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Notices & Reviews for Tabulae Congruentiae Ecclesiastical Law Journal, 7 (no. 25, July, 2004) at 489. Review by Paul Barber, barrister
[Barber's review of my 1917 Code translation appears first]
The Tabulae Congruentiae, also complied by Peters, is published in the "Research Tools" section of the Gratianus Series, and is a table listing every part of every canon in the 1983 Code, and giving its complete legislative history. Thus the table gives the equivalent canon in the 1982 Schema, a reference to any discussion at the 1981 Plenary meeting of the Code Commission, the canon in the 1980 Schema, references to the coetus discussions reported in the Communicationes and, finally, the first version of the canon in one of the original ten individual schemata for the Code issued between 1972 and 1977. The book has an informative introduction in five languages (including English). This work has a much more limited appeal than the translation of the 1917 Code--it is not much use unless you actually have access to the various draft versions of the 1983 Code. However, it is likely to prove invaluable forth canon lawyer who wants to interpret the laws of the current Code in accordance with the "mind of the legislator" (Canon 17). It is bound with a black plastic ring binder which, although it does not look particularly attractive on the shelf, is highly practical as the tables are in landscape format.
I recently heard it suggested that Edward Peters was "the Roman Catholic Gerald Bray". In many ways this is true. Both have undertaken a momentous task which most of us would never wish to undertake ourselves, but are continuously grateful that someone else has already done it for us. Just as Professor Bray's collections allow us to trace the development of Anglican canons from their earliest sources through their attempted codification in the Reformatio Legum Ecclesiasticarum to the present day, Dr. Peters' two works allow us to do the same for the Latin Catholic Church from the law's first codification to the enactment of the current Code. These are important works which deserve a place in every canon lawyer's library.
The Jurist pp. 212-214
Someone wrote that a true benefactor of humanity does not write a novel, but instead compiles interest tables, assembles weather data, or computes improved actuarial statistics. Researchers honor the memory of the late indefatigable Xavier Ochoa, who complied concordances to the conciliar documents and the 1983 Code, as well as the Leges Ecclesiae. Edward Peters is a benefactor in the same tradition. He has authored many books and articles aimed at general audiences and at specialists: this book is meant for the latter.
The book is comprised of a table of six columns that runs for almost 200 pages. The introduction (provided in five languages) explains the organization and meaning of the table, and in effect gives a concise and detailed account of the mechanics of the revision of the code. The first column lists canons or parts of canons of the 1983 Code; the second shows the numbers of corresponding draft texts in the 1982 schema; the third column gives references to the Relatio Complectens; the fourth shows the numbers of draft texts in the 1980 schema; the fifth, “Disceptatio in coetu,” gives references to Communicationes where discussions of revisions can be found; and the last column ties the canons or sections to sources in the Lex Ecclesiae Fundamentalis or the separate schemata.
In his foreword Craig A. Cox points out that this table can be linked to others that relate the 1983 canons to their 1917 counterparts and with the fontes of both. The 1990 Code of Canons of the Eastern Churches could also be linked in this way, as could other texts. Peters believes in consulting original sources; indeed, he has just published the first true English translation of the 1917 Codex Iuris Canonici, nearly twenty years after that code was abrogated. On an internet site he has stated his belief that “the laws of the Church protect the freedom of the Holy Spirit to act within the faith community,” and that it is his goal “to familiarize students with actual texts of canon law, so that they can come to an appreciation of its liberating and stabilizing effects in the Church, and so that they can better apply the Church’s juridic wisdom in their own lives, ministries, and apostolates.” Cox relates awareness of earlier drafts of the canons to the recourse to “parallel places, the purpose and circumstances of the law, and the mind of the legislator” (c. 17) that is essential to proper interpretation. The table’s value lies in its pointing directly to the texts that trace how the 1983 Code came to be, rather than describing or commenting on them.
While the book is helpful simply as a visual aid in mapping out the revision process and organization of the 1983 Code, it is especially useful because the sources involved often are not user friendly. A researcher uninitiated in their mysteries may not even be sure whether all the pertinent sources are at hand. The fact that Peters acknowledges the help of others in rounding up the references needed to compile his table only underscores its utility. The book also features a bibliography of these original sources.
Peters acknowledges that the correlations in the table are his own, and he admits that his judgments regarding relationships between texts that were extensively reworked over a period of years may be debatable. That the table should not be used uncritically makes it all the more important to refer to original texts; but it is, after all, the book’s purpose to guide users to those texts. Peters’ compilation will save countless others much labor and aggravation in the years to come. For anyone interested in the history of canon law or the code revision process, this book is well worth the modest price.
Dr. Peters has just produced a
most useful set of tables to facilitate the task of reconstructing how the
canons in the 1983 Code came to take their present form. At first glance, a book
with its title in Latin and consisting of six columns of numbers seems
impenetrable and uninviting. Once the nature of the work is explained, its value
is apparent. The work's nature is well
explained by the author himself in his introduction, which is published in
English, French, Italian, Spanish and German. To trace the development of any
canon in the 1983 Code, first find its number in column 1 and then move to the
right of it along a horizontal line. Each of the five columns to the right of
any given canon number has information of a different kind, where this is
available. There might be citation of the same provision as it appeared in the
1982 Schema; there might then be the page number of the 1981 Relatio covering
the plenary meeting of the Code Commission of that year; then might come a
reference to the 1980 Schema; any Disceptatio in a coetus
discussion might follow; and the final column headed Prima versio canonis contains
material derived from one or more of the ten individual schemata of canons in
their first form. The method is, of course, easier
to grasp if one can actually see the tables. Dr Peters rightly disclaims any
official authority for his tables, and anyone who has done this kind of
investigation into the formulation of canons (albeit on a much more modest
scale) will know it can be controversial to claim a particular “pedigree”
for certain canons. Sometimes, as with the canons on consecrated life, earlier
versions of the canons were reworked to such an extent that correlation is very
difficult and Dr. Peters is ready to admit this. Only detailed consultation over a fair period of time will bring out the
merits of these tables and any lapses. Some particular points are, however,
worth noting straightaway because, as well as being of intrinsic interest; they
serve to underline the value of this publication. Occasionally, Plenaria
discussions were inadvertently omitted from the relatio
but were later published in Communicationes.
For an example, see the history of Canon 277 §1 on clerical
celibacy.The small exchange within the Commission reported there is also
evidence of the delicate but fundamental task of distinguishing canon law from
moral theology. Conversely, some of the discussions to be found in the Relatio
are absent from the pages of Communicationes.
The history of Canon 96, a most significant canon on the consequences
of baptism, is an example of this. We can conclude with Canon 1403 on
canonisation. It has no predecessor in the Code's legislative history, yet its
text was discussed (and rejected) during the Plenaria.
Dr. Peters makes reference to what he describes as “this unusual
discussion”. When Dr. Peters tells us that there are some 25,000 pieces of
information in the tables he has compiled, we get a measure both of his
achievement and of the valuable quarry he has made available. Canon Law Abstracts (no. 85, 2001)
This book consists of a series of tables designed to facilitate research into the legislative history of the 1983 Code. To trace the development of any provision of the Code, the tables enable the reader to see the same provision as it appeared in the 1982 Schema, and, where relevant, the page of the 1981 Relatio wherein the provision was discussed at the 1981 Plenaria. If the Plenaria discussion was also printed in Communicationes, that discussion is cited by volume and page number. The citation of the provision is also given as it appeared in the 1980 Schema. A separate column, headed Disceptatio in coetu, gives the citation, by volume and page, of Communicationes, for any coetus discussion(s) of the provision. Finally the citation is given of the first form of the provision as it appeared in one or more of the ten individual schemata of canons.
Ius Canonicum, 41 (2001) pp. 799-800
Review by Dominique
LE TOURNEAU
Other Reviews: =, Anuario Argentino de Derecho Canonico, 7 (2000) pp. 231-232. Heribert Schmitz, Archiv für katholisches Kirchenrecht, 168 (1999) pp. 609-610. Top || Back || Home || Canon Law || Liturgy & Sacraments || Catholic Issues || Personal |