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72 Jurist 605 (2012)
Classifying Authentic Interpretations of Canon Law

handle is hein.journals/juristcu72 and id is 617 raw text is: THE JURIST 72(2012) 605-640 JOHN M. HUELS* Classifying Authentic Interpretations of Canon Law The canonical system recognizes several modes of interpretation of canon law. These are interpretations made by private persons (authors, practi- tioners, and others); the public ecclesiastical administration (church offi- cials) by means of an administrative act; and judges in a judicial sentence (c. 16, §3). In addition, there is a special form of interpretation that officially and authoritatively resolves the meaning of a doubtful law. This is called authentic interpretation and may only be made by the legislator or one to whom he has entrusted the power to interpret the law authentically (c. 16 § i). The focus of this study is authentic interpretation given in the form of law (per modum legis), in particular, how to determine whether these inter- pretations should be classified as declarative, explanatory, extensive, or re- strictive (c. 16 §2). This is not just an interesting intellectual exercise, but it has an important consequence for church practice. If an interpretation is merely declarative, it is retroactive, and in some cases its classification as declarative may have consequences for judging the validity or invalidity of acts (including marriages) which had been placed prior to the authentic interpretation. Since the 1983 code took effect, twenty-nine authentic interpretations on various canons have been promulgated. Two decades ago, Lawrence Wrenn authored a small but enduringly influential book, Authentic Interpre- tations on the 1983 Code, in which he categorizes the twenty-five authentic in- terpretations promulgated between 1984 and 1991.' After briefly analyzing * Professor, Faculty of Canon Law, Saint Paul University, Ottawa, Canada. i. Washington: Canon Law Society of America, 1993. Two of these interpretations were issued at the same time and on the same canon (c. 700). Wrenn treats these two together.

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