Canon Law of The Catholic Church - Wikipedia
Canon Law of The Catholic Church - Wikipedia
Canon Law of The Catholic Church - Wikipedia
Positive ecclesiastical laws, based directly or indirectly upon immutable divine law or natural law, 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,[6] or by the
College of Bishops acting in communion with the pope—while 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. It has all the ordinary elements of a mature legal system:[7] laws,
courts, lawyers, judges,[7] a fully articulated legal code for the Latin Church[8] as well as a code for the
Eastern Catholic Churches,[8] principles of legal interpretation,[9] and coercive penalties.[10] 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 canonists[11][12] (or colloquially, canon lawyers[11][13]). 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 legal system and as true law.
Contents
Definitions
Etymology of "canon"
Sources of canon law
Legal history and codification
Ius antiquum
Ius novum
Ius novissimum
Ius codicis
Pio-Benedictine law
Johanno-Pauline law
Eastern Catholic canon law
Nomocanons
Code of Canons of the Eastern Churches
Jurisprudence of canon law
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Definitions
The term "canon law" (ius canonicum) was only regularly used from the twelfth century onwards.[14] 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.[14] The term corpus iuris canonici was
used to denote canon law as legal system beginning in the thirteenth century.[15]
Other terms sometimes used synonymously with ius canonicum include ius sacrum, ius ecclesiasticum,
ius divinum, and ius pontificium,[16] as well as sacri canones[17] (sacred canons).
Ecclesiastical positive law is the positive law that emanates from the legislative power of the Catholic
Church in its effort to govern its members in accordance with the Gospel of Jesus Christ.[18] 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.[19]
Examples of ecclesiastical positive law are fasting during the liturgical season of Lent, and religious
workers (monks, nuns, etc.) requiring permission from their superiors to publish a book.[18][20]
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.[21] 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 or ecumenical council, as well as that of an individual bishop.[21]
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.[24] 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).[24]
The Eastern Catholic canon law of the Eastern Catholic Churches, 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.[25]
St. Raymond of Penyafort (1175–1275), a Spanish Dominican priest, is the patron saint of
canonists,[26][4] 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 St. Robert Bellarmine.
Ius antiquum
In the first millennium of the Roman Church, the canons of various ecumenical and local councils were
supplemented with decretals of the popes; these were gathered together into collections.
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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 (mid-
12th century–16th century).[24][27]
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.[29] The first truly systematic
collection was assembled by the Camaldolese monk Gratian in the 11th
century, commonly known as the Decretum Gratiani ("Gratian's Decree")
but originally called The Concordance of Discordant Canons[30]
(Concordantia Discordantium Canonum). Before Gratian there was no Gratian,
"jurisprudence of canon law" (system of legal interpretation and the "Father of Canon Law"
principles). Gratian is the founder of canonical jurisprudence, which
merits him the title "Father of Canon Law".[31] Gratian also had an
enormous influence on the history of natural law in his transmission of the ancient doctrines of natural
law to Scholasticism.[32]
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.[33] In 1234 Pope
Gregory IX 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, 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, are together
referred to as the Corpus Iuris Canonici. 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, the Liber Sextus
(1298) of Boniface VIII and the Clementines (1317), prepared for Clement V 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 to Pope Sixtus IV).
Ius novissimum
The third canonical period, known as the ius novissimum ("newest law"), stretches from the Council of
Trent[27] to the promulgation of the 1917 Code of Canon Law which took legal effect in 1918.[24] 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 in 1234.[34]
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[24] on 27 May 1917.[35]
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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 announced, together with his intention to call the Second Vatican Council, that
the 1917 Code would be completely revised.[37][38] In 1963, the commission appointed to undertake the
task decided to delay the project until the council had been concluded. After the Second Ecumenical
Council of the Vatican (Vatican II) closed in 1965, it became apparent that the 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
could promulgate the revised edition, which came into force on 27 November 1983,[39] having been
promulgated via the apostolic constitution Sacrae Disciplinae Leges of 25 January 1983. Containing
1752 canons,[40] it is the law currently binding on the Latin Church.
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.[41]
As the currently-in-force law for the Latin Church, it constitutes a major part of the Ius vigens (Latin:
"active law").
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Eastern Catholic canon law is the law of the 23 Catholic sui iuris particular churches of the Eastern
Catholic 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, 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 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 (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 (r. 610–641), 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.[42]
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'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 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, as it is called, differs from the Latin 1983 Code of Canon Law in matters where Eastern and
Latin traditions diverge, such as terminology, discipline concerning hierarchical offices, and
administration of the sacraments.
From the days of Ethelbert onwards [say, from the year 600], English law was under the
influence of so much of Roman law as had worked itself into the traditions of the Catholic
Church.[46]
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The primary canonical sources of law are the 1983 Code of Canon Law,[18][54] the Code of Canons of the
Eastern Churches,[54] and Pastor Bonus.[55] Other sources include apostolic constitutions, motibus
propriis, particular law, and—with the approbation of the competent legislator—custom. A law must be
promulgated for it to have legal effect.[56] A later and contrary law obrogates an earlier law.
Canonists have formulated interpretive rules of law for the magisterial (non-legislatorial) interpretation
of canonical laws. An authentic interpretation is an official interpretation of a law issued by the law's
legislator, and has the force of law.[57]
In the decades following the Second Vatican Council, many canonists called for a more theological,
rather than philosophical, conception of canon law,[61] acknowledging the "triple relationship between
theology, philosophy, and canon law".[62] Some authors conceive of canon law as essentially theological
and the discipline of canon law as a theological subdiscipline,[61] but Msgr. Carlos José Errázuriz
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Under the 1983 Code of Canon Law, all seminary students are required to take courses in canon law.[67]
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;[68] judges;[69] promoters of justice;[70]
defenders of the bond;[70] canonical advocates.[71] In addition, vicars general and episcopal vicars are to
be doctors, or at least licensed in canon law or theology.[72] Ordinarily, bishops are to have an advanced
degree (doctorate or at least licentiate) in scripture, theology, or canon law.[73]
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1 Catholic University of West Africa Higher Institute of Canon Law Abidjan Ivory Coast
Louvain-la- Belgium
16 Université catholique de Louvain Faculty of Canon Law
Neuve
Czech
17 Academy of Canon Law Brno
Republic
25 Pontifical Gregorian University Faculty of Canon Law Vatican City Vatican City
26 Pontifical Lateran University Faculty of Canon Law Vatican City Vatican City
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29 Pontifical Urbaniana University Faculty of Canon Law Vatican City Vatican City
31 Pontifical Oriental Institute Faculty of Oriental Canon Law Vatican City Vatican City
Related terms
Apostolic Administrator
Apostolic vicariate
Benefice
Bishop (Catholic Church)
Canon Episcopi
Canonical Acts
Canonical admonitions
Catholic Church hierarchy
Confirmation of bishops
Consanguinity
Devil's advocate
Ecclesiastical court
Epiclesis
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Oratory
Particular church
Prefecture
Prelate
Privilege (canon law)
Rector
Religious law
Roman Catholic (term)
Secular clergy
Sede vacante
Simony
Team of priests in solidum
Territorial abbot
References
Citations
1.Black's Law Dictionary, 5th Edition, pg. 771: "Ius canonicum"
2.Della Rocca, Manual of Canon Law, pg. 3
3.Berman, Harold J. Law and Revolution, pg. 86 & pg. 115
4.Dr. Edward N. Peters, CanonLaw.info Home Page (http://canonlaw.info), accessed June-11-2013
5.Raymond Wacks, Law: A Very Short Introduction, 2nd Ed. (Oxford University Press, 2015) pg. 13.
6.Canon 331 (https://www.vatican.va/archive/ENG1104/__P16.HTM), 1983 Code of Canon Law
7.Edward N. Peters, "A Catechist's Introduction to Canon Law" (http://www.canonlaw.info/a_catechisti
ntro.htm), CanonLaw.info, accessed June-11-2013
8. Manual of Canon Law, pg. 49
9. "Code of Canon Law: text - IntraText CT" (http://www.intratext.com/IXT/ENG0017/_P2.HTM).
www.intratext.com. Retrieved 2020-10-24.
10. St. Joseph Foundation newsletter, Vol. 30 No. 7 (https://stjosephcanonlaw.com/sites/default/files/ne
wsletter-preview-pdfs/christifidelis30.7.pdf), pg. 3
11. Vere & Trueman, Surprised by Canon Law [volume 1], 2004, pg. 3
12. Black's Law Dictionary, 5th Edition, pg. 187: "Canonist"
13. Berman, Law and Revolution, pg. 288
14. Berman, Law and Revolution, pg. 202.
15. Berman, Law and Revolution, pg. 253
16. Smith, Elements of Ecclesiastical Law, Vol. I (9th ed.), pg. 9 (https://archive.org/stream/elementsofe
ccles01smituoft#page/9/mode/1up). Internet Archive, accessed 28 March 2016.
17. Phillimore, Walter George Frank (1911). "Canon Law" (https://en.wikisource.org/wiki/1911_Encyclo
p%C3%A6dia_Britannica/Canon_Law). In Chisholm, Hugh (ed.). Encyclopædia Britannica. 5
(11th ed.). Cambridge University Press. p. 193.
18. Rev. James Socias (gen. edit.), Our Moral Life in Christ. (Chicago: Midwest Theological Forum,
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19. Della Rocca, Fernando, Manual of Canon Law (Milwaukee: The Bruce Publishing Company, 1959)
trans. The Rev. Anselm Thatcher, O.S.B., pg. 9.
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External links
Sacrea Disciplinae Leges (https://web.archive.org/web/20070228185158/https://www.vatican.va/hol
y_father/john_paul_ii/apost_constitutions/documents/hf_jp-ii_apc_25011983_sacrae-disciplinae-leg
es_en.html) (Document establishing the 1983 Code of Canon Law)
Norms of current canon law (http://www.iuscangreg.it/diritto_universale.php?lang=EN) (Table of
canonical norms which are currently in force)
Canon Law Wiki (http://www.ahereford.org/canonlaw) (Notes, Commentary, Discussion, Papers &
Bibliography on Canon Law)
Canon Law Faculties and Institutes (https://www.iuscangreg.it/facolta.php?lang=EN), Pontificia
Università Gregoriana Facoltà di Diritto Canonico
Without concordances
Code de 1917 (http://catho.org/9.php?d=fn) (in French) (Abrogated by 1983 Code of Canon Law)
1983 Code of Canon Law (http://www.jgray.org/codes/cic83eng_annotated.html) (English, updated
with post-promulgation legislative revisions.)
1983 Codex Iuris Canonici (http://www.jgray.org/codes/cic83lat_annotated.html) (Latin, updated with
post-promulgation legislative revisions.)
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