THIS work is but a brief explanation of the fifth book of the Code, which contains the whole legislation now in force on ecclesiastical offences and penalties. The order followed is that of the Code itself, and the text of the law is adhered to as closely as possible. Some canons are passed over rapidly, as being of rarer application; a more thorough discussion is reserved for others which are more practical in English-speaking countries.The theory of delinquency, responsibility and imputability, formulated, for the first time, in a complete and explicit manllcr, by the legislator, at the beginning of this book, to serve as a foundation for the penal enactments which follow, cannot fail, although general and more abstract, to prove of interest not only to canonists but also to moralists and jurists. Of special importance for all, and chiefly for confessors, is that portion of the legislation which concerns censures.The Constitution Apostolicae Sedis cannot serve as our guide in this matter any longer. Several of the old censures have been abrogated; others have been modified and some new ones have been added.At the same time the extensive faculties formerly granted to our Bishops and subdelegated by them to priests for the absolution of reserved cases, were considerably restricted.As a consequence, in order to understand the extent of their powers, pastors and confessors will, henceforth, need a more detailed knowledge of the provisions of the common law. It is principally to help them in its acquisition that these pages have been written. The need and justification of punitive sanction are contained by direct implication in the correct concept of law itself. A system of law lacking such sanction would prove in practice ineffectual, defeating its own primary purpose of self-enforcement. The Code of the Church, spiritual withal in aim and content, is no exception to this principle. Ecclesiastical lawgivers must be armed with coercive as well as legislative and judiciary powers, for they govern and direct free, rational agents, whose complex nature responds not less promptly to threat and punishment than to the dictate of reason. Accordingly the Code of canon law has, like any civil code, its department of penal enactments, and defines what punishments will have to be inflicted on the various classes of offenders and under what circumstances.2. The fundamental principles of penal legislation are found in the natural law itself. Under the Old Dispensation more explicit prescriptions were added by divine positive law, but these were abrogated by the coming of the new order. In the New Testament, although greater stress is laid on love than on fear, instances are not wanting of punishments inflicted by divine or Apostolic authority.

Excerpt from Penal Legislation in the New Code of Canon Law: Liber V The order followed is that of the Code itself, and the text of the law is adhered to as closely as pos sible. Some canons are passed over rapidly, as being of rarer application; a more thorough discussion is reserved for others which are more practical in English-speaking countries. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

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Excerpt from A Commentary on the New Code of Canon Law, Vol. 8: Book V; Penal Code (Can. 2195-2414) With Complete Index Brutal laws brutalize a people, is a well known dictum of Montesquieu. If this is true of all laws, it is even more so of penal laws. For penalty means pain or suffering, and if this is out of proportion with the crime, it becomes an incentive to rebellion against law, and finally, against authority itself. Moderation in the-penal code, therefore, should be the keynote of wise legislation,1. We say this, not as if we had expected that the Code of Canon Law would fail in mod cration, but for the reasons which follow. Modern crim inology IS too moderate; it even eliminates the very notion of penalty. This IS due to an inevitable reaction. Legis lators had not always followed Wise moderation or suffi ciently considered the physical and psychological con dition of the delinquent. With regard to this point, and more especially the treatment of youthful delim quents, the modern theories of criminology deserve some consideration. On, the other hand these the ories cannot claim universal, either scientific or dog matic, acceptance. For they are based on mere as sumptions and neglect sound philosophical principles. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.