Rachel Evans
Canon law is the legal system of the Catholic Church, governing its external organization and the activities of Catholics. Canon law is derived from ecclesiastical positive law, which is based on the Gospel of Jesus Christ, and natural law, which is based on immutable divine law. The term 'canon' comes from the Greek word 'kanon', which means a straight rod or measuring stick and eventually came to mean a rule or norm. Canon law has a complex history, with roots in the Hebrew (Old Testament), Roman, Visigothic, Saxon, and Celtic legal traditions, as well as the New Testament. The Catholic Church has the oldest continuously functioning legal system in the West, predating modern European civil law traditions. Canon law includes all the typical elements of a mature legal system, such as laws, courts, lawyers, and judges, and forms the basis of the Catholic Canon.
| Characteristics | Values |
|---|---|
| Definition of Canon | The canon law of the Catholic Church is the system of religious laws and ecclesiastical legal principles made and enforced by the Church to regulate its external organization and government and to direct the activities of Catholics toward the mission of the Church. |
| Origin of the Word | The word "canon" comes from the Greek "kanon", which originally meant a straight rod or measuring stick, and eventually came to mean a rule or norm. |
| History | The term "canon law" was regularly used from the 12th century onwards, but its principles have existed since the Council of Jerusalem in the first century. |
| Purpose | To reflect the human and divine nature of the organism in which the Holy Spirit acts to vivify it and make it grow. |
| Scope | All-encompassing of the human condition, including doctrinal and moral elements. |
| Formal Cause | The formal cause of canon law is the existence of a law, or the "fontes essendi" ("sources of being"). |
| Material Channel | The material channel of canon law is the means through which laws are handed down and made known, or the "fontes cognoscendi" ("sources of knowing"). |
| Elements | Laws, courts, lawyers, judges, and coercive penalties. |
| Interpretation | Canon law has principles of legal interpretation, and is based on immutable divine law, natural law, and the Gospel of Jesus Christ. |
| Honorary Canons | Honorary canons within the Catholic Church include priests and honorary chaplains of certain orders, as well as heads of state of certain countries. |
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What You'll Learn
- Canon law is a complex system of legal principles and traditions
- The Catholic Church has the oldest continuously functioning legal system in the West
- Canon law is derived from immutable divine law or natural law
- The word 'canon' comes from the Greek 'kanon', meaning a straight rod or measuring stick
- Canon law has principles of legal interpretation and coercive penalties
Canon law is a complex system of legal principles and traditions
The term "canon law" (ius canonicum) came into regular use in the twelfth century, referring to the legal principles and traditions within which the law operates. The philosophy, theology, and fundamental theory of Catholic canon law provide a theoretical basis for its existence as a true legal system. Canon law is not just doctrinal or moral in nature but encompasses all aspects of the human condition. It includes the usual elements of a mature legal system, such as laws, courts, lawyers, and judges, and has its own principles of legal interpretation and coercive penalties.
The Catholic Church, as the supreme legislator, possesses the authority to promulgate universal laws. These positive ecclesiastical laws are based on divine law or natural law and govern the external organization and activities of the Church and its members. Examples of ecclesiastical positive law include fasting during Lent and monks or nuns requiring permission from their superiors to publish a book. Canon law also recognizes the place of the ecclesial societal aspect, reflecting the human and divine nature of the organism in which the Holy Spirit acts.
Canon law also establishes rights and duties for the baptized, such as participation in the mission, responsibility to adhere to the magisterium, choice of a state of life, freedom of opinion, and duty of solidarity. It provides a legal framework for associative life within the Church, allowing the faithful to contribute to its mission. Canon law is subject to adaptation and development, as seen in the Code promulgated in 1983, to align with evolving ecclesial discourses and address questions about the existence and methods of Church law.
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The Catholic Church has the oldest continuously functioning legal system in the West
The history of Latin canon law can be divided into four periods: the jus antiquum, the jus novum, the jus novissimum, and the Code of Canon Law. In relation to the Code, history can be further divided into the jus vetus (all law before the Code) and the jus novum (the law of the Code, or jus codicis). The canon law of the Eastern Catholic Churches developed some different disciplines and practices and underwent a separate process of codification, resulting in the Code of Canons of the Eastern Churches, promulgated in 1990 by Pope John Paul II.
The canon law of the Catholic Church has all the ordinary elements of a mature legal system: laws, courts, lawyers, and judges. It also has principles of legal interpretation and coercive penalties. However, it lacks civilly-binding force in most secular jurisdictions. Those who are skilled in canon law are called canonists or canon lawyers, and the study of canon law as a sacred science is called canonistics. The jurisprudence of canon law refers to the complex of legal principles and traditions within which canon law operates. The philosophy, theology, and fundamental theory of Catholic canon law provide a theoretical basis for canon law as a legal system and as true law.
The term "canon law" was only regularly used from the 12th century onwards. The term ius ecclesiasticum referred to secular law dealing with relations between the state and the Catholic Church. The most ancient collections of canonical legislation are certain early Apostolic documents, such as the "Teaching of the Twelve Apostles", which dates from the end of the first or beginning of the second century. The canon of the Holy Scriptures refers to the authoritative list of writings composed under Divine inspiration and destined for the well-being of the Church. The protocanonical books of the Old Testament correspond with those of the Bible of the Hebrews, while the deuterocanonical books are those whose Scriptural character was once contested but are now accepted in the Bible of the Catholic Church.
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Canon law is derived from immutable divine law or natural law
Canon law is a set of ordinances and regulations made by ecclesiastical authorities for the government of a Christian organization or church and its members. Canon law is derived from immutable divine law or natural law. 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.
In the Catholic Church, canon law is the system of laws and legal principles made and enforced by the church's hierarchical authorities to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the church. It was the first modern Western legal system and is the oldest continuously functioning legal system in the West. Canon law may be divided into various branches according to the points of view from which it is considered. If we consider its sources, it comprises Divine law, including natural law, based on the nature of things and on the constitution given by Jesus Christ to His Church; and human or positive law, formulated by the legislator, in conformity with the Divine law.
The ultimate source of canon law is God, whose will is manifested by the very nature of things (natural Divine law) or by revelation (positive Divine law). Both are contained in the Scriptures and in Tradition. Positive Divine law cannot contradict natural law; instead, it confirms and renders it more definite. The Church accepts and considers both as sovereign binding laws which it can interpret but cannot modify. The Church receives natural law, along with positive Divine law, from God through His inspired books.
The first Code of Canon Law (1917) was exclusively for the Latin Church, with application to the Eastern Churches only "in cases which pertain to their very nature". After the Second Vatican Council (1962-1965), the Vatican produced the Code of Canons of the Eastern Churches, which became the first code of Eastern Catholic Canon Law. Roman Catholic canon law is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code, principles of legal interpretation, and coercive penalties, though it lacks civilly-binding force in most secular jurisdictions.
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The word 'canon' comes from the Greek 'kanon', meaning a straight rod or measuring stick
The word "canon" has its roots in the Greek word "kanon," which originally referred to a straight rod or measuring stick. Over time, the term evolved to encompass a broader set of meanings, including "rule," "standard of excellence," or "norm." This evolution of the word's meaning likely stems from its use by ancient writers to signify a broader concept of a "rule" or "standard."
In the context of the Catholic Church, the term "canon" took on a specific and consecrated meaning. It signified an authoritative list or a closed number of writings composed under divine inspiration, intended for the well-being of the Church. This usage of the word "canon" is deeply rooted in the Church's legal system, which governs and directs the activities of Catholics toward the Church's mission.
The canon law of the Catholic Church, or "ius canonicum" in Latin, encompasses the religious laws and ecclesiastical legal principles made and enforced by the Church's hierarchical authorities. This legal system is the oldest continuously functioning legal system in the West. The canon law includes not only the norms of the New Testament but also incorporates elements from various other legal traditions, creating a highly complex and all-encompassing system.
The word "canon" in canon law specifically refers to a law promulgated by a synod, an ecumenical council, or an individual bishop. This usage of the word came into effect with the first ecumenical council, Nicaea I, held in 325. From the 14th century onwards, the term "canon" in a religious context was also used to refer to the Scriptures and the books of the Bible accepted by the Christian church.
The etymology of the word "canon" reveals a fascinating journey from its original Greek meaning of a physical "straight rod" to its abstract and sacred usage in religious contexts, demonstrating the evolution of language and the influence of ancient Greek on modern terminology.
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Canon law has principles of legal interpretation and coercive penalties
Canon law is a set of ordinances and regulations made by ecclesiastical authorities (church leadership) for the government of a Christian organisation or church and its members. Canon law has principles of legal interpretation and coercive penalties. It is the system of religious laws and ecclesiastical legal principles made and enforced by the Catholic Church's hierarchical authorities to regulate its external organisation and government. It directs the activities of Catholics towards the mission of the Church.
Canon law has all the ordinary elements of a mature legal system: laws, courts, lawyers, and judges. It is articulated in the legal code for the Latin Church and a code for the Eastern Catholic Churches. Canon law has principles of legal interpretation, and coercive penalties. It lacks civilly binding force in most secular jurisdictions.
The canon law of the Catholic Church is "how the Church organises and governs herself". Canon law includes internal ecclesiastical law, or operational policy, governing the Catholic Church (both the Latin Church and the Eastern Catholic Churches), the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. The way that such church law is legislated, interpreted, and sometimes adjudicated varies widely among these four bodies of churches.
The canon law of the Catholic Church has principles of legal interpretation. Interpretation may be authoritative, doctrinal, or customary. Canon law follows the maxim, ubi legislatio, ibi interpretatio, and interpretation is authoritative (and binding in itself) if given by the legislator, by their successor, or by someone to whom the legislator has committed the task of interpretation. Interpretation is called doctrinal or private if given by those skilled in canon law. "Doctrinal" here has nothing to do with theology. In civil or Roman law countries, one distinguishes "la doctrine," the opinion of jurists or law professors, from "la jurisprudence," judicial opinions or case law.
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