Canon law

Greek kanon / Ancient Greek: κανών,[3] Arabic qaanoon / قانون, Hebrew kaneh / קָנֶה, 'straight'; a rule, code, standard, or measure; the root meaning in all these languages is 'reed'; see also the Romance-language ancestors of the English word cane.

The Apostolic Canons[4] or Ecclesiastical Canons of the Same Holy Apostles[5] is a collection of ancient ecclesiastical decrees (eighty-five in the Eastern, fifty in the Western Church) concerning the government and discipline of the Early Christian Church, incorporated with the Apostolic Constitutions which are part of the Ante-Nicene Fathers. In the fourth century, the First Council of Nicaea (325) calls canons the disciplinary measures of the Church: the term canon, κανὠν, means in Greek, a rule. There is a very early distinction between the rules enacted by the Church and the legislative measures taken by the State called leges, Latin for laws.[6]

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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 Pastor bonus Pontificalis Domus 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 Decretum Gelasianum 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 (Pius IV) 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 Archeparchy Eparchy Exarchate Ordinariate for Eastern Catholic faithful Protosyncellus Territory dependent on the Patriarch
Liturgical law Latin Church General Roman Calendar Ranking of liturgical days in the Roman Rite General Instruction of the Roman Missal Code of Rubrics Scripturarum thesaurus Liturgiam authenticam Magnum principium Mysterii Paschalis Sacrosanctum concilium Tra le sollecitudini Musicam sacram Summorum Pontificum Quattuor abhinc annos Ecclesia Dei Red Mass Holy Day of Obligation
Sacramental law Communicatio in sacris Ex opere operato Omnium in mentem Valid but illicit Sacraments Holy Orders Impediment (Catholic canon law) Abstemius Defect of birth Obligation of celibacy Nullity of Sacred Ordination Apostolicae curae Dimissorial letters Episcopal Co-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 Bigamy 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 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 Archeparchy Eparchy Eparchal curia Territory dependent on the Patriarch Military ordinariate Mission sui juris Personal ordinariate Anglicanorum Coetibus Juridic persons Parish Team of priests in solidum Collegiate church 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 (Catholic canon law) Custom Delegata potestas non potest delegari Derogation Dispensation Taxa Innocentiana Faculty Indult Impediment Interpretation Pontifical Council for Legislative Texts Jurisdiction Peritus Obreption & subreption Obrogation Promulgation Resignation of the Roman Pontiff Sede vacante Simony Vacatio legis Valid but illicit 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 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 1398 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 excommunicated cardinals Interdict (Catholic canon law) Internal forum Laicization (penal) Latae 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 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
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Image of pages from the Decretum of Burchard of Worms, the 11th-century book of canon law.

In the Catholic Church, canon law is the system of laws and legal principles made and enforced by the Church's hierarchical authorities to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the Church.[7]

In the Latin Church, positive ecclesiastical laws, based directly or indirectly upon immutable divine law or natural law, derive formal authority in the case of universal laws from the supreme legislator (i.e., the Supreme Pontiff), who possesses the totality of legislative, executive, and judicial power in his person,[8] while particular laws derive formal authority from a legislator inferior to the supreme legislator. The actual subject material of the canons is not just doctrinal or moral in nature, but all-encompassing of the human condition,[9] and therefore extending beyond what is taken as revealed truth.

The Catholic Church also includes the main five rites (groups) of churches which are in full union with the Holy See and the Latin Church:

1. Alexandrian Rite Churches which include the Coptic Catholic Church, Eritrean Catholic Church, and Ethiopian Catholic Church.
2. West Syriac Rite which includes the Maronite Church, Syriac Catholic Church and the Syro-Malankara Catholic Church.
3. Armenian Rite Church which includes the Armenian Catholic Church.
4. Byzantine Rite Churches which include the Albanian Greek Catholic Church, Belarusian Greek Catholic Church, Bulgarian Greek Catholic Church, Greek Catholic Church of Croatia and Serbia, Greek Byzantine Catholic Church,[10] Hungarian Greek Catholic Church, Italo-Albanian Catholic Church, Macedonian Greek Catholic Church, Melkite Greek Catholic Church, Romanian Greek Catholic Church, Russian Greek Catholic Church, Ruthenian Greek Catholic Church, Slovak Greek Catholic Church and Ukrainian Greek Catholic Church.
5. East Syriac Rite Churches which includes the Chaldean Catholic Church and Syro-Malabar Church.

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

The Eastern Orthodox Church, principally through the work of 18th-century Athonite monastic scholar Nicodemus the Hagiorite, has compiled canons and commentaries upon them in a work known as the Pēdálion (Greek: Πηδάλιον, 'Rudder'), so named because it is meant to "steer" the Church in her discipline. The dogmatic determinations of the Councils are to be applied rigorously since they are considered to be essential for the Church's unity and the faithful preservation of the Gospel.[23]

In the Church of England, the ecclesiastical courts that formerly decided many matters such as disputes relating to marriage, divorce, wills, and defamation, still have jurisdiction of certain church-related matters (e.g. discipline of clergy, alteration of church property, and issues related to churchyards). Their separate status dates back to the 12th century when the Normans split them off from the mixed secular/religious county and local courts used by the Saxons. In contrast to the other courts of England, the law used in ecclesiastical matters is at least partially a civil law system, not common law, although heavily governed by parliamentary statutes. Since the Reformation, ecclesiastical courts in England have been royal courts. The teaching of canon law at the Universities of Oxford and Cambridge was abrogated by Henry VIII; thereafter practitioners in the ecclesiastical courts were trained in civil law, receiving a Doctor of Civil Law (D.C.L.) degree from Oxford, or a Doctor of Laws (LL.D.) degree from Cambridge. Such lawyers (called "doctors" and "civilians") were centered at "Doctors Commons", a few streets south of St Paul's Cathedral in London, where they monopolized probate, matrimonial, and admiralty cases until their jurisdiction was removed to the common law courts in the mid-19th century.

Other churches in the Anglican Communion around the world (e.g., the Episcopal Church in the United States and the Anglican Church of Canada) still function under their own private systems of canon law.

In 2002 a Legal Advisors Consultation meeting at Canterbury concluded:

(1) There are principles of canon law common to the churches within the Anglican Communion; (2) Their existence can be factually established; (3) Each province or church contributes through its own legal system to the principles of canon law common within the Communion; (4) these principles have strong persuasive authority and are fundamental to the self-understanding of each of the member churches; (5) These principles have a living force, and contain within themselves the possibility for further development; and (6) The existence of the principles both demonstrates and promotes unity in the Communion.[24]

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

Roman canon law had been criticized by the Presbyterians as early as 1572 in the Admonition to Parliament. The protest centered on the standard defense that canon law could be retained so long as it did not contradict the civil law. According to Polly Ha, the Reformed Church Government refuted this, claiming that the bishops had been enforcing canon law for 1500 years.[25]

The Book of Concord is the historic doctrinal statement of the Lutheran Church, consisting of ten credal documents recognized as authoritative in Lutheranism since the 16th century.[26] However, the Book of Concord is a confessional document (stating orthodox belief) rather than a book of ecclesiastical rules or discipline, like canon law. Each Lutheran national church establishes its own system of church order and discipline, though these are referred to as "canons."

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

• Baker, J.H. An Introduction to English Legal History, 4th edn. London: Butterworths, 2002. ISBN 0-406-93053-8
• Beal, John P., James A. Coriden, & Thomas J. Green. New Commentary on the Code of Canon Law. New York: Paulist Press, 2000.
• Brundage, James A. The Medieval Origins of the Legal Profession: Canonists, Civilians, and Courts. Chicago: University of Chicago Press, c2008.
• Brundage, James A. Medieval Canon Law. London/New York: Longman, 1995.
• Coriden, James A. An Introduction to Canon Law, revised edn. New York: Paulist Press, 2004.
• Coriden, James A., Thomas J. Green, & Donald E. Heintschel, eds. The Code of Canon Law: A Text and Commentary. New York: Paulist Press, 1985.
• Coughlin, John J., O.F.M. Canon Law: A Comparative Study with Anglo-American Legal Theory. Oxford: Oxford University Press, 2010.
• Della Rocca, Fernando. Manual of Canon Law. Trans. by Rev. Anselm Thatcher, O.S.B. Milwaukee: The Bruce Publishing Company, 1959.
• The Episcopal Church. Constitution and Canons, together with the Rules of Order for the Government of the Protestant Episcopal Church in the United States of America, otherwise known as The Episcopal Church. New York: Church Publishing, Inc., 2006.
• Hartmann, Wilfried & Kenneth Pennington, eds. The History of Medieval Canon Law in the Classical Period, 1140-1234: From Gratian to the Decretals of Pope Gregory IX. Washington, D.C.: The Catholic University of America Press, 2008.
• Hartmann, Wilfried & Kenneth Penningon, eds. The History of Byzantine and Eastern Canon Law to 1500. Washington, D.C.: The Catholic University of America Press, 2011.
• R. C. Mortimer. Western Canon Law. London: A. and C. Black, 1953.
• Nedungatt, George, ed. (2002). A Guide to the Eastern Code: A Commentary on the Code of Canons of the Eastern Churches. Rome: Oriental Institute Press.
• Robinson, O.F., T.D. Fergus, & W.M. Gordon. European Legal History, 3rd edn. London: Butterworths, 2000. ISBN 0-406-91360-9
• Wagschal, David. Law and Legality in the Greek East: The Byzantine Canonical Tradition, 381–883. Oxford: Oxford University Press, 2015.
• Witte, John, Jr. & Frank S. Alexander, eds. Christianity and Law: An Introduction. Cambridge: Cambridge University Press, 2008.