Canon law of the Catholic Church

Catholic religious laws and principles

For a topical guide, see Outline of Catholic canon law.

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Canon law of the Catholic Church

Ius vigens (current law)

* 1983 Code of Canon Law
* Omnium in mentem
* Magnum principium
* Code of Canons of the Eastern Churches
* Ad tuendam fidem
* Ex corde Ecclesiae
* Indulgentiarum Doctrina
* Praedicate evangelium
* Veritatis gaudium
* Custom
* Matrimonial nullity trial reforms of Pope Francis
* Documents of the Second Vatican Council
* Christus Dominus
* Lumen gentium
* Optatam totius
* Orientalium ecclesiarum
* Presbyterorum ordinis
* Sacrosanctum concilium
* Precepts of the Church

Legal history

Jus antiquum (c. 33–1140)

* Ancient Church Orders
* Didache
* The Apostolic Constitutions
* Canons of the Apostles
* Collections of ancient canons
* Collectiones canonum Dionysianae
* Collectio canonum quadripartita
* Collectio canonum Quesnelliana
* Collectio canonum Wigorniensis
* Gelasian Decree
* Symmachian forgeries
* Pseudo-Isidorian Decretals
* Donation of Constantine
* Gregorian Reform
* Lay investiture controversy
* Dictatus papae
* Libertas ecclesiae
* Plenitudo potestatis

Jus novum (c. 1140–1563)

* Corpus Juris Canonici
* Decretum Gratiani
* Decretist
* Canon Episcopi
* Margaritae
* Jus commune
* Decretals of Gregory IX
* Decretalist
* Regulæ Juris
* Extravagantes
* Liber Septimus

Jus novissimum (c. 1563–1918)

* Council of Trent
* Benedictus Deus
* Tametsi
* Apostolicae Sedis moderationi

Jus codicis (1918-present)

* 1917 Code of Canon Law
* Ecclesiae Sanctae
* 1983 Code of Canon Law

Other

* Contractum trinius
* Papal judge-delegate
* Right of option

Eastern law

* Code of Canons of the Eastern Churches
* Eastern Canonical Reforms of Pius XII
* Nomocanon
* Eparchy
* Exarchate
* Ordinariate for Eastern Catholic faithful
* Protosyncellus

Liturgical law

Latin Church

* General Roman Calendar
* Ranking of liturgical days in the Roman Rite
* General Instruction of the Roman Missal
* Code of Rubrics
* Sacrosanctum Concilium
* Mysterii Paschalis
* Musicam sacram
* Scripturarum thesaurus
* Liturgiam authenticam
* Quattuor abhinc annos
* Ecclesia Dei
* Summorum Pontificum
* Magnum principium
* Traditionis custodes
* Red Mass
* Holy day of obligation

Sacramental law

* Communicatio in sacris
* Ex opere operato
* Omnium in mentem
* Validity and liceity

Sacraments

* Holy Orders
* Impediment (Catholic canon law)
* Abstemius
* Defect of birth
* Obligation of celibacy
* Nullity of Sacred Ordination
* Apostolicae curae
* Dimissorial letters
* Episcopal consecrators
* Approbation (Catholic canon law)
* Confession
* Penitential canons
* Paenitentiale Theodori
* Seal of the Confessional
* Internal and external forum
* Note on the importance of the internal forum and the inviolability of the Sacramental Seal
* Apostolic Penitentiary
* Canon penitentiary
* Complicit absolution
* Sacramentum Poenitentiae
* Eucharist
* Eucharistic discipline
* Canon 915
* Celebret
* Mass stipend

Sacramentals

* Indulgence
* Indulgentiarum doctrina

Sacred places

* Altars
* Major basilica
* Minor basilica
* Oratory (chapel)

Sacred times

* Feast days
* Fast days and abstinence
* Paenitemini
* Holy day of obligation

Matrimonial law

* Canonical form (Latin Church)
* Tametsi
* Ne Temere
* Banns of marriage
* Declaration of Nullity
* Dignitas connubii
* Matrimonial Nullity Trial Reforms of Pope Francis
* Vetitum
* Defender of the Bond
* Impediments to Marriage
* Affinity
* Clandestinity
* Impediment of crime
* Disparity of cult
* Ligamen
* Public propriety
* Matrimonial dispensation
* Ratum sed non consummatum
* Sanatio in radice
* Natural marriage
* Pauline privilege
* Petrine privilege

Supreme authority, particular churches, and canonical structures

Supreme authority of the Church

* Roman Pontiff
* Papal conclave
* College of Bishops

Supra-diocesan/eparchal structures

* College of Cardinals
* Conference of bishops
* Synod of Bishops

Particular churches

* Churches sui juris
* Latin Church
* Eastern Catholic Churches
* Local particular churches
* Appointment of bishops
* Abbacy nullius
* Apostolic vicariate
* Apostolic vicar
* Apostolic administration
* Apostolic administrator
* Diocese/Archdiocese
* Aeque principaliter
* Cathedraticum
* In persona episcopi
* Diocesan Curia
* Moderator of the Curia
* Chancery
* Deanery
* Vicar forane
* Eparchy
* Eparchal curia
* Military ordinariate
* Mission sui juris
* Personal ordinariate
* Anglicanorum Coetibus

Juridic persons

* Parish
* Team of priests in solidum
* Collegiate church
* Parish register
* Lay trusteeism
* Roman Curia
* Dicastery
* Congregation
* Pontifical council
* Personal prelature
* Types of membership of Opus Dei
* Association of the Christian faithful
* Vicar general
* Quinquennial visit ad limina

Jurisprudence

* Canonical coronation
* Canonically crowned images
* Computation of time
* Custom
* Delegata potestas non potest delegari
* Derogation
* Dispensation
* Taxa Innocentiana
* Faculty
* Indult
* Impediment
* Donation
* Interpretation
* Pontifical Council for Legislative Texts
* Jurisdiction
* Peritus
* Obreption & subreption
* Obrogation
* Promulgation
* Resignation of the Roman Pontiff
* Sede vacante
* Simony
* Vacatio legis
* Validity and liceity
* Visitation
* Apostolic visitor

Philosophy, theology, and fundamental theory of Catholic canon law

* Theology
* Ecclesiology
* Treatise on Law
* Determinatio

Temporal goods (property)

* Benefice
* Cathedraticum
* Contract law
* Mass stipend
* Stole fee
* Temporalities

Law of persons

* Person (Catholic canon law)
* Formal act of defection from the Catholic Church
* Canonical age
* Emancipation
* Exemption
* Heresy

Clerics

* Secular clergy
* Regular clergy
* Obligation of celibacy
* Clerics and public office
* Incardination and excardination
* Laicization (dispensation)
* Canonical faculties

Office

* Canonical provision
* Canonical election
* Juridic and physical persons
* Jus patronatus
* Associations of the faithful
* Consecrated life

Canonical documents

* Acta Apostolicae Sedis
* Acta Sanctae Sedis
* Censor librorum
* Imprimatur
* Imprimi potest
* Notary
* Protonotary apostolic
* Apostolic constitution
* Canon
* Concordat
* Decree
* Decretal
* Encyclical
* Motu proprio
* Ordinance
* Papal brief
* Papal bull
* Penitential
* Positive law
* Rescript
* Parish register
* Ecclesiastical Latin

Penal law

* Canon 1324
* Canon 1397 §2
* Censure (Catholic canon law)
* De delictis gravioribus
* Complicit absolution
* Crimen sollicitationis
* Excommunication
* List of excommunicable offences in the Catholic Church
* List of people excommunicated by the Catholic Church
* List of cardinals excommunicated by the Catholic Church
* Interdict
* Laicization (penal)
* Latae sententiae and ferendae sententiae
* Lifetime of prayer and penance
* Canonical admonitions
* Ecclesiastical prison

Procedural law

Pars statica (tribunals & ministers/parties)

* Tribunals
* Supreme Tribunal of the Apostolic Signatura
* Tribunal of the Roman Rota
* Apostolic Penitentiary
* Congregation for the Doctrine of the Faith
* Ministers of Justice
* Judicial Vicar/Officialis
* Auditor
* Parties
* Defender of the Bond
* Procurator

Pars dynamica (trial procedure)

* Dignitas connubii (matrimonial causes)
* Appeal as from an abuse
* Presumption
* Penal procedure
* Vos estis lux mundi

Canonization

* Congregation for the Causes of Saints
* Maiorem hac dilectionem
* Advocatus Diaboli
* Oblatio vitae
* Positio
* Beatification and canonization process in 1914

Election of the Roman Pontiff

* Current law
* Universi Dominici gregis
* Papal renunciation
* Reforms of Pope Benedict XVI
* Historical
* Cum proxime
* Jus exclusivae
* Papal appointment
* Aeterni Patris Filius
* Romano Pontifici eligendo
* Ingravescentem aetatem
* Ubi periculum
* Quia propter

Legal practice and scholarship

* List of legal abbreviations

Academic degrees

* Licentiate of Canon Law
* Doctor of Canon Law
* Doctor of both laws

Journals and Professional Societies

* Canon Law Society of America
* The Jurist

Faculties of canon law

* Catholic University of America School of Canon Law

Canonists

* Medieval
* Gratian
* Hostiensis
* Jean Lemoine
* Raymond of Penyafort
* Rufinus
* Johannes Teutonicus
* Geoffrey of Trani
* Burchard of Worms
* Brocard
* Modern & Contemporary
* Eugenio Corecco
* John D. Faris
* Pietro Gasparri
* Ladislas Orsy
* Edward N. Peters

Law of consecrated life

* Solemn vow
* Exclaustration
* Manifestation of Conscience
* Canonical erection of a house of religious
* Pontifical right
* Diocesan right
* Congregation for Institutes of Consecrated Life and Societies of Apostolic Life

Institute of consecrated life

* Religious institute
* Congregation
* Order
* Monasticism
* Canons regular
* Mendicant orders
* Clerics regular
* Secular institute
* Cum Sanctissimus
* Primo Feliciter
* Provida Mater Ecclesia

Society of apostolic life

* Decretum laudis

Catholicism portal

* v
* t
* e

The canon law of the Catholic Church (from Latin ius canonicum[1]) is "how the Church organizes and governs herself".[2] It is the system of religious laws and ecclesiastical legal principles made and enforced by the hierarchical authorities of the Catholic Church to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the Church.[3] It was the first modern Western legal system[4] and is the oldest continuously functioning legal system in the West,[5][6] while the unique traditions of Eastern Catholic canon law govern the 23 Eastern Catholic particular churches sui iuris.

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,[7] 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, lawyers, judges.[8] The canon law of the Catholic Church is articulated in the legal code for the Latin Church[9] as well as a code for the Eastern Catholic Churches.[9] This canon law has principles of legal interpretation,[10] and coercive penalties.[11] 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[12][13] (or colloquially, canon lawyers[12][14]). 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

[edit]

The Corpus Juris Canonici, the fundamental collection of Catholic canon law for over 750 years

The term "canon law" (ius canonicum) was only regularly used from the twelfth century onwards.[15] 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.[15] The term corpus iuris canonici was used to denote canon law as legal system beginning in the thirteenth century.[16]

Other terms sometimes used synonymously with ius canonicum include ius sacrum, ius ecclesiasticum, ius divinum, and ius pontificium,[17] as well as sacri canones[18] (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.[19] 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.[20]

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.[19][21]

### Etymology of "canon"

[edit]

Main article: Canon (canon 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.[22] 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.[22]

## Sources of canon law

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Main article: Jurisprudence of Catholic canon law § Sources of 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 of the fontes essendi (Latin: "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: "sources of knowing"), or depositaries, like sources of history.[23]

## Legal history and codification

[edit]

Main article: Legal history of the Catholic Church

See also: Latin Church

The Catholic Church has the oldest continuously functioning legal system in the West,[5] much later than Roman law but predating the evolution of modern European civil law traditions. What began with rules ("canons") said to have been 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, but some elements of the Hebrew (Old Testament), Roman, Visigothic, Saxon, and Celtic legal traditions. As many as 36 collections of canon law are known to have been brought into existence before 1150.[24]

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.[25] 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).[25]

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 Code of Canons of the Eastern Churches promulgated in 1990 by Pope John Paul II.[26]

St. Raymond of Penyafort (1175–1275), a Spanish Dominican priest, is the patron saint of canonists,[27][5] 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.[citation needed]

### Ius antiquum

[edit]

Main article: Ius antiquum

See also: Ancient Church Orders and Collections of ancient canons

Image of pages from the Decretum of Burchard of Worms, the 11th-century book of canon law

The period of canonical history known as the ius antiquum ("ancient law") extends from the foundation of the Church to the time of Gratian (mid-12th century).[25][28] 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).[29]

In the Early Church, the first canons were decreed by bishops united in "Ecumenical" councils (the Emperor summoning all of the known world's bishops to attend with at least the acknowledgement of the Bishop of Rome) or "local" councils (bishops of a region or territory). Over time, these canons were supplemented with decretals 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 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 of the time.[citation needed]

In the first millennium of the Latin Church, the canons of various ecumenical and local councils were supplemented with decretals of the popes; these were gathered together into collections.[citation needed]

### Ius novum

[edit]

Main article: Corpus Iuris Canonici

Gratian,
the "Father of Canon Law"

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).[25][28]

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.[30] 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[31] (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".[32] Gratian also had an enormous influence on the history of natural law in his transmission of the ancient doctrines of natural law to Scholasticism.[33]

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.[34] 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

[edit]

The third canonical period, known as the ius novissimum ("newest law"), stretches from the Council of Trent[28] to the promulgation of the 1917 Code of Canon Law which took legal effect in 1918.[25] The start of the ius novissimum is not universally agreed upon, however. Edward N. Peters argues that the ius novissimum actually started with the Liber Extra of Gregory IX in 1234.[35]

### Ius codicis

[edit]

Cardinal Pietro Gasparri, architect of the 1917 Code of Canon Law

The fourth period of canonical history is that of the present day, initiated by the promulgation of the 1917 Code of Canon Law[25] on 27 May 1917.[36]

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.[23] In that pronouncement, the 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."[23]

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").[25] From time to time, the Pontifical Council for Legislative Texts issues authentic interpretations regarding the code. The pope occasionally amends the text of the codes.

#### Pio-Benedictine law

[edit]

Main article: 1917 Code of Canon 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, the Commission for the Codification of Canon Law was completed under Benedict XV, who promulgated the Code on 27 May 1917,[37] effective on 29 May 1918.[37] The work having been begun by Pius X, 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 to the Napoleonic Code.

#### Johanno-Pauline law

[edit]

Main article: 1983 Code of Canon 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.[38][39] 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 could promulgate the revised edition, which came into force on 27 November 1983,[40] having been promulgated via the apostolic constitution Sacrae Disciplinae Leges of 25 January 1983. Containing 1752 canons,[41] 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.[42]

As the currently-in-force law for the Latin Church, it constitutes a major part of the Ius vigens (Latin: "active law").

### Eastern Catholic canon law

[edit]

Main article: Eastern Catholic canon law

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

[edit]

Main article: Nomocanon

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.[43]

#### Code of Canons of the Eastern Churches

[edit]

Main article: Code of Canons of the Eastern Churches

See also: Eastern canonical reforms of Pius XII

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.

## Jurisprudence of canon law

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Main article: Jurisprudence of Catholic canon law

Portrayal of a meeting of the Roman Rota

The institutions and practices of canon law paralleled the legal development of much of Europe, and consequently both modern civil law and common law[44][45][46] bear the influences of canon law.

> 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.[47]

Much of the legislative style was adapted from that of Roman Law[48] especially the Justinianic Corpus Iuris Civilis.[49][50] 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.[51] The Catholic Church developed the inquisitorial system in the Middle Ages.[52] 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.[53]

> In one of his elaborate orations in the United States Senate Mr. Charles Sumner spoke of "the generous presumption of the common law in favor of the innocence of an accused person"; yet it must be admitted that such a presumption cannot be found in Anglo-Saxon law, where sometimes the presumption seems to have been the other way. And in a very recent case in the Supreme Court of the United States, the case of Coffin, 156 U. S. 432, it is pointed out that this presumption was fully established in the Roman law, and was preserved in the canon law.[54]

The primary canonical sources of law are the 1983 Code of Canon Law,[19][55] the Code of Canons of the Eastern Churches,[55] and Pastor Bonus.[56] 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.[57] 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, and has the force of law.[58]

## Philosophy, theology, and fundamental theory of Catholic canon law

[edit]

Main article: Philosophy, theology, and fundamental theory of Catholic canon law

Summa theologica, Pars secunda, prima pars (copy by Peter Schöffer, 1471)

Although canonical jurisprudential theory generally follows the principles of Aristotelian-Thomistic legal philosophy,[5] Thomas Aquinas never explicitly discusses the place of canon law in his Treatise on Law[59] However, Aquinas himself was influenced by canon law.[60] While many canonists apply the Thomistic definition of law (lex) to canon law without objection, some authors dispute the applicability of the Thomistic definition to canon law, arguing that its application would impoverish ecclesiology and corrupt the very supernatural end of canon law.[61]

In the decades following the Second Vatican Council, many canonists called for a more theological, rather than philosophical, conception of canon law,[62] acknowledging the "triple relationship between theology, philosophy, and canon law".[63] Some authors conceive of canon law as essentially theological and the discipline of canon law as a theological subdiscipline,[62] 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."[62]

The fundamental theory of canon law is a discipline covering the basis of canon law in the very nature of the church.[64] 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."[65] The discipline seeks to better explain the nature of law in the church and engages in theological discussions in post-conciliar Catholicism[66] and seeks to combat "postconciliar antijuridicism".[67]

## Canonistics, faculties, and institutes

[edit]

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) 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

[edit]

Under the 1983 Code of Canon Law, all seminary students are required to take courses in canon law.[68] 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;[69] judges;[70] promoters of justice;[71] defenders of the bond;[71] canonical advocates.[72] In addition, vicars general and episcopal vicars are to be doctors, or at least licensed in canon law or theology.[73] Ordinarily, bishops are to have an advanced degree (doctorate or at least licentiate) in scripture, theology, or canon law.[74]

## See also

[edit]

See also: Glossary of the Catholic Church

* Apostolic Administrator
* Canon Episcopi
* Canonical Acts
* Canonical admonitions
* Confirmation of bishops
* Devil's advocate
* Ecclesiastical court
* Funeral dues
* Integralism
* Particular church
* Privilege (canon law)
* Privilege of competency
* Rector (ecclesiastical)
* Prohibited degree of kinship
* Secular clergy
* Sede vacante
* Simony
* Supreme Tribunal of the Apostolic Signatura
* Team of priests in solidum
* Territorial abbot

## References

[edit]

### Citations

[edit]

1. ^ Black's Law Dictionary, 5th Edition, p. 771: "Ius canonicum"
2. ^ Father James Goodwin (4 June 2021). "Church Teaching. Introduction to Canon Law". Simply Catholic. Archived from the original on 16 February 2022. Retrieved 16 February 2022.
3. ^ Della Rocca, Manual of Canon Law, p. 3
4. ^ Berman, Harold J. Law and Revolution, pp. 86, 115
5. ^ a b c d Edward N. Peters, CanonLaw.info Home Page Archived 2011-09-28 at the Wayback Machine, accessed June-11-2013
6. ^ Raymond Wacks, Law: A Very Short Introduction, 2nd Ed. (Oxford University Press, 2015) p. 13.
7. ^ Canon 331 Archived 2007-04-02 at the Wayback Machine, 1983 Code of Canon Law
8. ^ Edward N. Peters, "A Catechist's Introduction to Canon Law" Archived 2017-08-02 at the Wayback Machine, CanonLaw.info, accessed June-11-2013
9. ^ a b Manual of Canon Law, p. 49
10. ^ "Code of Canon Law: text - IntraText CT". www.intratext.com. Archived from the original on 2020-12-11. Retrieved 2020-10-24.
11. ^ St. Joseph Foundation newsletter, Vol. 30 No. 7 Archived 2020-07-27 at the Wayback Machine, p. 3
12. ^ a b Vere & Trueman, Surprised by Canon Law [volume 1], 2004, p. 3
13. ^ Black's Law Dictionary, 5th Edition, p. 187: "Canonist"
14. ^ Berman, Law and Revolution, p. 288
15. ^ a b Berman, Law and Revolution, p. 202.
16. ^ Berman, Law and Revolution, p. 253
17. ^ Smith, Elements of Ecclesiastical Law, Vol. I (9th ed.), p. 9. Internet Archive, accessed 28 March 2016.
18. ^ Phillimore, Walter George Frank (1911). "Canon Law" . In Chisholm, Hugh (ed.). Encyclopædia Britannica. Vol. 5 (11th ed.). Cambridge University Press. p. 193.
19. ^ a b c Rev. James Socias (gen. edit.), Our Moral Life in Christ. (Chicago: Midwest Theological Forum, 2003), 84.
20. ^ Della Rocca, Fernando, Manual of Canon Law (Milwaukee: The Bruce Publishing Company, 1959) trans. The Rev. Anselm Thatcher, O.S.B., p. 9.
21. ^ Canon 832 as found in https://www.vatican.va/archive/ENG1104/__P2Q.HTM Archived 2015-02-28 at the Wayback Machine
22. ^ a b Berman, Law and Revolution, p. 199
23. ^ a b c 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).
24. ^ Mylne, The Canon Law, p. 22.
25. ^ a b c d e f g Manual of Canon Law, p. 13, #8
26. ^ Saint John Paul II, Ap. Const. Sacri Canones
27. ^ Vere & Trueman, Surprised by Canon Law, p. 2.
28. ^ a b c Wigmore, Panorama, p. 951
29. ^ Manual of Canon Law, p. 14
30. ^ Law and Revolution, p. 116
31. ^ Law and Revolution, p. 240
32. ^ Kenneth J. Pennington, Ph.D., CL701, CUA School of Canon Law, "History of Canon Law, Day 1" Archived 2015-07-09 at the Wayback Machine, around 0:25:30, accessed 8-15-2014
33. ^ Rommen, Natural Law, pp. 38–39
34. ^ The New York Times, Neighbors and Wives book review Archived 2016-04-22 at the Wayback Machine of Nov-13-1988, accessed 27 June 2013
35. ^ Edward N. Peters, A suggestion for reordering the major divisions of canonical history Archived 2013-08-31 at the Wayback Machine, accessed 16 May 2013
36. ^ CanonLaw.info Archived 2013-06-06 at the Wayback Machine, accessed Jan-19-2013
37. ^ a b De Meester, Compendium Tomus Primus, p. 52
38. ^ John XXIII, allocution Questa festiva (25 Jan. 1959), AAS 51 (1959) pp. 68–69
39. ^ CanonLaw.info, "Legislative History of the 1983 Code of Canon Law" Archived 2013-05-26 at the Wayback Machine; accessed June-7-2013
40. ^ The New York Times, "New Canon Law Code in Effect for Catholics Archived 2017-09-19 at the Wayback Machine", 27-Nov-1983, accessed June-25-2013
41. ^ Britannica "Canon Law" Archived 2014-11-04 at the Wayback Machine, accessed 6-24-2013
42. ^ Can. 1, 1983 CIC ("The Canons of this code regard only the Latin Church.")
43. ^ Taylor 1990, p. 61.
44. ^ Rommen, Heinrich A., Natural Law, p. 114
45. ^ Friedman, Lawrence M., American Law, p. 70
46. ^ Epstein et al., Contracts: Making and Doing Deals, 3rd Ed., p. 13.
47. ^ Studies in the Civil Law, p. 43—citing Professor Maitland, "Social England".
48. ^ The National Encyclopedia: Volume 2, p. 416
49. ^ The New York Times, "Pope to Codify Canon Law" Archived 2021-10-07 at the Wayback Machine, 1-Apr-1904, accessed 25-June-2013
50. ^ McCormick, Anne O'Hare. Vatican Journal, p. 44
51. ^ Comparative Legal Traditions, p. 43
52. ^ Lehman, Jeffrey; Phelps, Shirelle (2005). West's Encyclopedia of American Law, Vol. 5 (2 ed.). Detroit: Thomson/Gale. p. 483\. ISBN 978-0787663742.
53. ^ Wormser, The Story of the LAW, p. 189
54. ^ Studies in the Civil Law, p. 51
55. ^ a b Edward Peters, CanonLaw.info Archived 2013-05-17 at the Wayback Machine, accessed June-9-2013
56. ^ Code of Canons of the Eastern Churches, Latin-English Edition, New English Translation (Canon Law Society of America, 2001), page xxv
Cf. Pastor Bonus n. 2
57. ^ 1983 Code, canon 7.
58. ^ Catholic Encyclopedia 1913, "Words (In Canon Law)"
59. ^ J. Budziszewski, The Architecture of Law According to Thomas Aquinas Archived 2016-03-14 at the Wayback Machine; accessed 14 March 2016
60. ^ Blackfriars Summa Theologiæ Vol. 28, p. 16 [notes by Thomas Gilby O.P. on Summa Ia-IIæ, q. 90, a. 4]
61. ^ Exegetical Commentary on the Code of Canon Law, Vol. I, pp. 261–262 (commentary on 1983 CIC, Book I, Title I)
62. ^ a b c Errázuriz, "Justice in the Church", p. 71
63. ^ Ladislas Orsy, "Towards a Theological Conception of Canon Law" (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), p. 11
64. ^ Errázuriz M., Fundamental Theory, 3
65. ^ Errázuriz M., Fundamental Theory, xvii.
66. ^ Errázuriz M., Fundamental Theory, 59 et seq.
67. ^ Errázuriz M., Fundamental Theory, 62
68. ^ 1983 CIC, can. 252 §3
69. ^ 1983 CIC, can. 1420 §4
70. ^ 1983 CIC, can. 1421 §3
71. ^ a b 1983 CIC, can. 1435
72. ^ 1983 CIC, can. 1483
73. ^ 1983 CIC, can. 478 §1
74. ^ 1983 CIC, can. 378 §1 °5

### Sources

[edit]

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 [by] Thomas 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, 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 Archived 2016-04-04 at the Wayback Machine 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). ISBN 978-0314272386
* 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, Edward N., translator, The 1917 or Pio-Benedictine Code of Canon Law: in English Translation with Extensive Scholarly Apparatus (Ignatius Press, 2001)
* Peters, Edward N., JD, JCD, Ref. Sig. Ap., CanonLaw.info Archived 2013-05-15 at the Wayback Machine
* Rommen, Heinrich A. The Natural Law: A Study in Legal and Social History and Philosophy (St Louis: B. Herder Book Co., 1947 [1959]) 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).
* Taylor, Justin (1990). "Canon Law in the Age of the Fathers". In Hite, Jordan; Ward, Daniel J. (eds.). Readings, cases, materials in Canon Law: a textbook for ministerial students (Revised ed.). Collegeville, MN: Liturgical Press. ISBN 978-0814610817.
* 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 Archived 2012-02-06 at the Wayback Machine 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, Washington, DC.

## Further reading

[edit]

* Cicognani, Amleto Giovanni (1935). Canon Law: I. Introduction to the Study of Canon Law; II. History of the Sources of Canon Law; III. A Commentary on Book I of the Code. Translated by O'Hara, Joseph M.; Brennan, Francis. Internet Archive (2nd revised ed.). Philadelphia: Dolphin Press.

## External links

[edit]

Wikisource has the text of the 1913 Catholic Encyclopedia article Canon Law.

* Sacrea Disciplinae Leges (Document establishing the 1983 Code of Canon Law)
* Norms of current canon law (Table of canonical norms which are currently in force)
* Canon Law Wiki (Notes, Commentary, Discussion, Papers & Bibliography on Canon Law)

### Texts and translations of post-1917 canonical codifications

[edit]

With referenced concordances

* Codex Iuris Canonici (1983) (in Latin)
* Code of Canon Law (1983) (Translation by Canon Law Society of America – via vatican.va. Includes 1998 modification of canons 750 and 1371.)
* Code of Canon Law (1983) (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) (in Latin)
* Code of canons of Oriental Churchs (1990) (Translation by Canon Law Society of America)
* Codex Iuris Canonici (1917) (in Latin) (Abrogated by 1983 Code of Canon Law)

Without concordances

* 1983 Code of Canon Law Archived 2021-07-09 at the Wayback Machine (English, updated with post-promulgation legislative revisions.)
* 1983 Codex Iuris Canonici Archived 2021-05-13 at the Wayback Machine (Latin, updated with post-promulgation legislative revisions.)

### Historical canon law texts

[edit]

* The Medieval Canon Law Virtual Library
* Decretum Gratiani (Friedbourg edition)
* Corpus Iuris Canonici (1582)
* Code de 1917 (in French) (Abrogated by the 1983 Code of Canon Law)

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Charities|

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* See also:
* Health care
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