55 Jurist 93 (1995)
The Teaching Function of the Church: A Comparison of Selected Canons in the Latin and Eastern Codes

handle is hein.journals/juristcu55 and id is 101 raw text is: THE JURIST 55 (1995) 93-140

THE TEACHING FUNCTION OF THE CHURCH:
A COMPARISON OF SELECTED CANONS
IN THE LATIN AND EASTERN CODES
THOMAS J. GREEN*
Undoubtedly the most noteworthy canonical development during the
current decade was the promulgation of the Code of Canons of the
Eastern Churches [CCEO] on October 18, 1990 through the apostolic
constitution Sacri canones of John Paul H. 1 This culminated a lengthy
drafting process during this century, which initially entailed the prep-
aration of eight drafts of various titles of a proposed code during the
1930's and 1940's. However, subsequently Pius XII actually promul-
gated only four motu proprios from 1949 through 1957,2 and much of
the proposed legislation was filed in the Eastern Code Commission
archives.
Like the revision of the 1917 Latin code, the preparation of the
current Eastern code3 began in earnest only after Vatican II, according
* J.C.D. (Gregorian University, Rome, 1968). Stephan Kuttner Distinguished
Professor of Canon Law, The Catholic University of America.
I The official Latin text of the constitution, a preface to the Eastern code and the
canons themselves can be found in Acta Apostolicae Sedis [AAS] 82 (1990) 1033-1063.
For an English translation see Code of Canons of the Eastern Churches, Latin-English
Edition, translation prepared under the auspices of the Canon Law Society of America
[Eastern code] (Washington: CLSA, 1992). For a critical appraisal of certain aspects of
the translation see George Nedungatt, The Eastern Code in English Translation, THE
JURIST 51 (1991) 460-501; idem, A Companion to the Eastern Code, Kanonika 5
(Rome: Pontificio Istituto Orientale, 1994).
2 The four motu proprios dealt with marriage (Crebrae allatae-February 22,
1949), procedural law (Sollicitudinem Nostram -January 6, 1950), religious, temporal
goods and terminology (Postquam Apostolicis-February 9, 1952) and rites and persons
(Cleri sanctitati-June 2, 1957). The material discussed in this article on the Church's
teaching function was not promulgated during the preconciliar period.
3 For detailed reflections on the preparation of the Eastern code see John Faris,
The Eastern Catholic Churches: Constitution and Governance (Brooklyn, NY: Saint
Maron Publications, 1992) 67-106. For a somewhat shorter treatment of the same
process see Thomas Green, Reflections on the Eastern Code Revision Process, THE
JURIST 53 (1993) 18-37 (bibliography on 37); George Nedungatt, The Spirit of the

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