Canon law (Catholic Church)
Encyclopedia
The canon law
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...

of the Catholic Church, is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code and principles of legal interpretation. It lacks the necessary binding force present in most modern day legal systems. The academic degrees in 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
Licentiate of Canon Law
Licentiate of Canon Law 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...

) and the J.C.D. (Juris Canonici Doctor, Doctor of Canon Law
Doctor of Canon Law
Doctor of Canon Law is the doctoral-level terminal degree in the studies of canon law of the Roman Catholic Church.It may also be abbreviated I.C.D. or dr.iur.can. , ICDr., D.C.L., D.Cnl., D.D.C., or D.Can.L. . Doctor of both laws are J.U.D...

). Because of its specialized nature, advanced degrees in civil law or theology are normal prerequisites for the study of canon law.

Early sources

In the first millennium of the Roman Church, the canons of various ecumenical and local councils were supplemented with decretal
Decretal
Decretals is the name that is given in Canon law to those letters of the pope which formulate decisions in ecclesiastical law.They are generally given in answer to consultations, but are sometimes due to the initiative of the popes...

s of the pope
Pope
The Pope is the Bishop of Rome, a position that makes him the leader of the worldwide Catholic Church . In the Catholic Church, the Pope is regarded as the successor of Saint Peter, the Apostle...

s; these were gathered together into collections. 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
Extravagantes
The term Extravagantes is applied to the canon law of the Roman Catholic Church, to designate some papal decretals not contained in certain canonical collections which possess a special authority...

(that is, the decretals of the popes from Pope John XXII
Pope John XXII
Pope John XXII , born Jacques Duèze , was pope from 1316 to 1334. He was the second Pope of the Avignon Papacy , elected by a conclave in Lyon assembled by Philip V of France...

 to Pope Sixtus IV
Pope Sixtus IV
Pope Sixtus IV , born Francesco della Rovere, was Pope from 1471 to 1484. His accomplishments as Pope included the establishment of the Sistine Chapel; the group of artists that he brought together introduced the Early Renaissance into Rome with the first masterpiece of the city's new artistic age,...

). See Corpus Juris Canonici.

Much of the jurisprudential style was adapted from the Roman Law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...

 Code of Justinian. As a result, Roman ecclesiastical courts tend to follow the Roman Law style of continental Europe with some variation, featuring collegiate panels of judges and an investigative form of proceeding, called "inquisitorial", from the Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...

 "inquirere", to enquire. This is in contrast to the adversarial form of proceeding found in the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

 system of English and U.S. law, which features such things as juries and single judges.

Codification

In response to the request of the bishops at the First Vatican Council
First Vatican Council
The First Vatican Council was convoked by Pope Pius IX on 29 June 1868, after a period of planning and preparation that began on 6 December 1864. This twentieth ecumenical council of the Roman Catholic Church, held three centuries after the Council of Trent, opened on 8 December 1869 and adjourned...

, Pope Pius X
Pope Pius X
Pope Saint Pius X , born Giuseppe Melchiorre Sarto, was the 257th Pope of the Catholic Church, serving from 1903 to 1914. He was the first pope since Pope Pius V to be canonized. Pius X rejected modernist interpretations of Catholic doctrine, promoting traditional devotional practices and orthodox...

 ordered that work begin on reducing these diverse documents into a single code, presenting the normative portion in the form of systematic short canons shorn of the preliminary considerations ("Whereas...") and omitting those parts that had been superseded by later developments.

The code was promulgated on 27 May 1917 as the Code of Canon Law by his successor, Pope Benedict XV
Pope Benedict XV
Pope Benedict XV , born Giacomo Paolo Giovanni Battista della Chiesa, reigned as Pope from 3 September 1914 to 22 January 1922...

, who set 19 May 1918 as the date on which it came into force. For the most part, it applied only to the Latin Church except when "it treats of things that, by their nature, apply to the Oriental", such as the effects of baptism (canon 87).

In the succeeding decades, some parts of the 1917 Code were retouched, especially under Pope Pius XII
Pope Pius XII
The Venerable Pope Pius XII , born Eugenio Maria Giuseppe Giovanni Pacelli , reigned as Pope, head of the Catholic Church and sovereign of Vatican City State, from 2 March 1939 until his death in 1958....

. In 1959, Pope John XXIII
Pope John XXIII
-Papal election:Following the death of Pope Pius XII in 1958, Roncalli was elected Pope, to his great surprise. He had even arrived in the Vatican with a return train ticket to Venice. Many had considered Giovanni Battista Montini, Archbishop of Milan, a possible candidate, but, although archbishop...

 announced, together with his intention to call the Second Vatican Council
Second Vatican Council
The Second Vatican Council addressed relations between the Roman Catholic Church and the modern world. It was the twenty-first Ecumenical Council of the Catholic Church and the second to be held at St. Peter's Basilica in the Vatican. It opened under Pope John XXIII on 11 October 1962 and closed...

, that the 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. 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
Blessed Pope John Paul II , born Karol Józef Wojtyła , reigned as Pope of the Catholic Church and Sovereign of Vatican City from 16 October 1978 until his death on 2 April 2005, at of age. His was the second-longest documented pontificate, which lasted ; only Pope Pius IX ...

 could promulgate the revised edition, which came into force on 27 November 1983, having been promulgated via the apostolic constitution
Apostolic constitution
An apostolic constitution is the highest level of decree issued by the Pope. The use of the term constitution comes from Latin constitutio, which referred to any important law issued by the Roman emperor, and is retained in church documents because of the inheritance that the canon law of the...

 Sacrae Disciplinae Leges of 25 January 1983.

This edition is referred to as the 1983 Code of Canon Law
1983 Code of Canon Law
The 1983 Code of Canon Law is the codification of canonical legislation for the Latin Rite of the Catholic Church...

 to distinguish it from the 1917 Code. Like the preceding edition, it applies to Roman Catholics of the Latin Rite. For Eastern Catholics two sections of Eastern canon law had already, under Pope Pius XII
Pope Pius XII
The Venerable Pope Pius XII , born Eugenio Maria Giuseppe Giovanni Pacelli , reigned as Pope, head of the Catholic Church and sovereign of Vatican City State, from 2 March 1939 until his death in 1958....

, been put in the form of short canons. These parts were revised as part of the application of Pope John XXIII
Pope John XXIII
-Papal election:Following the death of Pope Pius XII in 1958, Roncalli was elected Pope, to his great surprise. He had even arrived in the Vatican with a return train ticket to Venice. Many had considered Giovanni Battista Montini, Archbishop of Milan, a possible candidate, but, although archbishop...

'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
Apostolic constitution
An apostolic constitution is the highest level of decree issued by the Pope. The use of the term constitution comes from Latin constitutio, which referred to any important law issued by the Roman emperor, and is retained in church documents because of the inheritance that the canon law of the...

 Sacri Canones of 18 October 1990). The Code of Canons of the Eastern Churches
Code of Canons of the Eastern Churches
The Code of Canons of the Eastern Churches is the title of the 1990 codification of the common portions of the Canon Law for the 22 of the 23 sui iuris Churches in the Catholic Church. The Roman or Latin rite Church is guided by its own particular Canons...

, as it is called, differs from the Latin 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 time to time, the Pontifical Council for Legislative Texts
Pontifical Council for Legislative Texts
The Pontifical Council for Legislative Texts is part of the Roman Curia. Its work "consists mainly in interpreting the laws of the Church". ....

 issues authentic interpretation
Authentic interpretation
An authentic interpretation is an official interpretation of a statute issued by the statute's legislator. In civil law and canon law, an authentic interpretation has the force of law.- Roman Catholic Church :...

s regarding the Code.

In 1998, Pope John Paul II
Pope John Paul II
Blessed Pope John Paul II , born Karol Józef Wojtyła , reigned as Pope of the Catholic Church and Sovereign of Vatican City from 16 October 1978 until his death on 2 April 2005, at of age. His was the second-longest documented pontificate, which lasted ; only Pope Pius IX ...

 issued the motu proprio
Motu proprio
A motu proprio is a document issued by the Pope on his own initiative and personally signed by him....

 Ad Tuendam Fidem, which amended two canons (750 and 1371) of the 1983 Code of Canon Law and two canons (598 and 1436) of the 1990 Code of Canons of the Eastern Churches, so as to add "new norms which expressly impose the obligation of upholding truths proposed in a definitive way by the Magisterium of the Church, and which also establish related canonical sanctions."

On December 15, 2009, Pope Benedict XVI
Pope Benedict XVI
Benedict XVI is the 265th and current Pope, by virtue of his office of Bishop of Rome, the Sovereign of the Vatican City State and the leader of the Catholic Church as well as the other 22 sui iuris Eastern Catholic Churches in full communion with the Holy See...

 issued the motu proprio
Motu proprio
A motu proprio is a document issued by the Pope on his own initiative and personally signed by him....

 Omnium in Mentem, which amended five canons (1008, 1009, 1086, 1117, 1124) of the 1983 Code of Canon Law clarifying that, among those in Holy Orders, only bishops and priests received the power and mission to act in the person of Christ the Head while deacons obtained the faculty to exercise the diakonias of service, Word, and charity. The amendments also removed formal defection from the Catholic faith as excusing Catholics from the canonical form of marriage.

Canon law "corpus"

The present Canon law "corpus" is made up of three major documents:
  • the Code of Canon Law for the Latin rite Catholic Church;
  • the Code of Canons of the Eastern Churches
    Code of Canons of the Eastern Churches
    The Code of Canons of the Eastern Churches is the title of the 1990 codification of the common portions of the Canon Law for the 22 of the 23 sui iuris Churches in the Catholic Church. The Roman or Latin rite Church is guided by its own particular Canons...

     for all Eastern Catholic Churches;
  • the apostolic constitution
    Apostolic constitution
    An apostolic constitution is the highest level of decree issued by the Pope. The use of the term constitution comes from Latin constitutio, which referred to any important law issued by the Roman emperor, and is retained in church documents because of the inheritance that the canon law of the...

     Pastor Bonus
    Pastor Bonus
    Pastor Bonus 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 Roman Catholic Church, as article 1 states "The Roman Curia is the complex of dicasteries and institutes which help...

     for the organization of the Roman Curia
    Roman Curia
    The Roman Curia is the administrative apparatus of the Holy See and the central governing body of the entire Catholic Church, together with the Pope...

    .

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
Licentiate of Canon Law
Licentiate of Canon Law 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...

) in canon law in order to fulfill their functions: judicial vicars; judges; promoters of justice; defenders of the bond; canonical advocates. In addition, vicars general and episcopal vicars are to be doctors, or at least licensed in canon law or theology. Ordinarily, bishops are to have an advanced degree (doctorate or at least licentiate) in scripture, theology, or canon law
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...

.

Patron saint

St. Raymond of Penyafort (1175–1275), a Spanish Dominican priest, is the Patron Saint
Patron saint
A patron saint is a saint who is regarded as the intercessor and advocate in heaven of a nation, place, craft, activity, class, clan, family, or person...

 of canonists, due to his important contributions to Canon Law. Other saintly patrons include St. Ivo of Chartres and St. Robert Bellarmine.

Related terms

  • Affinity (canon law)
    Affinity (canon law)
    In Canon law of the Catholic Church, affinity is a relationship which "arises from a valid marriage, even if not consummated, and exists between a man and the blood relatives of the woman and between the woman and the blood relatives of the man."...

  • Apostolic Administrator
    Apostolic Administrator
    An apostolic administrator in the Roman Catholic Church is a prelate appointed by the Pope to serve as the ordinary for an apostolic administration...

  • Apostolic constitution
    Apostolic constitution
    An apostolic constitution is the highest level of decree issued by the Pope. The use of the term constitution comes from Latin constitutio, which referred to any important law issued by the Roman emperor, and is retained in church documents because of the inheritance that the canon law of the...

  • Apostolic vicariate
    Apostolic vicariate
    An apostolic vicariate is a form of territorial jurisdiction of the Roman Catholic Church established in missionary regions and countries that do not have a diocese. It is essentially provisional, though it may last for a century or more...

  • Apostolicæ Sedis
    Apostolicæ Sedis
    Apostolicae Sedis moderationi was a papal bull issued by Pope Pius IX on 12 October 1869, which revised the list of censures that in canon law were imposed automatically on offenders...

  • Benefice
    Benefice
    A benefice is a reward received in exchange for services rendered and as a retainer for future services. The term is now almost obsolete.-Church of England:...

  • Bishop (Catholic Church)
    Bishop (Catholic Church)
    In the Catholic Church, a bishop is an ordained minister who holds the fullness of the sacrament of Holy Orders and is responsible for teaching the Catholic faith and ruling the Church....

  • Canon Episcopi
    Canon Episcopi
    The Canon Episcopi is an important document in the history of witchcraft. It is first attested in the Libri de synodalibus causis et disciplinis ecclesiasticis composed by Regino of Prüm around 906, but Regino considered it an older text; he, and later scholars following him, believed it to be from...

  • Catholic Church hierarchy
    Catholic Church hierarchy
    The term Hierarchy in the Catholic Church has a variety of related usages. Literally, "holy government", the term is employed in different instances. There is a Hierarchy of Truths, which refers to the levels of solemnity of the official teaching of the faith...

  • Code of Canon Law
  • Code of Canons of the Eastern Churches
    Code of Canons of the Eastern Churches
    The Code of Canons of the Eastern Churches is the title of the 1990 codification of the common portions of the Canon Law for the 22 of the 23 sui iuris Churches in the Catholic Church. The Roman or Latin rite Church is guided by its own particular Canons...

  • Confirmation of bishops
    Confirmation of bishops
    In Canon law, confirmation of a bishop is the act by which the election of a new bishop receives the assent of the proper ecclesiastical authority.-Early history:...

  • Consanguinity
    Consanguinity
    Consanguinity refers to the property of being from the same kinship as another person. In that respect, consanguinity is the quality of being descended from the same ancestor as another person...

  • Contractum trinius
    Contractum trinius
    A contractum trinius was a set of contracts devised by European bankers and merchants in the Middle Ages as a method of circumventing canon law edicts prohibiting usury...

  • Corpus Juris Canonici
  • Corpus Juris Civilis
    Corpus Juris Civilis
    The Corpus Juris Civilis is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Eastern Roman Emperor...

  • Crimen sollicitationis
    Crimen sollicitationis
    Crimen sollicitationis is the title of a 1962 document of the Holy Office codifying procedures to be followed in cases of priests or bishops of the Catholic Church accused of having used the sacrament of Penance to make sexual advances to penitents.It repeated, with additions, the contents of an...


  • Decretal
    Decretal
    Decretals is the name that is given in Canon law to those letters of the pope which formulate decisions in ecclesiastical law.They are generally given in answer to consultations, but are sometimes due to the initiative of the popes...

  • Decretum Gratiani
    Decretum Gratiani
    The Decretum Gratiani or Concordia discordantium canonum is a collection of Canon law compiled and written in the 12th century as a legal textbook by the jurist known as Gratian. It forms the first part of the collection of six legal texts, which together became known as the Corpus Juris Canonici...

  • Delegata potestas non potest delegari
    Delegata potestas non potest delegari
    In constitutional and administrative law, the principle delegata potestas non potest delegari states that ‘no delegated powers can be further delegated’. Alternatively, it can be stated delegatus non potest delegare, ‘one to whom power is delegated cannot himself further delegate that power’...

  • Devil's advocate
    Devil's advocate
    In common parlance, a devil's advocate is someone who, given a certain argument, takes a position he or she does not necessarily agree with, just for the sake of argument. In taking such position, the individual taking on the devil's advocate role seeks to engage others in an argumentative...

  • Dictatus papae
    Dictatus papae
    Dictatus papae is a compilation of 27 axiomatic statements of powers arrogated to the Pope that was included in Pope Gregory VII's register under the year 1075. Some historians argue that it was written by Gregory VII himself; others argue that it has been inserted in the register at a later...

  • Dispensation (Western Christian)
  • Ecclesiastical jurisdiction
    Ecclesiastical jurisdiction
    Ecclesiastical jurisdiction in its primary sense does not signify jurisdiction over ecclesiastics , but jurisdiction exercised by church leaders over other leaders and over the laity....

  • Ecclesiastical court
    Ecclesiastical court
    An ecclesiastical court is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages in many areas of Europe these courts had much wider powers than before the development of nation states...

  • Edictum Rothari
    Edictum Rothari
    The Edictum Rothari was the first written compilation of Lombard law, codified and promulgated 22 November 643 by King Rothari. The custom of the Lombards, according to Paul the Deacon, the Lombard historian, had been held in memory before this...

  • Epiclesis
    Epiclesis
    The epiclesis is that part of the Anaphora by which the priest invokes the Holy Spirit upon the Eucharistic bread and wine in some Christian churches.In most Eastern Christian traditions, the Epiclesis comes after the Anamnesis The epiclesis (also spelled epiklesis; from "invocation" or...

  • Eucharistic discipline
    Eucharistic discipline
    Eucharistic discipline is the term applied to the regulations and practices associated with an individual preparing for the reception of the Eucharist...

  • Latae sententiae
    Latae sententiae
    Latæ sententiæ is a Latin term used in the canon law of the Catholic Church meaning literally "given sentence".Officially, a latae sententiae penalty follows automatically, by force of the law itself, when the law is contravened....

  • Motu proprio
    Motu proprio
    A motu proprio is a document issued by the Pope on his own initiative and personally signed by him....

  • Oratory
    Oratory (worship)
    An oratory is a Christian room for prayer, from the Latin orare, to pray.-Catholic church:In the Roman Catholic Church, an oratory is a structure other than a parish church, set aside by ecclesiastical authority for prayer and the celebration of Mass...

  • Particular church
    Particular Church
    In Catholic canon law, a Particular Church is an ecclesial community headed by a bishop or someone recognised as the equivalent of a bishop.There are two kinds of particular Churches:# Local particular Churches ...

  • Paternity
    Paternity (law)
    In law, paternity is the legal acknowledgment of the parental relationship between a man and a child usually based on several factors.At common law, a child born to the wife during a marriage is the husband's child under the "presumption of legitimacy", and the husband is assigned complete rights,...


  • Prefecture
    Prefecture
    A prefecture is an administrative jurisdiction or subdivision in any of various countries and within some international church structures, and in antiquity a Roman district governed by an appointed prefect.-Antiquity:...

  • Prelate
    Prelate
    A prelate is a high-ranking member of the clergy who is an ordinary or who ranks in precedence with ordinaries. The word derives from the Latin prælatus, the past participle of præferre, which means "carry before", "be set above or over" or "prefer"; hence, a prelate is one set over others.-Related...

  • Privilege (canon law)
    Privilege (canon law)
    Privilege in the Canon law of the Roman Catholic Church is the legal concept whereby someone is exempt from the ordinary operation of the law over time for some specific purpose.-Definition:...

  • Promulgation
    Promulgation
    Promulgation is the act of formally proclaiming or declaring a new statutory or administrative law after its enactment. In some jurisdictions this additional step is necessary before the law can take effect....

  • Rector
    Rector
    The word rector has a number of different meanings; it is widely used to refer to an academic, religious or political administrator...

  • Roger Vacarius
    Vacarius
    Roger Vacarius was an Italian authority in civil and Canon law, who became the first known teacher of Roman law in England.Apparently educated in Bologna, he was brought to Canterbury, possibly by Thomas Becket, to serve as counsel to the Archbishop of Canterbury Theobald of Bec, in his struggle...

  • Roman Catholic (term)
    Roman Catholic (term)
    The term Roman Catholic appeared in the English language at the beginning of the 17th century, to differentiate specific groups of Christians in communion with the Pope from others; comparable terms in other languages already existed...

  • Roman Rota
  • Seal of the Confessional and the Catholic Church
  • Secular clergy
    Secular clergy
    The term secular clergy refers to deacons and priests who are not monastics or members of a religious order.-Catholic Church:In the Catholic Church, the secular clergy are ministers, such as deacons and priests, who do not belong to a religious order...

  • Sede vacante
    Sede vacante
    Sede vacante is an expression, used in the Canon Law of the Catholic Church, that refers to the vacancy of the episcopal see of a particular church...

  • Simony
    Simony
    Simony is the act of paying for sacraments and consequently for holy offices or for positions in the hierarchy of a church, named after Simon Magus , who appears in the Acts of the Apostles 8:9-24...

  • Team of priests in solidum
    Team of priests in solidum
    In 1983 the Catholic Church introduced the possibility of entrusting the pastoral care, of one or more parishes to a team of priests in solidum. This provision in the 1983 Code of Canon Law, which resembles ancient models of pastoral care in the Roman tituli churches with their colleges of priests,...

  • Territorial abbot
    Territorial abbot
    A territorial abbey is a type of particular church within the Roman Catholic Church.Normally an abbot is the superior of an abbey , and exercises authority over a religious family of monks. His authority extends only as far as the monastery's walls, or only to the monks who have taken their vows...

  • Vacatio legis
    Vacatio legis
    Vacatio legis is a technical term in both Canon and civil law which refers to the period between the promulgation of a law and the time the law takes legal effect.-Canon Law:...



External links


Texts and translations of Codes of Canon Law, with referenced concordances


Translations of Codes of Canon Law, without concordances

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