Kara Sears
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. The term 'canon' comes from the Greek word 'kanon', meaning a 'straight measuring rod' or 'ruler'. The term 'canon law' (ius canonicum) was regularly used from the 12th century onwards, and the first official compilation of ecclesiastical law was promulgated in 1917. However, the history of canon law can be traced back to the early church, with the First Council of Nicaea in 325 referring to canons as the disciplinary measures of the church. Over time, canon law has developed and changed to reflect social, political, economic, cultural, and ecclesiastical shifts, and it continues to be a significant aspect of the legal systems within various Christian churches.
| Characteristics | Values |
|---|---|
| First use of the term "canon law" | 12th century |
| First Code of Canon Law | 27 May 1917 |
| First Code of Canon Law effective date | 29 May 1918 |
| Second Code of Canon Law | 25 January 1983 |
| Second Code of Canon Law effective date | 27 November 1983 |
| Number of canons in the Second Code of Canon Law | 1,752 |
| Number of canons in the First Code of Canon Law | 2,414 |
| Number of citations of prior church legislation in the First Code of Canon Law | 26,000 |
| Number of citations of Decretum Gratiani in the First Code of Canon Law | 8,400 |
| Number of citations of general councils of the church in the First Code of Canon Law | 1,200 |
| Number of citations of papal legislation in the First Code of Canon Law | 4,000 |
| Number of citations of norms of Roman congregations in the First Code of Canon Law | 11,200 |
| Number of citations of liturgical books in the First Code of Canon Law | 800 |
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What You'll Learn
The term 'canon law'
The term "canon law" (ius canonicum) was only regularly used from the twelfth century onwards. The word "canon" comes from the Greek "kanon", which in its original usage denoted a straight rod, was later used for a measuring stick, and eventually came to mean a rule or norm. In the fourth century, the First Council of Nicaea (325) called canons the disciplinary measures of the church. In 325, when the first ecumenical council, Nicaea I, was held, "kanon" started to obtain the restricted juridical denotation of a law promulgated by a synod or ecumenical council, as well as that of an individual bishop.
In the Latin Church, positive ecclesiastical laws, based directly or indirectly upon immutable divine law or natural law, derive formal authority in the case of universal laws from the supreme legislator (i.e., the Supreme Pontiff), who possesses the totality of legislative, executive, and judicial power in his person, while particular laws derive formal authority from a legislator inferior to the supreme legislator. The actual subject material of the canons is not just doctrinal or moral in nature, but all-encompassing of the human condition, and therefore extends beyond what is taken as revealed truth. Canon law as a sacred science is called canonistics.
The canon law of the Catholic Church is "how the Church organizes and governs herself". It is the system of religious laws and ecclesiastical legal principles made and enforced by the hierarchical authorities of the Catholic Church to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the Church. It was the first modern Western legal system and is the oldest continuously functioning legal system in the West. 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 promulgated in 1990 by Pope John Paul II. 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. Canon law in the Western churches after 1054 developed without interruption until the Reformation of the 16th century. Though other churches of the Reformation rejected the canon law of the Roman Catholic Church, the Church of England retained the concept of canon law and developed its own type, which has acceptance in the churches of the Anglican Communion.
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The history of canon 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. The word "canon" comes from the Greek "kanon", which originally meant a straight rod or measuring stick, and eventually came to mean a rule or norm. In the fourth century, the First Council of Nicaea (325) referred to canons as the disciplinary measures of the church. The canon law of the Catholic Church is the oldest continuously functioning legal system in the West.
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 further divided into the jus vetus (all law before the Code) and the jus novum (the law of the Code, or jus codicis). The term "canon law" (ius canonicum) was only regularly used from the 12th century onwards. The term ius ecclesiasticum referred to secular law that dealt with the relationship between the state and the Catholic Church. The term corpus iuris canonici was used to denote canon law as a legal system beginning in the 13th century.
In 1904, Pope Pius X announced a plan for the codification of canon law and appointed a commission of cardinals under the presidency of Pietro (later Cardinal) Gasparri to supervise the work. The first Code of Canon Law was promulgated by Pope Benedict XV on Pentecost Sunday, 27 May 1917, and took effect on 29 May 1918. This code replaced the Corpus Juris Canonici, an earlier compilation of church law that had been in force since the Middle Ages. The new code was a systematic arrangement of ecclesiastical law, set forth in 2,414 canons or norms that were organized under topical headings in five books.
On 25 January 1959, Pope John XXIII established a papal commission of cardinals and experts to undertake a new revision of the code. On 25 January 1983, Pope John Paul II signed the second Code of Canon Law, which took effect on 27 November 1983 and superseded the first code. This second code, written in Latin, consists of 1,752 canons organized into seven books.
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The Code of Canon 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. The term canon comes from the Greek word "kanon", which means a "'straight measuring rod" or "ruler". In the fourth century, the First Council of Nicaea (325) referred to canons as the disciplinary measures of the church. The canon law of the Catholic Church is also referred to as "ius canonicum" in Latin.
The canon law of the Catholic Church is the oldest continuously functioning legal system in the West. It has all the elements of a mature legal system, including laws, courts, lawyers, judges, a legal code, principles of legal interpretation, and coercive penalties. However, it lacks civilly binding force in most secular jurisdictions. The history of canon law can be divided into several periods, including the jus antiquum, the jus novum, the jus novissimum, and the Code of Canon Law. The canon law of the Eastern Catholic Churches underwent a separate process of codification, resulting in the Code of Canons of the Eastern Churches promulgated in 1990.
Canon law is not static and has evolved over time to reflect social, political, economic, cultural, and ecclesiastical changes. It is based on divine law, natural law, and positive ecclesiastical law, which includes examples such as fasting during Lent and religious workers requiring permission from their superiors to publish a book. The validity of canon law rests on the acceptance of a sacramental view and the transmitted mission of the Apostles through the bishops. Canon law operates within the complex of legal principles and traditions known as jurisprudence.
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Canon law in the Western churches
Canon law in the Catholic Church is a comprehensive system of regulations that govern the church's practices and the behaviour of its members. It is sometimes referred to as "ius codicis" ("law of the code") or ius novum ("new law") in Latin. It is the oldest continuously functioning legal system in the West, and the first modern Western legal system.
Canon law is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the governance of a Christian organisation or church and its members. The term "canon" comes from the Greek "kanon", meaning a straight measuring rod or ruler, and denotes a rule, code, standard, or norm. In the fourth century, the First Council of Nicaea (325) called canons the disciplinary measures of the church. 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 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, an official compilation of ecclesiastical law, was promulgated in 1917 and again, in revised form, in 1983, for Roman Catholics of the Latin rite. The 1917 Code of Canon Law marked a significant effort to unify various regional practices, and subsequent revisions aimed to address modern societal changes and broaden the church's outreach.
The canon law of the Catholic Church is "how the Church organizes and governs herself". It is a system of religious laws and ecclesiastical legal principles made and enforced by the hierarchical authorities of the Catholic Church to regulate its external organisation and government and to order and direct the activities of Catholics toward the mission of the Church. Positive ecclesiastical laws, based directly or indirectly upon immutable divine law or natural law, derive formal authority in the case of universal laws from promulgation by the supreme legislator—the supreme pontiff, who possesses the totality of legislative, executive, and judicial power in his person, or by the College of Bishops acting in communion with the pope.
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![The Origin of the Canon of the Old Testament : an Historico-Critical Enquiry / by G. Wildeboer ; Translated by Benjamin Wisner Bacon. Edited with Preface by George F. Moore. 1895 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
Canon law in the Eastern churches
Canon law, derived from the Ancient Greek word "kanon" meaning "straight measuring rod, ruler", is a set of ordinances and regulations made by ecclesiastical authorities for the governance of a Christian organisation 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.
The canon law of the Catholic Church is "how the Church organizes and governs herself". It is the system of religious laws and ecclesiastical legal principles made and enforced by the hierarchical authorities of the Catholic Church to regulate its external organisation and government and to order and direct the activities of Catholics toward the mission of the Church. The Catholic Church has what is claimed to be the oldest continuously functioning internal legal system in Western Europe, much later than Roman law but predating the evolution of modern European civil law traditions. 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 developed some different disciplines and practices, underwent its own process of codification, resulting in the Code of Canons of the Eastern Churches (CCEO) in 1990. The CCEO is the codification of the common portions of Canon Law for the 23 of the 24 sui iuris Churches in the Catholic Church. It is divided into 30 titles and has a total of 1540 canons, with an introductory section of preliminary canons. The official language of the canon law common to all the Eastern Catholic Churches (called "common law") is Latin. Although Latin is the language of the Latin Church and not of the Eastern Churches, Latin was chosen as the language of the common law because there is no common language in use among all the Eastern Catholic Churches. The members of these churches use a diversity of languages, including Greek, Ukrainian, Arabic, Romanian, Malayalam, English, French, Spanish, and Portuguese, but no single one of these languages could be used as the language of the common law.
The Eastern Catholic canon law includes both the common tradition among all Eastern Catholic Churches, now chiefly contained in the CCEO, as well as the particular law proper to each individual sui iuris particular Eastern Catholic Church. Oriental canon law is distinguished from Latin canon law, which developed along a separate line in the remnants of the Western Roman Empire, and is now chiefly codified in the 1983 Code of Canon Law. A nomocanon is a collection of ecclesiastical law, consisting of the elements from both civil law and canon law. Collections of this kind were found only in Eastern law. The Greek Church has two principal nomocanonical collections. The first nomocanon is the "Nomocanon of John Scholasticus" of the sixth century. The second nomocanon dates from the reign of the Byzantine Emperor Heraclius (610-641). It was made by fusion of the Collectio tripartita (collection of Justinian's imperial law) and "Canonic syntagma" (ecclesiastical canons).
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Frequently asked questions
The term "canon law" (ius canonicum) was regularly used from the 12th century onwards.
The first code of canon law was promulgated in 1917.
The second code of canon law was promulgated in 1983.
Canon law has been historically continuous from the early church to the present, with the term "canon" being used in the fourth century to refer to the disciplinary measures of the church.
