Introduction to Canon Introduction to Canon LawLaw

Pastoral Leadership ProgramPastoral Leadership Program

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2006-20072006-2007

What is Canon Law?What is Canon Law?

Canon lawCanon law is the body of is the body of laws and regulations laws and regulations made by or adopted by an ecclesiastical made by or adopted by an ecclesiastical authority,authority, for the government of the Christian for the government of the Christian (Catholic) Church and its members. (Catholic) Church and its members.

‘‘Canon’ comes from the Greek word, Canon’ comes from the Greek word, kanon, kanon, which means which means a rule or practical directiona rule or practical direction..

The The Code of Canon LawCode of Canon Law is a collection of the laws is a collection of the laws and regulations of the universal Roman and regulations of the universal Roman Catholic Church for those of Latin rite. Catholic Church for those of Latin rite.

History of Canon LawHistory of Canon Law((body of laws made or adopted by an ecclesiastical body of laws made or adopted by an ecclesiastical

authority)authority)

Canon law is not a static system of rules Canon law is not a static system of rules and regulations, but one which has evolved and regulations, but one which has evolved and which continues to evolve. Some laws and which continues to evolve. Some laws are made in response to a particular are made in response to a particular question, others are adopted from other question, others are adopted from other communities or legal systems.communities or legal systems.

Although usually promulgated by a Church Although usually promulgated by a Church ‘authority’, the law of the Church is shaped ‘authority’, the law of the Church is shaped by the internal needs of the Church, its by the internal needs of the Church, its interaction with other churches and interaction with other churches and cultures, and changes in the circumstances cultures, and changes in the circumstances of its members.of its members.

Enacting and enforcing rules is an integral Enacting and enforcing rules is an integral part of Church renewal. It is as we react to part of Church renewal. It is as we react to and learn from our surroundings, respond to and learn from our surroundings, respond to challenges by other faiths and communities, challenges by other faiths and communities, and adopt new ways that the Church and adopt new ways that the Church evolves. evolves.

By looking at different periods in the history of By looking at different periods in the history of the Catholic Church, we can discern the role the Catholic Church, we can discern the role that Canon Law played in the Church’s that Canon Law played in the Church’s development, and conclude that we too are development, and conclude that we too are living in a period of reform.living in a period of reform.

The Early ChurchThe Early Church(1(1stst- 4- 4thth centuries) centuries)

After the New testament, the earliest After the New testament, the earliest form of Church law was the recorded form of Church law was the recorded customs of the early Christian customs of the early Christian communities. communities.

These customs addressed the way These customs addressed the way that sacraments were administered, that sacraments were administered, ecclesiastical leaders were elected, ecclesiastical leaders were elected, and resolved conflicts and disputes and resolved conflicts and disputes which troubled the early church. which troubled the early church.

The Early Church (cont.)The Early Church (cont.)

During this time a synodal or During this time a synodal or conciliar process developed, wherein conciliar process developed, wherein church leaders from a particular area church leaders from a particular area or region would come together to or region would come together to discuss and find a common solution discuss and find a common solution to questions of doctrine and to questions of doctrine and discipline. These conclusions were discipline. These conclusions were then communicated to other then communicated to other churches.churches.

One of the most important influences during One of the most important influences during this time was the law of the Roman Empire. this time was the law of the Roman Empire. The Christian community was an often-The Christian community was an often-persecuted minority religious group persecuted minority religious group congregated in the major urban centers of the congregated in the major urban centers of the empire, and while free to develop its own empire, and while free to develop its own structures, the lives of its members were structures, the lives of its members were organized by Roman Law. Thus when new organized by Roman Law. Thus when new structures or means of resolution were needed, structures or means of resolution were needed, these were often imported from the Roman these were often imported from the Roman legal code (i.e. legal code (i.e. diocesediocese and and province province originally originally referred to subdivisions in the Empire). referred to subdivisions in the Empire).

The Years of EmpireThe Years of Empire(4(4thth to 8 to 8thth Centuries) Centuries)

When Constantine officially made Christianity When Constantine officially made Christianity the religion of state (Edict of Milan in 313), the religion of state (Edict of Milan in 313), the Church found itself in a position of power the Church found itself in a position of power and privilege, and was gradually able to and privilege, and was gradually able to negotiate a balanced alliance with secular negotiate a balanced alliance with secular rulers wherein the Church had autonomy in rulers wherein the Church had autonomy in matters of faith, clerical discipline, liturgy, matters of faith, clerical discipline, liturgy, and the administration of church goods. At and the administration of church goods. At the same time , the Church upheld the the same time , the Church upheld the authority of the imperial government in authority of the imperial government in matters outside of its personal competence. matters outside of its personal competence.

During this time the church grew vastly, During this time the church grew vastly, spreading beyond the urban centers into the spreading beyond the urban centers into the countryside and villages. The Bishop became the countryside and villages. The Bishop became the sole authority in each diocese, with presbyters sole authority in each diocese, with presbyters sent to lead outlying communities.sent to lead outlying communities.

The consequent development of Church rules and The consequent development of Church rules and practices depended heavily on the law of the practices depended heavily on the law of the empire, culminating with the crowning of empire, culminating with the crowning of Charlemagne as Holy Roman Emperor in 800. Charlemagne as Holy Roman Emperor in 800.

Because of the importance of Rome as the capital Because of the importance of Rome as the capital of the empire, the Bishop of Rome gradually of the empire, the Bishop of Rome gradually evolved into a figure of central authority (the evolved into a figure of central authority (the primacy of the See of Rome and the Pope as primacy of the See of Rome and the Pope as successor of Peter).successor of Peter).

FeudalismFeudalism(8(8thth to 12 to 12thth centuries) centuries)

As the Roman empire crumbled and the As the Roman empire crumbled and the northern Europeans (primarily northern Europeans (primarily Germanic) rose to prominence, the Germanic) rose to prominence, the customary emphasis of their legal customary emphasis of their legal systems gradually gained prominence. systems gradually gained prominence. Unlike the Roman legal system, these Unlike the Roman legal system, these people did not depend on people did not depend on written law written law but on oral customsbut on oral customs. In order to obtain . In order to obtain force, these customs had to be rooted force, these customs had to be rooted in the life of the people they were in the life of the people they were meant to compel. meant to compel.

A system of benefices developed, whereby A system of benefices developed, whereby a pastorate was ‘gifted’ to a priest by the a pastorate was ‘gifted’ to a priest by the local lord, and the revenue of the lands local lord, and the revenue of the lands attached to the parish became his in attached to the parish became his in payment.payment.

The ‘privatization’ of Church offices (which The ‘privatization’ of Church offices (which included the appointment of bishops and included the appointment of bishops and abbots) was gradually brought to an end as abbots) was gradually brought to an end as a result of the ‘lay investiture controversy’ a result of the ‘lay investiture controversy’ and the Gregorian reform. The College of and the Gregorian reform. The College of Cardinals was created and given the Cardinals was created and given the exclusive power to elect the pope. exclusive power to elect the pope.

The Classical PeriodThe Classical Period(12(12thth to 14 to 14thth century) century)

Due in part to the strength of the papacy Due in part to the strength of the papacy following the investiture controversy, this following the investiture controversy, this was period of great development in canon was period of great development in canon law. law.

The popes claimed broader legislative, The popes claimed broader legislative, judicial, and administrative powers, resulting judicial, and administrative powers, resulting in the promulgation of rules and decisions, in the promulgation of rules and decisions, which were then collected and studied. Four which were then collected and studied. Four ecumenical councils also produced canonical ecumenical councils also produced canonical regulations to be studied and codified. regulations to be studied and codified.

The Classical PeriodThe Classical Period

Scholars of canon law turned again to Scholars of canon law turned again to Roman law, supplementing the existing Roman law, supplementing the existing canons with laws taken from the Roman canons with laws taken from the Roman system. system.

As popes and bishops relied on canon law As popes and bishops relied on canon law to underpin their authority and actions, to underpin their authority and actions, Pope Gregory IX promulgated a collection Pope Gregory IX promulgated a collection of decretals in 1234, making this the first of decretals in 1234, making this the first official and exclusive source of rules for official and exclusive source of rules for the whole Church. the whole Church.

ReformReform(14(14thth-18-18thth Centuries) Centuries)

The Protestant Reformation of the 16The Protestant Reformation of the 16thth century combined with other factors to erode century combined with other factors to erode the authority of the Roman Catholic Church the authority of the Roman Catholic Church

Significantly, Luther announced his defiance Significantly, Luther announced his defiance of papal authority by burning books of canon of papal authority by burning books of canon law, claiming that they had achieved greater law, claiming that they had achieved greater importance for church authorities than the importance for church authorities than the ‘commands of God’. ‘commands of God’.

Since the classical period, canon law had Since the classical period, canon law had become increasingly distanced from its become increasingly distanced from its pastoral purpose.pastoral purpose.

ReformReform Slowly recognizing the need for reform, Pope Slowly recognizing the need for reform, Pope

Paul III convened a general council in Trent.Paul III convened a general council in Trent. In addition to doctrinal clarifications, the In addition to doctrinal clarifications, the

work of the Council of Trent focused on work of the Council of Trent focused on decrees designed to bring about Church decrees designed to bring about Church reform. reform.

The results of the council included the The results of the council included the restoration of the power of the episcopate, restoration of the power of the episcopate, new regulations on the clergy, the reform of new regulations on the clergy, the reform of the rules for contracting marriage, and a the rules for contracting marriage, and a renewed emphasis on pastoral needs. renewed emphasis on pastoral needs.

In addition to this change and renewal In addition to this change and renewal in canon law, the missionary activity of in canon law, the missionary activity of the Church and the ‘discovery’ and the Church and the ‘discovery’ and exploration of new worlds led to new exploration of new worlds led to new growth in the development of canon growth in the development of canon law as the missionaries encountered law as the missionaries encountered circumstances which required solutions circumstances which required solutions to disciplinary problems, as well as to disciplinary problems, as well as guidance in resolving other tensions guidance in resolving other tensions and dialogues with native cultures. and dialogues with native cultures.

The Modern World The Modern World (the 19(the 19thth century) century)

As opposed to the years surrounding the As opposed to the years surrounding the investiture controversy, by the nineteenth investiture controversy, by the nineteenth century the Church was no longer engaged in century the Church was no longer engaged in a battle for supremacy with secular leaders, a battle for supremacy with secular leaders, but rather was engaged in a battle for but rather was engaged in a battle for survival.survival.

The result of the enlightenment, the French The result of the enlightenment, the French Revolution, and the development of the Revolution, and the development of the modern secular state was that church modern secular state was that church authorities had to fight to retain enough authorities had to fight to retain enough freedom and leverage to continue to provide freedom and leverage to continue to provide the opportunity to worship and offer witness. the opportunity to worship and offer witness.

The Modern WorldThe Modern World

This time saw a return of the struggle over This time saw a return of the struggle over the primacy of the Pontiff, with some the primacy of the Pontiff, with some arguing for the establishment of national arguing for the establishment of national churches, led by bishops possessed with full churches, led by bishops possessed with full power and recognized as successors of the power and recognized as successors of the apostles. These bishops would cooperate apostles. These bishops would cooperate with the pope in the governance of the with the pope in the governance of the universal church. The argument was ended universal church. The argument was ended and the supremacy of the papacy was and the supremacy of the papacy was established by the First Vatican Council in established by the First Vatican Council in 1870. 1870.

1917 Code of Canon Law1917 Code of Canon Law(first half of the 20th century)(first half of the 20th century)

Called the Pio-Benedictine Code of Canon Called the Pio-Benedictine Code of Canon Law because it was started by Pius X in Law because it was started by Pius X in 1904 and completed under Benedict XV in 1904 and completed under Benedict XV in 1914 (1917).1914 (1917).

This was to be the first official collection of This was to be the first official collection of canons since 1317.canons since 1317.

Since that time, the number of canons had Since that time, the number of canons had become vast and they had never been become vast and they had never been systematically arranged or placed in systematically arranged or placed in chronological order.chronological order.

This was the first ‘code’ rather than This was the first ‘code’ rather than collection of canons, reflecting a desire collection of canons, reflecting a desire to create a carefully constructed and to create a carefully constructed and conceptually sound system of law.conceptually sound system of law.

With its promulgation on Pentecost of With its promulgation on Pentecost of 1917, all previous canonical 1917, all previous canonical enactments were set aside. The norms enactments were set aside. The norms found in the Pio-Benedictine Code came found in the Pio-Benedictine Code came into effect the following year.into effect the following year.

Significantly, the Code reflected the drive Significantly, the Code reflected the drive to centralize the authority of popes and to centralize the authority of popes and bishops, and dictated an extreme bishops, and dictated an extreme uniformity in church practice.uniformity in church practice.

On the positive side, the Code provided On the positive side, the Code provided clear answers to pastoral and spiritual clear answers to pastoral and spiritual questions. On the negative, such concrete questions. On the negative, such concrete directions quickly became outdated as the directions quickly became outdated as the requirements for ministry in the modern requirements for ministry in the modern world changed. world changed.

The New CodeThe New Code(2(2ndnd half of the 20 half of the 20thth century) century)

Process of revising the Code begun in Process of revising the Code begun in 1959 by Pope John XXIII.1959 by Pope John XXIII.

Commission for revision began Commission for revision began shortly after the convening of the shortly after the convening of the Second Vatican Council and finished Second Vatican Council and finished with the promulgation of the New with the promulgation of the New Code by Pope John Paul II in 1983. Code by Pope John Paul II in 1983.

Process began with the delineation of ten Process began with the delineation of ten principles for the revision of the Code. principles for the revision of the Code.

The emphasis of these principles was on The emphasis of these principles was on the need for a pastoral emphasis in the need for a pastoral emphasis in canon law, an increased autonomy for canon law, an increased autonomy for diocesan bishops, and a respect for the diocesan bishops, and a respect for the rights of all persons. Penal law and rights of all persons. Penal law and prohibitions were reduced to a minimum.prohibitions were reduced to a minimum.

TodayToday(21(21stst Century) Century)

Should we currently expect another Should we currently expect another revision of the Code of Canon Law?revision of the Code of Canon Law?

Theology and Canon LawTheology and Canon Law What is the relationship between theology What is the relationship between theology

and canon law? and canon law? Theology and canon law are two distinct, but Theology and canon law are two distinct, but

harmonious, disciplines, each aimed towards harmonious, disciplines, each aimed towards the building up of the Body of Christ.the building up of the Body of Christ.

The primary source of theology is the words The primary source of theology is the words and deeds of God as revealed to us.and deeds of God as revealed to us.

The primary source of canon law is rules The primary source of canon law is rules created by human agents who have been created by human agents who have been granted authority in the Church (bishops and granted authority in the Church (bishops and popes)popes)

The role of a theologian is to discern values The role of a theologian is to discern values for the Christian community, based on for the Christian community, based on revealed truths.revealed truths.

The role of the canon lawyer is to create The role of the canon lawyer is to create and interpret norms of action to help the and interpret norms of action to help the Christian community attain the values Christian community attain the values identified by the theologians. identified by the theologians.

The norms contained within canon law The norms contained within canon law should be seen as only one means to attain should be seen as only one means to attain those values, and should be set aside when those values, and should be set aside when new means or means better suited to the new means or means better suited to the particular circumstances arise. particular circumstances arise.

Canon law must depend on theology Canon law must depend on theology for its inspiration, while theology for its inspiration, while theology ought to look to canon law to ought to look to canon law to elucidate concrete activities that elucidate concrete activities that enhance the life of the Christian enhance the life of the Christian community. community.

Key Points of Lesson OneKey Points of Lesson One

The rules contained in the Code of Canon The rules contained in the Code of Canon law do not represent a static system of law do not represent a static system of Church governance, but a constantly Church governance, but a constantly evolving collection of guidelines that are evolving collection of guidelines that are subject to change and interpretation. subject to change and interpretation.

Canon law seeks to provide norms of Canon law seeks to provide norms of action for obtaining the values enunciated action for obtaining the values enunciated in the Word of God, as interpreted by in the Word of God, as interpreted by human agents who are the shepherds of human agents who are the shepherds of the Church. the Church.

Possible Paper TopicsPossible Paper Topics

History of Canon LawHistory of Canon Law– In what ways are we In what ways are we

now in a reform period, now in a reform period, and what , if any, role is and what , if any, role is canon law playing in canon law playing in this reform?this reform?

– What are some of the What are some of the significant changes in significant changes in the law between the the law between the 1917 and 1983 Codes 1917 and 1983 Codes of Canon Law?of Canon Law?

Theology of Canon Theology of Canon LawLaw– In your own opinion, In your own opinion,

describe what the describe what the relationship between relationship between theology and canon law theology and canon law should be.should be.

– What effects might a What effects might a closer relationship closer relationship between theology and between theology and canon law have on canon law have on future revisions of the future revisions of the Code of Canon Law? Code of Canon Law?