canon law of the Catholic Church
   HOME

TheInfoList



OR:

The canon law of the Catholic Church () is "how the Church organizes and governs herself". It is the system of
religious law Religious law includes ethical and moral codes taught by religious traditions. Examples of religiously derived legal codes include Christian canon law (applicable within a wider theological conception in the church, but in modern times distin ...
s and ecclesiastical legal principles made and enforced by the hierarchical authorities of the
Catholic Church The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwid ...
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 Western may refer to: Places *Western, Nebraska, a village in the US *Western, New York, a town in the US *Western Creek, Tasmania, a locality in Australia *Western Junction, Tasmania, a locality in Australia *Western world, countries that id ...
legal system and is the oldest continuously functioning
legal system A legal system is a set of legal norms and institutions and processes by which those norms are applied, often within a particular jurisdiction or community. It may also be referred to as a legal order. The comparative study of legal systems is th ...
in the West, while the unique traditions of Eastern Catholic canon law govern the 23
Eastern Catholic The Eastern Catholic Churches or Oriental Catholic Churches, also known as the Eastern-Rite Catholic Churches, Eastern Rite Catholicism, or simply the Eastern Churches, are 23 Eastern Christian autonomous ('' sui iuris'') particular churches of ...
particular church In metaphysics, particulars or individuals are usually contrasted with ''universals''. Universals concern features that can be exemplified by various different particulars. Particulars are often seen as concrete, spatiotemporal entities as opposed ...
es '. Positive ecclesiastical laws, based directly or indirectly upon immutable
divine law Divine law is any body of law that is perceived as deriving from a Transcendence (religion), transcendent source, such as the will of God or godsin contrast to man-made law or to secular law. According to Angelos Chaniotis and Rudolph F. Peters, di ...
or
natural law Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts ...
, derive formal authority in the case of universal laws from
promulgation Promulgation is the formal proclamation or the declaration that a new statute, statutory or administrative law is enacted after its final Enactment of a bill, approval. In some jurisdiction (area), jurisdictions, this additional step is necessary ...
by the supreme legislator—the
supreme pontiff The pope is the bishop of Rome and the visible head of the worldwide Catholic Church. He is also known as the supreme pontiff, Roman pontiff, or sovereign pontiff. From the 8th century until 1870, the pope was the sovereign or head of sta ...
, 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. In contrast, particular laws derive formal authority from promulgation by a legislator inferior to the supreme legislator, whether an ordinary or a delegated legislator. The actual subject material of the canons is not just doctrinal or moral in nature, but all-encompassing of the human condition. The canon law of the Catholic Church has all the ordinary elements of a mature legal system: laws,
courts A court is an institution, often a government entity, with the authority to adjudicate legal disputes between parties and administer justice in civil, criminal, and administrative matters in accordance with the rule of law. Courts gene ...
, lawyers, judges. Edward N. Peters
"A Catechist's Introduction to Canon Law"
, CanonLaw.info, accessed June-11-2013
The canon law of the Catholic Church is articulated in the
legal code A code of law, also called a law code or legal code, is a systematic collection of statutes. It is a type of legislation that purports to exhaustively cover a complete system of laws or a particular area of law as it existed at the time the co ...
for the
Latin Church The Latin Church () is the largest autonomous () particular church within the Catholic Church, whose members constitute the vast majority of the 1.3 billion Catholics. The Latin Church is one of 24 Catholic particular churches and liturgical ...
Manual of Canon Law, p. 49 as well as a
code In communications and information processing, code is a system of rules to convert information—such as a letter, word, sound, image, or gesture—into another form, sometimes shortened or secret, for communication through a communicati ...
for the Eastern Catholic Churches. This canon law has principles of legal interpretation, and coercive penalties. It lacks civilly-binding force in most secular jurisdictions. Those who are versed and skilled in canon law, and professors of canon law, are called canonistsVere & Trueman, ''Surprised by Canon Law'' olume 1 2004, p. 3 (or colloquially, canon lawyers). Canon law as a sacred science is called canonistics. The jurisprudence of canon law is the complex of legal principles and traditions within which canon law operates, while the
philosophy, theology, and fundamental theory of Catholic canon law 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 na ...
are the areas of philosophical, theological, and legal scholarship dedicated to providing a theoretical basis for canon law as a legal system and as true law.


Definitions

The term "canon law" (''ius canonicum'') was only regularly used from the twelfth century onwards.Berman, ''Law and Revolution'', p. 202. The term ''ius ecclesiasticum'', by contrast, referred to the secular law, whether imperial, royal, or feudal, that dealt with relations between the state and the Catholic Church. The term ''
corpus iuris canonici The () is a collection of significant sources of the Canon law of the Catholic Church that was applicable to the Latin Church. It was replaced by the 1917 Code of Canon Law which went into effect in 1918. The 1917 Code was later replaced by t ...
'' was used to denote canon law as legal system beginning in the thirteenth century. Other terms sometimes used synonymously with ''ius canonicum'' include ''ius sacrum'', ''ius ecclesiasticum'', ''ius divinum'', and ''ius pontificium'', as well as ''sacri canones'' (sacred canons). is the
positive law Positive laws () are human-made laws that oblige or specify an action. Positive law also describes the establishment of specific rights for an individual or group. Etymologically, the name derives from the verb ''to posit''. The concept of posit ...
that emanates from the
legislative power A legislature (, ) is a deliberative assembly with the legal authority to make laws for a political entity such as a country, nation or city on behalf of the people therein. They are often contrasted with the executive and judicial powers o ...
of the
Catholic Church The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwid ...
in its effort to govern its members in accordance with the
Gospel Gospel originally meant the Christianity, Christian message ("the gospel"), but in the second century Anno domino, AD the term (, from which the English word originated as a calque) came to be used also for the books in which the message w ...
of
Jesus Christ Jesus (AD 30 or 33), also referred to as Jesus Christ, Jesus of Nazareth, and many Names and titles of Jesus in the New Testament, other names and titles, was a 1st-century Jewish preacher and religious leader. He is the Jesus in Chris ...
.Rev. James Socias (gen. edit.), ''Our Moral Life in Christ''. (Chicago: Midwest Theological Forum, 2003), 84. Fernando della Rocca used the term "ecclesiastical-positive law" in contradistinction to ''civil''-positive law, in order to differentiate between the human legislators of church and state, all of which issue "positive law" in the normal sense. Examples of ecclesiastical positive law are fasting during the liturgical season of
Lent Lent (, 'Fortieth') is the solemn Christianity, Christian religious moveable feast#Lent, observance in the liturgical year in preparation for Easter. It echoes the 40 days Jesus spent fasting in the desert and enduring Temptation of Christ, t ...
, and religious workers (monks, nuns, etc.) requiring permission from their superiors to publish a book.


Etymology of "canon"

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.Berman, ''Law and Revolution'', p. 199 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 A synod () is a council of a Christian denomination, usually convened to decide an issue of doctrine, administration or application. The word '' synod'' comes from the Ancient Greek () ; the term is analogous with the Latin word . Originally, ...
or
ecumenical council An ecumenical council, also called general council, is a meeting of bishops and other church authorities to consider and rule on questions of Christian doctrine, administration, discipline, and other matters in which those entitled to vote are ...
, as well as that of an individual bishop.


Sources of canon law

The term source or fountain of canon law (''fons iuris canonici'') may be taken in a twofold sense: a) as the formal cause of the existence of a law, and in this sense of the ''fontes essendi'' (
Latin Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...
: "sources of being") of canon law or lawgivers; b) as the material channel through which laws are handed down and made known, and in this sense the sources are styled ''fontes cognoscendi'' (
Latin Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...
: "sources of knowing"), or depositaries, like sources of history.A Commentary on the New Code of Canon Law
by the Rev. P. Chas. Augustine O.S.B., D.D., ''Volume I: Introduction and General Rules (can. 1–86), SECOND EDITION'' (St. Louis: B. HERDER BOOK CO., 1918).


Legal history and codification

The
Catholic Church The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwid ...
has the oldest continuously functioning legal system in the West, much later than
Roman law Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law also den ...
but predating the evolution of modern European civil law traditions. What began with rules (" canons") said to have been adopted by the Apostles at the
Council of Jerusalem The Council of Jerusalem or Apostolic Council is a council described in chapter 15 of the Acts of the Apostles, held in Jerusalem . The council decided that Gentiles who converted to Christianity were not obligated to keep most of the rule ...
in the first century has developed into a highly complex legal system encapsulating not just norms of the
New Testament The New Testament (NT) is the second division of the Christian biblical canon. It discusses the teachings and person of Jesus in Christianity, Jesus, as well as events relating to Christianity in the 1st century, first-century Christianit ...
, but some elements of the
Hebrew Hebrew (; ''ʿÎbrit'') is a Northwest Semitic languages, Northwest Semitic language within the Afroasiatic languages, Afroasiatic language family. A regional dialect of the Canaanite languages, it was natively spoken by the Israelites and ...
(
Old Testament The Old Testament (OT) is the first division of the Christian biblical canon, which is based primarily upon the 24 books of the Hebrew Bible, or Tanakh, a collection of ancient religious Hebrew and occasionally Aramaic writings by the Isr ...
), Roman,
Visigothic The Visigoths (; ) were a Germanic people united under the rule of a king and living within the Roman Empire during late antiquity. The Visigoths first appeared in the Balkans, as a Roman-allied barbarian military group united under the comman ...
,
Saxon The Saxons, sometimes called the Old Saxons or Continental Saxons, were a Germanic people of early medieval "Old" Saxony () which became a Carolingian " stem duchy" in 804, in what is now northern Germany. Many of their neighbours were, like th ...
, and Celtic legal traditions. As many as 36 collections of canon law are known to have been brought into existence before 1150. The history of Latin canon law can be divided into four periods: the ''ius antiquum'', the ''ius novum'', the ''ius novissimum'' and the '' Codex Iuris Canonici''.Manual of Canon Law, p. 13, #8 In relation to the Code, history can be divided into the ''ius vetus'' (all law before the 1917 ''Code'') and the ''ius novum'' (the law of the code, or ''ius codicis''). The Eastern Catholic canon law of the
Eastern Catholic Churches The Eastern Catholic Churches or Oriental Catholic Churches, also known as the Eastern-Rite Catholic Churches, Eastern Rite Catholicism, or simply the Eastern Churches, are 23 Eastern Christian autonomous (''sui iuris'') particular churches of ...
, which had developed some different disciplines and practices, underwent its own process of codification, resulting in the ''
Code of Canons of the Eastern Churches The ''Code of Canons of the Eastern Churches'' (CCEC; , abbreviated CCEO) is the title of the 1990 work which is a codification of the common portions of the canon law for the 23 Eastern Catholic Churches in the Catholic Church. It is divided i ...
'' promulgated in 1990 by
Pope John Paul II Pope John Paul II (born Karol Józef Wojtyła; 18 May 19202 April 2005) was head of the Catholic Church and sovereign of the Vatican City State from 16 October 1978 until Death and funeral of Pope John Paul II, his death in 2005. In his you ...
. St. Raymond of Penyafort (1175–1275), a Spanish Dominican priest, is the
patron saint A patron saint, patroness saint, patron hallow or heavenly protector is a saint who in Catholicism, Anglicanism, Eastern Orthodoxy or Oriental Orthodoxy is regarded as the heavenly advocate of a nation, place, craft, activity, class, clan, fa ...
of canonists, Edward N. Peters
CanonLaw.info Home Page
, accessed June-11-2013
due to his important contributions to canon law in codifying the '' Decretales Gregorii IX''. Other saintly patrons include St. Ivo of Chartres and the
Jesuit The Society of Jesus (; abbreviation: S.J. or SJ), also known as the Jesuit Order or the Jesuits ( ; ), is a religious order (Catholic), religious order of clerics regular of pontifical right for men in the Catholic Church headquartered in Rom ...
St. Robert Bellarmine.


''Ius antiquum''

The period of canonical history known as the ''ius antiquum'' ("ancient law") extends from the foundation of the Church to the time of Gratian (mid-12th century).Wigmore, ''Panorama'', p. 951 This period can be further divided into three periods: the time of the apostles to the death of
Pope Gelasius I Pope Gelasius I was the bishop of Rome from 1 March 492 to his death on 21 November 496. Gelasius was a prolific author whose style placed him on the cusp between Late Antiquity and the Early Middle Ages.The title of his biography by Walter Ullma ...
(A.D. 496), the end of the 5th century to the spurious collection of the 9th century, and the last up to the time of Gratian (mid-12th century). In the
Early Church Early Christianity, otherwise called the Early Church or Paleo-Christianity, describes the historical era of the Christian religion up to the First Council of Nicaea in 325. Christianity spread from the Levant, across the Roman Empire, and bey ...
, the first canons were decreed by
bishop A bishop is an ordained member of the clergy who is entrusted with a position of Episcopal polity, authority and oversight in a religious institution. In Christianity, bishops are normally responsible for the governance and administration of di ...
s united in "
Ecumenical Ecumenism ( ; alternatively spelled oecumenism)also called interdenominationalism, or ecumenicalismis the concept and principle that Christians who belong to different Christian denominations should work together to develop closer relationships ...
" councils (the Emperor summoning all of the known world's bishops to attend with at least the acknowledgement of the
Bishop A bishop is an ordained member of the clergy who is entrusted with a position of Episcopal polity, authority and oversight in a religious institution. In Christianity, bishops are normally responsible for the governance and administration of di ...
of
Rome Rome (Italian language, Italian and , ) is the capital city and most populated (municipality) of Italy. It is also the administrative centre of the Lazio Regions of Italy, region and of the Metropolitan City of Rome. A special named with 2, ...
) or "local" councils (bishops of a region or territory). Over time, these canons were supplemented with
decretal Decretals () are letters of a pope that formulate decisions in canon law (Catholic Church), ecclesiastical law of the Catholic Church.McGurk. ''Dictionary of Medieval Terms''. p. 10 They are generally given in answer to consultations but are some ...
s of the Bishops of Rome, which were responses to doubts or problems according to the maxim, "''Roma locuta est, causa finita est''" ("Rome has spoken, the case is closed"). A common misconception, the Catholic Encyclopedia links this saying to St Augustine who actually said something quite different: "''jam enim de hac causa duo concilia missa sunt ad sedem apostolicam; inde etiam rescripta venerunt; causa finita est''" (which roughly translate to: "there are two councils, for now, this matter as brought to the Apostolic See, whence also letters are come to pass, the case was finished") in response to the heretical
Pelagianism Pelagianism is a Christian theological position that holds that the fall did not taint human nature and that humans by divine grace have free will to achieve human perfection. Pelagius (), an ascetic and philosopher from the British Isles, ta ...
of the time. In the first millennium of the
Latin Church The Latin Church () is the largest autonomous () particular church within the Catholic Church, whose members constitute the vast majority of the 1.3 billion Catholics. The Latin Church is one of 24 Catholic particular churches and liturgical ...
, the canons of various ecumenical and local councils were supplemented with
decretal Decretals () are letters of a pope that formulate decisions in canon law (Catholic Church), ecclesiastical law of the Catholic Church.McGurk. ''Dictionary of Medieval Terms''. p. 10 They are generally given in answer to consultations but are some ...
s of the
pope The pope is the bishop of Rome and the Head of the Church#Catholic Church, visible head of the worldwide Catholic Church. He is also known as the supreme pontiff, Roman pontiff, or sovereign pontiff. From the 8th century until 1870, the po ...
s; these were gathered together into collections.


''Ius novum''

The period of canonical history known as the ''Ius novum'' ("new law") or ''middle period'' covers the time from Gratian to the
Council of Trent The Council of Trent (), held between 1545 and 1563 in Trent (or Trento), now in northern Italy, was the 19th ecumenical council of the Catholic Church. Prompted by the Protestant Reformation at the time, it has been described as the "most ...
(mid-12th century–16th century). The spurious conciliar canons and papal decrees were gathered together into collections, both unofficial and official. In the year 1000, there was no book that had attempted to summarize the whole body of canon law, to systematize it in whole or in part. The first truly systematic collection was assembled by the
Camaldolese The Camaldolese Hermits of Mount Corona () are a Catholic Church, Catholic monastic order of pontifical right for men founded by Romuald, St. Romuald. Its name is derived from the Holy Hermitage () in Camaldoli, high in the mountains of Tuscany, ...
monk Gratian in the 11th century, commonly known as the ("Gratian's Decree") but originally called ''The Concordance of Discordant Canons'' (''Concordantia Discordantium Canonum''). Before Gratian there was no "jurisprudence of canon law" (system of legal interpretation and principles). Gratian is the founder of canonical jurisprudence, which merits him the title "Father of Canon Law". Gratian also had an enormous influence on the history of
natural law Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts ...
in his transmission of the ancient doctrines of natural law to
Scholasticism Scholasticism was a medieval European philosophical movement or methodology that was the predominant education in Europe from about 1100 to 1700. It is known for employing logically precise analyses and reconciling classical philosophy and Ca ...
. Canon law greatly increased from 1140 to 1234. After that, it slowed down, except for the laws of local councils (an area of canon law in need of scholarship), and secular laws supplemented. In 1234
Pope The pope is the bishop of Rome and the Head of the Church#Catholic Church, visible head of the worldwide Catholic Church. He is also known as the supreme pontiff, Roman pontiff, or sovereign pontiff. From the 8th century until 1870, the po ...
Gregory IX Pope Gregory IX (; born Ugolino di Conti; 1145 – 22 August 1241) was head of the Catholic Church and the ruler of the Papal States from 19 March 1227 until his death in 1241. He is known for issuing the '' Decretales'' and instituting the P ...
promulgated the first official collection of canons, called the '' Decretalia Gregorii Noni'' or ''Liber Extra''. This was followed by the ''Liber Sextus'' (1298) of Boniface VIII, the ''Clementines'' (1317) of
Clement V Pope Clement V (; – 20 April 1314), born Raymond Bertrand de Got (also occasionally spelled ''de Guoth'' and ''de Goth''), was head of the Catholic Church and ruler of the Papal States from 5 June 1305 to his death, in April 1314. He is reme ...
, the '' Extravagantes Joannis XXII'' and the '' Extravagantes Communes'', all of which followed the same structure as the ''Liber Extra''. All these collections, with the , are together referred to as the ''
Corpus Iuris Canonici The () is a collection of significant sources of the Canon law of the Catholic Church that was applicable to the Latin Church. It was replaced by the 1917 Code of Canon Law which went into effect in 1918. The 1917 Code was later replaced by t ...
''. After the completion of the ''Corpus Iuris Canonici'', subsequent
papal The pope is the bishop of Rome and the visible head of the worldwide Catholic Church. He is also known as the supreme pontiff, Roman pontiff, or sovereign pontiff. From the 8th century until 1870, the pope was the sovereign or head of sta ...
legislation was published in periodic volumes called ''
Bullaria ''Bullarium'' is a term commonly applied to a collection of papal bulls and other analogous documents, whether the scope of the collection be general in character, or limited to the bulls connected to any particular order, or institution, or locali ...
''. In the thirteenth century, the Roman Church began to collect and organize its canon law, which after a millennium of development had become a complex and difficult system of interpretation and cross-referencing. The official collections were the ''Liber Extra'' (1234) of Pope
Gregory IX Pope Gregory IX (; born Ugolino di Conti; 1145 – 22 August 1241) was head of the Catholic Church and the ruler of the Papal States from 19 March 1227 until his death in 1241. He is known for issuing the '' Decretales'' and instituting the P ...
, the ''Liber Sextus'' (1298) of Boniface VIII and the ''Clementines'' (1317), prepared for
Clement V Pope Clement V (; – 20 April 1314), born Raymond Bertrand de Got (also occasionally spelled ''de Guoth'' and ''de Goth''), was head of the Catholic Church and ruler of the Papal States from 5 June 1305 to his death, in April 1314. He is reme ...
but published by John XXII. These were addressed to the universities by papal letters at the beginning of each collection, and these texts became textbooks for aspiring canon lawyers. In 1582 a compilation was made of the Decretum, Extra, the Sext, the Clementines, and the '' Extravagantes'' (that is, the decretals of the popes from
Pope John XXII Pope John XXII (, , ; 1244 – 4 December 1334), born Jacques Duèze (or d'Euse), was head of the Catholic Church from 7 August 1316 to his death, in December 1334. He was the second and longest-reigning Avignon Papacy, Avignon Pope, elected by ...
to
Pope Sixtus IV Pope Sixtus IV (or Xystus IV, ; born Francesco della Rovere; (21 July 1414 – 12 August 1484) was head of the Catholic Church and ruler of the Papal States from 9 August 1471 until his death in 1484. His accomplishments as pope included ...
).


''Ius novissimum''

The third canonical period, known as the ''ius novissimum'' ("newest law"), stretches from the
Council of Trent The Council of Trent (), held between 1545 and 1563 in Trent (or Trento), now in northern Italy, was the 19th ecumenical council of the Catholic Church. Prompted by the Protestant Reformation at the time, it has been described as the "most ...
to the
promulgation Promulgation is the formal proclamation or the declaration that a new statute, statutory or administrative law is enacted after its final Enactment of a bill, approval. In some jurisdiction (area), jurisdictions, this additional step is necessary ...
of the 1917 ''Code of Canon Law'' which took legal effect in 1918. The start of the ''ius novissimum'' is not universally agreed upon, however. Edward N. Peters argues that the ''ius novissimum'' actually started with the '' Liber Extra'' of
Gregory IX Pope Gregory IX (; born Ugolino di Conti; 1145 – 22 August 1241) was head of the Catholic Church and the ruler of the Papal States from 19 March 1227 until his death in 1241. He is known for issuing the '' Decretales'' and instituting the P ...
in 1234.


''Ius codicis''

The fourth period of canonical history is that of the present day, initiated by the promulgation of the 1917 Code of Canon Law on 27 May 1917. Benedict XV, in his bull of promulgation, refers to the ''motu proprio'' ''Arduum sane'', which was issued by Pius X, March 17, 1904, and gave rise to the 1917 Code. In that pronouncement, the Pontiff stated the reasons which prompted him as the supreme Pastor of souls, who has the care of all the churches, to provide for a new codification of ecclesiastic laws, with a view "to put together with order and clearness all the laws of the Church thus far issued, removing all those that would be recognized as abrogated or obsolete, adapting others to the necessities of the times, and enacting new ones in conformity with the present needs." It is sometimes referred to as the ''ius codicis'' ("law of the code") or, in comparison with all law before it, the ''ius novum'' ("new law"). From time to time, the
Pontifical Council for Legislative Texts The Dicastery for Legislative Texts, formerly named Pontifical Council for Legislative Texts, is a dicastery of the Roman Curia. It is distinct from the highest tribunal or court in the Church, which is the Supreme Tribunal of the Apostolic Sign ...
issues authentic interpretations regarding the code. The pope occasionally amends the text of the codes.


Pio-Benedictine law

By the 19th century, the body of canonical legislation included some 10,000 norms. Many of these were difficult to reconcile with one another due to changes in circumstances and practice. The situation impelled
Pope Pius X Pope Pius X (; born Giuseppe Melchiorre Sarto; 2 June 1835 – 20 August 1914) was head of the Catholic Church from 4 August 1903 to his death in August 1914. Pius X is known for vigorously opposing Modernism in the Catholic Church, modern ...
to order the creation of the first Code of Canon Law, a single volume of clearly stated laws. Under the aegis of the Cardinal Pietro Gasparri, the Commission for the Codification of Canon Law was completed under Benedict XV, who promulgated the Code on 27 May 1917,De Meester, ''Compendium'' Tomus Primus, p. 52 effective on 29 May 1918. The work having been begun by Pius X, it was sometimes called the "Pio-Benedictine Code" but more often the 1917 Code to distinguish it from the later 1983 Code which replaced it. In its preparation, centuries of material was examined, scrutinized for authenticity by leading experts, and harmonized as much as possible with opposing canons and even other codes, from the
Code of Justinian The Code of Justinian (, or ) is one part of the ''Corpus Juris Civilis'', the codification of Roman law ordered early in the 6th century AD by Justinian I, who was Eastern Roman emperor in Constantinople. Two other units, the Digest and the I ...
to the
Napoleonic Code The Napoleonic Code (), officially the Civil Code of the French (; simply referred to as ), is the French civil code established during the French Consulate in 1804 and still in force in France, although heavily and frequently amended since i ...
.


Johanno-Pauline law

In the succeeding decades, some parts of the 1917 ''Code'' were retouched, especially under
Pope Pius XII Pope Pius XII (; born Eugenio Maria Giuseppe Giovanni Pacelli; 2 March 18769 October 1958) was the head of the Catholic Church and sovereign of the Vatican City State from 2 March 1939 until his death on 9 October 1958. He is the most recent p ...
. In 1959,
Pope John XXIII Pope John XXIII (born Angelo Giuseppe Roncalli; 25 November 18813 June 1963) was head of the Catholic Church and sovereign of the Vatican City State from 28 October 1958 until his death on 3 June 1963. He is the most recent pope to take ...
announced, together with his intention to call the
Second Vatican Council The Second Ecumenical Council of the Vatican, commonly known as the or , was the 21st and most recent ecumenical council of the Catholic Church. The council met each autumn from 1962 to 1965 in St. Peter's Basilica in Vatican City for session ...
, that the 1917 ''Code'' would be completely revised. In 1963, the commission appointed to undertake the task decided to delay the project until the council had been concluded. After Vatican II closed in 1965, it became apparent that the 1917 ''Code'' would need to be revised in light of the documents and theology of Vatican II. When work finally began, almost two decades of study and discussion on drafts of the various sections were needed before
Pope John Paul II Pope John Paul II (born Karol Józef Wojtyła; 18 May 19202 April 2005) was head of the Catholic Church and sovereign of the Vatican City State from 16 October 1978 until Death and funeral of Pope John Paul II, his death in 2005. In his you ...
could promulgate the revised edition, which came into force on 27 November 1983, having been promulgated via the
apostolic constitution An apostolic constitution () is the most solemn form of legislation issued by the Pope.New Commentary on the Code of Canon Law, pg. 57, footnote 36. By their nature, apostolic constitutions are addressed to the public. Generic constitutions use ...
'' Sacrae Disciplinae Leges'' of 25 January 1983. Containing 1752 canons, it is the law currently binding on the
Latin Church The Latin Church () is the largest autonomous () particular church within the Catholic Church, whose members constitute the vast majority of the 1.3 billion Catholics. The Latin Church is one of 24 Catholic particular churches and liturgical ...
. This codification is referred to as the 1983 ''Code of Canon Law'' to distinguish it from the 1917 ''Code''. Like the preceding codification, it applies to Roman Catholics of the
Latin Church The Latin Church () is the largest autonomous () particular church within the Catholic Church, whose members constitute the vast majority of the 1.3 billion Catholics. The Latin Church is one of 24 Catholic particular churches and liturgical ...
. As the currently-in-force law for the Latin Church, it constitutes a major part of the ''Ius vigens'' (
Latin Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...
: "active law").


Eastern Catholic canon law

Eastern Catholic canon law is the law of the 23 Catholic '' sui iuris''
particular church In metaphysics, particulars or individuals are usually contrasted with ''universals''. Universals concern features that can be exemplified by various different particulars. Particulars are often seen as concrete, spatiotemporal entities as opposed ...
es of the
Eastern Catholic The Eastern Catholic Churches or Oriental Catholic Churches, also known as the Eastern-Rite Catholic Churches, Eastern Rite Catholicism, or simply the Eastern Churches, are 23 Eastern Christian autonomous ('' sui iuris'') particular churches of ...
tradition. Oriental canon law includes both the common tradition among all Eastern Catholic Churches, now chiefly contained in the ''
Code of Canons of the Eastern Churches The ''Code of Canons of the Eastern Churches'' (CCEC; , abbreviated CCEO) is the title of the 1990 work which is a codification of the common portions of the canon law for the 23 Eastern Catholic Churches in the Catholic Church. It is divided i ...
'', as well as the particular law proper to each individual '' sui iuris'' particular Eastern Catholic Church. Originating with the canons of particular councils and the writings of the Eastern Church Fathers, oriental canon law developed in concert with Byzantine Roman laws, leading to the compilation of nomocanons. Oriental canon law is distinguished from Latin canon law, which developed along a separate line in the remnants of the
Western Roman Empire In modern historiography, the Western Roman Empire was the western provinces of the Roman Empire, collectively, during any period in which they were administered separately from the eastern provinces by a separate, independent imperial court. ...
under the direct influence of the Roman Pontiff, and is now chiefly codified in the 1983 ''Code of Canon Law''.


Nomocanons

A nomocanon (nomokanon) is a collection of
ecclesiastical law Canon law (from , , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical jurisdiction, ecclesiastical authority (church leadership) for the government of a Christian organization or church and its membe ...
, consisting of the elements from both the civil law (nomoi) and the
canon law Canon law (from , , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical jurisdiction, ecclesiastical authority (church leadership) for the government of a Christian organization or church and its membe ...
(kanones). Collections of this kind were found only in Eastern law. The Greek Church has two principal nomocanonical collections, the "Nomocanon of John Scholasticus" of the sixth century and the "Nomocanon in 14 titles", which dates from the reign of the Byzantine Emperor Heraclius (), made by fusion of the ''Collectio tripartita'' (collection of Justinian's imperial law) and "Canonic syntagma" (ecclesiastical canons). The latter was long held in esteem and passed into the Russian Church, but it was by degrees supplanted by the "Nomocanon of Photios" in 883. Photius compiled systematically the canons of the East which amount to a counterpart of Gratian in the West. His 2-part collection, a chronological collection of synodal canons and his nomocanon revision with updated civil laws, became a classical source of ancient canon law for the Greek Church.


Code of Canons of the Eastern Churches

For Eastern Catholics, two sections of Eastern Catholic canon law had already, under Pope Pius XII, been put in the form of short canons. These parts were revised as part of the application of
Pope John XXIII Pope John XXIII (born Angelo Giuseppe Roncalli; 25 November 18813 June 1963) was head of the Catholic Church and sovereign of the Vatican City State from 28 October 1958 until his death on 3 June 1963. He is the most recent pope to take ...
's decision to carry out a general revision of the Church's canon law; as a result, a distinct Code for members of the
Eastern Catholic Churches The Eastern Catholic Churches or Oriental Catholic Churches, also known as the Eastern-Rite Catholic Churches, Eastern Rite Catholicism, or simply the Eastern Churches, are 23 Eastern Christian autonomous (''sui iuris'') particular churches of ...
came into effect for the first time on 1 October 1991 (
Apostolic Constitution An apostolic constitution () is the most solemn form of legislation issued by the Pope.New Commentary on the Code of Canon Law, pg. 57, footnote 36. By their nature, apostolic constitutions are addressed to the public. Generic constitutions use ...
''Sacri Canones'' of 18 October 1990). The ''
Code of Canons of the Eastern Churches The ''Code of Canons of the Eastern Churches'' (CCEC; , abbreviated CCEO) is the title of the 1990 work which is a codification of the common portions of the canon law for the 23 Eastern Catholic Churches in the Catholic Church. It is divided i ...
'', as it is called, differs from the Latin ''
1983 Code of Canon Law The 1983 ''Code of Canon Law'' (abbreviated 1983 CIC from its Latin title ''Codex Iuris Canonici''), also called the Johanno-Pauline Code, is the "fundamental body of Ecclesiastical Law, ecclesiastical laws for the Latin Church". It is the sec ...
'' in matters where Eastern and Latin traditions diverge, such as terminology, discipline concerning hierarchical offices, and administration of the sacraments.


Jurisprudence of canon law

The institutions and practices of canon law paralleled the legal development of much of Europe, and consequently both modern civil law and
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
bear the influences of canon law. Much of the legislative style was adapted from that of
Roman Law Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law also den ...
especially the Justinianic '' Corpus Iuris Civilis''. After the 'fall' of the Roman Empire and up until the revival of Roman Law in the 11th century canon law served as the most important unifying force among the local systems in the Civil Law tradition. The Catholic Church developed the
inquisitorial system An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of an ...
in the Middle Ages. The canonists introduced into post-Roman Europe the concept of a higher law of ultimate justice, over and above the momentary law of the state. The primary canonical sources of law are the 1983 ''Code of Canon Law'',Edward Peters
CanonLaw.info
, accessed June-9-2013
the ''
Code of Canons of the Eastern Churches The ''Code of Canons of the Eastern Churches'' (CCEC; , abbreviated CCEO) is the title of the 1990 work which is a codification of the common portions of the canon law for the 23 Eastern Catholic Churches in the Catholic Church. It is divided i ...
'', and '' Pastor Bonus''. Other sources include
apostolic constitution An apostolic constitution () is the most solemn form of legislation issued by the Pope.New Commentary on the Code of Canon Law, pg. 57, footnote 36. By their nature, apostolic constitutions are addressed to the public. Generic constitutions use ...
s, ''motibus propriis'', particular law, and—with the approbation of the competent legislator— custom. A law must be promulgated for it to have legal effect. A later and contrary law obrogates an earlier law. Canonists have formulated interpretive rules of law for the magisterial (non-legislatorial) interpretation of canon laws. An authentic interpretation is an official interpretation of a law issued by the law's
legislator A legislator, or lawmaker, is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are often elected by the people, but they can be appointed, or hereditary. Legislatures may be supra-nat ...
, and has the force of law.


Philosophy, theology, and fundamental theory of Catholic canon law

Although canonical jurisprudential theory generally follows the principles of Aristotelian- Thomistic legal philosophy,
Thomas Aquinas Thomas Aquinas ( ; ; – 7 March 1274) was an Italian Dominican Order, Dominican friar and Catholic priest, priest, the foremost Scholasticism, Scholastic thinker, as well as one of the most influential philosophers and theologians in the W ...
never explicitly discusses the place of canon law in his '' Treatise on Law'' However, Aquinas himself was influenced by canon law. While many canonists apply the Thomistic definition of law (''lex'') to canon law without objection, some authors dispute the applicability of the Thomistic definition to canon law, arguing that its application would impoverish
ecclesiology In Christian theology, ecclesiology is the study of the Church, the origins of Christianity, its relationship to Jesus, its role in salvation, its polity, its discipline, its eschatology, and its leadership. In its early history, one of th ...
and corrupt the very supernatural end of canon law. In the decades following the
Second Vatican Council The Second Ecumenical Council of the Vatican, commonly known as the or , was the 21st and most recent ecumenical council of the Catholic Church. The council met each autumn from 1962 to 1965 in St. Peter's Basilica in Vatican City for session ...
, many canonists called for a more theological, rather than philosophical, conception of canon law,Errázuriz, "Justice in the Church", p. 71 acknowledging the "triple relationship between theology, philosophy, and canon law". Some authors conceive of canon law as ''essentially'' theological and the discipline of canon law as a theological subdiscipline, but Msgr. Carlos José Errázuriz contends that "in a certain sense, all postconciliar canonical scholarship has shown a theological concern in the widest sense, that is, a tendency to determine more clearly the place of the juridical in the mystery of the Church." The fundamental theory of canon law is a discipline covering the basis of canon law in the very nature of the church. Fundamental theory is a newer discipline that takes as is object "the existence and nature of what is juridical in the Church of Jesus Christ." The discipline seeks to better explain the nature of law in the church and engages in theological discussions in post- conciliar Catholicism and seeks to combat "postconciliar antijuridicism".


Canonistics, faculties, and institutes

The academic degrees in canon law are the J.C.B. (''Iuris Canonici Baccalaureatus'', Bachelor of Canon Law, normally taken as a graduate degree), J.C.L. (''Iuris Canonici Licentiatus'', Licentiate of Canon Law) and the J.C.D. (''Iuris Canonici Doctor'', Doctor of Canon Law), and those with a J.C.L. or higher are usually called "canonists" or "canon lawyers". Because of its specialized nature, advanced degrees in civil law or theology are normal prerequisites for the study of canon law. Canon law as a field is called canonistics.


Canon law and Church office

Under the 1983 ''Code of Canon Law'', all seminary students are required to take courses in canon law. Some ecclesiastical officials are required to have the doctorate ( JCD) or at least the licentiate ( JCL) in canon law in order to fulfill their functions: judicial vicars; judges; promoters of justice;1983 CIC, can. 1435 defenders of the bond; canonical advocates. In addition, vicars general and episcopal vicars are to be doctors, or at least licensed in canon law or theology. Ordinarily, bishops are to have an advanced degree (doctorate or at least licentiate) in scripture, theology, or canon law.1983 CIC, can. 378 §1 °5


See also


References


Citations


Sources

''Arranged alphabetically by author:'' * Aquinas, Thomas. "St. Thomas Aquinas: ''Summa Theologiæ'', Volume 28: Law and Political Theory (Ia2æ. 90–97); Latin text. English translation, Introduction, Notes, Appendices & Glossary yThomas Gilby O.P.", Blackfriars (Cambridge: Eyre and Spottiswoode Limited, 1966). * Berman, Harold J., ''Law and Revolution: The Formation of the Western Legal Tradition'' (Cambridge, MA: Harvard University Press, 1983). * Benedict XVI, Pope. ''Address of His Holiness Benedict XVI for the Inauguration of the Judicial Year of the Tribunal of the Roman Rota'', Clementine Hall, 21 January 2012. https://w2.vatican.va/content/benedict-xvi/en/speeches/2012/january/documents/hf_ben-xvi_spe_20120121_rota-romana.html Accessed 29 March 2016. * Caparros, Ernest. ''Exegetical Commentary on the Code of Canon Law, Volume I: Prepared under the Responsibility of the Martín de Azpilcueta Institute, Faculty of Canon Law, University of Navarre'' (Chicago, Illinois: Midwest Theological Forum, 2004) Edited by Ángel Marzoa, Jorge Miras and Rafael Rodríguez-Ocaña (English language edition General editor: Ernest Caparros; Review coordinator: Patrick Lagges). * Della Rocca, Fernando, ''Manual of Canon Law'' (Milwaukee: The Bruce Publishing Company, 1959) translated by Rev. Anselm Thatcher, O.S.B. * De Meester, A., D.J.C., ''Iuris Canonici et Iuris Canonico-Civilis Compendium: Nova Editio ad normam Codicis Iuris Canonici'' Tomus Primus (Brugis: Societatis Sancti Augustini, 1921). * Epstein, David G., Bruce A. Markell, & Lawrence Panoroff, ''Cases and Materials on Contracts: Making and Doing Deals: Third Edition'' (St. Paul, MN: West/Thomson Reuters, 2011). * Errázuriz M., Carlos José. ''Justice in the Church: A Fundamental Theory of Canon Law'' (Montreal: Wilson & Lefleur Ltée, 2009) trans. Jean Gray in collaboration with Michael Dunnigan. * Friedman, Lawrence M. ''American Law: An Introduction'' (New York: W.W. Norton & Company, 1984). * Glendon, Mary Anne, Michael Wallace Gordon, Christopher Osakwe, ''Comparative Legal Traditions: Text, Materials and Cases (American Casebook Series)'' (St. Paul, MN: West Publishing Co., 1985). * Howe, William Wirt. ''Studies in the Civil Law, and its Relation to the Law of England and America''. (Boston: Little, Brown, and Company, 1896). * Jordan, William Chester. ''The Penguin History of Europe: Europe in the High Middle Ages'' (London: Penguin Books, 2002). * McCormick, Anne O'Hare. ''Vatican Journal: 1921–1954'' (New York: Farrar, Straus and Cudahy, 1957). * Mylne, Robert Scott. ''The Canon Law'' (Published by Forgotten Books 2013; originally published 1912). PIBN 1000197046. * Orsy, Ladislas. ''Towards a Theological Conception of Canon Law'' (essay published in Jordan Hite, T.O.R., & Daniel J. Ward, O.S.B., ''Readings, Cases, Materials in Canon Law: A Textbook for Ministerial Students, Revised Edition'' (Collegeville, MN: The Liturgical Press, 1990). * Peters, Edward N., translator, ''The 1917 or Pio-Benedictine Code of Canon Law: in English Translation with Extensive Scholarly Apparatus'' (Ignatius Press, 2001) * Peters, Edward N., JD, JCD, Ref. Sig. Ap.,
CanonLaw.info
'' * Rommen, Heinrich A. ''The
Natural Law Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts ...
: A Study in Legal and Social History and Philosophy'' (St Louis: B. Herder Book Co., 1947 959 translated by Thomas R. Hanley, O.S.B. * Suzzallo, Henry, Ph.D., Sc.D., LL.D., Editor in Chief, '' The National Encyclopedia: Volume 2'' (New York, P. F. Collier & Son Corporation, 1935). * * Vere, Pete, & Michael Trueman, ''Surprised by Canon Law: 150 Questions Catholics Ask About Canon Law'' (Cincinnati, Ohio: St. Anthony Messenger Press, 2004). * Wigmore, John Henry, ''A Panorama of the World's Legal Systems'' Library Edition (Washington, D.C.: Washington Law Book Company, 1936). * Wormser, René A., ''The Story of the LAW and the Men Who Made ItFrom the Earliest Times to the Present: Revised and Updated Edition of'' The Law (New York: Simon and Schuster, 1962). * ''Black's Law Dictionary, 5th Edition'' (St. Paul, MN: West Publishing Co., 1979).
''Catechism of the Catholic Church''
at Vatican.va
1983 ''Code of Canon Law'' (1983 CIC)
at Vatican.va. Publication details: Latin-English Edition, New English Translation; Prepared under the auspices of the
Canon Law Society of America Canon or Canons may refer to: Arts and entertainment * Canon (fiction), the material accepted as officially written by an author or an ascribed author * Literary canon, an accepted body of works considered as high culture ** Western canon, th ...
, Washington, DC.


Further reading

*


External links


''Sacrea Disciplinae Leges''

Norms of current canon law

Canon Law Wiki


Texts and translations of post-1917 canonical codifications

With referenced concordances
''Codex Iuris Canonici'' (1983)

''Code of Canon Law'' (1983)

''Code of Canon Law'' (1983)

''Codex canonum ecclesiarum orientalium'' (1990)

''Code of canons of Oriental Churchs'' (1990)

''Codex Iuris Canonici'' (1917)
Without concordances




Historical canon law texts


The Medieval Canon Law Virtual Library


(Friedbourg edition)
''Corpus Iuris Canonici'' (1582)

Code de 1917
{{DEFAULTSORT:Canon Law (Catholic Church) Investiture Controversy