Cameron Miranda
Canon law is the system of laws and ecclesiastical legal principles made and enforced by the Catholic Church's hierarchical authorities to regulate its external organization, government, and activities of Catholics toward the mission of the Church. The Pope occasionally amends the text of the codes, and while making changes to the Code of Canon Law is uncommon, it does happen. For instance, Pope Francis made several changes to canons 1671-1691, which govern the procedure for marriage-nullity cases. The Catholic Church has the oldest continuously functioning legal system in the West, and its canon law encapsulates not just norms of the New Testament but also elements of Hebrew, Roman, Visigothic, Saxon, and Celtic legal traditions.
| Characteristics | Values |
|---|---|
| Canon law of the Catholic Church | ius canonicum |
| Canon law is | how the Church organizes and governs herself |
| Number of canons in the current Code of Canon Law | 1,752 |
| Number of canons in the former canon | 2,000+ |
| Number of canons Pope Francis changed | 21 |
| Canon law changes | Made public with an explanation |
| Canon law changes made by | Pope |
| Canon law changes made by | College of Bishops acting in communion with the Pope |
| Canon law changes made by | Bishops |
| Canon law changes made to | Address ambiguity |
| Canon law changes made to | Address problematic laws |
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What You'll Learn
The Pope's authority to change canon law
The Pope's power to change ecclesiastical laws is demonstrated in the minimum age requirement for a priest to become a bishop. Canon 378.1 n. 3 states that a priest must be at least 35 years old to become a bishop. This canon reflects a change made by Pope John Paul II in 1983, who replaced the previous code of 1917 that required a minimum age of 30 years. The Pope may also dispense with the age requirement in certain situations, such as in mission territories with a limited number of priests or in regions where the Church faces political persecution.
In summary, while the Pope has the authority to change or dispense with ecclesiastical laws, he is bound by divine laws that are considered integral parts of church law, such as those believed to originate from Christ's words. The Pope's ability to change canon law is an important aspect of the Catholic Church's governance, allowing for adaptations to be made over time while also maintaining respect for divine laws.
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The Catholic Church's legal system
The history of Latin canon law can be divided into four periods: the jus antiquum, the jus novum, the jus novissimum, and the Code of Canon Law. The canon law of the Latin Church is articulated in the legal code for the Latin Church, as well as a code for the Eastern Catholic Churches. The Code of Canons of the Eastern Churches was promulgated in 1990 by Pope John Paul II. The canon law of the Eastern Catholic Churches has developed some different disciplines and practices and is governed by 23 Eastern Catholic particular churches sui iuris. The canon law of the Catholic Church has influenced the development of modern civil law and common law in Europe.
The current Code of Canon Law (1983 ed.), released by Pope John Paul II, has 1,752 canons. The former canon (1917) had over 2,000 canons. The 1983 revision was promulgated by the apostolic constitution Sacrae Disciplinae Leges on 25 January 1983, taking effect on 27 November 1983. The Code of Canon Law is subject to change over time as the Church sees fit. For example, the discipline of women wearing a veil at Mass was not retained in the newer code, and so the practice is not required. However, other canons, such as the doctrine expressed in canon 900 §1 (1983), cannot be changed over time.
The Catholic Church gets its authority to make these laws from Jesus. He told the leaders of his Church, “Whatever you bind on earth will be bound in heaven, and whatever you loose on earth will be loosed in heaven”.
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Canon law's legislative style
Canon law, which includes the internal ecclesiastical law, governs the Catholic Church, the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. The legislative style of canon law in the Catholic Church was adapted from the Roman Code of Justinian. This is reflected in the Roman ecclesiastical courts, which follow the Roman Law style of continental Europe, featuring collegiate panels of judges and an investigative form of proceeding, called "inquisitorial", from the Latin "inquirere", to enquire.
In contrast, the adversarial form of proceeding found in the common law system of English and U.S. law features juries and single judges. The institutions and practices of Catholic canon law paralleled the legal development of much of Europe, and both modern civil law and common law bear the influences of canon law. Canon law is contained in the genesis of various institutes of civil law, such as the law in continental Europe and Latin American countries.
In the Latin Church, positive ecclesiastical laws are based on immutable divine law or natural law and derive formal authority in the case of universal laws from the supreme legislator (i.e., the Supreme Pontiff), who possesses total legislative, executive, and judicial power. Particular laws derive authority from a legislator inferior to the supreme legislator. The actual subject matter of the canons is not just doctrinal or moral in nature but all-encompassing of the human condition, extending beyond what is taken as revealed truth.
Canon law is not static and has a long history of development throughout the Christian era, reflecting social, political, economic, cultural, and ecclesiastical changes that have taken place over the past two millennia. For example, the discipline of women wearing a veil at Mass was not retained in the newer code, and so the practice is not required. However, other things in the code, such as the doctrine expressed in canon 900 §1 (1983), which states that only a validly ordained priest can confect the sacrament of the Eucharist, cannot be changed over time.
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The Church's position on marriage
The Catholic Church's position on marriage, or holy matrimony, is that it is a "covenant by which a man and a woman establish between themselves a partnership of the whole of life". This partnership is intended for "the good of the spouses and the procreation and education of offspring". The Church teaches that marriage is sacred and a gift from God, who created male and female in his image, so that they may become one body. The love between a man and a woman in marriage is blessed by God and is a response to God's call to holiness.
The Church's position is that marriage is a conjugal union between a man and a woman, both in legal status, in which they enter into a perpetual and indissoluble union of lives. There are two goals of this union: procreation and the education of offspring, and the mutual support of the spouses. This definition applies to two types of marriages: the one between non-baptized persons and the one between two baptized persons. The former is made according to Natural Law, while the latter is the marriage according to the Catholic Church.
The Catholic Church recognizes marriages between two non-Christians or those between a Catholic Christian and a non-Christian, but these are not considered sacramental. In the latter case, the Catholic Christian must seek permission from their bishop for the marriage to occur. This permission is known as "dispensation from disparity of cult". Weddings in which both parties are Catholic are ordinarily held in a Catholic church, while weddings in which one party is Catholic and the other is not can be held in a Catholic church or a non-Catholic church, but in the latter case, permission from the bishop is required.
The Church also holds the position that a valid sacramental consummated marriage is indissoluble. While the violation of some regulations may make a marriage illicit, but not invalid, some conditions are essential, and their absence means that there is no valid marriage. However, the Church has consistently held that the dissolution of a valid natural marriage, even if consummated, may be granted for the sake of someone's Christian faith.
The Catholic Church has also taken a stance against same-sex marriage, stating that it does not have the power to give blessings to unions of persons of the same sex. Leading figures in the Catholic hierarchy, including cardinals and bishops, have publicly opposed the legislation of civil same-sex marriage and encouraged others to do the same. However, there is a growing number of Catholics globally who dissent from this position and express support for civil unions or same-sex marriage.
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The Church's handling of sexual abuse
Canon law in the Catholic Church is subject to change over time, with the Church's authority to change these laws stemming from Jesus, according to the Bible. While some laws are retained, others are not, and new laws are created by the Church as it sees fit.
In August 2018, a list was published revealing that over 1,300 Catholic clergy in Ireland had been accused of sexual abuse, with 82 convictions. The Catholic Boy Scouts of Ireland (CBSI) was also implicated in a cover-up of sexual abuse, shielding 275 known or suspected predators. In the United States, more than 5,300 priests and clergy members have been accused of sexually abusing children, with California having the highest number of reported cases.
The Church's response to these allegations has been widely criticized, with Boston Cardinal Sean Patrick O'Malley, a key Vatican advisor on clergy abuse, expressing disappointment in the Pope's initial defense of Bishop Barros. Pope Francis later acknowledged his mistakes in assessing the situation and condemned the Chilean church hierarchy for its "grave defects" in handling sexual abuse cases.
While the Church has taken steps to address the issue, such as Pope Francis' establishment of the Pontifical Commission for the Protection of Minors in 2014, it continues to face scrutiny for its handling of sexual abuse cases. The commission's first report, published in October 2024, highlighted the Church's failure to ensure that clerical sexual abuse cases were adequately dealt with, and criticized the slow and secretive nature of the Vatican's response. Despite the Church's efforts, watchdog groups like BishopAccountability continue to advocate for survivors, noting that children in the Catholic Church are still at risk of sexual assault by clergy.
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Frequently asked questions
Yes, the church can change canon law. The Pope occasionally amends the text of the codes.
It is uncommon for the Pope to change canon law, but it does happen.
The Pope may change canon law to resolve an ambiguity or to change a problematic law.
Any changes to the law are made public, along with an explanation of why the Pope feels they are necessary.
The canon law of the Catholic Church is enforced by the hierarchical authorities of the Church.
