20 years?

[Penitant]

I was told this recently:

“A principle of canon law is that if something is a custom for 20 years it also has the force of law”

Can anyone say whether or not this is accurate? Can anyone provide some evidence of this?

Thank you,
Penitant

 

[1ke]

Whenever someone make such a statement, it is incumbent upon them to provide a source.

Here is what Canon Law says regarding Custom:

Can. 23 A custom introduced by a community of the faithful has the force of law only if it has been approved by the legislator, in accordance with the following canons.

Can. 24 ß1 No custom which is contrary to divine law can acquire the force of law.

ß2 A custom which is contrary to or apart from canon law, cannot acquire the force of law unless it is reasonable; a custom which is expressly reprobated in the law is not reasonable.

Can. 25 No custom acquires the force of law unless it has been observed, with the intention of introducing a law, by a community capable at least of receiving a law.

Can. 26 Unless it has been specifically approved by the competent legislator, a custom which is contrary to the canon law currently in force, or is apart from the canon law, acquires the force of law only when it has been lawfully observed for a period of thirty continuous and complete years. Only a centennial or immemorial custom can prevail over a canonical law which carries a clause forbidding future customs.

Can. 27 Custom is the best interpreter of laws.

Can. 28 Without prejudice to the provisions of can. 5, a custom, whether contrary to or apart from the law, is revoked by a contrary custom or law. But unless the law makes express mention of them, it does not revoke centennial or immemorial customs, nor does a universal law revoke particular customs.

 

[Penitant]

Whenever someone make such a statement, it is incumbent upon them to provide a source.

Here is what Canon Law says regarding Custom:

Can. 23 A custom introduced by a community of the faithful has the force of law only if it has been approved by the legislator, in accordance with the following canons.

Can. 24 ß1 No custom which is contrary to divine law can acquire the force of law.

ß2 A custom which is contrary to or apart from canon law, cannot acquire the force of law unless it is reasonable; a custom which is expressly reprobated in the law is not reasonable.

Can. 25 No custom acquires the force of law unless it has been observed, with the intention of introducing a law, by a community capable at least of receiving a law.

Can. 26 Unless it has been specifically approved by the competent legislator, a custom which is contrary to the canon law currently in force, or is apart from the canon law, acquires the force of law only when it has been lawfully observed for a period of thirty continuous and complete years. Only a centennial or immemorial custom can prevail over a canonical law which carries a clause forbidding future customs.

Can. 27 Custom is the best interpreter of laws.

Can. 28 Without prejudice to the provisions of can. 5, a custom, whether contrary to or apart from the law, is revoked by a contrary custom or law. But unless the law makes express mention of them, it does not revoke centennial or immemorial customs, nor does a universal law revoke particular customs.

Thank you very much, 1ke.

Could you answer a few questions for me?

1. Who is the legislator?(Can. 23)
2. What is a community capable at least of receiving a law? (Can. 25)

 

[1ke]

Thank you very much, 1ke.

Could you answer a few questions for me?

1. Who is the legislator?(Can. 23)
2. What is a community capable at least of receiving a law? (Can. 25)

I am not a canon lawyer.

However, legislators would be the Pope and Bishops. In the case of orders of priests, brothers, and nuns, it could also be their abbott, superior, etc, I suppose although I’m not positive about that.

A community capable of receiving a law would be, I suppose, the universal church, a diocese, a lay association, an order of priests, sisters, etc.

 

[cameron_lansing]

I am not a canon lawyer.

However, legislators would be the Pope and Bishops. In the case of orders of priests, brothers, and nuns, it could also be their abbott, superior, etc, I suppose although I’m not positive about that.

A community capable of receiving a law would be, I suppose, the universal church, a diocese, a lay association, an order of priests, sisters, etc.

Fine answer still.

A diocesan bishop though, rather than an auxilliary bishop, can exercise legislative power as well in his diocese. Morever, episcopal conferences, synods, and certain councils can legislate in certain situations subject to the approval of the authority which convoked them.

Canons 135,341, 343, 445, 446 and 466 are among those which address this. Apostolos suos should also be read in regard to episcopal conferences, and can be found at www.ewtn.org/library/PAPALDOC/JP2APOST.HTM .

Institutes of consecrated life (religious and secular institutes) and societies of apostolic life as well as associations of the Christian faithful that have been established or approved by competent authority are communities capable of receiving law. Generally, legislative power resides in the general chapter or council. The proper law would indicate that in detail.

Since the diocesan bishop could legislate for a parish in his diocese, a parish could be a community capable of receiving a law. So would the priests of his diocese. Hence the possibility of establish a legal custom exists in those situations.