CANON LAW
Any church’s or religionâ’s laws, rules, and regulations; more commonly, the written policies that guide the administration and religious ceremonies of the Roman Catholic Church.
Since the fourth century, the Roman
Catholic Church has been developing regulations
that have had some influence on secular
(non-church-related) legal procedures. These
regulations are called canons and are codified in
the Code of Canon Law (in Latin, Codex juris
canonici).
The law of England, which inspired much of
the law formed in the United States, was a mixture
of canon law and COMMON LAW (principles
and rules of action embodied in case law rather
than legislative enactments). Canon law and
English common law borrowed heavily from
each other throughout medieval times and
together formed the basis for many of the legal
procedures used in the United States. For example,
canon law’s influence is still visible in the
concepts of the GRAND JURY, presentment (a
description of a criminal offense that is based on
the jury’s own knowledge), and some characteristics
of U.S. marriage law.
Canon law has its origins in ancient church
writings, decisions made by the general councils
of local bishops, and rulings issued by the pope.
These ideas were organized in the mid–twelfth century by an Italian law teacher, Gratian. He sorted the collection into religious law, penal
law, sacramental law, and other categories.
Along with a set of decisions by the pope called
Decretals of Gregory IX, Gratian’s work formed
the main body of canon law for nearly eight
hundred years. In 1917, Pope Benedict XV
recodified (revised) the canons. Pope John Paul
II reissued the Code of Canon Law in 1983—
authorizing increased participation of laity in
the church, recognizing the needs of disabled
people, and making other changes. A related
text, the Code of Canons of the Eastern
Churches, was reissued by the Holy See (the seat
of papal government) in 1990.
In the Middle Ages, canon law was used in
ecclesiastical courts (church) to decide many
types of cases that in modern times are decided
by civil courts, including criminal offenses. This
was because most English Christians did not
make a great distinction between secular and
spiritual offenses. Crimes that were tried by the
church included ADULTERY, blasphemy, slander,
heresy (opposition to official religious views),
money lending, and gambling. From the late
fourteenth to the early sixteenth centuries
church courts also heard many breach-of-faith
cases concerning contracts, as well as inheritance
and marriage-related cases.
Criminal trial procedures in medieval
church courts were the source of some features
that found their way into common law.
Although witnesses were considered the best
source of proof of a crime under canon law, suspected
offenders could also be tried because of
public fame (suspicion in the community that
they had committed a crime). An inquest made
up of twelve men—a forerunner of royal courts’
grand juries—said under oath whether public
suspicion existed. If none did, then a judge had
no authority to proceed. After establishing public
fame, the court’s next step was canonical purgation,
in which the accused person swore an
oath that she or he was innocent. Proof of innocence
was accomplished by compurgation, in
which several oath helpers would swear that
they believed the oath was true. People who
objected to the purgation of an accused person
had the chance to prove their accusation of guilt.
The use of canon law in governmental decisions
is not well documented. In the early fifteenth
century, commissions of the English
Parliament made use of canonical procedures
and canon law experts to decide issues involving
laws of war, diplomacy, and other questions. For
example, Parliament’s justification for deposing
King Richard II seems to have been based on
papal bulls (decrees).
In modern times, the creation, interpretation,
and use of the canons closely resemble
those of secular law. The Episcopal Conference
of Local Bishops and the National Conference of
Catholic Bishops are voting bodies that set policy
for the church. When policy has been codified,
it is used by judges in Catholic tribunals in
determining whether certain practices or
requests are acceptable according to the canons.
(Catholic tribunals make up the Church’s own
court system, which interprets canonical policy
to resolve questions of church practice.) Case
law (previous rulings) is published in Roman
Replies and has precedential value. Judges may
also request assistance from the CANON LAW
SOCIETY OF AMERICA, a research organization,
in interpreting the canons.
Catholics who appear before a tribunal may
consult canon lawyers, who are not usually secular
lawyers. A canon lawyer typically completes
at least two years’ worth of course work in the
canons. North American canon lawyers receive
their degree in canon law from one of two institutions:
the Catholic University of America, in
Washington, D.C., or St. Paul University, in
Ottawa, Ontario, Canada.
By the end of the twentieth century secular
law had eclipsed canon law in most aspects of
public life. Interbody disagreements within the
church are now often handled administratively
rather than by a tribunal, but within the confines
of canon law. However, the tribunal is still
the only place where Catholics can secure a marriage
ANNULMENT, and each diocese must maintain
a tribunal for this purpose. Divorced
Catholics who have been denied an annulment
can appeal as far as the Sacred Roman Rota,
whose international membership is selected by
the pope.
In the 1990s, some dioceses—notably the
Archdiocese of Denver—have sought to reduce
involvement by civil courts in church disputes
by creating dispute resolution mechanisms and
other internal mechanisms that make use of the
written policies of canon law.
FURTHER READINGS
Beal, John P., James A. Coriden, and Thomas J. Green, eds.
2000. New Commentary on the Code of Canon Law. New
York: Paulist Press.
Buelt, Edward L., and Charles Goldberg. 1995. “Canon Law
and Civil Law Interface: Diocesan Corporations.”
Catholic Lawyer.
Donahue, Charles, Jr. 1992. “IUS Commune, Canon Law,
and Common Law in England.”Paper presented at symposium,
Relationships among Roman Law, Common
Law, and Modern Civil Law. Tulane Law Review (June).
Gerosa, Libero. 2002. Canon Law. London, New York: Continuum.
Helmholz, R.H. 1983. “The Early History of the Grand Jury
and the Canon Law.” University of Chicago Law Review
(spring).
Jirik, Paulissa, member, Canon Law Society of America.
1995. Telephone conversation, July 31.
