Basic Concepts and Types of Law

In order to understand the Catholic Contribution to Law, it is helpful to be familiar with the meaning of some important terms. First of all, a definition of Law might be helpful:

Laws are Systems of rules given by an authority to regulate behavior. Laws are an External norm of morality (in contrast to conscience which is internal).

The existence of Law implies an authority. Even "Natural Law" presumes the existence of a purposeful creator. There are three ways of linking authority to law. In some societies, such as a dictatorship, or the rule of Judges in Ancient Israel, all three powers are based in a single authority. In other societies, such as the United States, the division of power is granted to three branches of government.

• Who has power to MAKE laws (legislative)
• Who has power to ENFORCE laws (executive)
• Who has power to make JUDGEMENTS based on laws (judicial)

The Catholic Church is monarchical institutions so all three powers ultimately rest with a primary authority (the pope and magisterium). Only the Pope can alter the canon law of the Church, but as a practical matter, the executive and judicial powers are delegated to regional authorities (bishops, religious superiors, etc.) who represent the magisterium in their realm.

Types of Law

There are many types of Law: Civil, Canon, Common, Case, Statutory, Natural, Positive, etc. . . Types of Law are inter-related and are they not mutually exclusive!!! (For example, there is such a thing as positive divine law, and natural divine law, statutory civil law, and common civil law, etc. . . ) A good way to understand the realm of different definitions of law type is to contrast opposing types.

Natural Law (eternal) vs. Positive Law (changeable)
• Natural Laws or rights are bestowed by creator and can be discerned by reason. Apply to all people for all time.
• Positive Laws or rights bestowed by a legitimate authority. Binding a specific people, during a particular time. Positive Laws can be either Human or Divine, but all Human laws are Positive.

Divine Law vs. Human Law
• Divine Laws can be natural or positive. Positive divine laws are based on revelation (Mosaic laws, Sacraments, etc.) Natural divine laws are accessible to all by reason and reflect the character of the creator.
• Human Laws are always positive but can be based on natural law or opposed to natural law. Human Laws reflect the values and traditions of particular societies.

Statutory Law (legislated by lawgiver) vs. Common Law (customary) vs. Case Law (rule by judges)
• Statutory Law is established by an authority (congress or monarch)
• Common Law is based on precedents, tradition, and customs.
• Case Law is rulings of judges who make decisions based on interpretation of statutes or customary laws. Case law sets “precedents”.

Civil Law vs Criminal Law
• Civil Law can refer to non-criminal laws having to do with rights and duties of persons and organizations (marriage, property rights, etc.). It can also refer to the whole Body of Laws of countries whose legal system is derived from Roman Law
• Criminal Law prohibits conduct considered to be harmful or dangerous to the property or welfare of citizens.

International Law vs. Municipal Law
• Municipal laws refer to all of the domestic laws of a sovereign nation
• International Law is set of rules accepted as binding between states. Treaties, Ambassadors, etc.

Public Law vs. Private Law
• Public Law are civil and criminal laws intended to protect the rights of the state, and society at large
• Private Law protects individuals and involves contracts between individuals, family law, marriage, wills, etc.

Canon Law vs. Roman Law
• Canon laws (Corpus juris Canonici) are made and enforced by the Church to regulate its organization and to direct Catholics towards the mission of the Church: the salvation of souls.
• Roman law (Corpus juris Civilis) was the civil law by which the Roman Empire was governed, and was the basis of Western civil law from the Middle Ages until the 19th century.

Divine Law and Human Law

Natural Law is a type of Divine Law that illuminates natural reason and is written on every human heart. It draws us to good and away from evil, towards the will of God.
• Natural law is supported by Scripture, but is distinct from scriptures and has been recognized by many pagans (Sophocles, Confucius, etc.)
• Natural law is the foundation of all other laws. Natural laws are eternal, unchanging, flow from Divine Will and Divine Reason, and are binding on all men at all times.
• Positive laws that contradict natural law are unjust.

Natural Law governs:
• Man's relationship to God — Worship God and do his will
• Man's responsibility to himself — Control our sensual appetites
• Man's responsibility to neighbor — Do unto others as we would have them do unto us.
• Honor they mother and father — Recognize legitimate authority

Divine Positive Law is made known by supernatural revelation, especially in Holy Scriptures.
• Needed to explain parts of natural law that are difficult to discern.
• Old Testament Divine Laws: Ten Commandments, Ceremonial laws, Patriarchal Laws, etc.
• New Testament Divine Laws: Sermon on the Mount, Counsels of Perfection, Sacraments, etc..

Human Laws are based on three legitimate authorities:
• Parental authority — related to welfare of children
• Catholic Church — laws bind only those who are baptized
• State — power of state to make laws is derived from God

Examples of Human Positive Laws
• Civil Law — Deals with rights and duties of individuals. Contrast to Criminal Law.
• Common Law/Case Law — Law made by judges, arising by precedent, rather than legislative authorities. Example: 'Common law' marriage.
• Statutory Law — Written Laws made by legislatures, kings, or regulatory bodies
• Canon Law — Body of statutory laws made by Church authorities relating to governance of the church and spiritual matters.
• Bylaws — Rule established by a civic organization to rule itself.

Terms and Definitions

A few general legal terms are defined below. Many more legal terms relating the legal system of the Catholic Church can be found on the Canon Law information page.

• Codification — Act of collecting and restating the laws in certain areas, in order to form a uniform, written legal code. A 'Codex" is a book of laws.
• Jurisdiction — Authority granted to an ordinary to administer canon law in their realm.
• Abrogation — Official repeal of a law or charter
• Derogation — Partial repeal, delay or suppression of a law
• Lex — Latin term for "law"
• Jus — Latin term for "right"
• Decretals — Latin term for "Decrees" or a collection of Decrees