Definition of Canon Law

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    Definition Clarified

    • The Catholic Encyclopedia defines canon law as the regulations made or adopted by ecclesiastical authority for the government of the Christian organization and its members. Canon law exists in other religions as well as in Catholicism. Laws, not made but adopted by church authorities, came from civil law or lay writers.

    Canon Law's History

    • In the fourth century "kanon," a Greek word meaning a rule or direction, became "canon" and referred to the laws set down by church councils. The term "canon law" appeared in the 12th century and was used in contrast to "civil law" that did not have the blessings of church authorities. Other terms used to denote canon law have included "ecclesiastical law, pontifical law and divine law." Canon law continued to grow and change with the church. Pope Pius X completed the codification of canon law in 1917.

    Organization of Code

    • The Code completed under the direction of Pope Pius X, contained a written preliminary section followed by four main divisions: persons; things, including the sacraments, sacred places and sacred things; trials; and crimes and penalties. Reformation of the content of canon law was achieved through the input of the episcopate of all of the provinces of the church, framed by an appointed commission of consultants, studied by a commission of cardinals and given final approval by Pius X.

    Ecclesiastical Law

    • Ecclesiastical law, a term often used interchangeably with canon law, means the application of canon law in particular circumstances and in a particular community. Ecclesiastical law is a reasonable ordinance designed for the common good and applied by the head of a given community. Ecclesiastical law must be physically and morally possible for the majority of the community to follow, and it must be openly communicated to all members.

    Flexibility

    • Canon law and its application are not as rigid or as inflexible as civil legislation. Roman Catholic canon law takes into account that in a society as vast and diverse as the Church, it is not always prudent to apply one law to all jurisdictions and in all cases. The legislator may grant concessions or privileges to certain groups or offer a dispensation from the law. The pope gives power to his bishops to use proper judgment in applying canon law in individual dioceses. The law of the Roman Catholic Church is therefore mindful of the welfare of its followers and of their human weakness.

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