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In the canon law of the Catholic Church, custom is the repeated and constant performance of certain acts for a defined period of time, which, with the approval of the competent legislator, thereby acquire the force of law.[1] A custom is an unwritten law introduced by the continuous acts of the faithful with the consent of the legitimate legislator.[2] Historically, some ritual and regulatory customs would be recorded in texts known as customaries for use both within particular cathedrals and religious orders or for dissemination among associated ecclesial communities.[3]
Custom may be considered as a fact and as a law. As a fact, it is simply the frequent and free repetition of acts concerning the same thing; as a law, it is the result and consequence of that fact. Hence its name, which is derived from consuesco or consuefacio and denotes the frequency of the action.[2]
In order for custom to become a source of law, it must be approved by the competent legislator. Custom in canon law is not simply created by the people through their constant performance of a certain act, but it is the constant performance of a certain act, with the intention of making a custom, which is approved by the competent legislator, thereby acquiring the force of law. This is because of the Catholic ecclesiological teaching on the constitution of the Catholic Church,[1] which states that Christ constituted the Church by divine delegation of power to the hierarchical authorities; the Church was not created by the consent of the governed, but by the direct will of Christ.
- ^ a b Metz, What is Canon Law?, pg. 39
- ^ a b Cite error: The named reference
catholicwas invoked but never defined (see the help page). - ^ Driscoll, Michael S. (2006). "The Conversation of Nations". In Wainwright, Geoffrey; Westerfield Tucker, Karen B. (eds.). The Oxford History of Christian Worship. Oxford: Oxford University Press. p. 204-205. ISBN 978-0-19-513886-3.