: The Roman Rota , taught that canonical law can only be interpreted and fully understood within the Catholic Church in the light of her mission and ecclesiological structure, and that "the work of the interpreter must not be deprived of "vital contact with ecclesial reality": All things considered, the hermeneutics of canonical laws is most closely tied to the very understanding of the law of
969-1357: The United Methodist Church has formally declared individuals martyrs , including Dietrich Bonhoeffer (in 2008) and Martin Luther King Jr. (in 2012). Various terms are used for canonization by the autocephalous Eastern Orthodox Churches : канонизация ("canonization") or прославление (" glorification ", in the Russian Orthodox Church ), კანონიზაცია ( kanonizats’ia , Georgian Orthodox Church ), канонизација ( Serbian Orthodox Church ), canonizare ( Romanian Orthodox Church ), and Канонизация ( Bulgarian Orthodox Church ). Additional terms are used for canonization by other autocephalous Eastern Orthodox Churches: αγιοκατάταξη ( Katharevousa : ἁγιοκατάταξις ) agiokatataxi/agiokatataxis , "ranking among saints" ( Ecumenical Patriarchate of Constantinople , Church of Cyprus , Church of Greece ), kanonizim ( Albanian Orthodox Church ), kanonizacja ( Polish Orthodox Church ), and kanonizace/kanonizácia ( Czech and Slovak Orthodox Church ). The Orthodox Church in America , an Eastern Orthodox Church partly recognized as autocephalous, uses
1020-585: The cultus universal, because he alone can rule the universal Catholic Church . Abuses, however, crept into this discipline, due as well to indiscretions of popular fervor as to the negligence of some bishops in inquiring into the lives of those whom they permitted to be honoured as saints. In the Medieval West, the Apostolic See was asked to intervene in the question of canonizations so as to ensure more authoritative decisions. The canonization of Saint Udalric, Bishop of Augsburg by Pope John XV in 993
1071-414: The force of law which authentic interpretations have. The effect of an authentic interpretation is contingent on the extent of the interpretation: An authentic interpretation which is presented by way of a law has the same force as the law itself, and must be promulgated. If it simply declares the words which are certain in themselves, it has retroactive force. If it restricts or extends a law or explains
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#17327723694871122-572: The 3rd-century jurisconsult Paulus ; it is: "The law is not drawn from the rule [r egula ], rather it is the rule which comes from the law." Jus novum ( c. 1140 -1563) Jus novissimum ( c. 1563 -1918) Jus codicis (1918-present) Other Sacraments Sacramentals Sacred places Sacred times Supra-diocesan/eparchal structures Particular churches Juridic persons Philosophy, theology, and fundamental theory of Catholic canon law Clerics Office Juridic and physical persons Associations of
1173-517: The Church....In such realistic prospectiveness, the interpretative undertaking, at times arduous, takes on meaning and purpose. The use of the interpretive meaning foreseen by the Code of Canon Law in can. 17, beginning with "the proper meaning of the words considered in their text and context", is no longer a mere logical exercise. It has to do with an assignment that is vivified by an authentic contact with
1224-465: The West. Their names were inserted in the diptychs , the lists of saints explicitly venerated in the liturgy , and their tombs were honoured in like manner as those of the martyrs. Since the witness of their lives was not as unequivocal as that of the martyrs, they were venerated publicly only with the approval by the local bishop . This process is often referred to as "local canonization". This approval
1275-598: The candidate for canonization lived and died in such an exemplary and holy way that they are worthy to be recognized as a saint. The Church's official recognition of sanctity implies that the person is now in Heaven and that they may be publicly invoked and mentioned officially in the liturgy of the Church, including in the Litany of the Saints . In the Catholic Church, canonization is a decree that allows universal veneration of
1326-490: The church. Popes began making such decrees in the tenth century. Up to that point, the local bishops governed the veneration of holy men and women within their own dioceses; and there may have been, for any particular saint, no formal decree at all. In subsequent centuries, the procedures became increasingly regularized and the Popes began restricting to themselves the right to declare someone a Catholic saint. In contemporary usage,
1377-447: The claims of those who were said to have died for the faith. All the circumstances accompanying the martyrdom were to be inquired into; the faith of those who suffered, and the motives that animated them were to be rigorously examined, in order to prevent the recognition of undeserving persons. Evidence was sought from the court records of the trials or from people who had been present at the trials. Augustine of Hippo (died 430) tells of
1428-408: The comprehensive reality of the Church, which allows one to penetrate the true meaning of the letter of the law. Something then occurs, similar to what I said about the inner process of St Augustine in biblical hermeneutics: "the transcending of the letter has rendered the letter itself credible". In such a manner, also in the hermeneutics of the law is it confirmed that the authentic horizon is that of
1479-439: The contrary signification of the words, provided that it does produce a result that is absurd, inappropriate, or contradicted by another law. Further, the provisions of a prior statute are presumed not to be changed beyond the express signification of the words of a new law. When a law is penal in nature, its words are to be construed in their strictest sense and not to be extended to cases that are not explicitly stated, but when
1530-473: The eminent canonist Prospero Lambertini (1675–1758), who later became Pope Benedict XIV , elaborated on the procedural norms of Pope Urban VIII 's Apostolic letter Caelestis Hierusalem cives of 1634 and Decreta servanda in beatificatione et canonizatione Sanctorum of 1642, and on the conventional practice of the time. His work published from 1734 to 1738 governed the proceedings until 1917. The article " Beatification and canonization process in 1914 " describes
1581-487: The end of the fifth Book of Decretals and 88 that Pope Boniface VIII placed in the final title of Liber Sextus Decretalium . These rules are deductions , rather than repetitions of legal principles in constitutions or judgments, of several laws on the same subject, and consequently were reserved to the final titles of the two books aforementioned, in imitation of the order of the Justinian Code , specifically
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1632-608: The faithful Pars dynamica (trial procedure) Canonization Election of the Roman Pontiff Academic degrees Journals and Professional Societies Faculties of canon law Canonists Institute of consecrated life Society of apostolic life In a specific sense, however, regulae juris are certain fundamental laws in the form of legal maxims memorialized in the Corpus Iuris Canonici , comprising 11 that Pope Gregory IX placed at
1683-423: The faithful Pars dynamica (trial procedure) Canonization Election of the Roman Pontiff Academic degrees Journals and Professional Societies Faculties of canon law Canonists Institute of consecrated life Society of apostolic life Regarding the canon law of the Catholic Church , canonists provide and obey rules for the interpretation and acceptation of words, in order that legislation
1734-431: The following process: Canonization is a statement of the Church that the person certainly enjoys the beatific vision of Heaven . The title of "Saint" ( Latin : Sanctus or Sancta ) is then proper, reflecting that the saint is a refulgence of the holiness ( sanctitas ) of God himself, which alone comes from God's gift. The saint is assigned a feast day which may be celebrated anywhere in the universal Church, although it
1785-453: The juridical truth to love, to seek out and to serve. It follows that the interpretation of canonical law must take place within the Church. This is not a matter of mere external circumstance, subject to the environs: it is a calling to the same humus of Canon Law and the reality regulated by it. Sentire cum Ecclesia takes on meaning also within the discipline, by reason of the doctrinal foundations that are always present and operative within
1836-520: The law does not directly affect or concern. Words of a law are never presumed to be superfluous. Words must be considered in their context. An interpretation of words that renders the law in question futile is a false interpretation. When words are in the future tense , and even when they are in the imperative mood regarding the judge, but not regarding the crime, the penalty is understood to be incurred not ipso facto but only upon judicial sentence. When words are doubtful they must be presumed to favor
1887-554: The least, the Universal Magisterium of the Church , because it is a truth related to revelation by historical necessity. Popes have several times permitted to the universal Church, without executing the ordinary judicial process of canonization described above, the veneration as a saint, the " cultus " of one long venerated as such locally. This act of a Pope is denominated "equipollent" or "equivalent canonization" and "confirmation of cultus ". In such cases, there
1938-475: The legal norms of the Church. In this manner, is also applied to Canon Law that hermeneutics of renewal in continuity of which I spoke in reference to the Second Vatican Council so closely bound to the current canonical legislation. Christian maturity leads one to love the law ever more and want to understand it and to apply it faithfully. Canonization#Catholic Church Canonization
1989-445: The minimum required number is lacking. Congregation for Religious and Secular Institutes to receive suspensive recourse against dismissal. In general, the authentic interpretation of a law may be made by the legislator or his successor or superior, but when this is not the case recourse must be had to what is called magisterial, or doctrinal, interpretation. It is for this latter mode that rules have been formed. The specific words of
2040-562: The office of the Promoter of the Faith (Latin: Promotor Fidei ), popularly known as the Devil's advocate , whose office is to question the material presented in favor of canonization. The reforms were intended to reduce the adversarial nature of the process. In November 2012 Pope Benedict XVI appointed Monsignor Carmello Pellegrino as Promoter of the Faith. Candidates for canonization undergo
2091-678: The person as a worker of miracles. The majority of Protestant denominations do not formally recognize saints because the Bible uses the term in a way that suggests all Christians are saints. However, some denominations do, as shown below. The Church of England , the Mother Church of the Anglican Communion , canonized Charles I as a saint, in the Convocations of Canterbury and York of 1660. The General Conference of
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2142-411: The procedure which was followed in his day for the recognition of a martyr. The bishop of the diocese in which the martyrdom took place set up a canonical process for conducting the inquiry with the utmost severity. The acts of the process were sent either to the metropolitan or primate , who carefully examined the cause, and, after consultation with the suffragan bishops, declared whether the deceased
2193-542: The procedures followed until the promulgation of the Codex of 1917. The substance of De Servorum Dei beatifιcatione et de Beatorum canonizatione was incorporated into the Codex Iuris Canonici ( Code of Canon Law ) of 1917, which governed until the promulgation of the revised Codex Iuris Canonici in 1983 by Pope John Paul II . Prior to promulgation of the revised Codex in 1983, Pope Paul VI initiated
2244-406: The saint. For permission to venerate merely locally, only beatification is needed. For several centuries the bishops , or in some places only the primates and patriarchs , could grant martyrs and confessors public ecclesiastical honor; such honor, however, was always decreed only for the local territory of which the grantors had jurisdiction. Only acceptance of the cultus by the Pope made
2295-705: The subjects thereof and not the legislator. According to Benedict XVI , the instructions of the Magisterium regarding canon law and its interpretation are binding per se insofar as it teaches of the law. The juridically binding instructions on canonical interpretation of the Magisterium are primarily given in the allocutions of the Supreme Pontiffs to the Tribunal of the Roman Rota . Pope Benedict XVI , in his address of 21 January 2012 to
2346-645: The term is understood to refer to the act by which any Christian church declares that a person who has died is a saint, upon which declaration the person is included in the list of recognized saints, called the "canon". In the Roman Martyrology, the following entry is given for the Penitent Thief : "At Jerusalem, the commemoration of the good Thief, who confessed Christ on the cross, and deserved to hear from Him these words: 'This day thou shalt be with Me in paradise.' The Roman Rite 's Canon of
2397-468: The virtues and miracles of persons proposed for public veneration should be examined in councils, more specifically in general councils. Pope Urban II , Pope Calixtus II , and Pope Eugene III conformed to this discipline. Hugh de Boves , Archbishop of Rouen , canonized Walter of Pontoise , or St. Gaultier, in 1153, the final saint in Western Europe to be canonized by an authority other than
2448-458: The words are said not to be nude but rather clothed with the will of the legislator. When a law is stated in general terms, it is presumed that no exception was intended; that is, if the general law states no exception, interpreters may not distinguish specific cases. Regarding all interpretations, however, that signification of the words in question is to be preferred that favors equity rather than strict justice . An argument can be made from
2499-471: Was required even for veneration of a reputed martyr. In his history of the Donatist heresy, Saint Optatus recounts that at Carthage a Catholic matron, named Lucilla, incurred the censures of the Church for having kissed the relics of a reputed martyr whose claims to martyrdom had not been juridically proved. And Saint Cyprian (died 258) recommended that the utmost diligence be observed in investigating
2550-520: Was the first undoubted example of papal canonization of a saint from outside of Rome being declared worthy of liturgical veneration for the entire church. Thereafter, recourse to the judgment of the Pope occurred more frequently. Toward the end of the 11th century, the Popes began asserting their exclusive right to authorize the veneration of a saint against the older rights of bishops to do so for their dioceses and regions. Popes therefore decreed that
2601-402: Was worthy of the name of "martyr" and public veneration. Though not "canonizations" in the narrow sense, acts of formal recognition, such as the erection of an altar over the saint's tomb or transferring the saint's relics to a church, were preceded by formal inquiries into the sanctity of the person's life and the miracles attributed to that person's intercession. Such acts of recognition of
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