PRECEPTS, CANONICAL

A canonical precept is an injunction given to a person or group of persons imposing an obligation to do something or to refrain from doing something [Codex iuris canonici cc. 35, 49; Codex canonum ecclesiarium orientalium, c. 1510]. A precept has binding force upon those to whom it is given, which distinguishes it from a counsel.

Precepts differ from law in many ways. Precepts are commands or orders given to individual persons, whereas law primarily affects territory and affects persons indirectly. Law is established to preserve and promote the common good; precepts are issued for the individual good. Laws bind within territorial limits; precepts bind the individual everywhere. Law by nature is relatively perpetual; precepts are relatively temporary in nature.

Penal precepts are primarily preventive measures to avert serious transgressions of the law [Codex iuris

canonici c. 1321 §1; Codex canonum ecclesiarium orientalium, c. 1414 §1]. There is a supposition of previous violation of the law that will be the occasion of further transgressions, or that may easily result in grave scandal. One who would issue a penal precept must employ a certain reserve. This is in keeping with the law's preference that penalties be employed as a last resort.

The canonical usage concerning penal precepts is that the offender is first admonished privately. If this fails to produce the desired effect, a public admonition follows, along with private or public correction. When these are likewise without deterrent effect, the precept is issued. This precept indicates what the party in question is to do or to avoid, along with a statement of the penalties that may be incurred if the precept is not obeyed.

Bibliography: g. michiels, De delictis et poenis, 3 v. (Paris 1961). t. j. green in j. a. coriden et al., The Code of Canon Law: A Text and Commentary (New York 1985) 901. m. r. moodie, SJ in j. p. beal et al., New Commentary on the Code of Canon Law (New York 2000) 101, 109–110. t. j. green in j. p. beal et al., New Commentary on the Code of Canon Law (New York 2000) 1540–1541.

[d. m. burke/eds]