Cameron Miranda
Canon law is the internal ecclesiastical law governing the Catholic Church, the Eastern Orthodox and Oriental Orthodox churches, and individual national churches within the Anglican Communion. It is a fully developed legal system with courts, lawyers, judges, a legal code, principles of legal interpretation, and coercive penalties. The Pope is the only person who can change the Code of Canon Law, and while it is uncommon, it does happen. For instance, Pope Francis has made changes to the legal procedure required in marriage-nullity cases, and has also added a new canon, 1379, which states that a person who deliberately administers a sacrament to those who are prohibited from receiving it is to be punished with suspension.
| Characteristics | Values |
|---|---|
| Who can change it? | Only the Pope can change the Code of Canon Law |
| How often is it changed? | It is uncommon, but it does happen |
| Who does it apply to? | Members of the Church |
| What does it govern? | The Catholic Church, the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion |
| What does it include? | Internal ecclesiastical law, or operational policy |
| What is its purpose? | To define, bind, and rule over the whole of the faith |
| How is it enforced? | Through ecclesiastical courts |
| Can it conflict with secular law? | Yes |
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What You'll Learn
The Pope can change canon law
Canon law is the internal ecclesiastical law or operational policy governing the Catholic Church, as well as the Eastern Orthodox and Oriental Orthodox churches, and individual national churches within the Anglican Communion. It is the oldest continuously functioning internal legal system in Western Europe.
The Pope's ability to change canon law is derived from the authority given to him by Jesus. Jesus 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" (Mt 16:19, 18:18). This language of "binding and loosing" was a Jewish phrase that meant forbidding and permitting. This gave the leaders of the Church the authority to establish rules and laws for the community.
While the Pope has the power to change canon law, it is not a frequent occurrence. Changes to the law are made public, along with explanations of the reasons behind them.
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Changes are made public
Changes to the Code of Canon Law are made public. Although it is an uncommon event, the Pope has changed the Code of Canon Law several times since its promulgation in 1983. The changes are always made public, along with an explanation of the reasons behind them. For example, Pope Francis has made changes to the legal procedure required in marriage-nullity cases, and Pope Benedict XVI has also altered the code.
Canon law is the internal ecclesiastical law or operational policy governing the Catholic Church, including the Latin Church and the Eastern Catholic Churches, the Eastern Orthodox and Oriental Orthodox churches, and individual national churches within the Anglican Communion. The way that such church law is legislated, interpreted, and sometimes adjudicated varies widely among these four bodies of churches.
The Catholic Church has the oldest continuously functioning internal legal system in Western Europe, which includes courts, lawyers, judges, a fully articulated legal code, principles of legal interpretation, and coercive penalties. The Pope, as the supreme legislator, possesses total legislative, executive, and judicial power. Canon law includes rules related to the governance of the Church, such as general norms, the people of God, the teaching and sanctifying missions of the Church, temporal goods, penal law, and procedural law.
Some changes to canon law include Pope Francis's recent addition of a significant canon, 1379, which states that "a person who deliberately administers a sacrament to those who are prohibited from receiving it is to be punished with suspension" and references other penalties that may be added. Pope Francis has also made changes to the way canonical statutes of limitation work, ensuring that priests accused of misconduct cannot remain in limbo indefinitely. He has also asserted the presumption of innocence in canon law and incorporated several canonical crimes related to sex, grooming, and child pornography.
While canon law is not often considered a priority for many Catholics, it is an essential part of the Church's legal system and theology. It touches upon every aspect of the Church, defining, binding, and ruling over the whole of the faith.
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Canon law is based on divine law or natural law
Canon law is a set of ordinances and regulations made by ecclesiastical authorities for the governance of a Christian organization or church and its members. Canon law is based on divine law or natural law. The ultimate source of canon law is God, and His will is manifested by the very nature of things (natural divine law) or by revelation (positive divine law). Both are contained in the Scriptures and in Tradition. Positive divine law cannot contradict natural law; instead, it confirms and renders it more definite. The Church accepts and considers both types of law as sovereign binding laws that it can interpret but not modify.
In the Catholic Church, canon law is the system of laws and legal principles made and enforced by the church's hierarchical authorities to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the church. The Catholic Church has the oldest continuously functioning internal legal system in Western Europe. 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 Eastern Catholic Churches underwent its own process of codification, resulting in the Code of Canons of the Eastern Churches promulgated in 1990 by Pope John Paul II.
The Code of Canon Law (1983), released by Pope John Paul II, has 1,752 canons. Many of these laws are subject to change over time as the Church sees fit, while others are not. 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.
The sources or authors of positive ecclesiastical law are the episcopate and its head, the pope, the successors of the Apostolic College, and its divinely appointed head, Saint Peter. They are the active sources of canon law. Their activity is exercised in its most solemn form by the ecumenical councils, where the episcopate, united with its head, defines its teaching and makes the laws that bind the whole Church. The pope, as head of the episcopate, possesses in himself the same powers as the episcopate united with him. He can abrogate the laws made by his predecessors or by Ecumenical councils, and he can legislate for the whole church or for a part thereof.
The Church gets its authority to make canon laws from Jesus, who 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" (Mt 16:19, 18:18). This language of "binding and loosing" was a Jewish phrase that meant forbidding and permitting. This pertained to the ability of scribes and Pharisees to establish rules of conduct for the faith community, and the good Jew was called by Christ to obey them. Since Jesus gave this authority to the leaders of his Church, they have the authority to establish feast days and lay down laws for the good of the community.
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Canon law is changeable over time
Canon law is the internal ecclesiastical law or operational policy governing the Catholic Church, the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. The Catholic Church has the oldest continuously functioning internal legal system in Western Europe. Canon law is derived from the Greek word "kanon", which means "straight" and is related to the English word "cane".
The Code of Canon Law is divided into seven headings: general norms, the people of God, the teaching mission of the Church, the sanctifying mission of the Church, temporal goods of the Church, penal law, and procedural law. Many of these laws are subject to change over time as the Church sees fit, while others are not. For example, the requirement for women to wear a veil at Mass was removed from the newer code, but the doctrine that only a validly ordained priest can confect the sacrament of the Eucharist remains unchanged.
The Church's authority to make and change canon law comes from Jesus, who 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" (Mt 16:19, 18:18). This language of "binding and loosing" was a Jewish phrase meaning "forbidding and permitting". This gave the leaders of the Church the authority to establish rules and laws for the good of the community.
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Canon law is different for different churches
Canon law is a system of religious laws and ecclesiastical legal principles made and enforced by the Catholic Church's hierarchical authorities. The term "canon" comes from the Greek word "kanon", which originally referred to a straight rod but eventually came to mean a rule or norm. Canon law is different for different churches, and the Catholic Church has its own distinct set of canon laws that govern its members.
The Catholic Church's canon law is divided into two main parts: the Latin or Western Church and the Eastern Catholic Churches. The Latin Church follows the 1983 Code of Canon Law, which is a revision of the 1917 Code that had over 2,000 canons. This code covers a range of topics, including general norms, the people of God, the teaching and sanctifying missions of the Church, temporal goods, and procedural and penal law. The Latin Church's canon law is subject to change over time, as deemed necessary by the Pope and the College of Bishops. For example, Pope Francis made significant changes to marriage-nullity cases and penal law regarding sexual offenses.
On the other hand, the Eastern Catholic Churches have their own Code of Canons, promulgated in 1990 by Pope John Paul II. This code came into effect on October 1, 1991 and differs from the Latin code in matters where Eastern and Latin traditions diverge, such as terminology, discipline concerning hierarchical offices, and administration of the sacraments. The Eastern Catholic canon law developed independently, with its own disciplines and practices, and is governed by the unique traditions of the 23 Eastern Catholic particular churches sui iuris.
The process of changing canon law in the Catholic Church involves the Pope or the College of Bishops amending or adding to the existing codes. These changes are made public, along with explanations, and are based on the Church's interpretation of the Gospel of Jesus Christ. While civil legislatures may change laws more frequently, canon law changes are relatively uncommon but still occur when necessary to resolve ambiguities or problematic laws.
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Frequently asked questions
The Pope has the authority to change canon law. The Catholic Church has the oldest continuously functioning internal legal system in Western Europe. The Pope doesn't change the law every week, but there have been several instances of Pope Francis, Pope Benedict XVI, and John Paul II changing the law since its promulgation in 1983.
Making changes to the Code of Canon Law is uncommon, but it does happen. The Pope may change the law to resolve an ambiguity or to change a problematic law.
New laws are always made public, along with an explanation of why the Pope feels they are necessary. However, for changes to take effect, it is not enough for the Pope to make new laws; bishops must also take the Pope's exhortations seriously and use the tools given to them to ensure better discipline in their local dioceses.
