Rachel Evans
The Catholic Church has the oldest continuously functioning legal system in the West, with a highly complex legal system that encapsulates norms of the New Testament, and elements of Hebrew, Roman, Visigothic, Saxon, and Celtic legal traditions. The canon law of the Catholic Church has all the ordinary elements of a mature legal system: laws, courts, lawyers, and judges. Papal documents fall into certain recognized categories with levels of authority relative to each other. These include apostolic constitutions, encyclicals, apostolic epistles, apostolic exhortations, decretals, and allocutiones. Foundational documents of Catholic Social Teaching (CST) include Rerum Novarum (On the Condition of Labor), Deus Caritas Est (God Is Love), Sacramentum Caritatis (The Eucharist as the Source and Summit of the Church's Life and Mission), and Caritas in Veritate (Charity in Truth).
| Characteristics | Values |
|---|---|
| Papal documents | Apostolic Constitutions, Encyclicals, Apostolic Exhortations, Decretals, Allocutions, Apostolic Epistles |
| Levels of authority | Relative to each other |
| Canon law | 1983 Code of Canon Law, the Code of Canons of the Eastern Churches, Pastor Bonus |
| Ecclesiastical positive law | Fasting during Lent, religious workers requiring permission to publish books |
| Foundational documents | Rerum Novarum, Quadragesimo Anno, Mater et Magistra, Pacem in Terris, Gaudium et Spes, Dignitatis Humanae, etc. |
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Papal documents
Apostolic Constitutions
These are considered the most solemn papal documents and concern weighty doctrinal or disciplinary matters that are published as either universal or particular laws of the Church. Examples include the Constitution on the Liturgy (Sacrosanctum Concilium) and the Constitution on the Catechism of the Catholic Church.
Encyclicals
Encyclicals are papal letters of a pastoral nature, used in their current form since 1740. When an encyclical is written in response to a particular need or addressed to a specific group, it is called an Apostolic Epistle. These epistles are not considered legislative or doctrinal documents but rather give counsel in light of particular circumstances.
Apostolic Exhortations
These are papal reflections on a particular topic addressed to all of the clergy and faithful. Apostolic Exhortations do not contain dogmatic definitions or policies and are not considered legislative documents. An example is Familiaris Consortio, which discusses the role of the Christian family in the modern world.
Decretals
Decretals were first used in the 2nd century and originally contained papal decisions related to questions of discipline and administration. In modern times, they are reserved for solemn matters such as dogmatic definitions and canonisations and are generally accepted to belong to the extraordinary magisterium of the Holy Father.
Allocutions
Prior to the 19th century, the term "allocutiones" was reserved for solemn addresses given by the Pope to his cardinals. Today, papal allocutions and addresses are published in the Acta Apostolicae Sedis and other sources, addressing specific issues or circumstances and aimed at particular groups of people.
In addition to these papal documents, the Catholic Church also has a highly complex legal system known as canon law, which includes the 1983 Code of Canon Law, the Code of Canons of the Eastern Churches, and Pastor Bonus, among other sources.
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Encyclicals
In the Catholic Church, encyclicals are a specific category of papal document, a kind of pastoral letter concerning Catholic doctrine, sent by the pope. Encyclicals are usually addressed to patriarchs, primates, archbishops, and bishops who are in communion with the Holy See. The form of the address can vary widely and may concern bishops in a specific area or designate a wider audience.
The term 'encyclical' comes from the Late Latin 'encyclios' (originally from the Latin 'encyclius', a Latinization of Greek 'enkuklios', meaning 'circular', 'in a circle', or 'all-round'). In the ancient Roman Church, an encyclical was a circular letter sent to all the churches in a particular area. At that time, the word could be used for a letter sent out by any bishop. Over time, the term became primarily associated with papal encyclicals.
The first papal encyclical is generally regarded to be 'Ubi Primum', a letter written by Pope Benedict XIV in 1740. Since then, the term has been used almost exclusively for letters sent out by the pope. Encyclicals usually take the form of a papal brief due to their more personal nature, as opposed to the formal papal bull. They are typically written in Latin unless addressed specifically to the Bishops or the church of one region. Notable encyclicals not written in Latin include the 1931 Italian 'Non abbiamo bisogno', against Italian fascist suppression of groups like Catholic Action, and the 1937 German 'Mit brennender Sorge', against the Nazi idolization of race and nation.
On social issues, Pope Leo XIII promulgated the encyclical 'Rerum Novarum' in 1891, which was followed by 'Quadragesimo Anno' of Pope Pius XI in 1931 and 'Centesimus Annus' of Pope John Paul II in 1991.
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Apostolic constitutions
The Apostolic Constitutions, or Constitutions of the Holy Apostles, is a Christian collection of eight books, classified among the Church Orders, a genre of early Christian literature. The work is dated between 375 and 380 AD and is thought to have originated in Syria, likely Antioch. The author is unknown, although some have speculated that it may have been the 4th-century Eunomian bishop Julian of Cilicia.
The Apostolic Constitutions contain prescriptions on moral conduct, liturgy, and Church organisation, serving as a manual of guidance for the clergy and laity. The structure of the work is as follows: Books 1 to 6 are a re-wording of the Didascalia Apostolorum, an earlier work of the same genre. Book 7 is partially based on the Didache, and chapters 33-45 contain prayers similar to Jewish prayers used in synagogues. Book 8 is a more complex section, including an extract of a lost treatise on the charismata, chapters based on the Apostolic Tradition, and the Canons of the Apostles, which had a wider circulation than the rest of the book.
The Apostolic Constitutions are an important source for the history of the liturgy in the Antiochene rite and are regarded as a highly significant historical document. They reveal the moral, religious, and liturgical observances of the 3rd and 4th centuries. The Canons of the Apostles, found in the last chapter of Book 8, present themselves as being from an apostolic Council at Antioch and were later approved by the Eastern Council in Trullo in 692 but rejected by Pope Constantine.
The text was first published by Paul de Lagarde in 1856 and later by Franz Xaver von Funk in 1905. It is also known as the Epitome, referring specifically to the eighth book of the Apostolic Constitutions, which contains a re-wording of select chapters.
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Canon law
The canon law of the Catholic Church has all the elements of a mature legal system: laws, courts, lawyers, and judges. It also has principles of legal interpretation and coercive penalties. The term "canon law" (ius canonicum) came into regular use from the 12th century onwards. The history of Latin canon law can be divided into four periods: the ius antiquum, the ius novum, the ius novissimum, and the Codex Iuris Canonici. The canon law of the Catholic Church is articulated in the legal code for the Latin Church, as well as a code for the Eastern Catholic Churches.
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Magisterial documents
One of the most solemn types of Magisterial documents is the Apostolic Constitution (Apostolicae Constitutiones). These documents concern significant doctrinal or disciplinary matters and are published as universal or particular laws of the Church. Examples include the Constitution on the Liturgy (Sacrosanctum Concilium) and the Constitution on the Catechism of the Catholic Church.
Another important category is Encyclicals (Encyclicae Epistolae), which are papal letters of a pastoral nature. Encyclicals have been used in their current form since 1740. When an encyclical addresses a specific need or is directed at a particular group, it is called an Apostolic Epistle. These epistles provide counsel on social concerns but are not considered legislative or doctrinal texts.
Apostolic Exhortations (Apostolicae Exhortationes) are papal reflections on specific topics addressed to the clergy and faithful. They encourage particular virtues or missions and are often issued on special occasions. Apostolic Exhortations do not contain dogmatic definitions or policies and are not considered legislative documents. An example is Familiaris Consortio, which discusses the role of the Christian family in contemporary society.
Decretals, originating in the 2nd century, initially contained papal decisions related to discipline and administration. During the Middle Ages, they were often issued in the form of bulls. Today, decretals are reserved for solemn matters such as dogmatic definitions and canonizations and are associated with the extraordinary magisterium of the Holy Father.
Papal Allocutions and Addresses, once reserved for solemn addresses by the Holy Father to his cardinals, have evolved to include less formal communications published in the Acta Apostolicae Sedis and other sources. They address specific issues or circumstances and are directed at particular groups.
In addition to these papal documents, the Catholic Church has the oldest continuously functioning legal system in the West. Canon law, which has all the elements of a mature legal system, is articulated in the legal code for the Latin Church and the Eastern Catholic Churches. The primary canonical sources include the 1983 Code of Canon Law, the Code of Canons of the Eastern Churches, and Pastor Bonus.
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Frequently asked questions
The Catholic Church has the oldest continuously functioning legal system in the West, with a complex legal system that encapsulates norms of the New Testament and elements of Hebrew, Roman, Visigothic, Saxon, and Celtic legal traditions. The primary canonical sources of law are the 1983 Code of Canon Law, the Code of Canons of the Eastern Churches, and Pastor Bonus.
Examples of Catholic ruling documents include:
- Rerum Novarum (On the Condition of Labor)—Pope Leo XIII, 1891
- Deus Caritas Est (God Is Love)—Pope Benedict XVI, 2005
- Sacramentum Caritatis (The Eucharist as the Source and Summit of the Church's Life and Mission)—Pope Benedict XVI, 2007
- Apostolic Constitutions
- Encyclicals
- Apostolic Exhortations
You can find Catholic ruling documents on the Vatican Website. If the document was issued after 1878, you can consult the Papal archive on the Vatican Website. If the document was issued after 1930, consult the Catholic Periodical Literature Index (in print) for 1930-2004 or the ATLA Religion Database for 1981-present.
