Catholics And Cannon Law: What Constitutes A Sin?

Canon law is a set of ordinances and regulations made by ecclesiastical authorities (church leadership) to govern a Christian organization or church and its members. The way canon law is legislated, interpreted, and adjudicated varies widely among different churches. Canon law includes 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. Canon law is considered the first modern Western legal system and is the oldest continuously functioning legal system in the West. Canon law is divided into the eternal moral law, which is unchanging, and the law of discipline, which is changeable and dispensable. While breaking the eternal moral law is always a sin, the law of discipline allows for exceptions, and it is possible to break canon law without committing a sin.

Canon law is a set of ordinances and regulations made by ecclesiastical authorities for the governance of a Christian organisation and its members

Canon law is a set of ordinances and regulations made by ecclesiastical authorities, or church leaders, for the governance of a Christian organisation and its members. It is a broad term encompassing the internal ecclesiastical law, or operational policy, governing several Christian denominations, including the Catholic Church, the Eastern Orthodox and Oriental Orthodox churches, and the Anglican Communion. Canon law is not static; it reflects social, political, economic, cultural, and ecclesiastical changes that have occurred throughout history.

The development and application of canon law vary among these Christian denominations. In the Catholic Church, for instance, canon law is enforced by the church's hierarchical authorities and encompasses both external organisation and governance, as well as the activities of Catholics, directing them towards the church's mission. The Catholic Church has the oldest continuously functioning internal legal system in Western Europe. The Latin Church, which falls under the Catholic Church, derives its authority from the supreme legislator, the Supreme Pontiff, who holds legislative, executive, and judicial power.

The Eastern Orthodox Church, on the other hand, has compiled canons and commentaries in a work known as the "Pēdálion" to steer the church's discipline. This compilation of canons and commentaries is particularly significant in Eastern Orthodox Christian churches, where there have been doctrinal and nationalistic disputes.

The Church of England, which is part of the Anglican Communion, retains the concept of canon law and has its own ecclesiastical courts that handle matters such as marriage, divorce, wills, and defamation. These courts have a separate status and date back to the 12th century when the Normans separated them from the mixed secular and religious county and local courts used by the Saxons.

While canon law provides a framework for governance and discipline within Christian organisations, it is essential to note that its interpretation and enforcement can vary across different denominations and churches.

Canon law is not static and can be changed, dispensed, or even broken without sin or fault

Canon law is a set of ordinances and regulations made by ecclesiastical authorities (church leadership) for the governance of a Christian organization or church and its members. It is the first modern Western legal system and is the oldest continuously functioning legal system in the West. Canon law is not static and can be changed, dispensed, or even broken without sin or fault.

The distinction between eternal moral law and the law of discipline is important to understand. The eternal moral law is unchanging and based on the Justice inherent in the Nature of God. Any violation of this law is always a sin. On the other hand, the law of discipline includes rules, rulings, liturgical norms, and the rules established by dioceses or parishes, and is subject to change and exception based on individual circumstances and intentions.

While canon law contains some direct expressions of doctrine on matters of faith and morals, which cannot be dispensed, the rest of canon law per se is subject to change and exception. This is evident in the example of David and his soldiers eating the bread of the Presence, which was reserved for priests, and approved by Jesus Christ. Additionally, Jesus rejected the Pharisaical interpretation of the law against working on the Sabbath, demonstrating that the law of discipline can be interpreted and broken without sin in certain circumstances.

In conclusion, while canon law is an important aspect of church governance, it is not static and can be subject to change, dispensation, or even being broken without sin or fault in certain circumstances. The distinction between eternal moral law and the law of discipline is crucial, and the will of God is always above canon law.

Canon law is for bishops to interpret and enforce, and lay persons are discouraged from reading it

Canon law is a set of ordinances and regulations made by ecclesiastical authorities (church leadership) for the governance of a Christian organization or church and its members. The term "canon law" (ius canonicum) was only regularly used from the 12th century onwards. The canon law of the Catholic Church has all the ordinary elements of a mature legal system: laws, courts, lawyers, and judges. It is articulated in the legal code for the Latin Church and a code for the Eastern Catholic Churches.

The interpretation and enforcement of canon law fall under the purview of bishops and other ecclesiastical authorities. As such, it is not intended for lay persons to interpret or enforce these laws directly. While lay persons are not prohibited from reading canon law, they may find it challenging to navigate the complex legal system without specialized knowledge.

Canon law governs a wide range of matters within the Catholic Church, including the external organization and government of the Church, as well as the activities of Catholics toward the Church's mission. It covers not just doctrinal or moral issues but also encompasses the human condition.

The history of Latin canon law can be divided into four periods: the ius antiquum, the ius novum, the ius novissimum, and the Codex Iuris Canonici. The most recent revision of the Code of Canon Law, promulgated in 1983, is currently binding on the Latin Church. This code has been revised several times to adapt to changing circumstances and the needs of the Church.

Canon law is not civilly binding in most secular jurisdictions

Canon law is the system of laws and legal principles made and enforced by the Catholic Church's hierarchical authorities. It is the oldest continuously functioning legal system in the West. Canon law has all the ordinary elements of a mature legal system: laws, courts, lawyers, and judges. It also has principles of legal interpretation and coercive penalties.

However, canon law is not civilly binding in most secular jurisdictions. This means that while canon law may regulate the external organization and government of the Catholic Church and direct the activities of Catholics toward the Church's mission, it does not have the same legal authority as civil laws in secular contexts.

For example, in the English legal system and in systems derived from it, such as the U.S. legal system, there was historically a conflict between secular and canon law regarding the trial of criminals. Clerics or those fraudulently claiming to be clerics could opt to be tried by ecclesiastical rather than secular courts, as the former were generally more lenient. Over time, the scope of this "benefit of clergy" was reduced, and it was eventually removed from English legal systems.

Another illustration of the distinction between canon law and civil law can be found in the context of divorce. While the Catholic Church does not allow divorce, in Eastern Orthodox Christian churches, divorce started to be allowed in specific instances such as adultery, abuse, abandonment, impotence, and barrenness. This example demonstrates how canon law and civil law can differ, and how canon law may not always align with the laws of secular jurisdictions.

Canon law is the oldest continuously functioning legal system in the West

Canon law includes the internal ecclesiastical law, or operational policy, governing the Catholic Church (both the Latin Church and the Eastern Catholic Churches), the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. The Catholic Church also includes the main five rites (groups) of churches that are in full union with the Holy See and the Latin Church. These are the Alexandrian Rite Churches, the West Syriac Rite, the Armenian Rite Church, the Byzantine Rite Churches, and the East Syriac Rite Churches. All of these church groups are in full communion with the Supreme Pontiff and are subject to the Code of Canons of the Eastern Churches.

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. In relation to the Code, history can be divided into the jus vetus (all law before the Code) and the jus novum (the law of the Code, or jus codicis). The canon law of the Eastern Catholic Churches, which had developed some different disciplines and practices, underwent its own process of codification, resulting in the Code of Canons of the Eastern Churches, which was promulgated in 1990 by Pope John Paul II.

Frequently asked questions