CANON LAW

The inclusion of law as an important part of the life of the Church strikes many people today as improper. After all, is not faith a matter of the Spirit and of the profound exercise of human freedom? Is it not an intimate, personal action so that it is not subject to external control? Should not the living out of such a personal undertaking be eminently free from external constraint and direction? Although such questions as these reflect important truths about the act of faith, they also reflect a view of faith and religion as a purely private act. In addition, one could even say that they reflect a Western culture that has drifted far in the direction of exalting individualism and a notion of freedom with little reference to either truth or the moral obligation flowing from it.

Law is a command issued for the right ordering of a community by the person who has authority over that community. God is the ultimate source of law, and the life of man in society is governed by the natural law written in hearts that we can discover by the use of reason (cf. Rom 2:14-15). Personal relationships in every human society are further ordered by the laws enacted by those who have this authority. God himself may make known his law, as he did among the ancient Jews in the Old Testament and as he did through his Son Jesus Christ and the Apostles in the New Testament.

Sacred Scripture itself gives witness to the importance of law in the life of God’s people. Clearly in the Old Testament the law was important to people. Observing the law was closely associated with the spirituality of the Hebrew people (cf. Lv 11). At its best, their spirituality viewed the law as a great gift from God, based on his love, that his people would observe to show forth their love and their fidelity to him. At other times, observing the law would come to be viewed almost as if it were in and of itself the source of sanctification. The Pharisees in Jesus’ time, for example, seem to have viewed the law from this perspective.

Jesus did not reject the law and the prophets. Rather, he indicated that he came to fulfill them (Mt 5:17). St. Paul, often quoted in his denunciations of the law, actually helped significantly to clarify its proper role. His letters make clear that the Church is not simply an unstructured community, but one in which authority is present and is to be exercised for the good of the community (1 Cor 5 and 6). In those early days, law may not have been written, but the community had public and common expectations. “Stand firm, then, brothers, and keep the traditions that we taught you, whether by word of mouth or by letter” (2 Thes 2:15).

Development of Canon Law • From the earliest days the leaders of the Church gathered and made common decisions clearly intended to direct the community (cf. Acts 15:23-29). Throughout the early years there were synods and gatherings, usually local or regional meetings but sometimes general councils, that took decisions to order the life of the Church. From these early times, the decisions of Church authorities have often been articulated in brief, concise statements called canons (ultimately from the Greek kanon, meaning rule or measure of action). These canons were laws, and were frequently drawn together in great collections, such as the Dionysiana (c. 500) or the collections of St. Isidore based on the councils of Toledo (c. 589).

In some respects the canons were not uniform. Insofar as they reflected the basic structure and doctrine of the Church, they show remarkable unity, but other matters are more variable. The style of conducting the life of the Church, for example, reflected local cultures. The laws invariably articulated the teaching of the Church and often the ways of acting that flowed from that teaching. Consistently, the canons dealt with promoting the pastoral life of the Church by ordering the life of the clergy, of married persons, and ecclesial activity.

Canon law began to emerge as a science numbered among the sacred disciplines of the Church with the work of Gratian, who wrote his Concordantia Discordantium Canonum in 1140. Since that time, the study of the sacred canons has been one of the major areas of study in the life of the Church.
Canon Law in Modern Times • In modern times the law of the Latin Rite Church has become increasingly organized. After the Council of Trent, Church law was brought together by a commission of cardinals (1580-1582) into an organized collection called the Corpus Iuris Canonici. This collection was never officially promulgated separately, but the laws had the force that they had from their original source of promulgation. This collection served as the primary source of law for the Western Church into the twentieth century.

At the First Vatican Council (1870), some dissatisfaction was expressed with this now dated collection, and there were calls for a codification that would be similar to a technical reorganization of law such as that which had occurred under Napoleon in France. Such a codification involved formal organization, precise technical terms, and brief statements of the law itself. In 1904, Pope St. Pius X directed the undertaking of such codification. This process came to fruition in 1917, when Pope Benedict XV promulgated the Code of Canon Law. The Latin Rite Church lived under this codified law for most of the twentieth century.

On January 25, 1959, Pope John XXIII announced major initiatives for the Church. He called for a synod for the church in Rome, he called for a general council of the universal Church, and he called for a revision of the law of the Church. Pope John presided over the synod and began the Second Vatican Council. He also established in May of 1963 a commission that was to undertake the revision of the law of the Church. The work of this commission was formally begun by Pope Paul VI on October 20, 1965.

This reworking of the Code of Canon Law was to be rooted firmly in the mystery of the Church. It was to formulate in concrete terms the teaching and decisions of the Second Vatican Council. It was to be pastorally sensitive, which does not mean unstructured or not binding in conscience. The Church’s richer and more complete self-understanding was to be reflected. In fact, shortly before the revised Code of Canon Law came into effect, Pope John Paul II stated that “the study of the code is a school of the Council” (November 21, 1983).

The first World Synod of Bishops in April, 1967, enunciated ten principles to guide the reworking of the Code of Canon Law. Among them were the following: The articulation of the law must remain juridic in character, that is, it must be precise and technical; the law must serve the spiritual purpose of the Church; charity, temperance, and moderation must be evident; the governing power of the diocesan bishop is to be recognized positively, since this was one of the primary emphases of the Second Vatican Council; subsidiarity is to be respected, that is, local-level legislation is to be requested and even encouraged; rights of persons are to be safeguarded; the territorial principle of organization for the life of the Church and its ministry is to be maintained, although some exceptions could be made to assist special groups of persons; and a new systematic arrangement of the law of the Church is to be sought.

The drafting process continued, with working groups of various kinds and with significant consultation, until 1980, when the first major full draft was prepared. Again, consultation was welcomed. This included a meeting of representatives of the world’s bishops and various experts in October of 1981. Finally, in January of 1983, the revised Code of Canon Law for the Latin Church was promulgated, to become effective on the First Sunday of Advent of that year.
The Revised Code of 1983 • The 1983 Code is a remarkable achievement. It reflects the teaching of the Second Vatican Council, even incorporating its terminology. Some things were dropped that had been included in the 1917 code and in prior legislation: The system of benefices for clergy, for example, was eliminated; details of the process of canonization and of the organization of the Roman Curia were no longer included. Other things were added. The duties and rights of the baptized were more clearly enunciated. A much-expanded role of laypersons in the life of the Church was happily embraced. Such new institutes in the life of the Church as conferences of bishops, presbyteral councils, diocesan and parish pastoral councils, and finance councils at many levels were introduced. One finds no distinction between laywomen and laymen, with the exception of admission to certain public ministries.

There was extensive and systematic use of the threefold aspect of the mission of the Church: the teaching, sanctifying, and governing functions. All the baptized are seen to share in these functions in their own way. The role of those in Holy Orders is very clearly delineated, especially the role of the diocesan bishop.
This Code of Canon Law applies to the Latin Rite Church around the world. At the same time, it is not the only canon law in the Church. There also is a Code of Canons for the Eastern Catholic Churches. In addition, there are other laws issued by appropriate Church authorities for smaller groupings. All are canon law. The latter is termed “particular law” and is very important in the everyday life of the Church. Communities of consecrated life (religious communities) and other groups have their own properly approved laws. In addition, the bishop of each diocese regulates diocesan life by promulgating laws for that particular diocese. While these cannot contradict the general law, within its context they make provision for special circumstances that reflect the culture and time of various local churches.

Eastern Canon Law • The Latin Rite Church includes those churches that have depended primarily on the See of Rome in formulating liturgy and practices of piety and as a primary source for the articulation of Church teaching. Other churches have based their lives on venerable traditions deriving from important ancient sees such as Alexandria, Antioch, Armenia, Chaldea, and Constantinople. These churches ascribe particular significance to the early ecumenical councils and to the decisions of their patriarchs. (The Maronite Church of Lebanon presents a special case.) Although, sadly, it has not always been so, the Latin Rite Church today is increasingly recognizing the beauty, dignity, and value of these other ancient churches.

Overcoming major historical difficulties, various groups from these Eastern Rites have come into full communion with the Catholic Church during recent centuries. The Popes, as successors of St. Peter and pastors of the universal Church, have desired to maintain and promote the life of these ancient churches. This was seen as a concrete means of expressing the catholicity of the Church and the richness of her heritage. The Second Vatican Council expressed this clearly in the Dogmatic Constitution on the Church, Lumen Gentium, 23, and stated that this diversity “in no way harms her unity, but rather manifests it” (Decree on Eastern Catholic Churches, Orientalium Ecclesiarum, 2).

The process of bringing the law of the Eastern Churches into a code to serve their life took more than sixty years. Pius XI established a commission of cardinals to begin the process in 1929. After this commission completed its work, another commission was established in 1935 to begin the actual composition of the Code of Eastern Canon Law. Segments were promulgated as they were completed, especially by a series of apostolic letters of Pope Pius XII. This particular commission was terminated in 1972, when a Pontifical Commission for the Revision of the Code of Eastern Canon Law was established. After a long process, which included extensive consultation with the bishops of the Eastern Catholic Churches, its work was accepted by a unanimous vote of its members in November, 1988. The resulting document represents a monumental historical achievement, since it brings together in an orderly way the rich ecclesial heritage of the Eastern Rite Churches that, although they have originally shared much, also have traveled different historical paths for many centuries. The final product, Code of Canons of the Eastern Churches, was promulgated on October 18, 1990, by Pope John Paul II, Bishop of Rome, to become effective on October 1, 1991.

In keeping with the principles adopted early on by the commission, the Code of Canons for the Eastern Churches was to respect the rich heritage of these churches and to be truly Eastern so that it might support and preserve the proper discipline of the Eastern Churches. It also was to be ecumenically sensitive to Eastern Churches not in full communion with the Catholic Church. It should be juridical in nature, clearly defining and protecting the rights and obligations of persons toward one another and also toward the Church herself. It was to be pastorally sensitive, not imposing unnecessary burdens. It should respect the principle of subsidiarity, being especially open to committing many matters to the particular law of the various Eastern Churches. The organization of the Code of Canons of the Eastern Churches was seen as different from that of the Code of Canon Law for the Latin Church. It would reflect the extensive work already accomplished in service of Eastern canon law in this century. This code in its final form clearly reflects the reaching and discipline of the Second Vatican Council. It incorporates the legacy of the Eastern Churches, even while moving toward appropriate unity. It is certainly open to the Eastern Churches not in full communion with the Catholic Church.

Nature and Function of Canon Law • The canons of canon law are called sacred because they exist in service of the life of God’s holy people. They are intimately connected with the concrete, historical life of this Spirit-led people. Because of their deep roots in the history of the Church, they help us remain in fundamental continuity with the Church of all ages. They help to preserve the wisdom discovered by our forebears acting under the guidance of the Holy Spirit. They offer practical guidance in being faithful to the Gospel in a variety of concrete historical circumstances. If welcomed appropriately, they can help preserve our Catholic identity.

The law of the Church accomplishes many things. It articulates concisely and clearly the beliefs of the Church, not primarily for catechetical purposes but rather as the basis for further discipline and direction found in the law. It indicates the mutual duties and rights of the baptized. Especially in its most recent expressions, it underscores the great dignity of the baptized as daughters and sons of God and helps the life of the Church to reflect more clearly the fundamental equality of all baptized persons.

Consideration of the topics treated in the law of the Church points to matters that the Church holds important. Clearly, respecting persons and their duties and rights within the Church is very important. Maintaining the purity of the Gospel proclamation and making clear who may proclaim it and teach in the name of the Church are of high priority. Worship is of great importance, especially the Sacrifice of the Mass and the sacraments. One also finds emphasis on a spirit of service, especially toward the poor, while proper care and formation in the faith for children and young people are of major consequence.

Canon law helps to maintain good order in the Church. Besides underscoring the dignity of each baptized person, the law of the Church sets down procedures and standards whereby all can know who is responsible in the Church and to whom individuals can turn to have their rights vindicated. The role of the Roman Pontiff and the offices of the Roman Curia that serve his universal ministry are briefly sketched in the code. The procedure for the selection of bishops and for a diocesan bishop to take possession of his diocese is stated, as is the basic structure of a diocese, including the duties and responsibilities of parish priests and others who serve as chaplains. It is important for people to know to which diocese and parish they belong so that they can appropriately seek the Church’s ministry and expect to be served. People in general need to know who speaks for the Church. In any organization it is important that such questions be answered, but especially so in a Church that is universal and finds herself existing in a great variety of cultures around the world.

The Church is not about law. Law exists to serve the life of the Church. In his apostolic constitution Sacrae Disciplinae Leges, by which he promulgated the revised Code of Canon Law for the Latin Church, Pope John Paul II has made this point clearly: “This being so, it appears sufficiently clear that the Code is in no way intended as a substitute for faith, grace, charisms, and especially charity in the life of the Church and of the faithful. On the contrary, its purpose is rather to create such an order in ecclesial society that, while assigning the primacy to love, grace, and charisms, it at the same time renders their organic development easier in the life of both the ecclesial society and the individual persons who belong to it.”

In recent years, the unity of the Church has increasingly been described in terms of communion. This communion is the unity of men among themselves, as well as their union with God as established by Jesus Christ. It is not purely invisible. It includes also the visible and juridical relationships among Christ’s faithful within the unity of the Church’s profession of faith, sacramental life, and governance (cf. Canon 203). The visible unity served by canon law is in service of the invisible communion at the heart of the Church.

See: Catholic Identity; Church, Nature, Origin, and Structure of; Civil Law; Communio; Ecclesial Rights and Duties; Orthodox Churches; Pope; Rites.
Suggested Readings: CCC 771, 871-933, 1951. Vatican Council II, Dogmatic Constitution on the Church, Lumen Gentium, Ch. III. John Paul II, Sacrae Disciplinae Leges. C. Burke, Authority and Freedom in the Church. R. Shaw, Understanding Your Rights and Responsibilities.

John J. Myers




Russell Shaw. Our Sunday Visitor's Encyclopedia of Catholic Doctrine. Copyright © 1997, Our Sunday Visitor.

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Last Updated: Sunday, April 01, 2001 03:24:19 PM