Canon Law
CANON LAW
DEPARTMENTAL COURSES
MASTERS (MA, M.TH) AND LICENTIATE (ST.L) PROGRAMMES
FIRST SEMESTER
COURSE CODE NUMBERS, COURSE TITLES AND DESCRIPTIONS
(M.A., M.TH AND STL PROGRAMMES)
NB: All courses mounted
are compulsory for Canon Law students.
CNL 5011 History
and Sources of Canon Law
Reading and interpretation of Text
of the Fathers especially as in Corpus Iuris Canonici regarding Origin,
Definition and Division of Canon Law. In particular: Pseudo-Apostolic Writings;
Antique Collections of Councils; Dionysian Collections, Spanish Collections;
African Collections; Penitential Books; Pseudo Isidori Collections of Gregorian
Reform; Collections of Tvo Charters and Corpus
Iuris Canonici. Evolution of Canonical Science: Historical evolution of
juridical thoughts: Various periods and influences. Compilation of canonical
texts: From Apostolic times to XII Century; Compilation of Corpus Iuris
Canonici. Codification of the 1917 Code and the recodification of Codex Iuris
Canoonici of 1983. Introduction to the Code of Canon Law for the Eastern
Churches. Modern approaches to the study of Canon Law.
CNL 5021 Philosophy of Law
Necessity and Difficulty of
Philosophy of Law. Philosophy of Law and Sociology of Law. General Theories of
Law. The Human Person and Juridical Experience. Man as Person, Social beings,
principle, subject and end of law. Principle of Subsidiarity. Common good. Law
and Justice, Objective of Justice, Justice as foundation of Law. Natural
Justice and Positive Law. Injustice, Natural Law and Positive Law. Juridical
Systems. Juridical Norms. The Rule of Law.
CNL 5031 Theology of Law
Evolution of the Formation of the
Canonical Science and related problems. Nature, purpose and objectives of Canon
Law. Divisions in the Code. The Constitution: “Sacrae Disciplinae Leges.”
Theology and Law. Theological disciplines and Canonical Science. Problems and
prospects of Canon Law. Anti-juridical Trends. New Orientations Ecclesiastical
Foundations of Canon law: Church as Sacrament, Church as Communion, Church as
Institution, Charismatic Church and Institutional Church.
CNL 5051 Institutions
of Roman Law
Fontes Essendi et Fontes Cognoscendi of Roman Law: Constitutive and
Depository Sources; Principal parts of Roman Law; The Subject of Law and
acquisition of rights. Object of Law: Notion and Division. Property and
Hereditary Rights. Protection of Dominion. Obligations: Notion, Sources,
Contracts, Non-Contractual Acts.
CNL 5061 Canonical Latin: (Part
One)
Introduction: Necessity of Latin
language in the study of Canon Law. In particular, its necessity as regards
Science and Evolution of Canon Law. Theoretical part: Principal elements of
Latin syntax. Vocabulary and expressions proper to Canon Law.
CNL 5071 Canonical Latin: (Part
One)
Practical part: Initiation to the
Translation from Latin vulgate of the Code of Canon Law.Translation from the
Vilgate of more difficult texts of Antique Source and recent documents of Canon
Law. Characteristic examples of various Institutions of Canon Law.
CNL 5081 Canonical Methodology
Orientation and Methods of Canon
Law: Various Approaches to the study of Canon Law; Orientations of the 1917 and
1983 Code; Modern Theological Orientations of Canon Law. Knowledge and
familiarity with “Tools of the Trade.” Books on Canonical Research, Fundamental
notion of library science and Bibliography. Techniques in the writing of thesis
in Canon Law: Collection of materials; organization and evaluation of juridical
documentation. Elaboration of a theme in Canon Law. Presentation of the scheme
of work of a possible theme for Tesina (small thesis).
CNL 5091 Introduction to Civil
Law
Canonization of Civil Law According
to Canon 22: Canonization. Objectives, Extent and Limits, Application in the
Canons, Uses in practice.
CNL 5111 General Norms: (Part
One)
Introduction to the Code of Canon
Law. Description of the Code, nature, history, motivation, merits and defects,
reforms. Preliminary Canons. Ecclesiastical Law. Customs. General Decrees and
Instructions. Singular Administrative Acts. Statutes and Ordinances.
CNL 5121 General Norms: (Part
Two)
Subjects of Canon Law: Physical and
Juridical Persons. Juridical Acts. Power of Governance. Ecclesiastical Offices.
Prescription. The Reckoning of time.
CNL 5131 Teaching Office of the
Church
Novelty of Book III. Title, Orientation,
Structure and Content. The introductory Canons. Ministry of the Divine Word.
Missionary Activity of the Church. Catholic Education. Means of Social
Communication and Books in Particular. The Profession of Faith.
CNL 5141 Ecumenism and
Ecumenical Trends
The foundational structure of
Ecumenism considers the various documents of the Church on Ecumenism while
introducing the students to the canonical orientation in Ecumenical trends
zeroing the treat on the Ecumenical Movements in West African Sub-Region.
CNL 5211 Christ’s Faithful,
Laity and Associations
Obligation and Rights of Christ’s
faithful, in particular of the Law Members. Notion, Apostolate, Offices and
Ministry of the Laity. Right of freedom of Association in the Church. Norms
common to Associations. Public and Private Associations.
CNL 5221 Hierarchical Constitution
of the Church: Supreme Authority in the
Church - (Part One)
The teaching of the Vatican Council
II and the extant Code of Canon Law regarding the Hierarchy. Notion of the
Universal Church: The Supreme Authority of the Church: The Roman Pontiff and
his primatial prerogatives; personal
primacy of the supreme Pontiff and Universal jurisdiction of the College of
Bishops. Organs of communion and participation of the Universal Church (Synod
of Bishops, Cardinals, Roman Curia, and Papal Legates). The structure of the
Roman Curia.
CNL 5231 Institutes of
Consecrated Life
Norms common to all Institutes:
Consecration through Evangelical Counsels; Constitution of Institutes and their
Autonomy; Typology of Institutes. Religious Institutes: Houses; Government;
Temporal Goods; Admission; Formation; Religious Profession; Obligations and
Rights. Apostolate of Institutes; Separation from Institutes.
Secular Institutes and Societies of
Apostolic Life.
CNL 5241 Administrative Justice and
Hierarchical Recourse (Seminar)
Administrative Justice: Removal and
Transfer of Parish Priests. Administrative Recourse.
Equality of Sexes in the Church: The
Principle. Canonical Provisions. Vatican II and Post conciliar teaching.
Exclusion of Women from Orientation and other Ministries.
CNL 5311 Canonical Inculturation
(Seminar)
The course attempts to collocate
properly the gospel of inculturation in the Life and Practice of the Church,
outline the contemporary trends while asserting the Church’s Official Position.
Then, it considers the inculturational salient issues, like Sacraments,
Customs, Particular Laws, etc.
CNL 5321 Sacraments of Christian
Initiation
Introduction to Sacramental Law. This
course considers selected important canonical topics of the Sacraments of
Baptism, Holy Eucharist and Confirmation.
CNL 5331 Marriage: (Part One)
Description and analysis of the
Institution of Marriage. Care of the Church on Marriage. Position of Civil Society on Canonical Marriage,
Personal and Interpersonal character of Conjugal Alliance. Marriage as a Covenant, as a
Contract and as a Sacrament. Objective and Necessity of Consent. The law that
regulates marriage between Catholics. Prerequisites for the Celebration of
Marriage. Impediments, Matrimonial consent. The Form of Celebration of
Marriage. Mixed marriages. Secret celebration of Marriage. The Effects of
Marriage. Separation of spouses. Validation of Marriage.
CNL 5421 Processes: Trials in
General
Biblical – Theological Foundation of
Canonical Processes. Nature of Canonical Processes. History of Canonical
Processes. Division and Typology: Judicial and administrative, written and
oral, special and penal. Trials in General, Competent Forum. Kinds of Tribunals
and their Discipline. Parties in a Case. Actions and Exceptions.
CNL 5441 Special Processes:
(Part One)
Matrimonial Processes for Nullity of
Marriage. Cases of Separation of Spouses, Dispensation from a Ratified and
Non-consummated marriage. Presumed Death of a Spouse. Cases of Declaration of
Nullity of Sacred Ordination. Ways of Avoiding Trials. The Penal Process.
NB: All courses mounted
are compulsory for Canon Law students.
CNL 5042 Code of Canon Law of
the Eastern Churches
Codification of the Code of Canon
Law for Oriental Churches: Revision Criteria, Sources, Theological Principles,
Structure of Codex Canonum Ecclesiarum
Orientalium (CCEO). Ecclesiological and canonical concept of Oriental
Churches sui iuris: autonomy of the
Churches and communion with Apostolic See. Juridical enrolment of the Church.
Four Categories of Oriental Church sui
iuris. Common Characteristics and Diversity. Eastern monastic and religious
states. Sacraments in Oriental Churches. Marriage in the Oriental Code.
Comparison with Latin normative.
CNL 5052 Public Ecclesiastical
Law: Church and State
Relation between Church and State in
the Antique Age. Church and State in the Medieval Age. Church and Modern
States. Church and State of Contemporary Age. Canonical Theory on the Relation
of Church to the State. Concept of Secular State, Objectives of Conscience. The
Secular State and protection of religious matters: Marriage. Civil Effects of
Marriage, recognition of Sentence of nullity. sustenance of the Clergy.
Education: possibility of establishment of Schools, Religious Instruction in
Schools. Spiritual Assistance: Prisons, hospitals, army.
CNL 5062 Canonical Latin: (Part
Two)
Introduction: Necessity of Latin
language in the study of Canon Law. In particular, its necessity as regards
Science and Evolution of Canon Law. Theoretical part: Principal elements of
Latin syntax. Vocabulary and expressions proper to Canon Law.
CNL 5072 Canonical Latin: (Part
Two)
Practical part: Initiation to the
Translation from Latin vulgate of the Code of Canon Law. Translation from the
Vilgate of more difficult texts of Antique Source and recent documents of Canon
Law. Characteristic examples of various Institutions of Canon Law.
CNL 5142 Juridical Acts and
Power of Governance (Seminar)
Selected themes in Book 1 on
Juridical Acts. Power of governance: Nature and origin of Sacred power. Opinion
of Canonists. State of the Question after the Code of Canon Law.
CNL 5262 Orders and Sacred
Ministers
Common and Ministerial Priesthood.
The Episcopate, presbyterate and diaconate. Celebration and Minister of
Ordination. Reservation of Ordination to Men. Prerequisites for Ordination.
Irregularities and other Impediments.
Formation of Clerics. Incardination
of Clerics. Obligation and rights of clerics. Loss of the Clerical State.
Personal prelatures.
CNL 5272 Hierarchical
Constitution of the Church: Particular Churches –
Authority, Groupings and
Organization - (Part Two)
Particular Churches and Authority
constituted within them. Evolution in the understanding of particular Churches:
Various groupings of the particular churches: Ecclesiastical Provinces and
Regions. Episcopal Conferences. The competence of the Conferences of Bishops. The
Diocesan Bishop and organs of organizational consultation and participation in
the particular churches with emphasis on the New Collegial Institutes within
them. Parishes and others: Parish priests. Assistant Parish priests:
Organization of parish personnel and structures for effective pastoral work.
Restructuring the ecclesial basic structure.
CNL 5282 Temporal Goods of the
Church
Nature and Objective of Temporal
Goods. Right of the Church to Temporal Goods. Independence from civil authority
in matters of temporal goods. Relation between the Church and other juridical
persons. Subject of Dominion. Authority of the Supreme Pontiff on temporal
goods. Communion of goods in the Church. Acquisition of Goods. Administrations
of Ecclesiastical goods. Contracts and especially Alienation. Pious
Dispositions in general and Pious Foundations. Temporal Goods in Religious
Institutes and their Administration.
CNL 5342 Marriage: (Part Two)
CNL 5352 Sanctifying Office and
Sacramentals
Preliminary canons. Sacraments in
General “Communicatio in Sacris” Celebration according to Liturgical Books.
Gratuitous Nature of Sacraments. The Blessed Eucharist especially Reservation
and Veneration. Offering made for Celebration of Mass. Other Acts of Divine
worship. Sacramentals, Church Funerals, Cult of the Sins, Vows and Oaths,
Sacred Places and Times.
CNL 5362 Sacraments of
Reconciliation and Anointing of the Sick.
The sacrament of Penance. The Nature
of the Power of Absolution of sins. The celebration of the Sacrament of
Penance. Indulgences. The Nature, Celebration and Ministers of the Sacrament of
the Sick.
CNL 5372 Constitutive Psychological
Factors in Marriage
Since the advent of the Second
Vatican Council, the Church has acknowledged the importance of psychology in
understanding human acts including juridical acts. This is especially reflected
in Church marriages. These include the Constitutive Psychological Factors
arising from psychological issues as developed over the years in Matrimonial
Jurisprudence. Marriage Consent and the Psychological Schools of thought;
Marriage Consent as Human Act; Personality Development and the Dynamics of
Motivation for Marriage; Cognitive perspective in Marriage Consent; Volitional
perspective in Marriage Consent; Maturity required for Marriage; Discretion of
Judgment required for Valid Marriage Consent; Psychological Capacity to Assume
the Essential Marital Obligations; Psychological Factors and the Pastoral Care
of Marriage.
CNL 5412 Sanctions In the Church
Coercive Power in the Church. Church
and the fact of Sin. Biblical Foundation of coercive power. Coercive power I
the Code. Notion of Crime and Punishment. Authority with coercive power in the
Church. Subjects liable to Penal Sanctions. Penalties and other Punishments:
Medical Penalty of Censures. Expiatory Penalties. Penal Remedies and Penances.
Application of Penalties. Cessation of Penalties. Penalties for particular
offences.
CNL 5432 Processes:
Contentious Trials
This course consists of the
following topics: The introductory petition of the suit; the citation and
notification of judicial acts; the joinder of issues (contestatio litis) and the prosecution of the suit. The others
include: the advancement of proofs (the declaration of the parties, documentary
proofs, witnesses and testimonies); the services of experts (de peritis); access and judicial recognizance
and presumptions); the incidental cases (parties who do not appear in court,
and the intervention of third party in a case); the publication of the Acts,
the conclusion of the case and discussion of the case; the pronouncements of
the judge; Challenge of the Sentence (complaint of nullity against the
sentence, the appeal); Res Judicata
and Restituto in integrum; Court
costs and gratuitous legal assistance and finally the execution of the
sentence.
CNL 6452 Special Processes:
(Part Two)
Processes for declaration of nullity
of marriage. Dissolution of marriage in various cases.
Process over nullity of sacred
ordination. Dispensation from clerical celibacy. The cause of canonization.
CNL 5462 Causes of Beatification
and Canonization (Seminar)
Universal Vocation to Holiness and
Sanctity in General. Historical notes of the origin of Cult of Martyrs and
Confessors. Historical and juridical evolution of the Process of Beatification
and Canonization. Innovations introduced after the Code. General Norms. Roman
Pontiff and Bishops associated with the acts introducing the process. Cognition
Process. Persons that participate in the process. The Competent Forum: Diocesan
and Regional Tribunal. Determination before Congregation. Proofs. Beatification.
Introduction of the Cause. Acts of Diocesan Curia and Congregation.
Determination over martyrdom, virtue, miracles and Canonization.
FIRST SEMESTER: COURSE CODES AND CODE
NUMBERS
CNL 6111 Contemporary Issues in
Canon Law (Sem.)
Discussion of topical issues in
Canon Law. Canon Law and the African perspectives. African contribution to
Canonical patrimony. Other issues that are disputed and are of current
interests and relevance.
CNL 6121 Philosophical Trends in
Canon Law
Greek contribution to legal science.
The influence of Roman Law. Major philosophical
theories of Law. Philosophical basis of Canon Law.
CNL 6211 Ecclesiastical Rights
and Conditions of Lay Persons in the Church
Evolution of human rights, thought
and practice in the Civil society. Ecclesial rights: issues, scope, protection
and vindication. Jurisprudence on Ecclesial rights. Evolution of the notion of
the laity: historical development in the canonical condition of the laity;
obligations and rights of the law members of Christ’s faithful. Associations of
the law members of Christ’s faithful. Integration of their modus operandi with
the African modes of association.
CNL 6221 Structure of the
Universal Church
Notion of the Universal Church: The
Roman Pontiff and his primatial prerogatives; personal primacy of the supreme
Pontiff and Universal jurisdiction of the College of Bishops. Organs of
communion and participation of the Universal Church. The structure of the Roman
Curia.
CNL 6231 Structure of the
Particular Churches
Evolution in the understanding of
the particular Churches: Various groupings of the particular churches; the
competence of the conferences of Bishops. The Diocesan Bishop and organs of
participation and consultation in the particular churches. Organization of
parish personnel and structures for effective pastoral work. Restructuring the
ecclesial basic structure.
CNL 6241 Clerics and Politics
(Seminar)
Participation of a cleric in
politics. The obligation to abstain from partisan politics and the rationale
for the prohibition. The influence of local conditions on the observance of
this rule.
CNL 6251 Ecclesial Basic
Communities in the Structure of the Church (Seminar)
The place of ecclesial basic
communities in the structure of the particular church: their role in liturgical
worship; administration and evangelization.
CNL 6311 Administrative Law,
Justice and Recourse in the Church (Sem.)
The power of governance:
Ecclesiastical offices. Administrative decrees, Rescripts, privileges and
dispensations. Transfer and removal of parish priests. Administrative recourse.
Ombudsman in the Church. Avenues open for members of Christ’s faithful to
obtain justice in administrative matters. Arbitration and mediation.
Administrative tribunals. Hierarchical recourse.
CNL 6321 Maintenance of the
Clergy and other Church Personnel (Seminar)
Right to adequate maintenance for
the clergy and other church workers. Issues of social justice: local
arrangements and diocesan policies.
CNL 6411 Selected Questions on
Tribunal and Processes
Apostolic tribunals. Diocesan and
regional tribunals. Various grades of tribunals. The administration and
discipline of the tribunals.
CNL 6421 Customary Marriage in
the Light of Canonical Jurisprudence (Seminar)
African notion of marriage: its
essential elements and properties; the place of consent, impediments and how
these can be received into canonical matrimonial jurisprudence.
SECOND SEMESTER
COURSE CODE NUMBERS, COURSE TITLES AND DESCRIPTIONS (Ph.D PROGRAMME)
SECOND SEMESTER: DOCTORAL (Ph.D) COURSE DESCRIPTIONS
CNL 6262 Canonical Status of
Sacred Ministers
Requirements for entry into the
clerical state. Incardination and Excardination. Obligations and rights of
clerics. Impact of cultures on the clerical state. Leaving the clerical state:
voluntarily; dismissal from the clerical state.
CNL 6272 Issues on Institutes of
Consecrated Life and Societies of Apostolic Life (S)
Evolution of various forms of
consecrated life: common norms; religious life and institutes of religious
life. Secular institutes. Societies of Apostolic life. Their role in the Church
and in the world. Inculturation of religious life in Africa.
CNL 6282 Canonical Status of
Women in the Church (Seminar)
The position of Women as women in
the Church: their canonical abilities and disabilities as women, both lay and
religious. Prospects and problems of equality of sexes in the Church.
CNL 6332 The Teaching Office of
the Church
The universal mandate of Church. The
Magisterium: the participation of lay members of Christ’s faithful in the
teaching office. The ministry of the word with special reference to
evangelization in the world of today. Issues in Catholic Education. The use of means
of social communication.
CNL 6342 Liturgical and
Sacramental Ministry
Canonical discipline on the Liturgy:
the sacraments in general. Key issues in individual sacraments. Sacraments,
sacred times and places. African perspective in canonical discipline on acts of
divine cult and inculturation of liturgical rites and texts.
CNL 6352 Current Questions in
Matrimonial Laws
Marriage covenant/contract.
Sacramentality of marriage. Monogamy-polygamy reconsidered. Status of customary
marriage. Pastoral preparation for marriage. Matrimonial impediments. Consent
and defects of consent from African perspective. Healing of marriage.
CNL 6362 Temporary Goods of the
Church
Objectives of temporal goods in the
Church. Acquisition and administration of ecclesiastical goods. The
rich-clergy/church image. The universal destination of goods of the Church and
the obligation to foster social justice in the administration of the temporal
goods of the Church. Contracts. Pious foundations and wills.
CNL 6432 Traditional Dispensation
of Justice (Seminar)
Means of resolving conflicts of
settling disputes in the traditional society. Various bodies or agencies
involved in the settlement of disputes. Possible contribution to the
dispensation of justice in the Church in Africa.
CNL 6442 Matrimonial
Jurisprudence in General
Concept, role and scope of Canonical
Jurisprudence. Nullity arising from impediments with special reference to
sexual impotence. Nullity arising from defect of canonical form such as invalid
convalidation. Nullity arising from defect of matrimonial consent.
CNL 6452 Psychological Factors in
Matrimonial Jurisprudence
An in-depth study of aspects of
Matrimonial Jurisprudence of Psychological factors affecting the validity of
marriage. Comparison of Rotal and other particular Church’s jurisprudence.
African jurisprudence.This includes issues such as: Ignorance in marriage;
error in marriage, effect of Fraud in Marriage Consent, Simulation, Conditional
Consent, Force and Fear; Lack of sufficient Use of Reason, Lack of Due
Discretion of Judgment, Psychological Inability to Assume the Essential
Obligations of Marriage, Psycho-sexual deviations and the Inability for the
formation of stable and peaceful Community of Life and Conjugal Love and lastly
the Juridical test in the application of Psychological principles for cases of
Psychological Incapacity.