View source for Canon law of the Catholic Church

{{Short description|Catholic religious laws and principles}}
{{For outline|Outline of Catholic canon law}}
{{Canon Law}}

The '''canon law of the Catholic Church''' ({{ety|la|ius canonicum}}<ref>Black's Law Dictionary, 5th Edition, p. 771: "Ius canonicum"</ref>) is "how the Church organizes and governs herself".<ref>{{cite web |url=https://www.simplycatholic.com/introduction-to-canon-law/ |title=Church Teaching. Introduction to Canon Law |website=Simply Catholic |last1=Father James Goodwin |date=4 June 2021 |access-date=16 February 2022 |archive-date=16 February 2022 |archive-url=https://web.archive.org/web/20220216180337/https://www.simplycatholic.com/introduction-to-canon-law/ |url-status=live }}</ref> It is the system of [[religious law]]s and [[canon law|ecclesiastical legal principles]] made and enforced by the [[Hierarchy of the Catholic Church|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.<ref>Della Rocca, ''Manual of Canon Law'', p. 3</ref> It was the first modern [[Western world|Western]] legal system<ref>Berman, Harold J. ''Law and Revolution'', pp. 86, 115</ref> and is the oldest continuously functioning [[legal system]] in the West,<ref name=clinfomain/><ref>Raymond Wacks, ''Law: A Very Short Introduction, 2nd Ed.'' (Oxford University Press, 2015) p. 13.</ref> while the unique traditions of [[Eastern Catholic canon law]] govern the 23 [[Eastern Catholic Churches|Eastern Catholic]] [[particular church]]es ''{{Lang|la|[[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 (Catholic canon law)|promulgation]] by the supreme legislator—the [[supreme pontiff]], who possesses the totality of legislative, executive, and judicial power in his person,<ref>[https://www.vatican.va/archive/ENG1104/__P16.HTM Canon 331] {{Webarchive|url=https://web.archive.org/web/20070402021624/https://www.vatican.va/archive/ENG1104/__P16.HTM |date=2007-04-02 }}, [[1983 Code of Canon Law]]</ref> 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, [[Ecclesiastical court|courts]], [[Ecclesiastical lawyer|lawyers]], judges.<ref name="clinfocat">[[Edward N. Peters]], [http://www.canonlaw.info/a_catechistintro.htm "A Catechist's Introduction to Canon Law"] {{Webarchive|url=https://web.archive.org/web/20170802095547/http://www.canonlaw.info/a_catechistintro.htm |date=2017-08-02 }}, CanonLaw.info, accessed June-11-2013</ref> The canon law of the Catholic Church is articulated in the [[1983 Code of Canon Law|legal code]] for the [[Latin Church]]<ref name="Manual of Canon Law, p. 49">Manual of Canon Law, p. 49</ref> as well as a [[Code of Canons of the Eastern Churches|code]] for the Eastern Catholic Churches.<ref name="Manual of Canon Law, p. 49" /> This canon law has principles of [[Interpretation (Catholic canon law)|legal interpretation]],<ref>{{Cite web|title=Code of Canon Law: text - IntraText CT|url=http://www.intratext.com/IXT/ENG0017/_P2.HTM|access-date=2020-10-24|website=www.intratext.com|archive-date=2020-12-11|archive-url=https://web.archive.org/web/20201211125942/http://www.intratext.com/IXT/ENG0017/_P2.HTM|url-status=live}}</ref> and coercive penalties.<ref>[https://stjosephcanonlaw.com/sites/default/files/newsletter-preview-pdfs/christifidelis30.7.pdf St. Joseph Foundation newsletter, Vol. 30 No. 7] {{Webarchive|url=https://web.archive.org/web/20200727185759/https://stjosephcanonlaw.com/sites/default/files/newsletter-preview-pdfs/christifidelis30.7.pdf |date=2020-07-27 }}, p. 3</ref> 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'''<ref name="Surprised1.3">Vere & Trueman, ''Surprised by Canon Law'' [volume 1], 2004, p. 3</ref><ref>Black's Law Dictionary, 5th Edition, p. 187: "Canonist"</ref> (or colloquially, '''canon lawyers'''<ref name="Surprised1.3" /><ref>Berman, ''Law and Revolution'', p. 288</ref>). Canon law as a sacred science is called '''canonistics'''.

The [[Jurisprudence of Catholic canon law|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==
[[File:Graverat titelblad till "Kanonisk rätt" - Skoklosters slott - 93238.tif|thumb|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.<ref name="Berman202">Berman, ''Law and Revolution'', p. 202.</ref> 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.<ref name=Berman202/> The term ''[[corpus iuris canonici]]'' was used to denote canon law as legal system beginning in the thirteenth century.<ref>Berman, ''Law and Revolution'', p. 253</ref>

Other terms sometimes used synonymously with ''ius canonicum'' include ''ius sacrum'', ''ius ecclesiasticum'', ''ius divinum'', and ''ius pontificium'',<ref>Smith, ''Elements of Ecclesiastical Law'', Vol. I (9th ed.), [https://archive.org/stream/elementsofeccles01smituoft#page/9/mode/1up p. 9]. Internet Archive, accessed 28 March 2016.</ref> as well as ''sacri canones''<ref>{{cite EB1911 |last=Phillimore |first=Walter George Frank |wstitle=Canon Law |volume=5 |page=193}}</ref> (sacred canons).

{{visible anchor|Ecclesiastical positive law}} is the [[positive law]] that emanates from the [[Legislature|legislative power]] of the [[Catholic Church]] in its effort to govern its members in accordance with the [[Gospel]] of [[Jesus Christ]].<ref name="Socias">Rev. James Socias (gen. edit.), ''Our Moral Life in Christ''. (Chicago: Midwest Theological Forum, 2003), 84.</ref> 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.<ref>Della Rocca, Fernando, ''Manual of Canon Law'' (Milwaukee: The Bruce Publishing Company, 1959) trans. The Rev. Anselm Thatcher, O.S.B., p. 9.</ref>

Examples of ecclesiastical positive law are fasting during the [[Liturgical year|liturgical season]] of [[Lent]], and religious workers (monks, nuns, etc.) requiring permission from their superiors to publish a book.<ref name=Socias/><ref>Canon 832 as found in https://www.vatican.va/archive/ENG1104/__P2Q.HTM {{Webarchive|url=https://web.archive.org/web/20150228015236/https://www.vatican.va/archive/ENG1104/__P2Q.HTM |date=2015-02-28 }}</ref>

===Etymology of "canon"===
{{main|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.<ref name="Berman199">Berman, ''Law and Revolution'', p. 199</ref> In 325, when the first ecumenical council, [[Nicaea I]], was held, ''kanon'' started to obtain the restricted juridical denotation of a law [[Promulgation (Catholic canon law)|promulgated]] by a [[synod]] or [[ecumenical council]], as well as that of an individual bishop.<ref name=Berman199/>

==Sources of canon law==
{{main|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'' ([[Ecclesiastical Latin|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'' ([[Ecclesiastical Latin|Latin]]: "sources of knowing"), or depositaries, like sources of history.<ref name="Augustine">[https://archive.org/stream/1917CodeOfCanonLawCommentary/1917CodeOfCanonLawCommentary_djvu.txt 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).</ref>

==Legal history and codification==
{{main|Legal history of the Catholic Church}}{{see also|Latin Church}}
The [[Catholic Church]] has the oldest continuously functioning legal system in the West,<ref name=clinfomain/> much later than [[Roman law]] but predating the evolution of modern European [[Civil law (legal system)|civil law]] traditions. What began with rules ("[[Canon (canon law)|canons]]") said to have been adopted by the [[Twelve Apostles|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 [[Halakha|Hebrew]] ([[Old Testament]]), [[Roman law|Roman]], [[Visigoths#Law|Visigothic]], [[Anglo-Saxon law|Saxon]], and [[Celtic law|Celtic legal traditions]]. As many as 36 collections of canon law are known to have been brought into existence before 1150.<ref>Mylne, ''The Canon Law'', p. 22.</ref>

The history of Latin canon law can be divided into four periods: the ''ius antiquum'', the ''ius novum'', the ''ius novissimum'' and the ''[[1983 Code of Canon Law|Codex Iuris Canonici]]''.<ref name="Manual13">Manual of Canon Law, p. 13, #8</ref> In relation to the Code, history can be divided into the ''ius vetus'' (all law before the [[1917 Code of Canon Law|1917 ''Code'']]) and the ''ius novum'' (the law of the code, or ''ius codicis'').<ref name=Manual13/>

The Eastern Catholic canon law of the [[Eastern Catholic Churches]], which had developed some different disciplines and practices, underwent its own process of [[Codification (law)|codification]], resulting in the ''[[Code of Canons of the Eastern Churches]]'' promulgated in 1990 by [[Pope John Paul II]].<ref>Saint John Paul II, [[Ap. Const.]] [https://archive.org/stream/ApostolicConstitutionSacriCanonesJohnPaulIi1990/Sacri_Canones_Apostolic_Constitution_John_Paul_II_1990#page/n7/mode/2up Sacri Canones]</ref>

[[St. Raymond of Penyafort]] (1175–1275), a Spanish [[Dominican Order|Dominican]] priest, is the [[patron saint]] of canonists,<ref>Vere & Trueman, ''Surprised by Canon Law'', p. 2.</ref><ref name="clinfomain">[[Edward N. Peters]], [http://canonlaw.info CanonLaw.info Home Page] {{Webarchive|url=https://web.archive.org/web/20110928005444/http://www.canonlaw.info/ |date=2011-09-28 }}, accessed June-11-2013</ref> due to his important contributions to canon law in codifying the ''[[Decretales Gregorii IX]]''. Other saintly patrons include [[St. Ivo of Chartres]] and the [[Society of Jesus|Jesuit]] [[St. Robert Bellarmine]].{{citation needed|date=March 2016}}

===''Ius antiquum''===
{{Main|Ius antiquum}}
{{See also|Ancient Church Orders|Collections of ancient canons}}
[[File:Extract from Burchard of Worms' Decretum.jpg|thumb|left|300px|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 [[Decretum Gratiani|Gratian]] (mid-12th century).<ref name=Manual13/><ref name="Wigmore951">Wigmore, ''Panorama'', p. 951</ref> 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).<ref>Manual of Canon Law, p. 14</ref>

In the [[Early Christianity|Early Church]], the first canons were decreed by [[bishop]]s united in "[[Ecumenical councils|Ecumenical]]" councils (the Emperor summoning all of the known world's bishops to attend with at least the acknowledgement of the [[Pope|Bishop]] of [[diocese of Rome|Rome]]) or "local" councils (bishops of a region or territory). Over time, these canons were supplemented with [[decretal]]s 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|date=March 2023}}

In the first millennium of the [[Latin Church]], the canons of various ecumenical and local councils were supplemented with [[decretal]]s of the [[pope]]s; these were gathered together into collections.{{citation needed|date=March 2023}}

===''Ius novum''===
{{main|Corpus Iuris Canonici}}
[[File:Graciano.jpg|180px|thumb|right|Gratian,<br>the "Father of Canon Law"]]
The period of canonical history known as the ''Ius novum'' ("new law") or ''middle period'' covers the time from [[Decretum Gratiani|Gratian]] to the [[Council of Trent]] (mid-12th century–16th century).<ref name=Manual13/><ref name=Wigmore951/>

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.<ref>Law and Revolution, p. 116</ref> The first truly systematic collection was assembled by the [[Camaldolese]] monk [[Gratian (jurist)|Gratian]] in the 11th century, commonly known as the {{Lang|la|[[Decretum Gratiani]]}} ("Gratian's Decree") but originally called ''The Concordance of Discordant Canons''<ref>Law and Revolution, p. 240</ref> (''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".<ref>Kenneth J. Pennington, Ph.D., CL701, CUA School of Canon Law, [https://www.youtube.com/watch?v=EVwHMzCUx4k&index=27&list=PLIyjmpcCSGmbeqoESo25a9Rg6YH0BQVnc "History of Canon Law, Day 1"] {{Webarchive|url=https://web.archive.org/web/20150709084623/https://www.youtube.com/watch?v=EVwHMzCUx4k&index=27&list=PLIyjmpcCSGmbeqoESo25a9Rg6YH0BQVnc |date=2015-07-09 }}, around 0:25:30, accessed 8-15-2014</ref> Gratian also had an enormous influence on the history of [[natural law]] in his transmission of the ancient doctrines of natural law to [[Scholasticism]].<ref>Rommen, ''Natural Law'', pp. 38–39</ref>

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.<ref>The New York Times, [https://www.nytimes.com/1988/11/13/books/neighbors-and-wives.html ''Neighbors and Wives'' book review] {{Webarchive|url=https://web.archive.org/web/20160422102733/http://www.nytimes.com/1988/11/13/books/neighbors-and-wives.html |date=2016-04-22 }} of Nov-13-1988, accessed 27 June 2013</ref> In 1234 [[Pope]] [[Gregory IX]] promulgated the first official collection of [[Canon (canon law)|canons]], called the ''[[Decretals of Gregory IX|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 {{Lang|la|[[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 ''[[Bullarium|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''===
The third canonical period, known as the ''ius novissimum'' ("newest law"), stretches from the [[Council of Trent]]<ref name=Wigmore951/> to the [[Promulgation (Catholic canon law)|promulgation]] of the [[1917 Code of Canon Law|1917 ''Code of Canon Law'']] which took legal effect in 1918.<ref name=Manual13/> 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 [[Pope Gregory IX|Gregory IX]] in 1234.<ref>Edward N. Peters, [http://www.canonlaw.info/ten_drhistory.htm A suggestion for reordering the major divisions of canonical history] {{Webarchive|url=https://web.archive.org/web/20130831165321/http://www.canonlaw.info/ten_drhistory.htm |date=2013-08-31 }}, accessed 16 May 2013</ref>

===''Ius codicis''===
[[File:Pietro Gasparri.jpg|200px|right|thumb|[[Pietro Gasparri|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<ref name=Manual13/> on 27 May 1917.<ref>[http://canonlaw.info/masterpage1917.htm CanonLaw.info] {{Webarchive|url=https://web.archive.org/web/20130606050339/http://www.canonlaw.info/masterpage1917.htm |date=2013-06-06 }}, accessed Jan-19-2013</ref>

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.<ref name=Augustine/> 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."<ref name=Augustine/>

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").<ref name=Manual13/> From time to time, the [[Pontifical Council for Legislative Texts]] issues [[authentic interpretation]]s regarding the code. The pope occasionally amends the text of the codes.

====Pio-Benedictine law====

{{main|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 [[1917 Code of Canon Law|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,<ref name="Meester, p. 52">De Meester, ''Compendium'' Tomus Primus, p. 52</ref> effective on 29 May 1918.<ref name="Meester, p. 52"/> The work having been begun by [[Pius X]], it was sometimes called the "Pio-Benedictine Code" but more often the [[1917 Code of Canon Law|1917 Code]] to distinguish it from the later [[1983 Code of Canon Law|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 [[Corpus Iuris Civilis|Code of Justinian]] to the [[Napoleonic Code]].

====Johanno-Pauline law====

{{main|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.<ref>John XXIII, [[Papal allocution|allocution]] ''Questa festiva'' (25 Jan. 1959), [[Acta Apostolicae Sedis|AAS]] 51 (1959) pp. 68–69</ref><ref>CanonLaw.info, [http://canonlaw.info/canonlaw_LegisHistory.htm "Legislative History of the 1983 Code of Canon Law"] {{Webarchive|url=https://web.archive.org/web/20130526032725/http://www.canonlaw.info/canonlaw_LegisHistory.htm |date=2013-05-26 }}; accessed June-7-2013</ref> 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,<ref>The New York Times, "[https://www.nytimes.com/1983/11/27/us/new-canon-law-code-in-effect-for-catholics.html New Canon Law Code in Effect for Catholics] {{Webarchive|url=https://web.archive.org/web/20170919231617/https://www.nytimes.com/1983/11/27/us/new-canon-law-code-in-effect-for-catholics.html |date=2017-09-19 }}", 27-Nov-1983, accessed June-25-2013</ref> having been promulgated via the [[apostolic constitution]] ''[[Sacrae Disciplinae Leges]]'' of 25 January 1983. Containing 1752 canons,<ref>[https://www.britannica.com/EBchecked/topic/92870/canon-law/67236/The-new-Code-of-Canon-Law Britannica "Canon Law"] {{Webarchive|url=https://web.archive.org/web/20141104233351/http://www.britannica.com/EBchecked/topic/92870/canon-law/67236/The-new-Code-of-Canon-Law |date=2014-11-04 }}, accessed 6-24-2013</ref> it is the law currently binding on the [[Latin Church]].

This codification is referred to as the [[1983 Code of Canon Law|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]].<ref>Can. 1, 1983 CIC ("The Canons of this code regard only the [[Latin Church]].")</ref>

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

=== Eastern Catholic canon law ===
{{main|Eastern Catholic canon law}}
[[Eastern Catholic canon law]] is the law of the 23 Catholic ''[[sui iuris]]'' [[particular church]]es 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 [[Codex Justinianus|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|1983 ''Code of Canon Law'']].

====Nomocanons====
{{main|Nomocanon}}
A nomocanon (nomokanon) is a collection of [[ecclesiastical law]], consisting of the elements from both the [[Civil law (legal system)|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]] ({{Reign|610|641|lk=abbr}}), 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 I of Constantinople|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.{{sfn|Taylor|1990|p=61}}

====Code of Canons of the Eastern Churches====
{{main|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, [[Eastern canonical reforms of Pius XII|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==
{{main|Jurisprudence of Catholic canon law}}
[[File:Roman Rota.jpg|thumb|right|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 (legal system)|civil law]] and [[common law (legal system)|common law]]<ref>Rommen, Heinrich A., ''Natural Law'', p. 114</ref><ref>Friedman, Lawrence M., ''American Law'', p. 70</ref><ref>Epstein ''et al.'', Contracts: Making and Doing Deals, 3rd Ed.'', p. 13''.</ref> bear the influences of canon law.

{{blockquote|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.<ref>'''Studies in the Civil Law''', p. 43—citing Professor Maitland, "Social England".</ref>|author=|title=|source=}}

Much of the legislative style was adapted from that of [[Roman Law]]<ref>The National Encyclopedia: Volume 2, p. 416</ref> especially the [[Justinian I|Justinianic]] ''[[Corpus Iuris Civilis]]''.<ref>The New York Times, [https://timesmachine.nytimes.com/timesmachine/1904/04/01/100467751.pdf "Pope to Codify Canon Law"] {{Webarchive|url=https://web.archive.org/web/20211007192314/https://timesmachine.nytimes.com/timesmachine/1904/04/01/100467751.pdf |date=2021-10-07 }}, 1-Apr-1904, accessed 25-June-2013</ref><ref>McCormick, Anne O'Hare. ''Vatican Journal'', p. 44</ref> 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.<ref>Comparative Legal Traditions, p. 43</ref> The Catholic Church developed the [[inquisitorial system]] in the Middle Ages.<ref>{{cite book |last1=Lehman |first1=Jeffrey |last2=Phelps |first2=Shirelle |title=West's Encyclopedia of American Law, Vol. 5 | edition=2 |date=2005 |publisher=Thomson/Gale |location=Detroit |isbn=978-0787663742 |page=483}}</ref> The canonists introduced into post-Roman Europe the concept of a [[Rule according to higher law|higher law of ultimate justice]], over and above the momentary law of the state.<ref>Wormser, ''The Story of the LAW'', p. 189</ref>

{{blockquote|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.<ref>Studies in the Civil Law, p. 51</ref>|author=|title=|source=}}

The primary canonical sources of law are the [[1983 Code of Canon Law|1983 ''Code of Canon Law'']],<ref name=Socias /><ref name="canonprimary">Edward Peters, [http://www.canonlaw.info/masterpageEastern.htm CanonLaw.info] {{Webarchive|url=https://web.archive.org/web/20130517025306/http://www.canonlaw.info/masterpageEastern.htm |date=2013-05-17 }}, accessed June-9-2013</ref> the ''[[Code of Canons of the Eastern Churches]]'',<ref name=canonprimary /> and ''[[Pastor Bonus]]''.<ref>Code of Canons of the Eastern Churches, Latin-English Edition, New English Translation (Canon Law Society of America, 2001), page xxv<br />Cf. ''[[Pastor Bonus]]'' n. 2</ref> Other sources include [[apostolic constitution]]s, [[motu proprio|''motibus propriis'']], particular law, and—with the approbation of the competent legislator—[[Custom (Catholic canon law)|custom]]. A law must be [[Promulgation (Catholic canon law)|promulgated]] for it to have legal effect.<ref>1983 Code, canon 7.</ref> A later and contrary law [[obrogation|obrogates]] [[Lex posterior|an earlier law]].

Canonists have formulated interpretive [[Regulæ Juris|rules of law]] for the magisterial (non-legislatorial) [[Interpretation (Catholic canon law)|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.<ref>Catholic Encyclopedia 1913, "Words (In Canon Law)"</ref>

==Philosophy, theology, and fundamental theory of Catholic canon law==
{{Main|Philosophy, theology, and fundamental theory of Catholic canon law}}
[[File:SummaTheologiae.jpg|thumb|right|''Summa theologica'', Pars secunda, prima pars (copy by Peter Schöffer, 1471)]]
Although canonical jurisprudential theory generally follows the principles of [[Aristotelianism|Aristotelian]]-[[Treatise on Law|Thomistic]] [[philosophy of law|legal philosophy]],<ref name=clinfomain/> [[Thomas Aquinas]] never explicitly discusses the place of canon law in his ''[[Treatise on Law]]''<ref>J. Budziszewski, [http://www.undergroundthomist.org/the-architecture-of-law-according-to-thomas-aquinas The Architecture of Law According to Thomas Aquinas] {{Webarchive|url=https://web.archive.org/web/20160314172358/http://www.undergroundthomist.org/the-architecture-of-law-according-to-thomas-aquinas |date=2016-03-14 }}; accessed 14 March 2016</ref> However, Aquinas himself was influenced by canon law.<ref>Blackfriars ''Summa Theologiæ'' Vol. 28, p. 16 [notes by Thomas Gilby O.P. on ''Summa'' Ia-IIæ, q. 90, a. 4]</ref> While many canonists apply the [[Treatise on Law|Thomistic definition of law]] (''lex'') to canon law without objection, some authors dispute the applicability of the [[Thomism|Thomistic]] definition to canon law, arguing that its application would impoverish [[ecclesiology (Catholic Church)|ecclesiology]] and corrupt the very supernatural end of canon law.<ref>Exegetical Commentary on the Code of Canon Law, Vol. I, pp. 261–262 (commentary on 1983 CIC, Book I, Title I)</ref>

In the decades following the [[Second Vatican Council]], many canonists called for a more theological, rather than philosophical, conception of canon law,<ref name="Fundamental71">Errázuriz, "Justice in the Church", p. 71</ref> acknowledging the "triple relationship between theology, philosophy, and canon law".<ref>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</ref> Some authors conceive of canon law as ''essentially'' theological and the discipline of canon law as a theological subdiscipline,<ref name=Fundamental71/> 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."<ref name=Fundamental71/>

The fundamental theory of canon law is a discipline covering the basis of canon law in the very nature of the church.<ref>Errázuriz M., ''Fundamental Theory'', 3</ref> Fundamental theory is a newer discipline that takes as is object "the existence and nature of what is [[justice|juridical]] in the [[Catholic Church|Church of Jesus Christ]]."<ref>Errázuriz M., ''Fundamental Theory'', xvii.</ref> The discipline seeks to better explain the nature of law in the church and engages in theological discussions in post-[[Vatican II|conciliar]] Catholicism<ref>Errázuriz M., ''Fundamental Theory'', 59 ''et seq.''</ref> and seeks to combat "postconciliar antijuridicism".<ref>Errázuriz M., ''Fundamental Theory'', 62</ref>

==Canonistics, faculties, and institutes==
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===
Under the [[1983 Code of Canon Law|1983 ''Code of Canon Law'']], all seminary students are required to take courses in canon law.<ref>1983 CIC, can. 252 §3</ref> Some ecclesiastical officials are required to have the doctorate ([[Doctor of Canon Law|JCD]]) or at least the licentiate ([[Licentiate of Canon Law|JCL]]) in canon law in order to fulfill their functions: judicial vicars;<ref>1983 CIC, can. 1420 §4</ref> judges;<ref>1983 CIC, can. 1421 §3</ref> promoters of justice;<ref name="Canon">1983 CIC, can. 1435</ref> [[defender of the bond|defenders of the bond]];<ref name="Canon"/> canonical advocates.<ref>1983 CIC, can. 1483</ref> In addition, [[vicars general]] and episcopal vicars are to be doctors, or at least licensed in canon law or theology.<ref>1983 CIC, can. 478 §1</ref> Ordinarily, bishops are to have an advanced degree (doctorate or at least licentiate) in scripture, theology, or canon law.<ref>1983 CIC, can. 378 §1 °5</ref>

==See also==
{{see also|Glossary of the Catholic Church}}
{{cmn|
* [[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|Team of priests ''in solidum'']]
* [[Territorial abbot]]
}}

== References ==
=== Citations ===
{{Reflist}}

=== Sources ===
{{refbegin}}
''Arranged alphabetically by author:''
* [[Thomas Aquinas|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).
* [[Harold J. Berman|Berman, Harold J.]], ''Law and Revolution: The Formation of the Western Legal Tradition'' (Cambridge, MA: Harvard University Press, 1983).
* [[Pope Benedict XVI|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 {{Webarchive|url=https://web.archive.org/web/20160404154836/http://w2.vatican.va/content/benedict-xvi/en/speeches/2012/january/documents/hf_ben-xvi_spe_20120121_rota-romana.html |date=2016-04-04 }} 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).
* [[Mary Ann Glendon|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).
* [[Edward N. Peters|Peters, Edward N.]], translator, ''The 1917 or Pio-Benedictine Code of Canon Law: in English Translation with Extensive Scholarly Apparatus'' (Ignatius Press, 2001)
* [[Edward N. Peters|Peters, Edward N.]], JD, [[Doctor of Canon Law|JCD]], Ref. Sig. Ap., ''[http://www.canonlaw.info CanonLaw.info] {{Webarchive|url=https://web.archive.org/web/20130515073427/http://www.canonlaw.info/ |date=2013-05-15 }}''
* 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, ''[[Collier's Encyclopedia|The National Encyclopedia]]: Volume 2'' (New York, P. F. Collier & Son Corporation, 1935).
* {{cite book|last=Taylor|first=Justin|year=1990|chapter=Canon Law in the Age of the Fathers|editor1-last=Hite|editor1-first=Jordan|editor2-last=Ward|editor2-first=Daniel J.|title=Readings, cases, materials in Canon Law: a textbook for ministerial students|edition=Revised|location=Collegeville, MN|publisher=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{{snd}}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).
* [https://www.vatican.va/archive/ENG0015/_INDEX.HTM ''Catechism of the Catholic Church''] {{Webarchive|url=https://web.archive.org/web/20120206103358/https://www.vatican.va/archive/ENG0015/_INDEX.HTM |date=2012-02-06 }} at Vatican.va
* [https://web.archive.org/web/20080220062727/https://www.vatican.va/archive/ENG1104/_INDEX.HTM 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.
{{refend}}

== Further reading ==

* {{Cite book |last=Cicognani |first=Amleto Giovanni |url=http://archive.org/details/canonlawiintrodu0000cico |title=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 |date=1935 |publisher=Dolphin Press |others=Internet Archive |edition=2nd revised |location=Philadelphia |translator-last=O'Hara |translator-first=Joseph M. |author-link=Amleto Giovanni Cicognani |translator-last2=Brennan |translator-first2=Francis}}

==External links==
{{CE poster|Canon Law}}
* [https://web.archive.org/web/20070228185158/https://www.vatican.va/holy_father/john_paul_ii/apost_constitutions/documents/hf_jp-ii_apc_25011983_sacrae-disciplinae-leges_en.html ''Sacrea Disciplinae Leges''] {{link note|note=Document establishing the 1983 Code of Canon Law}}
* [http://www.iuscangreg.it/diritto_universale.php?lang=EN Norms of current canon law] {{link note|note=Table of canonical norms which are currently in force}}
* [http://www.ahereford.org/canonlaw Canon Law Wiki] {{link note|note=Notes, Commentary, Discussion, Papers & Bibliography on Canon Law}}

===Texts and translations of post-1917 canonical codifications===
'''With referenced concordances'''
* [http://www.intratext.com/X/LAT0010.HTM ''Codex Iuris Canonici'' (1983)] {{in lang|la}}
* [https://web.archive.org/web/20080220062727/https://www.vatican.va/archive/ENG1104/_INDEX.HTM ''Code of Canon Law'' (1983)] {{link note|note=Translation by Canon Law Society of America – via ''vatican.va''. Includes 1998 modification of canons 750 and 1371.}}
* [http://www.intratext.com/IXT/ENG0017/_INDEX.HTM ''Code of Canon Law'' (1983)] {{link note|note=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}}
* [http://www.intratext.com/X/LAT0758.HTM ''Codex canonum ecclesiarum orientalium'' (1990)] {{in lang|la}}
* [http://www.intratext.com/X/ENG1199.HTM ''Code of canons of Oriental Churchs'' (1990)] {{link note|note=Translation by Canon Law Society of America}}
* [http://www.intratext.com/X/LAT0813.HTM ''Codex Iuris Canonici'' (1917)] {{in lang|la}} {{link note|note=Abrogated by 1983 ''Code of Canon Law''}}

'''Without concordances'''
* [http://www.jgray.org/codes/cic83eng_annotated.html 1983 ''Code of Canon Law''] {{Webarchive|url=https://web.archive.org/web/20210709034825/http://www.jgray.org/codes/cic83eng_annotated.html |date=2021-07-09 }} {{link note|note=English, updated with post-promulgation legislative revisions.}}
* [http://www.jgray.org/codes/cic83lat_annotated.html 1983 ''Codex Iuris Canonici''] {{Webarchive|url=https://web.archive.org/web/20210513192603/http://www.jgray.org/codes/cic83lat_annotated.html |date=2021-05-13 }} {{link note|note=Latin, updated with post-promulgation legislative revisions.}}

===Historical canon law texts===
* [http://web.colby.edu/canonlaw/ The Medieval Canon Law Virtual Library]
* [http://www.columbia.edu/cu/lweb/digital/collections/cul/texts/ldpd_6029936_001/index.html ''Decretum Gratiani''] (Friedbourg edition)
* [http://digital.library.ucla.edu/canonlaw/ ''Corpus Iuris Canonici'' (1582)]
* [http://catho.org/9.php?d=fn Code de 1917] {{in lang|fr}} {{link note|note=Abrogated by the 1983 ''Code of Canon Law''}}

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