Cameron Miranda
Canon law is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organisation or church and its members. The word 'canon' is derived from the Greek word 'kanon', meaning 'rule, norm, standard or measure'. Canon law is the oldest continuous legal system in the western world and is the internal legal system within the Catholic Church, governing the internal hierarchy and administration of the church, including church ceremonies, the role of clergy, religious education, discipline within the church, and any litigation falling within ecclesiastical jurisdiction.
| Characteristics | Values |
|---|---|
| Definition | Canon law is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. |
| Origin | Canon law originated as a body of norms drawn from scripture, the decisions of ecclesiastical councils, rulings by the Pope (in the form of letters known as papal decretals), and secular Roman law. |
| History | The history of canon law can be divided into four periods: the jus antiquum, the jus novum, the jus novissimum, and the Code of Canon Law. |
| Validity | The validity of canon law rests on the acceptance of a sacramental view and the transmitted mission of the Apostles through the bishops. |
| Function | Canon law functions as an internal system of law within the Catholic Church, governing its liturgy, preaching, works of charity, and other activities. |
| Influence | Canon law has influenced secular law and jurisprudence in lands influenced by Protestantism and has contributed to the development of international law. |
| Enforcement | Canon law is enforced by the Catholic Church's hierarchical authorities, including the Pope and bishops, to regulate its organization, government, and the activities of Catholics. |
| Purpose | Canon law maintains good order within the Church, provides stability, and defines and protects the institutions and externals of the Church. |
| Scope | Canon law governs church ceremonies, the role of clergy, religious education, discipline within the church, and litigation within ecclesiastical jurisdiction. |
| Code of Canon Law | The current Code of Canon Law was issued by Pope John Paul II in 1983, revising the previous 1917 Code. It contains 1752 canons (laws) and covers various aspects of church ministry. |
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What You'll Learn
Canon law history
Canon law is a set of ordinances and regulations made by ecclesiastical authorities (church leadership) for the governance of a Christian organisation or church and its members. The word 'canon' comes from the Greek word 'kanon', meaning 'rule, norm, standard or measure. Canon law has a long history of development throughout the Christian era, reflecting social, political, economic, cultural, and ecclesiastical changes over the past two millennia.
The history of canon law can be divided into four periods: the ius antiquum, the ius novum, the ius novissimum, and the Codex Iuris Canonici (Code of Canon Law). The ius antiquum ("ancient law") extends from the foundation of the Church to the time of Gratian (mid-12th century). This period can be further divided into three parts: the time of the apostles to the death of Pope Gelasius I (AD 496), the end of the 5th century to the spurious collection of the 9th century, and the last period up to the time of Gratian (mid-12th century). In the early church, the first canons were decreed by bishops united in "ecumenical" or "local" councils. Over time, these canons were supplemented with decretals of the Bishops of Rome, which were responses to doubts or problems.
The ius novum ("new law") or middle period covers the time from Gratian to the Council of Trent (mid-12th century to the 16th century). Gratian, a Camaldolese monk, assembled the first truly systematic collection of canons in the 11th century, known as the Decretum Gratiani ("Gratian's Decree"). Gratian is considered the founder of canonical jurisprudence and the "Father of Canon Law". Canon law greatly increased from 1140 to 1234, and in 1234, Pope Gregory IX promulgated the first official collection of canons, the Decretalia Gregorii Noni or Liber Extra. This was followed by several other collections, including the Liber Sextus (1298) and the Clementines (1317). All these collections, along with the Decretum Gratiani, are together referred to as the Corpus Iuris Canonici.
The canon law of the Eastern and Western churches was similar in form until the Schism of 1054, after which they developed their own distinct bodies of canon law. In the 16th century, the Reformation further influenced the development of canon law in the Western churches. Canon law has had a significant influence on secular law and jurisprudence in lands influenced by Protestantism, including marriage law, the law of obligations, and the law concerning proof or evidence. The modern idea of the state also has its roots in the ideas developed by medieval canonists regarding the constitution of the church.
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Canon law in the Catholic Church
Canon law is a set of ordinances and regulations made by ecclesiastical authorities (church leadership) to govern a Christian organisation or church and its members. The word 'canon' comes from the Greek word 'kanon', meaning 'rule, norm, standard or measure'. Canon law is distinct from civil law, which is issued by the government of a state or country.
The current Code of Canon Law was issued by Pope John Paul II in 1983 and is a revision of the previous 1917 Code. The 1983 Code contains 1752 canons (laws), covering much of the law of the Church, but there are other laws, norms, precepts, and rules listed elsewhere. The first canon in the 1983 Code states that it "regards only the Latin Church". The Latin Church is the church of the vast majority of US Catholics. A separate but parallel Code of Canons of the Eastern Churches, issued in 1990, governs the Eastern Catholic Churches.
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Canon law in Eastern Christianity
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. 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.
In Eastern Christianity, because of doctrinal and nationalistic disputes during the 5th to 7th centuries, several church groups (especially non-Greek) separated themselves from the nominal head of Eastern Christianity, the patriarch of Constantinople, and developed their own bodies of canon law, often reflecting nationalistic concerns. The canon law of the Eastern and Western churches was much the same in form until these two groups of churches separated in the Schism of 1054.
The law of the Eastern Catholic Churches in full communion with the Roman papacy was in much the same state as that of the Latin Church before 1917; much more diversity in legislation existed in the various Eastern Catholic Churches. Each had its own special law, in which custom still played an important part. One major difference in Eastern Europe, specifically in the Eastern Orthodox Christian churches, was in regard to divorce.
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 promulgated in 1990 by Pope John Paul II. This document was the first comprehensive code of church law governing all Eastern Catholic churches.
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Canon law and secular law
Canon law is a set of ordinances and regulations made by ecclesiastical authorities (church leadership) for the governance of a Christian organisation or church and its members. It is the oldest continuously functioning legal system in the West. Canon law includes 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 way such church law is legislated, interpreted and adjudicated varies widely among these four bodies of churches.
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 organisation and government and to order and direct the activities of Catholics toward the mission of the church. Canon law in the Catholic Church is based directly or indirectly on immutable divine law or natural law. The Catholic Church includes the five main rites (groups) of churches in full union with the Holy See and the Latin Church: the Alexandrian Rite Churches, which include the Coptic Catholic Church, Eritrean Catholic Church, and Ethiopian Catholic Church.
In the fourth century, the First Council of Nicaea (325) called canons the disciplinary measures of the church: the term canon, κανὠν, means "rule" in Greek. There is an early distinction between the rules enacted by the church and the legislative measures taken by the state called leges, Latin for laws. The Apostolic Canons or Ecclesiastical Canons of the Same Holy Apostles is a collection of ancient ecclesiastical decrees concerning the government and discipline of the Early Christian Church, incorporated with the Apostolic Constitutions, which are part of the Ante-Nicene Fathers.
Canon law has influenced secular law and jurisprudence in lands influenced by Protestantism. For example, marriage law, the law of obligations, the doctrine of modes of property acquisition, possession, wills, legal persons, the law of criminal procedure, and the law concerning proof or evidence. International law owes its origins to canonists and theologians, and the modern idea of the state goes back to the ideas developed by medieval canonists regarding the constitution of the church.
One example of conflict between secular and canon law occurred in the English legal system, as well as in systems such as the U.S. that derived from it. Here, criminals could apply for the benefit of clergy. Being in holy orders, or fraudulently claiming to be, meant that criminals could opt to be tried by ecclesiastical rather than secular courts. The ecclesiastical courts were generally more lenient. Under the Tudors, the scope of clerical benefit was steadily reduced by Henry VII, Henry VIII, and Elizabeth I. The papacy disputed secular authority over priests' criminal offenses.
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Canon law and the modern world
Canon law is a set of ordinances and regulations made by ecclesiastical authorities, such as the Pope and bishops, for the governance of a Christian organisation or church and its members. It is the oldest continuous legal system in the Western world. Canon law is distinct from civil law, which is issued by the government of a state or country, but it does respect civil law as long as it does not conflict with the Church's values.
Canon law has been an integral part of the Church's organisational structure since its early history. It has governed the internal hierarchy and administration of the Church, including how a diocese is organised, who may be given a Catholic funeral, and what is involved in selling Church property. Canon law also defines the institutions and externals of the Church, such as church ceremonies, the role of clergy, religious education, and discipline within the church.
The development of canon law has been influenced by various factors, including scripture, the decisions of ecclesiastical councils, rulings by the Pope, and secular Roman law. The canon law of the Eastern and Western churches was initially similar until the Schism of 1054. Over time, the two groups of churches developed differing patterns of codification and norms, with the Western churches continuing to develop their canon law until the Reformation of the 16th century.
In the modern world, canon law remains relevant and adaptable to changing circumstances. It provides a stable framework for the Church's governance and the regulation of its activities. Canon law also influences secular law and jurisprudence in lands influenced by Protestantism, such as marriage law, criminal procedure, and international law.
The role of canon law in the modern world is complex and multifaceted. While it primarily serves the internal governance of the Church, it also interacts with secular legal systems and shapes societal norms and values. Canon law's ability to adapt to modern challenges, such as the sexual abuse crisis, underscores its ongoing significance within the Church and its contribution to the broader legal landscape.
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Frequently asked questions
Canon law is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members.
Canon is the Greek word for rule, norm, standard or measure.
Canon law governs church ceremonies, the role of clergy, religious education, discipline within the church, and any litigation falling within ecclesiastical jurisdiction.
