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Canon law

Also Known As Code of Canon Law · Church law · ecclesiastical lawOriginal Term kanon (Greek, a measuring rod)
Religious Law

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Origin 1140 to 1917

Canon law is the law by which a church governs itself: how offices are filled, how sacraments are administered, how marriages are contracted and annulled, how clergy are disciplined, how property is held, how tribunals proceed. It is genuinely law, with courts, procedure, appeals and a jurisprudence.

It is regularly listed alongside sharia and halakha as though the three were the same institution in three religions. They are not, and the difference is worth stating precisely. Canon law does not claim to be the whole of divine law for the whole of life. It regulates the church as an institution and the faithful in their relation to it, and it leaves the ordinary conduct of life to moral theology and to civil law. Sharia in its classical conception addresses the totality of human action, and the categories of jurisprudence classify every act. Halakha likewise covers the whole of daily practice, but has no central legislature and no enforcement apparatus and rests on the voluntary submission of the observant. Three different shapes: an institution's constitution, a total path, and a communal practice sustained without coercive power.

The Catholic Church has the most fully developed system, codified in 1917, replaced by the current code in 1983, with a separate code for the Eastern Catholic churches in 1990. The Orthodox churches work from the ancient canons with local statutes rather than from a modern code. Anglican churches have their own canons; most Protestant bodies have constitutions and books of order which do the same work under other names.

Facts
Status
Status Within the Tradition
Standard teaching, not formally defined 1Tradition: Roman Catholicism
Sourced to the subject's own accountThe governing law of the Latin church, codified in 1917 and again in 1983
Doctrinal CategorySourced to the subject's own account
Religious Law 1
Origins
Origin PeriodSourced to the subject's own account
1140 to 1917 1
Held BySourced to the subject's own account
Christianity 1
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The Church's Own Law

Canon law is the body of law by which a Christian church orders itself, from the Greek kanon, a rule or measuring line. It is oldest, largest and most developed in the Roman Catholic Church, where it constitutes a complete legal system with its own courts, procedure, judges, advocates, faculties and academic literature.

Its formation ran for a millennium. The canons of ecumenical and local councils from the fourth century onward, papal decretals, and patristic rulings were gathered into collections of increasing sophistication and decreasing contradiction. The decisive work is Gratian's Decretum of about 1140, whose full title, Concordia discordantium canonum, the harmony of discordant canons, states its method: to set conflicting authorities side by side and reconcile them by distinction. It effectively founded canon law as a science, taught at Bologna alongside the rediscovered Roman law, and the two together shaped the European legal profession. Later decretal collections were consolidated as the Corpus Iuris Canonici, which governed until the first Code of Canon Law in 1917. That code was replaced by the 1983 Code promulgated after the Second Vatican Council, with a separate Code of Canons of the Eastern Churches (1990) for the Eastern Catholic churches.

Its scope is wide: the sacraments and who may administer and receive them; marriage law, including the grounds on which a marriage may be declared null; the structure of dioceses, parishes and religious institutes; the appointment, transfer and removal of clergy; ecclesiastical property; and a penal book with its own offences and procedure. The 1983 Code opens its treatment of the people of God with the obligations and rights of all the faithful before turning to the clergy, a reordering that reflects the council's ecclesiology, and it ends with the maxim that the salvation of souls must always be the supreme law.

Other churches order themselves differently. Eastern Orthodoxy accords great authority to the ancient canons but has no single code, working from the conciliar canons, collections such as the Pedalion, and the statutes of each autocephalous church. The Anglican churches each have their own canons, English canon law retaining much of its medieval inheritance as modified at the Reformation. Most Protestant churches speak of church order, polity or discipline rather than canon law.

Two points are worth adding. Canon law is one of the two great learned legal traditions of medieval Europe, and its influence on the development of Western secular law, in procedure, evidence, the law of corporations, contract, and marriage, is substantial and well documented. And its handling of clerical sexual abuse has been the object of sustained and largely justified criticism: the penal canons were little used, the norms of secrecy impeded response, and the procedures were widely judged inadequate by the church's own later admission. The penal book was substantially rewritten in 2021.

How a Church Court Actually Works

Canon law is applied through a real court system, and its structure is worth setting out because most discussion of it, particularly around marriage annulment, assumes a courtroom without describing one.

Each diocese maintains a tribunal, headed by a judicial vicar appointed by the bishop, staffed by trained canon lawyers who serve as judges, defenders of the bond, and advocates for the parties. The most common case type by far is the declaration of nullity, a finding that a marriage, though it appears valid, lacked some element canon law requires for validity from the outset, such as full consent, the capacity to consent, or the intention to marry permanently and exclusively; a declaration of nullity is not a divorce, since it holds that no valid marriage existed rather than that an existing one is dissolved.

Cases proceed through instances: a first-instance tribunal decision, if affirmative, historically required automatic review by a second-instance tribunal before taking effect, a safeguard Pope Francis's 2015 reform Mitis Iudex Dominus Iesus relaxed by allowing a single affirmative decision to become final if neither party appeals. Above the diocesan level sits the Roman Rota, the ordinary appellate tribunal of the Holy See, whose accumulated decisions (jurisprudence) function similarly to case law in guiding how later tribunals interpret the Code's grounds for nullity.

Separately, the Congregation for the Doctrine of the Faith (renamed the Dicastery for the Doctrine of the Faith in 2022) handles the gravest penal cases, including clergy sexual abuse, reserved to it since 2001 specifically because diocesan-level handling of such cases had proven so inadequate.

Cross-Tradition Connections

Belongs to Tradition

Source Encyclopedia of ReligionMircea Eliade (ed.); Lindsay Jones (ed., 2nd ed.)

Canon law is a formal, codified legal system in this tradition, per the Code of Canon Law.

Source Code of Canon Law (Codex Iuris Canonici)Holy Seethe holders' own account

Related To

Canon Law, Scholarly Disciplines

Canon Law the academic discipline and Canon law the body of law it studies and teaches.

In the Other Atlases
Sources
1. Code of Canon Law (Codex Iuris Canonici)
Holy See, Libreria Editrice Vaticana, 1983Books I and VIIthe holders' own accountView the Source
The Oxford Dictionary of the Christian Church, 3rd revised edition
F. L. Cross and E. A. Livingstone (eds.), Oxford University Press, 2005Canon Law; Gratian; Corpus Iuris CanoniciView the Source
Saints and Sinners: A History of the Popes
Eamon Duffy, Yale University Press, 2006On the development of papal legal authorityView the Source
Encyclopedia of Religion
Mircea Eliade (ed.); Lindsay Jones (ed., 2nd ed.), Macmillan Reference, 2005View the Source
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