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 three 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 .
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. 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.
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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.
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.
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, [ citation needed ] rules ("canons") adopted by the Apostles at the Council of Jerusalem in the first century has 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.much later than Roman law but predating the evolution of modern European civil law traditions. What began with
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 canon law is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal codeprinciples of legal interpretation, and coercive penalties, though it lacks civilly-binding force in most secular jurisdictions. One example where it did not previously apply 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 Vatican disputed secular authority over priests' criminal offenses, and this in turn contributed to the English Reformation. 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 structure that the fully developed Roman Law provides is a contribution to the Canon Law.The academic degrees in 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 the legislative style was adapted from the Roman Law 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 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. Edson Luiz Sampel, a Brazilian expert in canon law, says that canon law is contained in the genesis of various institutes of civil law, such as the law in continental Europe and Latin American countries. Sampel explains that canon law has significant influence in contemporary society.
Canonical jurisprudential theory generally follows the principles of Aristotelian-Thomistic legal philosophy.While the term "law" is never explicitly defined in the Code, 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 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 almost exclusively for the Latin Church, with extremely limited application to the Eastern Churches.After the Second Vatican Council, (1962 - 1965), another edition was published specifically for the Roman Rite in 1983. Most recently, 1990, the Vatican produced the Code of Canons of the Eastern Churches which became the 1st 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 last edition was published in 2016.
Law is the set of rules and principles (laws) by which a society is governed, through enforcement by governmental authorities. Law is also the field that concerns the creation and administration of laws, and includes any and all legal systems.
A parish is a territorial entity in many Christian denominations, constituting a division within a diocese. A parish is under the pastoral care and clerical jurisdiction of a priest, often termed a parish priest, who might be assisted by one or more curates, and who operates from a parish church. Historically, a parish often covered the same geographical area as a manor. Its association with the parish church remains paramount.
Full communion is a communion or relationship of full understanding 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 Bahá'í 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 and in some historical cases referred to pejoratively as Uniates, are twenty-three Eastern Christian sui iuris (autonomous) particular churches of the Catholic Church, in full communion with the pope in Rome. They are united with one another and with the Latin or Roman Church. In particular, they recognize the central role of the Bishop of Rome within the College of Bishops and his infallibility when speaking ex cathedra. The majority of the Eastern Catholic Churches are groups that, at different points in the past, used to belong to the Eastern Orthodox Church, the Oriental Orthodox churches, and the historic Church of the East, but have returned to communion with the Bishop of Rome due to extenuating political and cultural circumstances influencing the churches' relations. As such the five liturgical traditions of the twenty-three Eastern Catholic Churches, including the Alexandrian Rite, the Armenian Rite, the Byzantine Rite, the East Syriac Rite, and the West Syriac Rite, are shared with other Eastern Christian churches. Consequently, the Catholic Church consists of six liturgical rites; including the aforementioned five liturgical traditions of the Eastern Catholic Churches along with the Latin liturgical rites of the Latin Church.
In Christian churches with episcopal polity, the rank of metropolitan bishop, or simply metropolitan, pertains to the diocesan bishop or archbishop of a metropolis.
Ecclesiastical Latin, also called Church Latin, Liturgical Latin or Italian Latin, is a form of Latin initially developed to discuss Christian thought and later used as a lingua franca by the Medieval and Early Modern upper class of Europe. It includes words from Vulgar Latin and Classical Latin re-purposed with Christian meaning. It is less stylized and rigid in form than Classical Latin, sharing vocabulary, forms, and syntax, while at the same time incorporating informal elements which had always been with the language but which were excluded by the literary authors of classical Latin.
Infant communion, also known as paedocommunion, refers to the practice of giving the Eucharist, often in the form of consecrated wine mingled with consecrated bread, to young children. This practice is standard in the Eastern Orthodox Church and the Eastern Catholic Churches; here, communion is given at the Divine Liturgy to all baptized and chrismated church members regardless of age. Infant communion is less common in most other Christian denominations, including the Latin Rite of the Catholic Church.
The Code of Canons of the Eastern Churches is the title of the 1990 codification of the common portions of the Canon Law for the 23 Eastern Catholic churches in the Catholic Church. It is divided into 30 titles and has a total of 1546 canons. The western Latin Church is governed by its own particular code of canons, the 1983 Codex Iuris Canonici.
The canon law of the Catholic Church is the system of laws and 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 Oriental 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. Before that time, those outside of the Catholic Church were categorised as heretics or schismatics.
The Eastern canonical reforms of Pope Pius XII were the several reforms of Oriental canon law and the Codex Iuris Canonici Orientalis, applying mainly to the Oriental Churches united with the Latin Church in communion with the Roman Pontiff. The Holy See's policy in this area had always two objectives, the pastoral care of approximately ten million Christians united with Rome and the creation of positive ecumenical signals to the two-hundred and fifty million Orthodox Christians outside the Church of Rome.
Catholic–Orthodox ecclesiastical differences are differences between the organizational structure and governance of the Eastern Orthodox Church and that of the Catholic 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 centred 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 depends on the particular church the bishop belongs to. Thus "particular church" refers to an institution, and "liturgical rite" to its practices.
The following outline is provided as an overview of and topical guide to the Catholic Church:
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 Catholic Church canon law contained within the 1983 Code of Canon Law, which defines the licit administration and reception of certain sacraments of the Catholic Church in normative and in particular exceptional circumstances, known in canonical theory as communicatio in sacris.
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 Oriental 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 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
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