Play Video
1
Roman Canon Law vs. Natural Law : Frank O
Roman Canon Law vs. Natural Law : Frank O'collins Interview : Ecclesiastical law
::2011/07/02::
Play Video
2
Canon Law, money and the courts - Part 1
Canon Law, money and the courts - Part 1
::2013/04/18::
Play Video
3
Cardinal Burke on Canon Law and the New Evangelization
Cardinal Burke on Canon Law and the New Evangelization
::2013/04/06::
Play Video
4
CL701: History of Canon Law. Day 1
CL701: History of Canon Law. Day 1
::2012/10/03::
Play Video
5
Cardinal Burke Rome Interview Just Canon Law
Cardinal Burke Rome Interview Just Canon Law
::2014/05/02::
Play Video
6
Canon Law, money and the courts - Part 2
Canon Law, money and the courts - Part 2
::2013/04/18::
Play Video
7
Hoodaya Canon Law & Malankara Orthodox Church
Hoodaya Canon Law & Malankara Orthodox Church
::2014/07/31::
Play Video
8
UCC UNIFORM COMMERCIAL CODE, CANON LAW CORPORATE LAW COMMERCE UK and worldwide
UCC UNIFORM COMMERCIAL CODE, CANON LAW CORPORATE LAW COMMERCE UK and worldwide
::2009/12/04::
Play Video
9
RasTafari Reveals Fetha Nagast Ethiopian Canon Law & Lion Of Judah Amharic Bible@LOJSociety
RasTafari Reveals Fetha Nagast Ethiopian Canon Law & Lion Of Judah Amharic Bible@LOJSociety
::2014/10/23::
Play Video
10
CL701: History of Canon Law. Day 2
CL701: History of Canon Law. Day 2
::2012/10/03::
Play Video
11
Canon Law Penal Code and penalties
Canon Law Penal Code and penalties
::2012/09/26::
Play Video
12
Royal wedding thought crime Common law v Maritime Law,CANON LAW olympics 2012
Royal wedding thought crime Common law v Maritime Law,CANON LAW olympics 2012
::2011/04/28::
Play Video
13
Judges are High Priests of Baal working under Canon Law
Judges are High Priests of Baal working under Canon Law
::2013/03/12::
Play Video
14
Canon Law - Smash Your Television
Canon Law - Smash Your Television
::2011/01/06::
Play Video
15
Canon Law - This Aint No Rave
Canon Law - This Aint No Rave
::2010/11/24::
Play Video
16
The Law or the Spirit? Canon Law in the life of the Church.
The Law or the Spirit? Canon Law in the life of the Church.
::2013/03/05::
Play Video
17
CANON LAW: The Medicine Killed Us All LIVE in NYC
CANON LAW: The Medicine Killed Us All LIVE in NYC
::2008/02/22::
Play Video
18
Canon Law Class I
Canon Law Class I
::2013/07/14::
Play Video
19
Canon Law Class IV
Canon Law Class IV
::2013/07/15::
Play Video
20
Canon Law - Boogieman Slamdance
Canon Law - Boogieman Slamdance
::2010/06/01::
Play Video
21
Canon Law - Boogie Man Slam Dance
Canon Law - Boogie Man Slam Dance
::2009/06/29::
Play Video
22
Canon Law Class II
Canon Law Class II
::2013/07/14::
Play Video
23
UCC Canon Law and Mortgages
UCC Canon Law and Mortgages
::2012/10/08::
Play Video
24
CL701: History of Canon Law. Day 24
CL701: History of Canon Law. Day 24
::2012/10/03::
Play Video
25
ETHIOPIAN CANON LAW: FETHA NAGAST & ROMAN CATHOLIC Controversy - Rastafari Study
ETHIOPIAN CANON LAW: FETHA NAGAST & ROMAN CATHOLIC Controversy - Rastafari Study
::2012/06/20::
Play Video
26
Canon Law Class III
Canon Law Class III
::2013/07/15::
Play Video
27
Frank O
Frank O'Collins on Property - Roman Canon Law vs Natural Law Excerpt.mp4
::2011/11/01::
Play Video
28
Canon Law Society of India 20/10/2014
Canon Law Society of India 20/10/2014
::2014/10/21::
Play Video
29
Canon Law Class V
Canon Law Class V
::2013/07/15::
Play Video
30
Canon Law - Peak Oil
Canon Law - Peak Oil
::2010/11/24::
Play Video
31
Canon Law - The Air is Death
Canon Law - The Air is Death
::2011/01/06::
Play Video
32
Canon Law: The Party Manual
Canon Law: The Party Manual
::2013/07/14::
Play Video
33
Cl 701: History of Canon Law.  Day 22
Cl 701: History of Canon Law. Day 22
::2013/09/20::
Play Video
34
CL701: History of Canon Law. Day 12
CL701: History of Canon Law. Day 12
::2012/10/03::
Play Video
35
Orthodox Canon Law in a Post-Constantinian World: Problems and Prospects
Orthodox Canon Law in a Post-Constantinian World: Problems and Prospects
::2013/04/18::
Play Video
36
UCACIA: Lesson #6 What is Canon Law? b.mov
UCACIA: Lesson #6 What is Canon Law? b.mov
::2012/01/14::
Play Video
37
Syro-Malabar Catholic Chuch: protetst against canon law -Reporters Diary 53-(2)
Syro-Malabar Catholic Chuch: protetst against canon law -Reporters Diary 53-(2)
::2014/02/16::
Play Video
38
CL701: History of Canon Law.  Day 26
CL701: History of Canon Law. Day 26
::2013/09/20::
Play Video
39
CL701: History of Canon Law. Day 9
CL701: History of Canon Law. Day 9
::2012/10/03::
Play Video
40
Vatican Canon Law Enslaves America
Vatican Canon Law Enslaves America
::2011/05/11::
Play Video
41
Welcome to (The O
Welcome to (The O'Blasphemy Show) The Pagan's Canon Law versus god's mental illness
::2012/04/23::
Play Video
42
Licence en droit canonique | Licentiate in Canon Law (JCL) at Saint Paul University
Licence en droit canonique | Licentiate in Canon Law (JCL) at Saint Paul University
::2013/05/02::
Play Video
43
Speaker Series Pt.1 of  5  - New Code of Canon Law
Speaker Series Pt.1 of 5 - New Code of Canon Law
::2011/03/24::
Play Video
44
Vatican celebrates 30 anniversary of Code of Canon Law
Vatican celebrates 30 anniversary of Code of Canon Law
::2013/01/23::
Play Video
45
KUL:  Wideokonferencja z Tangaza University College i Institute of Canon Law, Nairobi, Kenia
KUL: Wideokonferencja z Tangaza University College i Institute of Canon Law, Nairobi, Kenia
::2014/02/21::
Play Video
46
TalkingStickTV - Confronting Islamophobia - Sharia, Canon Law and the Constitution
TalkingStickTV - Confronting Islamophobia - Sharia, Canon Law and the Constitution
::2011/05/15::
Play Video
47
2012: COSMIC LAW VS. CANON LAW
2012: COSMIC LAW VS. CANON LAW
::2012/06/10::
Play Video
48
10 Catholic Priests: "Bishop is Bully; Breaks Canon Law"
10 Catholic Priests: "Bishop is Bully; Breaks Canon Law"
::2014/06/24::
Play Video
49
The Father of Canon Law
The Father of Canon Law
::2010/01/06::
Play Video
50
UCADIA: Lesson #3 Your Trust in Canon Law
UCADIA: Lesson #3 Your Trust in Canon Law
::2012/01/14::
NEXT >>
RESULTS [51 .. 101]
From Wikipedia, the free encyclopedia
  (Redirected from Canonical law)
Jump to: navigation, search
"Christian law" redirects here. For other types of religious law in Christianity, see Religious law § Christianity.

Canon law is the body of laws and regulations made by ecclesiastical authority (Church leadership), for the government of a Christian organization or church and its members. It is the internal ecclesiastical law governing the Catholic Church (both Latin Church and Eastern Catholic Churches), the Eastern and Oriental Orthodox churches, and the Anglican Communion of churches.[1] The way that such church law is legislated, interpreted and at times adjudicated varies widely among these three bodies of churches. In all three traditions, a canon was originally a rule adopted by a church council; these canons formed the foundation of canon law.

Etymology[edit]

Greek kanon / κανών, Arabic Qanon / قانون, Hebrew kaneh / קנה, "straight"; a rule, code, standard, or measure; the root meaning in all these languages is "reed" (cf. the Romance-language ancestors of the English word "cane").

Canons of the Apostles[edit]

The Apostolic Canons[2] or Ecclesiastical Canons of the Same Holy Apostles[3] 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.[4]

Catholic Church[edit]

Scale of justice, canon law.svg
This article is part of the series:
Legislation and Legal System of the Catholic Church
Canon Law Task Force

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.[5]

The Roman Catholic Church canon law also includes the main five rites (groups) of churches which are in full union with the Roman Catholic Church and the Supreme Pontiff:

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

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

In the Roman Church, universal positive ecclesiastical laws, based upon either immutable divine and natural law, or changeable circumstantial and merely positive law, derive formal authority and promulgation from the office of pope, who as Supreme Pontiff possesses the totality of legislative, executive, and judicial power in his person.[6] The actual subject material of the canons is not just doctrinal or moral in nature, but all-encompassing of the human condition.[7]

History, sources of law, and codifications[edit]

Image of pages from the Decretum of Burchard of Worms, the 11th-century book of canon law.

The Catholic Church has what is claimed to be the oldest continuously functioning internal legal system in Western Europe,[8] much later than Roman law but predating the evolution of modern European civil law traditions. What began with rules ("canons") adopted by the 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 Hebrew (Old Testament), Roman, Visigothic, Saxon, and Celtic legal traditions.

The history of Latin canon law can be divided into four periods: the jus antiquum, the jus novum, the jus novissimum and the Code of Canon Law.[9] In relation to the Code, history can be divided into the jus vetus (all law before the Code) and the jus novum (the law of the Code, or jus codicis).[9]

The canon law of the Eastern Catholic Churches, which had developed some different disciplines and practices, underwent its own process of codification, resulting in the Code of Canons of the Eastern Churches promulgated in 1990 by Pope John Paul II.[10]

Catholic canon law as legal system[edit]

It is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code[11] principles of legal interpretation, and coercive penalties, though it lacks civilly-binding force in most secular jurisdictions. The academic degrees in canon law are the J.C.B. (Juris Canonici Baccalaureatus, Bachelor of Canon Law, normally taken as a graduate degree), J.C.L. (Juris Canonici Licentiatus, Licentiate of Canon Law) and the J.C.D. (Juris Canonici Doctor, Doctor of Canon Law). Because of its specialized nature, advanced degrees in civil law or theology are normal prerequisites for the study of canon law.

Much of the legislative style was adapted from the Roman Law Code of Justinian. As a result, Roman ecclesiastical courts tend to follow the Roman Law style of continental Europe with some variation, featuring collegiate panels of judges and an investigative form of proceeding, called "inquisitorial", from the Latin "inquirere", to enquire. This is in contrast to the adversarial form of proceeding found in the common law system of English and U.S. law, which features such things as juries and single judges.

The institutions and practices of canon law paralleled the legal development of much of Europe, and consequently both modern civil law and common law (legal system) bear the influences of canon law. Edson Luiz Sampel, a Brazilian expert in canon law, says that canon law is contained in the genesis of various institutes of civil law, such as the law in continental Europe and Latin American countries. Sampel explains that canon law has significant influence in contemporary society.[12]

Canonical jurisprudential theory generally follows the principles of Aristotelian-Thomistic legal philosophy.[8] While the term "law" is never explicitly defined in the Code,[13] the Catechism of the Catholic Church cites Aquinas in defining law as "...an ordinance of reason for the common good, promulgated by the one who is in charge of the community"[14] and reformulates it as "...a rule of conduct enacted by competent authority for the sake of the common good."[15]

The Code for the Eastern Churches[edit]

The law of the Eastern Catholic Churches in full union with Rome was in much the same state as that of the Latin or Western Church before 1917; much more diversity in legislation existed in the various Eastern Catholic Churches. Each had its own special law, in which custom still played an important part. In 1929 Pius XI informed the Eastern Churches of his intention to work out a Code for the whole of the Eastern Church. The publication of these Codes for the Eastern Churches regarding the law of persons was made between 1949 through 1958[16] but finalized nearly 30 years later.[4]

The first Code of Canon Law, 1917, was mostly for the Roman Rite, with limited application to the Eastern Churches. After the Second Vatican Council, (1962 - 1965), another edition was published specifically for the Roman Rite in 1983. Most recently, 1990, the Vatican produced the Code of Canons of the Eastern Churches which became the 1st code of Eastern Catholic Canon Law.[17]

Orthodox Churches[edit]

The Greek-speaking Orthodox have collected 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. The Orthodox Christian tradition in general treats its canons more as guidelines than as laws, the bishops adjusting them to cultural and other local circumstances. Some Orthodox canon scholars point out that, had the Ecumenical Councils (which deliberated in Greek) meant for the canons to be used as laws, they would have called them nómoi/νόμοι (laws) rather than kanónes/κανόνες (rules), but almost all Orthodox conform to them. The dogmatic decisions of the Councils, though, are to be obeyed rather than to be treated as guidelines, since they are essential for the Church's unity.[18]

Anglican Communion[edit]

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.

Currently, (2004), there are principles of canon law common to the churches within the Anglican Communion; their existence can be factually established; each province or church contributes through its own legal system to the principles of canon law common within the Communion; these principles have a strong persuasive authority and are fundamental to the self-understanding of each of the churches of the Communion; these principles have a living force, and contain in themselves the possibility of further development; and the existence of these principles both demonstrates unity and promotes unity within the Anglican Communion. [19]

Presbyterian and Reformed churches[edit]

Main article: Presbyterian polity

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 Presbyterian as early as 1572 in the Admonition to Parliament. The protest centered around 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.[20]

Lutheranism[edit]

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.[21] 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 United Methodist Church[edit]

The Book of Discipline contains the laws, rules, policies and guidelines for The United Methodist Church. Its last edition was published in 2012.

See also[edit]

References[edit]

  1. ^ Boudinhon, Auguste. "Canon Law." The Catholic Encyclopedia. Vol. 9. New York: Robert Appleton Company, 1910. 9 August 2013
  2. ^ Shahan, Thomas (, 1908). "Apostolic Canons". The Catholic Encyclopedia 3. New York: Robert Appleton Company. Retrieved 9 August 2013.  Check date values in: |date= (help)
  3. ^ "The Ecclesiastical Canons of the Same Holy Apostles". Ante-Nicene Fathers, Vol VII. Retrieved 2008-05-26. 
  4. ^ a b Metz, René (1960). "What Is Canon Law?". The Twentieth Century Encyclopedia of Catholicism, Section VIII: The Organization of the Church. 80. New York: Hawthorn Books Inc. 
  5. ^ Ramstein, Fr. Matthew (1948). Manual of Canon Law. Terminal Printing & Pub. Co. , p. 3
  6. ^ "Code of Cannon Law: Book II, Part II, Section I, Chapter I, Article I, Canon 331". 1983 Code of Canon Law\publisher=Libreria Editrice Vaticana. 
  7. ^ Vatican Archive. "Code of Canon Law". Vatican.va. Retrieved 4 January 2014. 
  8. ^ a b Peters, Dr. Edward, , JD, JCD, Ref. Sig. Ap. Canonlaw.info "Home Page". CannonLaw.info. 
  9. ^ a b Ramstein, pg. 13, #8
  10. ^ Blessed John Paul II, Ap. Const. (1990). Sacri Canones "Apostolic Constitution Sacri Canones John Paul II 1990". 
  11. ^ Ramstein, pg. 49
  12. ^ "canon law." Encyclopædia Britannica. Encyclopædia Britannica Online Academic Edition. Encyclopædia Britannica Inc., 2013. Web. 9 August 2013.
  13. ^ Gray, Msgr. Jason. "Home Page". JGray.org. Retrieved 8 June 2013. 
  14. ^ In Brief §1976. Catechism of the Catholic Church (USCCB Publishing). ISBN 9781574557251. "Summa Theologica I-II, 90, 4" 
  15. ^ Catechism of the Catholic Church, The Moral Law§1951
  16. ^ "In 1959, John XXIII, announced for the first time his decision to reform the existing corpus of canonical legislation"http://www.vatican.va/archive/ENG1104/__P1.HTM
  17. ^ http://www.nyulawglobal.org/globalex/canon_law.htm
  18. ^ Patsavos, Dr. Lewis J., Ph.D. (2013). "The Canonical Tradition of the Orthodox Church". Greek Orthodox Archdiocese of America. Retrieved 2013-08-09. 
  19. ^ "The Windsor Report - Section C - Canon Law and Covenant". Anglican Communion Office. 2013. Retrieved 2013-08-09. 
  20. ^ Ha, Polly (2010). English Presbyterianism, 1590-1640. Stanford University Press. ISBN 9780804759878. Retrieved 2013-08-09. 
  21. ^ Bente, Friedrich., ed. and trans., Concordia Triglotta, (St. Louis: Concordia Publishing House, 1921), p. i

Further reading[edit]

  • Baker, J.H. (2002) An Introduction to English Legal History, 4th ed. London : Butterworths, ISBN 0-406-93053-8
  • 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.
  • The Episcopal Church (2006) 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.
  • Hartmann, Wilfried and Kenneth Pennington eds. (2008) 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.
  • Hartmann, Wilfried and Kenneth Penningon eds. (2011) The History of Byzantine and Eastern Canon Law to 1500, Washington, D.C.: The Catholic University of America Press.
  • R. C. Mortimer, Western Canon Law, London: A. and C. Black, 1953.
  • Robinson, O.F.,Fergus, T.D. and Gordon, W.M. (2000) European Legal History, 3rd ed., London : Butterworths, ISBN 0-406-91360-9

External links[edit]

Catholic[edit]

Anglican[edit]

Wikipedia content is licensed under the GFDL License
Powered by YouTube
LEGAL
  • Mashpedia © 2014