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The canon law of the Catholic Church ("canon law" comes from
Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
') is "how the Church organizes and governs herself". It is the system of
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
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 largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
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 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 (''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 to a ...
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 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, divine laws are typicall ...
or
natural law Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacte ...
, derive formal authority in the case of universal laws from promulgation by the supreme legislator—the supreme pontiff, who possesses the totality of legislative, executive, and judicial power in his person, or by the College of Bishops acting in communion with the pope; 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 any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accorda ...
,
lawyers A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicitor, ...
, 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 for the
Latin Church , native_name_lang = la , image = San Giovanni in Laterano - Rome.jpg , imagewidth = 250px , alt = Façade of the Archbasilica of St. John in Lateran , caption = Archbasilica of Saint Joh ...
Manual of Canon Law, pg. 49 as well as a code for the Eastern Catholic Churches. This canons 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, pg. 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 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'', pg. 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 ''Corpus Juris Canonici'' ( lit. 'Body of Canon Law') 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 eff ...
'' 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 that emanates from the
legislative power A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known a ...
of the
Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
in its effort to govern its members in accordance with the
Gospel Gospel originally meant the Christian message (" the gospel"), but in the 2nd century it came to be used also for the books in which the message was set out. In this sense a gospel can be defined as a loose-knit, episodic narrative of the words a ...
of
Jesus Christ Jesus, likely from he, יֵשׁוּעַ, translit=Yēšūaʿ, label=Hebrew/Aramaic ( AD 30 or 33), also referred to as Jesus Christ or Jesus of Nazareth (among other names and titles), was a first-century Jewish preacher and religious ...
.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 The liturgical year, also called the church year, Christian year or kalendar, consists of the cycle of liturgical seasons in Christian churches that determines when feast days, including celebrations of saints, are to be observed, and which ...
of
Lent Lent ( la, Quadragesima, 'Fortieth') is a solemn religious observance in the liturgical calendar commemorating the 40 days Jesus spent fasting in the desert and enduring temptation by Satan, according to the Gospels of Matthew, Mark and Luke ...
, 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'', pg. 199 In 325, when the first ecumenical council, Nicaea I, was held, ''kanon'' started to obtain the restricted juridical denotation of a law
promulgated Promulgation is the formal proclamation or the declaration that a new statutory or administrative law is enacted after its final approval. In some jurisdictions, this additional step is necessary before the law can take effect. After a new law ...
by a synod 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 ar ...
, 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, we speak of the ''fontes essendi'' (
Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
: "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 branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
: "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 largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
has the oldest continuously functioning legal system in the West, much later than
Roman law Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Ju ...
but predating the evolution of modern European civil law traditions. What began with rules (" canons") allegedly 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 The New Testament grc, Ἡ Καινὴ Διαθήκη, transl. ; la, Novum Testamentum. (NT) is the second division of the Christian biblical canon. It discusses the teachings and person of Jesus, as well as events in first-century Chri ...
, but some elements of the
Hebrew Hebrew (; ; ) is a Northwest Semitic language of the Afroasiatic language family. Historically, it is one of the spoken languages of the Israelites and their longest-surviving descendants, the Jews and Samaritans. It was largely preserved ...
( Old Testament),
Roman Roman or Romans most often refers to: *Rome, the capital city of Italy *Ancient Rome, Roman civilization from 8th century BC to 5th century AD *Roman people, the people of ancient Rome *'' Epistle to the Romans'', shortened to ''Romans'', a lette ...
,
Visigothic The Visigoths (; la, Visigothi, Wisigothi, Vesi, Visi, Wesi, Wisi) were an early Germanic people who, along with the Ostrogoths, constituted the two major political entities of the Goths within the Roman Empire in late antiquity, or what is kno ...
, Saxon, 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, pg. 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 called the Eastern-Rite Catholic Churches, Eastern Rite Catholicism, or simply the Eastern Churches, are 23 Eastern Christian autonomous ('' sui iuris'') particular churches of t ...
, which had developed some different disciplines and practices, underwent its own process of codification, resulting in the '' Codex Canonum Ecclesiarum Orientalium'' promulgated in 1990 by
Pope John Paul II Pope John Paul II ( la, Ioannes Paulus II; it, Giovanni Paolo II; pl, Jan Paweł II; born Karol Józef Wojtyła ; 18 May 19202 April 2005) was the head of the Catholic Church and sovereign of the Vatican City State from 1978 until his ...
. 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, or Eastern Orthodoxy is regarded as the heavenly advocate of a nation, place, craft, activity, class, clan, family, or perso ...
of canonists, Dr. 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 The Decretals of Gregory IX ( la, Decretales Gregorii IX), also collectively called the , are a source of medieval Catholic canon law. In 1230, Pope Gregory IX ordered his chaplain and confessor, St. Raymond of Penyafort, a Dominican, to form ...
.'' Other saintly patrons include St. Ivo of Chartres and the Jesuit
St. Robert Bellarmine Robert Bellarmine, SJ ( it, Roberto Francesco Romolo Bellarmino; 4 October 1542 – 17 September 1621) was an Italian Jesuit and a cardinal of the Catholic Church. He was canonized a saint in 1930 and named Doctor of the Church, one of only 37 ...
.


''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 Gratian (; la, Gratianus; 18 April 359 – 25 August 383) was emperor of the Western Roman Empire from 367 to 383. The eldest son of Valentinian I, Gratian accompanied his father on several campaigns along the Rhine and Danube frontiers and w ...
(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 (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, the first canons were decreed by
bishop A bishop is an ordained clergy member who is entrusted with a position of authority and oversight in a religious institution. In Christianity, bishops are normally responsible for the governance of dioceses. The role or office of bishop is c ...
s united in " Ecumenical" 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 clergy member who is entrusted with a position of authority and oversight in a religious institution. In Christianity, bishops are normally responsible for the governance of dioceses. The role or office of bishop is c ...
of
Rome , established_title = Founded , established_date = 753 BC , founder = King Romulus (legendary) , image_map = Map of comune of Rome (metropolitan city of Capital Rome, region Lazio, Italy).svg , map_caption ...
) or "local" councils (bishops of a region or territory). Over time, these canons were supplemented with
decretal Decretals ( la, litterae decretales) are letters of a pope that formulate decisions in ecclesiastical law of the Catholic Church.McGurk. ''Dictionary of Medieval Terms''. p. 10 They are generally given in answer to consultations but are sometimes ...
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 Augustine of Hippo ( , ; la, Aurelius Augustinus Hipponensis; 13 November 354 – 28 August 430), also known as Saint Augustine, was a theologian and philosopher of Berber origin and the bishop of Hippo Regius in Numidia, Roman North Afr ...
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 original sin did not taint human nature and that humans by divine grace have free will to achieve human perfection. Pelagius ( – AD), an ascetic and philosopher from t ...
of the time. In the first millennium of the
Roman Church Holy Roman Church, Roman Church, Church of Rome or Church in Rome may refer to: * The Diocese of Rome or the Holy See * The Latin Church * Churches of Rome (buildings) In historical contexts ''Roman Church'' may also refer to: * The Catholic Chur ...
, the canons of various ecumenical and local councils were supplemented with
decretal Decretals ( la, litterae decretales) are letters of a pope that formulate decisions in ecclesiastical law of the Catholic Church.McGurk. ''Dictionary of Medieval Terms''. p. 10 They are generally given in answer to consultations but are sometimes ...
s of the
pope The pope ( la, papa, from el, πάππας, translit=pappas, 'father'), also known as supreme pontiff ( or ), Roman pontiff () or sovereign pontiff, is the bishop of Rome (or historically the patriarch of Rome), head of the worldwide Cathol ...
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 Gratian (; la, Gratianus; 18 April 359 – 25 August 383) was emperor of the Western Roman Empire from 367 to 383. The eldest son of Valentinian I, Gratian accompanied his father on several campaigns along the Rhine and Danube frontiers and w ...
to the
Council of Trent The Council of Trent ( la, Concilium Tridentinum), 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, it has been described a ...
(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 monk
Gratian Gratian (; la, Gratianus; 18 April 359 – 25 August 383) was emperor of the Western Roman Empire from 367 to 383. The eldest son of Valentinian I, Gratian accompanied his father on several campaigns along the Rhine and Danube frontiers and w ...
in the 11th century, commonly known as the ''
Decretum Gratiani The ''Decretum Gratiani'', also known as the ''Concordia discordantium canonum'' or ''Concordantia discordantium canonum'' or simply as the ''Decretum'', is a collection of canon law compiled and written in the 12th century as a legal textbook b ...
'' ("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 ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacte ...
in his transmission of the ancient doctrines of natural law to Scholasticism. 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 ( la, papa, from el, πάππας, translit=pappas, 'father'), also known as supreme pontiff ( or ), Roman pontiff () or sovereign pontiff, is the bishop of Rome (or historically the patriarch of Rome), head of the worldwide Cathol ...
Gregory IX Pope Gregory IX ( la, Gregorius IX; born Ugolino di Conti; c. 1145 or before 1170 – 22 August 1241) was head of the Catholic Church and ruler of the Papal States from 19 March 1227 until his death in 1241. He is known for issuing the '' Decre ...
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 Pope Boniface VIII ( la, Bonifatius PP. VIII; born Benedetto Caetani, c. 1230 – 11 October 1303) was the head of the Catholic Church and ruler of the Papal States from 24 December 1294 to his death in 1303. The Caetani family was of baronial ...
, the ''Clementines'' (1317) of
Clement V Pope Clement V ( la, Clemens Quintus; c. 1264 – 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 de ...
, the '' Extravagantes Joannis XXII'' and the '' Extravagantes Communes'', all of which followed the same structure as the ''Liber Extra''. All these collections, with the ''
Decretum Gratiani The ''Decretum Gratiani'', also known as the ''Concordia discordantium canonum'' or ''Concordantia discordantium canonum'' or simply as the ''Decretum'', is a collection of canon law compiled and written in the 12th century as a legal textbook b ...
'', are together referred to as the ''
Corpus Iuris Canonici The ''Corpus Juris Canonici'' ( lit. 'Body of Canon Law') 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 eff ...
''. After the completion of the ''Corpus Iuris Canonici'', subsequent papal legislation was published in periodic volumes called '' Bullaria''. 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 ( la, Gregorius IX; born Ugolino di Conti; c. 1145 or before 1170 – 22 August 1241) was head of the Catholic Church and ruler of the Papal States from 19 March 1227 until his death in 1241. He is known for issuing the '' Decre ...
, the ''Liber Sextus'' (1298) of
Boniface VIII Pope Boniface VIII ( la, Bonifatius PP. VIII; born Benedetto Caetani, c. 1230 – 11 October 1303) was the head of the Catholic Church and ruler of the Papal States from 24 December 1294 to his death in 1303. The Caetani family was of baronial ...
and the ''Clementines'' (1317), prepared for
Clement V Pope Clement V ( la, Clemens Quintus; c. 1264 – 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 de ...
but published by
John XXII Pope John XXII ( la, Ioannes PP. 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 Pope, elected by ...
. 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 to Pope Sixtus IV).


''Ius novissimum''

The third canonical period, known as the ''ius novissimum'' ("newest law"), stretches from the
Council of Trent The Council of Trent ( la, Concilium Tridentinum), 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, it has been described a ...
to the promulgation 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. Dr. Edward N. Peters argues that the ''ius novissimum'' actually started with the '' Liber Extra'' of
Gregory IX Pope Gregory IX ( la, Gregorius IX; born Ugolino di Conti; c. 1145 or before 1170 – 22 August 1241) was head of the Catholic Church and ruler of the Papal States from 19 March 1227 until his death in 1241. He is known for issuing the '' Decre ...
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 memorable pronouncement the late 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 Sig ...
issues
authentic interpretation Regarding the canon law of the Catholic Church, canonists provide and obey rules for the interpretation and acceptation of words, in order that legislation is correctly understood and the extent of its obligation is determined. Authentic interpret ...
s 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 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 Pietro Gasparri, GCTE (5 May 1852 – 18 November 1934) was a Roman Catholic cardinal, diplomat and politician in the Roman Curia and the signatory of the Lateran Pacts. He served also as Cardinal Secretary of State under Popes Benedict XV and ...
, the Commission for the Codification of Canon Law was completed under
Benedict XV Pope Benedict XV (Ecclesiastical Latin, Latin: ''Benedictus XV''; it, Benedetto XV), born Giacomo Paolo Giovanni Battista della Chiesa, name=, group= (; 21 November 185422 January 1922), was head of the Catholic Church from 1914 until his deat ...
, 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 Pope Pius X ( it, Pio 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 modernist interpretations of ...
, 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 ( la, Codex Justinianus, 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, ...
to the Napoleonic Code.


Johanno-Pauline law

In the succeeding decades, some parts of the 1917 ''Code'' were retouched, especially under Pope Pius XII. In 1959,
Pope John XXIII Pope John XXIII ( la, Ioannes XXIII; it, Giovanni 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 in June 19 ...
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 ecumenical council of the Roman Catholic Church. The council met in St. Peter's Basilica in Rome for four periods (or sessions), each lasting between 8 and ...
, 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 ( la, Ioannes Paulus II; it, Giovanni Paolo II; pl, Jan Paweł II; born Karol Józef Wojtyła ; 18 May 19202 April 2005) was the head of the Catholic Church and sovereign of the Vatican City State from 1978 until his ...
could promulgate the revised edition, which came into force on 27 November 1983, having been promulgated via the apostolic constitution ''
Sacrae Disciplinae Leges 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 laws for the Latin Church". It is the second and current comp ...
'' of 25 January 1983. Containing 1752 canons, it is the law currently binding on the
Latin Church , native_name_lang = la , image = San Giovanni in Laterano - Rome.jpg , imagewidth = 250px , alt = Façade of the Archbasilica of St. John in Lateran , caption = Archbasilica of Saint Joh ...
. 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 , native_name_lang = la , image = San Giovanni in Laterano - Rome.jpg , imagewidth = 250px , alt = Façade of the Archbasilica of St. John in Lateran , caption = Archbasilica of Saint Joh ...
. 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 branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
: "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 to a ...
es of the
Eastern Catholic 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 (''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; la, Codex Canonum Ecclesiarum Orientalium, abbreviated CCEO) is the title of the 1990 codification of the common portions of the canon law for the 23 Eastern Catholic Churches in the Catholic ...
'', 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 The Western Roman Empire comprised the western provinces of the Roman Empire at any time during which they were administered by a separate independent Imperial court; in particular, this term is used in historiography to describe the period ...
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, consisting of the elements from both the civil law (nomoi) and the
canon law Canon law (from grc, κανών, , 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 th ...
(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 Heraclius ( grc-gre, Ἡράκλειος, Hērákleios; c. 575 – 11 February 641), was Eastern Roman emperor from 610 to 641. His rise to power began in 608, when he and his father, Heraclius the Elder, the exarch of Africa, led a revolt ...
(), 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 Photios I ( el, Φώτιος, ''Phōtios''; c. 810/820 – 6 February 893), also spelled PhotiusFr. Justin Taylor, essay "Canon Law in the Age of the Fathers" (published in Jordan Hite, T.O.R., & Daniel J. Ward, O.S.B., "Readings, Cases, Materia ...
" 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 ( la, Ioannes XXIII; it, Giovanni 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 in June 19 ...
'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 called the Eastern-Rite Catholic Churches, Eastern Rite Catholicism, or simply the Eastern Churches, are 23 Eastern Christian autonomous ('' sui iuris'') particular churches of t ...
came into effect for the first time on 1 October 1991 ( Apostolic Constitution ''Sacri Canones'' of 18 October 1990). The ''
Code of Canons of the Eastern Churches The ''Code of Canons of the Eastern Churches'' (CCEC; la, Codex Canonum Ecclesiarum Orientalium, abbreviated CCEO) is the title of the 1990 codification of the common portions of the canon law for the 23 Eastern Catholic Churches in the Catholic ...
'', 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 laws for the Latin Church". It is the second and current comp ...
'' 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 In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
bear the influences of canon law. Much of the legislative style was adapted from that of
Roman Law Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Ju ...
especially the Justinianic ''
Corpus Iuris Civilis The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. It is also sometimes referred ...
''. 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'',Dr. Edward Peters
CanonLaw.info
accessed June-9-2013
the ''Code of Canons of the Eastern Churches'', and ''
Pastor Bonus ''Pastor bonus'' (Latin: "The Good Shepherd") is an apostolic constitution promulgated by Pope John Paul II on 28 June 1988. It instituted a number of reforms in the process of running the central government of the Catholic Church. The docume ...
.'' Other sources include apostolic constitutions, ''motibus propriis'', particular law, and—with the approbation of the competent legislator—
custom Custom, customary, or consuetudinary may refer to: Traditions, laws, and religion * Convention (norm), a set of agreed, stipulated or generally accepted rules, norms, standards or criteria, often taking the form of a custom * Norm (social), a r ...
. A law must be
promulgated Promulgation is the formal proclamation or the declaration that a new statutory or administrative law is enacted after its final approval. In some jurisdictions, this additional step is necessary before the law can take effect. After a new law ...
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 (also known as a deputy 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 of the state. Legislatures may be supra-national (for ex ...
, 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 Thomism is the philosophical and theological school that arose as a legacy of the work Work may refer to: * Work (human activity), intentional activity people perform to support themselves, others, or the community ** Manual labour, physica ...
legal philosophy Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal val ...
,
Thomas Aquinas Thomas Aquinas, OP (; it, Tommaso d'Aquino, lit=Thomas of Aquino; 1225 – 7 March 1274) was an Italian Dominican friar and priest who was an influential philosopher, theologian and jurist in the tradition of scholasticism; he is known wit ...
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 Thomism is the philosophical and theological school that arose as a legacy of the work Work may refer to: * Work (human activity), intentional activity people perform to support themselves, others, or the community ** Manual labour, physica ...
definition to canon law, arguing that its application would impoverish
ecclesiology In Christian theology, ecclesiology is the study of the Church (congregation), Church, the origins of Christianity, its relationship to Jesus, its role in salvation, its ecclesiastical polity, polity, its Church discipline, discipline, its escha ...
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 ecumenical council of the Roman Catholic Church. The council met in St. Peter's Basilica in Rome for four periods (or sessions), each lasting between 8 and ...
, many canonists called for a more theological, rather than philosophical, conception of canon law,Errázuriz, "Justice in the Church", pg. 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 Licentiate of Canon Law ( la, Juris Canonici Licentiatus; JCL) is the title of an advanced graduate degree with canonical effects in the Roman Catholic Church offered by pontifical universities and ecclesiastical faculties of canon law. Licentiat ...
) 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 A vicar general (previously, archdeacon) is the principal deputy of the bishop of a diocese for the exercise of administrative authority and possesses the title of local ordinary. As vicar of the bishop, the vicar general exercises the bishop's ...
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 The Roman Rota, formally the Apostolic Tribunal of the Roman Rota ( la, Tribunal Apostolicum Rotae Romanae), and anciently the Apostolic Court of Audience, is the highest appellate tribunal of the Catholic Church, with respect to both Latin-r ...
'', 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, Dr. Edward N., translator, ''The 1917 or Pio-Benedictine Code of Canon Law: in English Translation with Extensive Scholarly Apparatus'' (Ignatius Press, 2001) * Peters, Dr. Edward N., JD, JCD, Ref. Sig. Ap.,
CanonLaw.info
' *Rommen, Heinrich A. ''The
Natural Law Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacte ...
: A Study in Legal and Social History and Philosophy'' (St Louis: B. Herder Book Co., 1947
959 Year 959 ( CMLIX) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * April - May – The Byzantines refuse to pay the yearly tribute. A Hungari ...
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 It—From 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 The Canon Law Society of America or CLSA is a professional association dedicated to the promotion of both the study and the application of canon law in the Catholic Church. The Society's membership includes over fifteen hundred men and women who ...
, Washington, DC 20064.


External links


''Sacrea Disciplinae Leges''

Norms of current canon law

Canon Law Wiki

Canon Law Faculties and Institutes
Pontificia Università Gregoriana Facoltà di Diritto Canonico


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''Pseudo-Isidore: An Edition-in-Progress of the False Decretals''
(Friedbourg edition)
''Corpus Iuris Canonici'' (1582)Code de 1917


Catholic canon law societies


Canadian Canon Law Society

Canon Law India

Canon Law Society of America

Canon Law Society of Australia and New Zealand

Canon Law Society of Great Britain & Ireland

Canon Law Society of the Philippines

Midwest Canon Law Society (the United States)

Sociedade Brasileira de Canonistas
{{DEFAULTSORT:Canon Law (Catholic Church)