In the
canon law of the Catholic Church
The canon law of the Catholic Church () is "how the Church organizes and governs herself". It is the system of religious laws and canon law, ecclesiastical legal principles made and enforced by the Hierarchy of the Catholic Church, hierarchical ...
, a person is a subject of certain
legal rights
Some philosophers distinguish two types of rights, natural rights and legal rights.
* Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are ''universal'', ''fundamental rights ...
and
obligations
An obligation is a course of action which someone is required to take, be it a legal obligation or a moral obligation. Obligations are constraints; they limit freedom. People who are under obligations may choose to freely act under obligations. O ...
. Persons may be distinguished between physical and
juridic persons. Juridic persons may be distinguished as
collegial
Collegiality is the relationship between colleagues, especially among peers, for example a fellow member of the same profession.
Colleagues are those explicitly united in a common purpose and, at least in theory, respect each other's abilities t ...
or non-collegial, and public or private juridical persons. The
Holy See
The Holy See (, ; ), also called the See of Rome, the Petrine See or the Apostolic See, is the central governing body of the Catholic Church and Vatican City. It encompasses the office of the pope as the Bishops in the Catholic Church, bishop ...
and the
Catholic Church
The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwid ...
as such are not juridic persons since juridic persons are created by
ecclesiastical law
Canon law (from , , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical jurisdiction, ecclesiastical authority (church leadership) for the government of a Christian organization or church and its membe ...
. Rather, they are moral persons by
divine law
Divine law is any body of law that is perceived as deriving from a Transcendence (religion), transcendent source, such as the will of God or godsin contrast to man-made law or to secular law. According to Angelos Chaniotis and Rudolph F. Peters, di ...
.
Physical persons
By baptism, a natural person is incorporated into the church and is constituted a person in the same. All the
validly baptized, called ''Christifideles'', have the status under Catholic canon law of physical persons within the church.
Age of reason
The age of reason, sometimes called the age of discretion, is the age at which children attain the use of reason and begin to have
moral responsibility
In philosophy, moral responsibility is the status of morality, morally desert (philosophy), deserving praise, blame, reward (psychology), reward, or punishment for an act or omission in accordance with one's moral obligations. Deciding what (if ...
. On completion of the seventh year, a
minor is presumed to have the use of reason, but
intellectual disability
Intellectual disability (ID), also known as general learning disability (in the United Kingdom), and formerly mental retardation (in the United States), Rosa's Law, Pub. L. 111-256124 Stat. 2643(2010).Archive is a generalized neurodevelopmental ...
can prevent some individuals from ever attaining the use of reason. The term "use of reason" appears in the
1983 ''Code of Canon Law'' 17 times, but "age of reason" does not appear. However, the term "age of reason" is used in canon law commentaries such as the ''New Commentary on the Code of Canon Law'' published by Paulist Press in 2002. Catholic canon law teaches that those who have not attained the use of reason, even if they commit objectively sinful acts, may lack the capacity for subjective guilt.
In the
Eastern Catholic Churches
The Eastern Catholic Churches or Oriental Catholic Churches, also known as the Eastern-Rite Catholic Churches, Eastern Rite Catholicism, or simply the Eastern Churches, are 23 Eastern Christian autonomous (''sui iuris'') particular churches of ...
, the
Eucharist
The Eucharist ( ; from , ), also called Holy Communion, the Blessed Sacrament or the Lord's Supper, is a Christianity, Christian Rite (Christianity), rite, considered a sacrament in most churches and an Ordinance (Christianity), ordinance in ...
and
Confirmation
In Christian denominations that practice infant baptism, confirmation is seen as the sealing of the covenant (religion), covenant created in baptism. Those being confirmed are known as confirmands. The ceremony typically involves laying on o ...
are given immediately after baptism, even to infants who do not yet have the use of reason. In
Latin Rite Catholicism, Confirmation is conferred, except in danger of death, only on persons who have the use of reason; and
Holy Communion
The Eucharist ( ; from , ), also called Holy Communion, the Blessed Sacrament or the Lord's Supper, is a Christian rite, considered a sacrament in most churches and an ordinance in others. Christians believe that the rite was instituted by J ...
may be administered to children only if "they have sufficient knowledge and careful preparation so that they understand the mystery of Christ according to their capacity and are able to receive the
Body of Christ
In Christian theology, the term Body of Christ () has two main but separate meanings: it may refer to Jesus Christ's words over the bread at the celebration of the Jewish feast of Passover that "This is my body" in (see Last Supper), or it ...
with
faith
Faith is confidence or trust in a person, thing, or concept. In the context of religion, faith is " belief in God or in the doctrines or teachings of religion".
According to the Merriam-Webster's Dictionary, faith has multiple definitions, inc ...
and devotion."
In danger of death, the Eucharist may be administered also to children who lack the use of reason if the child can distinguish the sacrament from ordinary food and receive it reverently.
[Code of Canon Law, canon 913](_blank)
/ref>
Age of majority
The age of majority in the Latin Catholic Church is 18 though, until the entry into force of the 1983 ''Code of Canon Law'' in 1983, the age of majority was 21.
Juridic persons
In simple terms, a juridic person is an artificial construct under canon law that allows a group of persons or things to function and be treated under canon law as a single unit. The 1917 ''Code of Canon Law'' referred to all juridic persons as "moral persons", while the 1983 ''Code of Canon Law'' uses the term "moral person" solely to designate the Apostolic See
An apostolic see is an episcopal see whose foundation is attributed to one or more of the apostles of Jesus or to one of their close associates. In Catholicism, the phrase "The Apostolic See" when capitalized refers specifically to the See of ...
and the Catholic Church
The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwid ...
itself.
Kennedy gives a more thorough definition: "A juridic person ��is an artificial person, distinct from all natural persons or material goods, constituted by competent ecclesiastical authority for an apostolic purpose, with a capacity for continuous existence and with canonical rights and duties like those of a natural person ��conferred upon it by law or by the authority which constitutes it and to which it is also accountable under canon law."
The doctrine of juridic personality is thought to have its origins in canon law
Canon law (from , , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical jurisdiction, ecclesiastical authority (church leadership) for the government of a Christian organization or church and its membe ...
. It has been attributed to Pope Innocent IV
Pope Innocent IV (; – 7 December 1254), born Sinibaldo Fieschi, was head of the Catholic Church and ruler of the Papal States from 25 June 1243 to his death in 1254.
Fieschi was born in Genoa and studied at the universities of Parma and Bolo ...
, who seems at least to have helped spread the idea of ''persona ficta'' as it is called in Latin. In the early church, the doctrine of ''persona ficta'' allowed monasteries
A monastery is a building or complex of buildings comprising the domestic quarters and workplaces of monastics, monks or nuns, whether living in communities or alone ( hermits). A monastery generally includes a place reserved for prayer which m ...
to have a legal existence apart from the monks, simplifying the difficulty in balancing the need for such groups to have infrastructure despite monks' vows of personal poverty. Another effect of this was that as a fictional person, a monastery could not be held guilty of delict
Delict (from Latin ''dēlictum'', past participle of ''dēlinquere'' ‘to be at fault, offend’) is a term in civil and mixed law jurisdictions whose exact meaning varies from jurisdiction to jurisdiction but is always centered on the notion of ...
due to not having a soul, helping to protect the organization from non-contractual obligations to surrounding communities. This effectively moved such liability to individuals acting within the organization while protecting the structure itself since individuals were considered to have a soul and, therefore, capable of being guilty of negligence and excommunicated.
Canonical age
The canonical age in Roman Catholic canon law is an age when the faithful becomes capable of incurring certain obligations, enjoying special privileges, embracing special states of life, holding office or dignity, or receiving the sacraments.
Each of these human acts requires the development of mind, body, or spirit appropriate to its free and voluntary acceptance and adequate knowledge of, and capability for, the duties and obligations attached. The ages prescribed by canon law differ, as do the privileges, offices, and dignities to which they apply.
Sacraments
#Baptism
Baptism (from ) is a Christians, Christian sacrament of initiation almost invariably with the use of water. It may be performed by aspersion, sprinkling or affusion, pouring water on the head, or by immersion baptism, immersing in water eit ...
: the sacrament can be validly administered regardless of age.
#Confirmation
In Christian denominations that practice infant baptism, confirmation is seen as the sealing of the covenant (religion), covenant created in baptism. Those being confirmed are known as confirmands. The ceremony typically involves laying on o ...
: the canonical age is the age of reason
The Age of Enlightenment (also the Age of Reason and the Enlightenment) was a European intellectual and philosophical movement active from the late 17th to early 19th century. Chiefly valuing knowledge gained through rationalism and empiric ...
.
#Holy Communion
The Eucharist ( ; from , ), also called Holy Communion, the Blessed Sacrament or the Lord's Supper, is a Christian rite, considered a sacrament in most churches and an ordinance in others. Christians believe that the rite was instituted by J ...
: the canonical age is the age of reason
The Age of Enlightenment (also the Age of Reason and the Enlightenment) was a European intellectual and philosophical movement active from the late 17th to early 19th century. Chiefly valuing knowledge gained through rationalism and empiric ...
. Children in danger of death, capable of committing and confessing to mortal sin, and distinguishing heavenly from ordinary food when desirous of receiving Holy Communion, must not be denied, although they may not have achieved the minimum age prescribed.
#Confession
A confession is a statement – made by a person or by a group of people – acknowledging some personal fact that the person (or the group) would ostensibly prefer to keep hidden. The term presumes that the speaker is providing information that ...
: the canonical age is the age of reason
The Age of Enlightenment (also the Age of Reason and the Enlightenment) was a European intellectual and philosophical movement active from the late 17th to early 19th century. Chiefly valuing knowledge gained through rationalism and empiric ...
. After reaching the age of reason, each member of the faithful is obliged to confess faithfully their grave sins at least once a year. (CIC can. 989)
# Anointing of the Sick: the sacrament is to be administered to any Catholic who desires it (normally it is the sick or older person who suffers from infirmity) or who is in mortal danger
#Holy Orders
In certain Christian denominations, holy orders are the ordination, ordained ministries of bishop, priest (presbyter), and deacon, and the sacrament or rite by which candidates are ordained to those orders. Churches recognizing these orders inclu ...
: the sacrament can be received at the earliest at 23 years (deacons), 25 years (priest), or 35 years (bishop), according to canon 1031 CIC. The Apostolic See
An apostolic see is an episcopal see whose foundation is attributed to one or more of the apostles of Jesus or to one of their close associates. In Catholicism, the phrase "The Apostolic See" when capitalized refers specifically to the See of ...
can grant dispensations.
#Marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and b ...
: the age for a valid sacramental marriage is, according to can. 1083, 16 years for males and 14 years for females. The Conference of bishops
An episcopal conference, often also called a bishops’ conference or conference of bishops, is an official assembly of the bishops of the Catholic Church in a given territory. Episcopal conferences have long existed as informal entities. The fir ...
is free to establish a higher age for the licit celebration of marriage.
All Catholics are bound to attend Holy Mass on Sundays and every holy day of obligation
In the Catholic Church, holy days of obligation or precepts are days on which Christians, Catholic Christians are expected to attend Mass (Catholic Church), Mass, and engage in rest from work and recreation (i.e., they are to refrain from engagin ...
. To be a godparent
Within Christianity, a godparent or sponsor is someone who bears witness to a child's baptism (christening) and later is willing to help in their catechesis, as well as their lifelong spiritual formation. In both religious and civil views, ...
at the bestowal of baptism and confirmation, a Catholic must be confirmed and must normally be 16 years old (canon 874 CIC). The days of abstinence are to be respected by Catholics of at least 14 years of age; the law of fasting from 18 to the beginning of the sixtieth year (canon 1252 CIC).
Priesthood, orders, and clerical office
The ancient discipline was neither universal nor fixed but varied with circumstances of time and locality. The requisite age, according to Gratian, for tonsure and the first three minor orders, those of doorkeeper, reader, and exorcist, was seven, and for acolyte, twelve years.
The Council of Trent fixed the ages of 21 years and 1 day for subdeacon
Subdeacon is a minor orders, minor order of ministry for men or women in various branches of Christianity. The subdeacon has a specific liturgical role and is placed below the deacon and above the acolyte in the order of precedence.
Subdeacons in ...
ship, 22 years and 1 day for deacon
A deacon is a member of the diaconate, an office in Christian churches that is generally associated with service of some kind, but which varies among theological and denominational traditions.
Major Christian denominations, such as the Cathol ...
ship, and 24 years and 1 day for priest
A priest is a religious leader authorized to perform the sacred rituals of a religion, especially as a mediatory agent between humans and one or more deity, deities. They also have the authority or power to administer religious rites; in parti ...
hood. Canon 1031 CIC fixed the ages of 23 for deacon
A deacon is a member of the diaconate, an office in Christian churches that is generally associated with service of some kind, but which varies among theological and denominational traditions.
Major Christian denominations, such as the Cathol ...
ship and 25 for priest
A priest is a religious leader authorized to perform the sacred rituals of a religion, especially as a mediatory agent between humans and one or more deity, deities. They also have the authority or power to administer religious rites; in parti ...
hood. The first day of the year the canonical age is to be reached is sufficiently timely for the reception of the order. Trent confirmed the Lateran age of thirty years for the episcopate
A bishop is an ordained member of the clergy who is entrusted with a position of authority and oversight in a religious institution. In Christianity, bishops are normally responsible for the governance and administration of dioceses. The role ...
. The 1983 ''Code of Canon Law'' estimates the general age for a permanent deacon as thirty-five years. A candidate for the permanent diaconate who is not married is not to be admitted to the diaconate until after completing at least the twenty-fifth year of age; one who is married, not until after completing at least the thirty-fifth year of age.[Code of Canon Law can. 1031]
For admission to the canonical novitiate
The novitiate, also called the noviciate, is the period of training and preparation that a Christian ''novice'' (or ''prospective'') monastic, apostolic, or member of a religious order undergoes prior to taking vows in order to discern whether ...
, an age of 17 years is fixed by Canon law (can. 643); for admission to the solemn vows (and analogously to the Consecration of virgins), it is 21 (can. 658).
Generals, provincials, abbot
Abbot is an ecclesiastical title given to the head of an independent monastery for men in various Western Christian traditions. The name is derived from ''abba'', the Aramaic form of the Hebrew ''ab'', and means "father". The female equivale ...
s, and other regular prelate
A prelate () is a high-ranking member of the Minister (Christianity), Christian clergy who is an Ordinary (church officer), ordinary or who ranks in precedence with ordinaries. The word derives from the Latin , the past participle of , which me ...
s having quasi-episcopal jurisdiction must, according to many constitutions, have completed their thirtieth year before an election; according to others, their 25th year. However, various orders and congregations have rules for the requisite ages for inferior offices and dignities.
The Council of Trent
The Council of Trent (), held between 1545 and 1563 in Trent (or Trento), now in northern Italy, was the 19th ecumenical council of the Catholic Church. Prompted by the Protestant Reformation at the time, it has been described as the "most ...
(Sess. xxv, cap. 7, de regular. et monial.) fixed forty years, and eight years after her solemn vows, for an abbess
An abbess (Latin: ''abbatissa'') is the female superior of a community of nuns in an abbey.
Description
In the Catholic Church (both the Latin Church and Eastern Catholic), Eastern Orthodox, Coptic, Lutheran and Anglican abbeys, the mod ...
, mother general, or prioress of a religious order. If a convent (monastery) had no nun
A nun is a woman who vows to dedicate her life to religious service and contemplation, typically living under vows of poverty, chastity, and obedience in the enclosure of a monastery or convent.''The Oxford English Dictionary'', vol. X, page 5 ...
or religious sister
A religious sister (abbreviated: Sr.) in the Catholic Church is a woman who has taken public vows in a religious institute dedicated to apostolic works, as distinguished from a nun who lives a cloistered monastic life dedicated to prayer and ...
meeting those requirements, then one over thirty years old and more than five years professed can be elected. An election contrary to these rules is invalid.
References
Bibliography
* James A. Coriden, Thomas J. Green, Donald E. Heintschel (eds), ''The Code of Canon Law: A Text and Commentary'', Mahwah, NJ: Paulist Press, 1985.
{{Catholic, wstitle=Canonical Age
Catholic canon law of persons