Keith Mack
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 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. Canon law is also called 'ecclesiastical law' (jus ecclesiasticum). The canon law of the Catholic Church is the oldest continuously functioning legal system in the West. The Code of Canon Law covers many different topics, including ecclesiastical laws, the role of church offices, the obligations of Catholic practitioners, and the organization of ecclesiastical organizations. The current Code of Canon Law was issued by Pope John Paul II in 1983, replacing the previous code from 1917.
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What You'll Learn
Canon law's 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 'kanon', which originally meant a straight rod used for measurement 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. 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 direct the activities of Catholics toward the mission of the church. It 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. 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 by Pope John Paul II.
The first Code of Canon Law was promulgated by Pope Pius X in 1917 and came into effect in 1918. This was due to the body of canonical legislation becoming difficult to reconcile, with around 10,000 norms by the 19th century. The 1917 Code is sometimes called the 'Pio-Benedictine Code' as it was begun by Pius X and promulgated by Benedict XV. The Code of Canon Law covers many topics, including the rules and regulations of Catholic marriage and which offences can be punishable by excommunication.
The current Code of Canon Law was issued by Pope John Paul II in 1983. Canon law also includes other laws issued by the Pope, a bishop for his diocese, and certain other groupings of bishops.
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The role of the Pope
Canon law is a set of ordinances and regulations made by ecclesiastical authorities for the governance of a Christian organisation or church and its members. The Pope, as the supreme legislator and pontiff, is responsible for issuing canon law. He possesses the totality of legislative, executive, and judicial power.
The Pope has the authority to amend the text of the codes of canon law. For instance, Pope Pius X ordered the creation of the first Code of Canon Law, which was completed under Benedict XV and promulgated on 27 May 1917. This was replaced by a new Code of Canon Law issued by Pope John Paul II in 1983.
The Code of Canon Law covers various topics, including ecclesiastical laws, the role of church offices, the obligations of Catholic practitioners, and the organisation of ecclesiastical organisations. It establishes the rules and regulations of Catholic marriage and defines which offences can be punishable by excommunication from the Catholic Church.
Canon law is distinct from secular law, although it has borrowed from various legal systems over the centuries. It is not limited to any one legal system and is subordinate to the teaching and sanctifying functions of the Church. The supreme law of the Church is the salvation of souls, and this guiding principle must be applied to the interpretation and implementation of all canon law.
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The Council of Trent
The council's legislation also reformed the internal life and discipline of the church. For example, it required that every diocese provide for the proper education of its future clergy in Catholic seminaries, and that the clergy, especially bishops, devote more attention to preaching. Financial abuses were addressed, and strict rules were established requiring the residency of bishops in their dioceses. The council also established specific prescriptions about the form of the mass and liturgical music.
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Canon law's function
Canon law is a set of ordinances and regulations made by ecclesiastical authorities for the governance of a Christian organisation or church and its members. It is sometimes referred to as the "ius codicis" ("law of the code") or the "ius novum" ("new law") in comparison to all law before it. The term "canon law" (ius canonicum) was only regularly used from the 12th century onwards. The canon law of the Catholic Church 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. Canon law is articulated in the legal code for the Latin Church and a code for the Eastern Catholic Churches.
The function of canon law in liturgy, preaching, and social activities involves the development and maintenance of institutions that are considered most serviceable for the personal life and faith of members of the church and for their vocation in the world. This function is concerned with a continual adaptation of canon law to the circumstances of the time as well as to personal needs. Canon law also had an essential role in the transmission of Greek and Roman jurisprudence and in the reception of Justinian law (Roman law as codified under the Byzantine emperor Justinian in the 6th century) in Europe during the Middle Ages.
Canon law has influenced secular law and jurisprudence in lands influenced by Protestantism, for example, marriage law and the law of obligations. International law owes its origin 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.
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Canon law's sources
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 term 'canon law' (ius canonicum) was only regularly used from the 12th century onwards. The term ius ecclesiasticum, by contrast, referred to the secular law that dealt with the relationship between the state and the Catholic Church.
The canon law of the Catholic Church has all the ordinary elements of a mature legal system: laws, courts, lawyers, and judges. Canon law as a sacred science is called canonistics. Those who are skilled in this field are called canonists or canon lawyers.
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 history of canon law can also be divided into three epochs: ancient, new, and recent law (or, alternatively, ancient law, the law of the Middle Ages, and modern law). The Code of Canon Law was created in 1917 and replaced in 1983.
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 way that such church law is legislated, interpreted, and at times adjudicated varies widely among these four bodies of churches.
In the early Church, the Lord and the Apostles gave instruction, and it was implemented. People were baptised and received sacraments, some people were ordained, other people were given special authority, and individuals had different roles. Rules were derived from these early facts and the Church Fathers and other leaders wrote about them, and authorities tried to enforce them. Councils were held, which became the clearest source of law for the universal Church. As the faith spread, there was a continuous and immediate need for answers to difficult questions, and so the popes responded with what were called “decretals,” individual decisions that popes often instructed local authorities to distribute and to apply in similar situations.
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Frequently asked questions
Canon Law was created by the Catholic Church.
Canon Law is the body of laws and regulations made by ecclesiastical authorities for the governance of a Christian organisation or church and its members.
The word 'Canon' comes from the Greek word 'Kanon', which in its original usage denoted a straight rod and was later used for a measuring stick.
Some examples of Canon Law include fasting during the liturgical season of Lent and religious workers requiring permission from their superiors to publish a book.
Canon Law is meant to safeguard spiritual values and protect the sacraments, as well as facilitate peace, justice, equity, and fairness among all members of the Church.
