An Introduction to Licentiate of Canon Law
The Licentiate of Canon Law or "J.C.L." is a degree awarded by ecclesiastical faculties for the study of ecclesiastical or church law. As an ecclesiastical degree, it is comparable to a Master’s Degree in the modern academic setting. A Licentiate in Canon Law (J.C.L.) is placed on a similar level to a Doctor of Canon Law (or "S.T.D."), but not equivalent: a Doctor of Canon Law is considered equivalent to a Doctor of Philosophy (Ph.D.). Because a Licentiate is an ecclesiastical degree, it is equivalent to a Master’s degree in civil law.
The term "Licentiate" comes from the Licentia Docendi (meaning "permission to teach") granted by the Holy See through the Congregation for Catholic Education to certain ecclesiastical faculties located in Rome. The Licentiate permits a holder to take on teaching roles at a lower level in those institutions . The understanding here is that, in many regard, the Licentiate (J.C.L.) is the entry-level degree in the study of ecclesiastical law, comparable to a Masters degree. The Licentiate is generally considered the minimum requirement for academic teaching degrees in ecclesiastical faculties for those focused in on the Roman Church, and thus is also the most common requirement for canon lawyers seeking employment directly in the Vatican.
While a Master’s Degree in Civil Law (or "M.S.L." – Mater in Iuris Canonici) is awarded by civil universities for the study of ecclesiastical or church law, the key difference is that a Master’s in Civil Law is comparable to a Civilian Bachelor’s Degree in Law (LL.B.), as opposed to the Licentiate (J.C.L.), which is based on an ecclesiastical Bachelor’s degree in Law (S.T.B.).
The Evolution of Canon Law
Canon law has a complex and lengthy history that has evolved over a span of many centuries. In its earliest form, canon law began to take shape along with the fundamental structures of Christian governance and ecclesiastical life. While many elements of canon law were established in the Apostolic period, numerous developments occurred between the fourth and twelfth centuries with the composition of the Decretum Gratiani by the Benedictine monk Gratian, a twelfth-century Italian canonist. This monumental work compiled, ordered, and collated all of the theological, doctrinal, and canonical materials on which ecclesiastical jurisprudence and jurisprudential theory were based. It set the foundation for the development of canon law as we know it today, from which the licentiate has evolved as a degree designed for the professional applications of canon law.
When the first ecclesiastical schools were established in the twelfth century, canon law began to be taught more broadly and developed into a curricular discipline. Prior to that time, canon law tended to be limited in its application and instruction to abbots, bishops, and other high-ranking ecclesiastical personnel. The first recorded university-level course on canon law was taught by Hugh of Saint-Victor at the University of Paris. Over the course of the next one hundred years, canon law had grown to be a recognized discipline at many schools within the Paris University system and had become a required subject for licentiate degrees at the universities of Bologna and Salamanca, Spain. Canon law began to be taught at a university level in the early sixteenth century in both England and America, and licentiate programs were offered at several schools including the Catholic University of Leuven in Belgium, the University of Louvain in Leuven in Belgium, and the Pontifical University of Maynooth in Ireland. In 1718, licentiate programs were authorized by Rome.
In the United States, canon law had been taught at a post-graduate level since the establishment of the Pontifical College Josephinum in 1888, but licenses to teach canon law were not granted until the establishment of the Pontifical Faculty of Canon Law. Those first licenses were issued in 1941, which lead to the earliest licentiates being awarded in 1942. In 1957, the National Association of Ecclesiastical Faculties was founded.
Studying for a Licentiate
The process of studying for and completing a Licentiate of Canon Law involves several years of study in a graduate school of theology or law. The curriculum typically includes courses in ethics, philosophy and the various disciplines of canon law, such as ecclesiastical administration, sacraments, and the theology of marriage. The duration of study before the degree is conferred is generally two to three years. Training for licentiate in canon law also generally includes a thesis based on original research in canon law.
The Licentiate of Canon Law (known in Latin as a licentia in utroque iuris) is a graduate degree in canon law, which some may consider equivalent to a master’s degree in canon law. In Europe, courses are at the undergraduate level (equivalent to a bachelor’s degree), while in the United States licentiates are conferred at the graduate level. The licentiate is the degree in canon law that generally allows a person to work in diocesan tribunals and in pastorships in which a person deals with the sacrament of marriage.
The Professional Prospects for Licentiate of Canon Law Holders
The Licentiate of Canon Law is a graduate degree that often serves as a precursor to a doctorate in canon law. However, those who earn a Licentiate may choose to go directly into the workforce. The qualifications and training provided by such a degree are highly sought after within the Church in North America, South America, and beyond. Like all degree programs, the Licentiate is designed as a pathway to professional development. An essential part of the curriculum includes classroom instruction and internship opportunities, allowing students to hone their skills and discover the areas of specializations in which they most excel. Presently, the Licentiate program at Catholic University of America offers four different concentrations: marriage, ecclesiastical goods, administrative law, and penal law. Those who earn a license in canonical jurisprudence are sought by parishes, dioceses, and other entities within the Catholic Church. Positions within these entities include tribunal judge, pastor, general notary, chancellor, vicar for religious, vicar for clergy, and archivist. Licensure is also required to serve as a canon lawyer on marriage tribunals in the greater Catholic community. The skills and training offered by licentiate programs are useful outside Church work and may also benefit those who serve as canon lawyers for non-Catholic clients. Canon law training can be especially beneficial for those pursuing careers in environmental law, the judiciary, land use and real estate, nonprofit work, asylum and refugee, and family law.
Comparing Canon and Civil Law: Significant Disparities
An interesting feature of Canon Law is its parallel system with civil law. Some would argue that this duality of law forms a conflict of laws situation, to others that it represents a complementarity of laws. Consider the following example: in order to be validly married under Canon Law , a couple must exchange their consent at a place of worship with a Catholic priest (or bishop) being the ordinary minister of the sacrament (Canon 1055 CIC). Civil law will not accept such a marriage as valid if the parties did not also sign a civil marriage certificate before the mayor or a marriage solemnizer recognized by the civil law (see article 352 of the Civil Code of Quebec). As such, unless one wishes to remain single and celibate, one has to have two separate nups. The Church recognizes the civil effect of a civil marriage, and the civil authority does not contest the validity of a religious marriage. As such, Canon Law is deeply intertwined in modern societies.
Licentiate Programs and Their Institutions
A number of prestigious universities and pontifical institutes offer Licentiate of Canon Law degree programs. In Europe, the Pontifical University of Saint Thomas Aquinas in Rome offers an ecclesiastical degree in canon law, as does the Faculty of Canon Law at the Institute of Higher Studies on Marriage and the Family at the Pontifical Lateran University. The Pontifical University of Salamanca also offers a Licentiate of Canon Law, while the Faculty of Canon Law at the Pontifical Gregorian University offers a Licentiate of Sacred Theology in Canon Law. In the United States, an ecclesiastical degree in canon law is offered by Catholic University of America. It also offers a Doctorate of Canon Law degree. Similarly, Saint Paul University in Canada offers Licentiate and Doctorate of Canon Law degrees. The Faculty of Canon Law at the University of Ottawa is also a notable institution offering a Licentiate of Canon Law degree. As with other pontifical faculties, it is authorized to confer ecclesiastical degrees equivalent to graduate and doctoral degrees from Canadian universities. Gehard Cardinal Mueller, the former Prefect of the Congregation for the Doctrine of the Faith, received his Licentiate of Canon Law at this institution.
The Trials and Tribulations of Practicing Canon Law
Alongside its many rewards, canon law practice presents several challenges for practitioners, especially those in North America, where few canon lawyers practice full time. The limited volume of ecclesiastical matters in the United States and Canada can make it difficult to earn a substantial living as a canon lawyer and challenges practitioners who seek to limit their workload to those cases most attractive for them. In addition, those seeking to work in ecclesiastical courts as judges or assessors may find fewer opportunities than in countries with mandatory agreements between local bishops and the Holy See.
Practitioners also experience the challenge of remaining grounded in the ecclesiastical reality of the cases before them. While ecclesiastical lawyers may find that the parties in their cases usually represent the "best" and "brightest" in the Church, differences in professional or educational background can occasionally lead to misunderstandings between canon lawyers and lay people. In addition, some canon lawyers have experienced difficulty when opposing counsel is unable to represent a client due to a defect in his or her canonical capacity. On the other hand , most canon lawyers describe their work as enjoyable and rewarding. Many canon lawyers enter into the profession for the sole reason that lawyers are "called" to serve. Practicing canon law provides a rare opportunity for them to exercise their skills while contributing to the mission of the Church.
Many of the calls answered by canonical lawyers concern matters outside of their diocesis. Such calls allow practitioners to become familiar with the local ecclesiastical realities in other dioceses and demonstrate the universality of the Church. Similarly, canon law practitioners often come to appreciate the scope and depth of Church life. For example, canon lawyers frequently describe the liberality of certain canon law provisions as they impact the local culture. Canon law practitioners may also specialize in a particular area of canon law, such as marriage law or ecclesiastical property law, often becoming experts in their field and enjoying opportunities to present at national conferences and conventions.