- The Notion of Canonical Jurisprudence and its Application to the Tribunal of the Roman Rota and Causes of Nullity of Marriage
- The Jurist: Studies in Church Law and Ministry
- The Catholic University of America Press
- Volume 76, Number 1, 2016
- pp. 197-229
- View Citation
- Additional Information
Canonical jurisprudence, in the strict sense, is what arises from an ensemble of concordant judicial decisions on a particular matter. Typically, therefore, neither an individual decision nor the decisions of an individual judge nor the most recent decision(s) create jurisprudence. Rather, this happens over the course of time through the activity of diverse judges operating according to consistent principles of juridical logic. In the Church, as regards the matter of the nullity of marriage, the jurisprudential authority is the Tribunal of the Roman Rota, whose rich patrimony promotes a unity of jurisprudence. The ordinary pontifical Magisterium directs this jurisprudence, and the vigilance of the Apostolic Signatura promotes it. Local jurisprudence in this area may not justly diverge from Rotal jurisprudence but receives and applies it to local situations.