Ius (Canon Law)
Encyclopedia
Ius or jus is Latin for one sense of the English word, law. In the Canon Law
of the Catholic Church, ius refers to custom, practice or "Tradition."
The early law of the Church, especially prior to the First Council of Nicaea
in 325 a.d., was largely unwritten, at least in the form of law, but existed in the practices, customs and teachings of the early Christian community. What largely was communicated generation to generation was an oral tradition passed from the apostles to the Bishops, and from Bishops and priests to the faithful through their preaching and way of life. Some of what is included in the term ius would be interpretations of particular scriptural passages, theological understandings of the liturgy and liturgical practices themselves. Evidence for the content of this oral tradition of teaching is found among the writings of the Early Church Fathers as well as in the later legislation of the Church or lex
.
Ius is typically understood in contradistinction to lex. The Early Church, which existed more or less under persecution in the Roman Empire
prior to Constantine I
in the early fourth century, was not in a position to gather large councils for the purpose of legislation or theological clarification prior to 325 a. d. Laws formalized as lex after 325 a.d. are sometimes falsely interpreted as having a "new" content. This is usually not the case. Most Church legislation is either a development of prior teaching, or practice or re-affirmation of teaching or practice unless otherwise expressly stated.
Canon law (Catholic Church)
The canon law of the Catholic Church, is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code and principles of legal interpretation. It lacks the necessary binding force present in most modern day legal systems. The academic...
of the Catholic Church, ius refers to custom, practice or "Tradition."
The early law of the Church, especially prior to the First Council of Nicaea
First Council of Nicaea
The First Council of Nicaea was a council of Christian bishops convened in Nicaea in Bithynia by the Roman Emperor Constantine I in AD 325...
in 325 a.d., was largely unwritten, at least in the form of law, but existed in the practices, customs and teachings of the early Christian community. What largely was communicated generation to generation was an oral tradition passed from the apostles to the Bishops, and from Bishops and priests to the faithful through their preaching and way of life. Some of what is included in the term ius would be interpretations of particular scriptural passages, theological understandings of the liturgy and liturgical practices themselves. Evidence for the content of this oral tradition of teaching is found among the writings of the Early Church Fathers as well as in the later legislation of the Church or lex
Lex (Canon law)
Lex is Latin for one sense of the English term, law. In the Canon Law of the Catholic Church, lex refers to law which has been formulated in written form and promulgated by competent authority...
.
Ius is typically understood in contradistinction to lex. The Early Church, which existed more or less under persecution in the Roman Empire
Roman Empire
The Roman Empire was the post-Republican period of the ancient Roman civilization, characterised by an autocratic form of government and large territorial holdings in Europe and around the Mediterranean....
prior to Constantine I
Constantine I
Constantine the Great , also known as Constantine I or Saint Constantine, was Roman Emperor from 306 to 337. Well known for being the first Roman emperor to convert to Christianity, Constantine and co-Emperor Licinius issued the Edict of Milan in 313, which proclaimed religious tolerance of all...
in the early fourth century, was not in a position to gather large councils for the purpose of legislation or theological clarification prior to 325 a. d. Laws formalized as lex after 325 a.d. are sometimes falsely interpreted as having a "new" content. This is usually not the case. Most Church legislation is either a development of prior teaching, or practice or re-affirmation of teaching or practice unless otherwise expressly stated.