Canon law (from Ancient Greek : κανών, kanon, a 'straight measuring rod, ruler') 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. It is 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 all three traditions, a canon was originally a rule adopted by a church council; these canons formed the foundation of canon law.
Greek kanon / Ancient Greek : κανών, Arabic qaanoon / قانون, Hebrew kaneh / קָנֶה, 'straight'; a rule, code, standard, or measure; the root meaning in all these languages is 'reed'; see also the Romance-language ancestors of the English word cane .[ citation needed ]
In the fourth century, the First Council of Nicaea (325) calls canons the disciplinary measures of the church: the term canon, κανὠν, means in Greek, a rule. There is a very early distinction between the rules enacted by the church and the legislative measures taken by the state called leges, Latin for laws.
The Apostolic Canonsor Ecclesiastical Canons of the Same Holy Apostles is a collection of ancient ecclesiastical decrees (eighty-five in the Eastern, fifty in the Western Church) concerning the government and discipline of the Early Christian Church, incorporated with the Apostolic Constitutions which are part of the Ante-Nicene Fathers.
|Part of a series on the|
| Canon law of the|
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.It was the first modern Western legal system and is the oldest continuously functioning legal system in the West.
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 extending beyond what is taken as revealed truth.
The Catholic Church also includes the main five rites (groups) of churches which are in full union with the Holy See and the Latin Church:
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 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. What some might describe as "canons" adopted by the Apostles at the Council of Jerusalem in the first century would later be developed into a highly complex legal system encapsulating not just norms of the New Testament, but some elements of the Hebrew (Old Testament), Roman, Visigothic, Saxon, and Celtic legal 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 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.
Roman Catholic canon law is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code, [ citation needed ] In English Law, the use of this mechanism, which by that point was a legal fiction used for first offenders, was abolished by the Criminal Law Act 1827.principles of legal interpretation, and coercive penalties, though it lacks civilly-binding force in most secular jurisdictions. One example where conflict between secular and canon law occurred was in the English legal system, as well as 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. The benefit of clergy was systematically removed from English legal systems over the next 200 years, although it still occurred in South Carolina in 1827.
The academic degrees in Catholic canon law are the J.C.B. (Juris Canonici Baccalaureatus, Bachelor of Canon Law, normally taken as a graduate degree), J.C.L. (Juris Canonici Licentiatus, Licentiate of Canon Law) and the J.C.D. (Juris Canonici Doctor, Doctor of Canon Law). Because of its specialized nature, advanced degrees in civil law or theology are normal prerequisites for the study of canon law.
Much of Catholic canon law's legislative style was adapted from the Roman Code of Justinian. As a result, Roman ecclesiastical courts tend to follow the Roman Law style of continental Europe with some variation, featuring collegiate panels of judges and an investigative form of proceeding, called "inquisitorial", from the Latin "inquirere", to enquire. This is in contrast to the adversarial form of proceeding found in the common law system of English and U.S. law, which features such things as juries and single judges.
The institutions and practices of Catholic canon law paralleled the legal development of much of Europe, and consequently, both modern civil law and common law bear the influences of canon law. As Edson Luiz Sampel, a Brazilian expert in Catholic canon law, says, canon law is contained in the genesis of various institutes of civil law, such as the law in continental Europe and Latin American countries. Indirectly, canon law has significant influence in contemporary society.
Catholic Canonical jurisprudential theory generally follows the principles of Aristotelian-Thomistic legal philosophy.While the term "law" is never explicitly defined in the Catholic Code of Canon Law, the Catechism of the Catholic Church cites Aquinas in defining law as "an ordinance of reason for the common good, promulgated by the one who is in charge of the community" and reformulates it as "a rule of conduct enacted by competent authority for the sake of the common good".
The law of the Eastern-rite Churches in full communion with the Roman papacy was in much the same state as that of the Latin or Western 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 however, specifically in the Eastern Orthodox Christian churches, was in regards to divorce. Divorce started to slowly be allowed in specific instances such as adultery being committed, abuse, abandonment, impotence, and barrenness being the primary justifications for divorce. Eventually, the church began to allow remarriage to occur (for both spouses) post-divorce.In 1929 Pius XI informed the Eastern Churches of his intention to work out a Code for the whole of the Eastern Church. The publication of these Codes for the Eastern Churches regarding the law of persons was made between 1949 through 1958 but finalized nearly 30 years later.
The first Code of Canon Law (1917) was exclusively for the Latin Church, with application to the Eastern Churches only "in cases which pertain to their very nature".After the Second Vatican Council (1962 - 1965), the Vatican produced the Code of Canons of the Eastern Churches which became the first code of Eastern Catholic Canon Law.
The Eastern Orthodox Church, principally through the work of 18th-century Athonite monastic scholar Nicodemus the Hagiorite, has compiled canons and commentaries upon them in a work known as the Pēdálion (Greek : Πηδάλιον, 'Rudder'), so named because it is meant to "steer" the church in her discipline. The dogmatic determinations of the Councils are to be applied rigorously since they are considered to be essential for the church's unity and the faithful preservation of the Gospel.
In the Church of England, the ecclesiastical courts that formerly decided many matters such as disputes relating to marriage, divorce, wills, and defamation, still have jurisdiction of certain church-related matters (e.g. discipline of clergy, alteration of church property, and issues related to churchyards). Their separate status dates back to the 12th century when the Normans split them off from the mixed secular/religious county and local courts used by the Saxons. In contrast to the other courts of England, the law used in ecclesiastical matters is at least partially a civil law system, not common law, although heavily governed by parliamentary statutes. Since the Reformation, ecclesiastical courts in England have been royal courts. The teaching of canon law at the Universities of Oxford and Cambridge was abrogated by Henry VIII; thereafter practitioners in the ecclesiastical courts were trained in civil law, receiving a Doctor of Civil Law (D.C.L.) degree from Oxford, or a Doctor of Laws (LL.D.) degree from Cambridge. Such lawyers (called "doctors" and "civilians") were centered at "Doctors Commons", a few streets south of St Paul's Cathedral in London, where they monopolized probate, matrimonial, and admiralty cases until their jurisdiction was removed to the common law courts in the mid-19th century.
Other churches in the Anglican Communion around the world (e.g., the Episcopal Church in the United States and the Anglican Church of Canada) still function under their own private systems of canon law.
In 2002 a Legal Advisors Consultation meeting at Canterbury concluded:
(1) There are principles of canon law common to the churches within the Anglican Communion; (2) Their existence can be factually established; (3) Each province or church contributes through its own legal system to the principles of canon law common within the Communion; (4) these principles have strong persuasive authority and are fundamental to the self-understanding of each of the member churches; (5) These principles have a living force, and contain within themselves the possibility for further development; and (6) The existence of the principles both demonstrates and promotes unity in the Communion.
In Presbyterian and Reformed churches, canon law is known as "practice and procedure" or "church order", and includes the church's laws respecting its government, discipline, legal practice, and worship.
Roman canon law had been criticized by the Presbyterians as early as 1572 in the Admonition to Parliament. The protest centered on the standard defense that canon law could be retained so long as it did not contradict the civil law. According to Polly Ha, the Reformed church government refuted this, claiming that the bishops had been enforcing canon law for 1500 years.
The Book of Concord is the historic doctrinal statement of the Lutheran Church, consisting of ten credal documents recognized as authoritative in Lutheranism since the 16th century.However, the Book of Concord is a confessional document (stating orthodox belief) rather than a book of ecclesiastical rules or discipline, like canon law. Each Lutheran national church establishes its own system of church order and discipline, though these are referred to as "canons".
The Book of Discipline contains the laws, rules, policies, and guidelines for The United Methodist Church. Its latest edition was published in 2016.
An episcopal polity is a hierarchical form of church governance in which the chief local authorities are called bishops. It is the structure used by many of the major Christian Churches and denominations, such as the Catholic, Eastern Orthodox, Oriental Orthodox, Church of the East, Anglican, Lutheran and Methodist churches or denominations, and other churches founded independently from these lineages.
Full communion is a communion or relationship of full agreement among different Christian denominations that share certain essential principles of Christian theology. Views vary among denominations on exactly what constitutes full communion, but typically when two or more denominations are in full communion it enables services and celebrations, such as the Eucharist, to be shared among congregants or clergy of any of them with the full approval of each.
Religious law includes ethical and moral codes taught by religious traditions. Different religious systems hold sacred law in a greater or lesser degree of importance to their belief systems, with some being explicitly antinomian whereas others are nomistic or "legalistic" in nature. In particular, religions such as Judaism, Islam and the Baháʼí Faith teach the need for revealed positive law for both state and society, whereas other religions such as Christianity generally reject the idea that this is necessary or desirable and instead emphasise the eternal moral precepts of divine law over the civil, ceremonial or judicial aspects, which may have been annulled as in theologies of grace over law.
The Eastern Catholic Churches or Oriental Catholic Churches, also called the Eastern-Rite Catholic Churches, Eastern Rite Catholicism, or simply the Eastern Churches, are 23 Eastern Christian autonomous particular churches of the Catholic Church, in full communion with the Pope in Rome. Although they are distinct theologically, liturgically, and historically from the Latin Church, they are all in full communion with it and with each other. Eastern Catholics are a distinct minority within the Catholic Church; of the 1.3 billion Catholics in communion with the Pope, approximately 18 million are members of the eastern churches.
In Christian churches with episcopal polity, the rank of metropolitan bishop, or simply metropolitan, pertains to the diocesan bishop or archbishop of a metropolis.
A coadjutor bishop is a bishop in the Catholic, Anglican, and (historically) Eastern Orthodox churches whose main role is to assist the diocesan bishop in the administration of the diocese. The coadjutor is a bishop himself, although he is also appointed as vicar general. The coadjutor bishop is, however, given authority beyond that ordinarily given to the vicar general, making him co-head of the diocese in all but ceremonial precedence. In modern times, the coadjutor automatically succeeds the diocesan bishop upon the latter's retirement, removal, or death.
The canon law of the Catholic Church is "how the Church organizes and governs herself". It is the system of 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, while the unique traditions of Eastern Catholic canon law govern the 23 Eastern Catholic particular churches sui iuris.
The Catholic Church has engaged in the modern ecumenical movement especially since the Second Vatican Council (1962-1965) and the issuing of the decree Unitatis redintegratio and the declaration Dignitatis humanae. It was at the Council that the Pontifical Council for Promoting Christian Unity was created. Those outside of the Catholic Church were categorised as heretics or schismatics, but in many contexts today, in order to avoid offence, the euphemism "separated brethren" is used.
The 1983 Code of Canon Law, also called the Johanno-Pauline Code, is the "fundamental body of ecclesiastical laws for the Latin Church". It is the second and current comprehensive codification of canonical legislation for the Latin Church sui iuris of the Catholic Church. It was promulgated on 25 January 1983 by John Paul II and took legal effect on the First Sunday of Advent 1983. It replaced the 1917 Code of Canon Law which had been promulgated by Benedict XV on 27 May 1917.
"Roman Catholic" is sometimes used to differentiate members of the Catholic Church in full communion with the pope in Rome from other Christians who also self-identify as "Catholic". It is also sometimes used to differentiate adherents to the Latin Church and its use of the Roman Rite from Catholics of the Eastern Catholic Churches. It is not the official name preferred by the Holy See or bishops in full communion with the pope as a designation for their faith or institution.
This is a glossary of terms used within the Catholic Church. Some terms used in everyday English have a different meaning in the context of the Catholic faith, including brother, confession, confirmation, exemption, faithful, father, ordinary, religious, sister, venerable, and vow.
Several differences exist within the organizational structures and governance of the Catholic Church and the Eastern Orthodox Church. These are distinguished from theological differences which are differences in dogma and doctrine. A number of disagreements over matters of Ecclesiology developed slowly between the Western and Eastern wings of the State church of the Roman Empire centered upon the cities of Rome and New Rome/Constantinople respectively. The disputes were a major factor in the formal East-West Schism between Pope Leo IX and Patriarch Michael I in 1054 and are largely still unresolved between the churches today.
A particular church is an ecclesiastical community of faithful headed by a bishop, as defined by Catholic canon law and ecclesiology. A liturgical rite, a collection of liturgies descending from shared historic or regional context, depends on the particular church the bishop belongs to. Thus "particular church" refers to an institution, and "liturgical rite" to its ritual practices.
The legal history of the Catholic Church is the history of the oldest continuously functioning legal system in the West, 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 and the jus novum. Eastern canon law developed separately.
Canon 844 is a canon contained within the 1983 Code of Canon Law of the Catholic Church, which defines the licit administration and reception of certain sacraments of the Catholic Church in normative and in particular exceptional circumstances, known in Catholic canonical theory as communicatio in sacris.
In canon law, a canon designates some law promulgated by a synod, an ecumenical council, or an individual bishop.
The Eastern Catholic canon law is the law of the 23 Catholic sui juris (autonomous) particular churches of the Eastern Catholic tradition. Eastern Catholic canon law includes both the common tradition among all Eastern Catholic Churches, now chiefly contained in the Code of Canons of the Eastern Churches, as well as the particular law proper to each individual sui juris 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.
The jurisprudence of Catholic canon law is the complex of legal theory, traditions, and interpretative principles of Catholic canon law. In the Latin Church, the jurisprudence of canon law was founded by Gratian in the 1140s with his Decretum. In the Eastern Catholic canon law of the Eastern Catholic Churches, Photios holds a place similar to that of Gratian for the West.
The philosophy, theology, and fundamental theory of Catholic canon law are the fields of philosophical, theological (ecclesiological), and legal scholarship which concern the place of canon law in the nature of the Catholic Church, both as a natural and as a supernatural entity. Philosophy and theology shape the concepts and self-understanding of canon law as the law of both a human organization and as a supernatural entity, since the Catholic Church believes that Jesus Christ instituted the church by direct divine command, while the fundamental theory of canon law is a meta-discipline of the "triple relationship between theology, philosophy, and canon law".
Summa Theologica I-II, 90, 4