Canon law

"Christian law" and "Ecclesiastical law" redirect here. For other types of religious law in Christianity, seeReligious law § Christianity.

For the canon law of the Catholic Church, seeCanon law of the Catholic Church.

Canon law(fromAncient Greek:κανών,kanon,a 'straight measuring rod,ruler') is a set of ordinances and regulations made byecclesiastical authority(church leadership) for the government of a Christian organization or church and its members. It is the internalecclesiasticallaw, or operational policy, governing theCatholic Church(both theLatin Churchand theEastern Catholic Churches), theEastern OrthodoxandOriental Orthodoxchurches, and the individual national churches within theAnglican Communion.The way that such church law islegislated,interpreted and at timesadjudicatedvaries widely among these four bodies of churches. In all three traditions, acanonwas originallya rule adopted by achurch council;these canons formed the foundation of canon law.

Etymology

Main article:Canon (canon law)

Greekkanon/Ancient Greek:κανών,Arabicqaanoon/قانون,Hebrewkaneh/קָנֶה,'straight'; a rule, code, standard, or measure; the root meaning in all these languages is 'reed'; see also the Romance-language ancestors of the English wordcane.

In the fourth century, theFirst Council of Nicaea(325) calls canons the disciplinary measures of the church: the term canon, κανὠν, means in Greek, a rule. There is a very early distinction between the rules enacted by the church and the legislative measures taken by the state calledleges,Latin for laws.

Apostolic Canons

Main article:Apostolic Canons

See also:Ancient Church Orders,Apostolic Constitutions,andDidache

TheApostolic CanonsorEcclesiastical Canons of the Same Holy Apostlesis a collection of ancient ecclesiastical decrees (eighty-five in theEastern,fifty in theWesternChurch) concerning the government and discipline of theEarly ChristianChurch, incorporated with theApostolic Constitutionswhich are part of theAnte-Nicene Fathers.

Catholic Church

Main articles:Canon law of the Catholic Church,1983 Code of Canon Law,andCode of Canons of the Eastern Churches

In theCatholic Church,canon lawis the system of laws and legal principles made and enforced by thechurch's hierarchical authoritiesto 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 Westernlegal systemand is the oldest continuously functioning legal system in the West.

In theLatin Church,positive ecclesiastical laws, based directly or indirectly upon immutable divine law ornatural law,derive formal authority in the case of universal laws from the supreme legislator (i.e., theSupreme Pontiff), who possesses the totality of legislative, executive, and judicial power in his person,while particular laws derive formal authority from a legislator inferior to the supreme legislator. The actual subject material of the canons is not just doctrinal or moral in nature, but all-encompassing of the human condition,and therefore extending beyondwhat is taken as revealed truth.

TheCatholic Churchalso includes the main five rites (groups) of churches which are in full union with theHoly Seeand the Latin Church:

1. Alexandrian RiteChurches which include theCoptic Catholic Church,Eritrean Catholic Church,andEthiopian Catholic Church.
2. West Syriac Ritewhich includes theMaronite Church,Syriac Catholic Churchand theSyro-Malankara Catholic Church.
3. Armenian RiteChurch which includes theArmenian Catholic Church.
4. Byzantine RiteChurches which include theAlbanian Greek Catholic Church,Belarusian Greek Catholic Church,Bulgarian Greek Catholic Church,Greek Catholic Church of Croatia and Serbia,Greek Byzantine Catholic Church,Hungarian Greek Catholic Church,Italo-Albanian Catholic Church,Macedonian Greek Catholic Church,Melkite Greek Catholic Church,Romanian Greek Catholic Church,Russian Greek Catholic Church,Ruthenian Greek Catholic Church,Slovak Greek Catholic ChurchandUkrainian Greek Catholic Church.
5. East Syriac RiteChurches which includes theChaldean Catholic ChurchandSyro-Malabar Church.

All of these church groups are in full communion with the Supreme Pontiff and are subject to theCode of Canons of the Eastern Churches.

History, sources of law, and codifications

Image of pages from theDecretumofBurchard of Worms,an 11th-century book of canon law

Main articles:Legal history of the Catholic ChurchandPhilosophy, theology, and fundamental theory of Catholic canon law

TheCatholic Churchhas what is claimed to be the oldest continuously functioning internal legal system inWestern Europe,much later thanRoman lawbut predating the evolution of modern Europeancivil lawtraditions. What some might describe as "canons" adopted by theApostlesat theCouncil of Jerusalemin the first century would later be developed into a highly complex legal system encapsulating not just norms of theNew Testament,but some elements of theHebrew(Old Testament),Roman,Visigothic,Saxon,andCeltic legal traditions.

The history of Latin canon law can be divided into four periods: thejus antiquum,thejus novum,thejus novissimumand theCode of Canon Law.In relation to the Code, history can be divided into thejus vetus(all law before the Code) and thejus novum(the law of the Code, orjus codicis).

The canon law of the Eastern Catholic Churches, which had developed some different disciplines and practices, underwent its own process of codification, resulting in theCode of Canons of the Eastern Churchespromulgated in 1990 byPope John Paul II.

Catholic canon law as legal system

Main articles:Jurisprudence of Catholic canon lawandPhilosophy, theology, and fundamental theory of 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. One example where conflict between secular and canon law occurred was in the English legal system, as well as systems, such as the U.S., thatderived from it.Here criminals could apply for thebenefit of clergy.Being in holy orders, or fraudulently claiming to be, meant that criminals could opt to be tried byecclesiasticalrather than secular courts. The ecclesiastical courts were generally more lenient. Under theTudors,the scope of clerical benefit was steadily reduced byHenry VII,Henry VIII,andElizabeth I.The papacy disputed secular authority over priests' criminal offenses. The benefit of clergy was systematically removed from English legal systems over the next 200 years, although it still occurred in South Carolina in1827. In English Law, the use of this mechanism, which by that point was alegal fictionused for first offenders, was abolished by theCriminal Law Act 1827.

The academic degrees in Catholic canon law are the J.C.B. (Juris Canonici Baccalaureatus,Bachelor of Canon Law, normally taken as a graduate degree), J.C.L. (Juris Canonici Licentiatus,Licentiate of Canon Law) and the J.C.D. (Juris Canonici Doctor,Doctor of Canon Law). Because of its specialized nature, advanced degrees in civil law or theology are normal prerequisites for the study of canon law.

Much of Catholic canon law's legislative style was adapted from the RomanCode of Justinian.As a result, Roman ecclesiastical courts tend to follow theRoman Lawstyle of continental Europe with some variation, featuring collegiate panels of judges and an investigative form of proceeding, called "inquisitorial",from the Latin" inquirere ", to enquire. This is in contrast to theadversarialform of proceeding found in the common law system of English and U.S. law, which features such things as juries and single judges.

The institutions and practices of Catholic canon law paralleled the legal development of much of Europe, and consequently, both moderncivil lawandcommon lawbear the influences of canon law. As Edson Luiz Sampel, a Brazilian expert in Catholic canon law, says, canon law is contained in the genesis of various institutes of civil law, such as the law in continental Europe and Latin American countries. Indirectly, canon law has significant influence in contemporary society.

Catholic Canonical jurisprudential theorygenerally follows the principles ofAristotelian-Thomisticlegal philosophy.While the term "law" is never explicitly defined in the Catholic Code of Canon Law,theCatechism of the Catholic ChurchcitesAquinas in defining lawas "an ordinance of reason for the common good, promulgated by the one who is in charge of the community"and reformulates it as "a rule of conduct enacted by competent authority for the sake of the common good".

Code for the Eastern Churches

Main article:Code of Canons of the Eastern Churches

See also:Eastern Catholic canon law

The law of theEastern Catholic Churchesin full communion with the Roman papacy was in much the same state as that of the Latin Church before 1917; much more diversity in legislation existed in the various Eastern Catholic Churches. Each had its own special law, in which custom still played an important part. One major difference in Eastern Europe however, specifically in the Eastern Orthodox Christian churches, was in regards to divorce. Divorce started to slowly be allowed in specific instances such as adultery being committed, abuse, abandonment, impotence, and barrenness being the primary justifications for divorce. Eventually, the church began to allow remarriage to occur (for both spouses) post-divorce.In 1929 Pius XI informed the Eastern Churches of his intention to work out a Code for the whole of the Eastern Church. Thepublication of these Codesfor the Eastern Churches regarding the law of persons was made between 1949 through 1958but finalized nearly 30 years later.

The firstCode of Canon Law (1917)was exclusively for theLatin Church,with application to the Eastern Churches only "in cases which pertain to their very nature".After theSecond Vatican Council(1962 - 1965), the Vatican produced theCode of Canons of the Eastern Churcheswhich became the first code of Eastern Catholic Canon Law.

Eastern Orthodox Church

Main article:Canon law of the Eastern Orthodox Church

TheEastern Orthodox Church,principally through the work of 18th-centuryAthonitemonastic scholarNicodemus the Hagiorite,has compiled canons and commentaries upon them in a work known as thePēdálion(Greek:Πηδάλιον,'Rudder'), so named because it is meant to "steer" the church in her discipline. The dogmatic determinations of the Councils are to be applied rigorously since they are considered to be essential for the church's unity and the faithful preservation of the Gospel.

Anglican Communion

Main article:Canon law of the Anglican Communion

In theChurch of England,theecclesiastical courtsthat formerly decided many matters such as disputes relating to marriage, divorce, wills, and defamation, still have jurisdiction of certain church-related matters (e.g. discipline of clergy, alteration of church property, and issues related to churchyards). Their separate status dates back to the 12th century when theNormanssplit them off from the mixed secular/religious county and local courts used by the Saxons. In contrast to the other courts of England, the law used in ecclesiastical matters is at least partially acivil lawsystem, notcommon law,although heavily governed by parliamentary statutes. Since theReformation,ecclesiastical courts in England have been royal courts. The teaching of canon law at the Universities of Oxford and Cambridge was abrogated byHenry VIII;thereafter practitioners in theecclesiastical courtswere trained incivil law,receiving aDoctor of Civil Law(D.C.L.) degree fromOxford,or a Doctor of Laws (LL.D.) degree fromCambridge.Such lawyers (called "doctors" and "civilians" ) were centered at "Doctors Commons",a few streets south ofSt Paul's Cathedralin London, where they monopolizedprobate,matrimonial, andadmiraltycases until their jurisdiction was removed to thecommon lawcourts in the mid-19th century.

Other churches in theAnglican Communionaround the world (e.g., theEpiscopal Church in the United Statesand theAnglican Church of Canada) still function under their own private systems of canon law.

In 2002 a Legal Advisors Consultation meeting at Canterbury concluded:

(1) There are principles of canon law common to the churches within the Anglican Communion; (2) Their existence can be factually established; (3) Each province or church contributes through its own legal system to the principles of canon law common within the Communion; (4) these principles have strong persuasive authority and are fundamental to the self-understanding of each of the member churches; (5) These principles have a living force, and contain within themselves the possibility for further development; and (6) The existence of the principles both demonstrates and promotes unity in the Communion.

Presbyterian and Reformed churches

See also:Presbyterian polity

In Presbyterian and Reformed churches, canon law is known as "practice and procedure" or "church order", and includes the church's laws respecting its government, discipline, legal practice, and worship.

Roman canon law had been criticized by the Presbyterians as early as 1572 in theAdmonition to Parliament.The protest centered on the standard defense that canon law could be retained so long as it did not contradict the civil law. According to Polly Ha, the Reformed church government refuted this, claiming that the bishops had been enforcing canon law for 1500 years.

Lutheranism

TheBook of Concordis the historicdoctrinal statementof theLutheran Church,consisting of tencredaldocuments recognized as authoritative inLutheranismsince the 16th century.However, the Book of Concord is a confessional document (stating orthodox belief) rather than a book of ecclesiastical rules or discipline, like canon law. Each Lutheran national church establishes its own system of church order and discipline, though these are referred to as "canons".

United Methodist Church

Main article:Book of Discipline (United Methodist)

The Book of Discipline contains the laws, rules, policies, and guidelines for The United Methodist Church. Its latest edition was published in 2016.

See also

• Abrogation of Old Covenant laws
• Akribeia
• Canon law (Church of England)
• Canon law (Episcopal Church in the United States)
• Canonical Inquisition
• Collections of ancient canons
• Decretum Gratiani
• Doctor of both laws
• Economy (religion)
• Fetha Nagast
• Halakha
• Ius remonstrandi
• List of canon lawyers
• Religious law
• Rule according to higher law
• Sharia
• State religion

Further reading

• Baker, J.H.An Introduction to English Legal History,4th edn. London: Butterworths, 2002.ISBN0-406-93053-8
• Beal, John P., James A. Coriden, & Thomas J. Green.New Commentary on the Code of Canon Law.New York: Paulist Press, 2000.
• Brundage, James A.The Medieval Origins of the Legal Profession: Canonists, Civilians, and Courts.Chicago: University of Chicago Press, c2008.
• Brundage, James A.Medieval Canon Law.London/New York: Longman, 1995.
• Coriden, James A.An Introduction to Canon Law,revised edn. New York: Paulist Press, 2004.
• Coriden, James A., Thomas J. Green, & Donald E. Heintschel, eds.The Code of Canon Law: A Text and Commentary.New York: Paulist Press, 1985.
• Coughlin, John J., O.F.M.Canon Law: A Comparative Study with Anglo-American Legal Theory.Oxford: Oxford University Press, 2010.
• Della Rocca, Fernando.Manual of Canon Law.Trans. by Rev. Anselm Thatcher, O.S.B. Milwaukee: The Bruce Publishing Company, 1959.
• The Episcopal Church.Constitution and Canons,together with the Rules of Order for the Government of the Protestant Episcopal Church in the United States of America, otherwise known as The Episcopal Church.New York: Church Publishing, Inc., 2006.
• Hartmann, Wilfried & Kenneth Pennington, eds.The History of Medieval Canon Law in the Classical Period, 1140-1234: From Gratian to the Decretals of Pope Gregory IX.Washington, D.C.: The Catholic University of America Press, 2008.
• Hartmann, Wilfried & Kenneth Penningon, eds.The History of Byzantine and Eastern Canon Law to 1500.Washington, D.C.: The Catholic University of America Press, 2011.
• R. C. Mortimer.Western Canon Law.London: A. and C. Black, 1953.
• Nedungatt, George,ed. (2002).A Guide to the Eastern Code: A Commentary on the Code of Canons of the Eastern Churches.Rome: Oriental Institute Press.ISBN9788872103364.
• Robinson, O.F., T.D. Fergus, & W.M. Gordon.European Legal History,3rd edn. London: Butterworths, 2000.ISBN0-406-91360-9
• Ulanov, M. S., Badmaev, V. N., Holland, E. C. Buddhism and Kalmyk Secular Law in the Seventeenth to Nineteenth Centuries.Inner Asia.no. 19. P. 297–314.
• Wagschal, David.Law and Legality in the Greek East: The Byzantine Canonical Tradition, 381–883.Oxford: Oxford University Press, 2015.
• Witte, John, Jr. & Frank S. Alexander, eds.Christianity and Law: An Introduction.Cambridge: Cambridge University Press, 2008.
• Hovhannes, Otsnetsi (2010). Hakobyan, Vasken (ed.).The book of canon law(PDF).Burbank: Western Diocese of the Armenian Church.Archived(PDF)from the original on 2021-09-12.On Armenian Oriental canon law.

External links

Catholic

• Codex Iuris Canonici (1983),original text in Latin (the only official text)
• Code of Canon Law (1983)but with the 1998 modification of canons 750 and 1371, English translation by theCanon Law Society of AmericaArchived2020-08-18 at theWayback Machine,on the Vatican website
• Code of Canon Law (1983),English translation by the Canon Law Society of Great Britain and Ireland, assisted by the Canon Law Society of Australia and New Zealand and the Canadian Canon Law Society
• Codex canonum ecclesiarum orientalium (1990),original text in Latin
• "Code of canons of Oriental Churchs" (1990),English translation
• Codex Iuris Canonici (1917),original text in Latin

Anglican

• "Canons of the Church of England"