Canon law might be an area of Church life with which many are unfamiliar. Others would know something about the Church’s law and how it operates. People can have wide ranging opinions about canon law from the uninformed to the knowledgeable. This introduction attempts to explain the basics of canon law and what it is used for in the life of the Church.
The word “canon” comes from the Greek meaning a rule. The rules or laws of the Church are collected in one place called The Code of Canon Law. The current Code was published in 1983 for the Latin (Western or Roman) Church. The Code for the twenty-three Eastern Catholic Churches was published in 1990.
Foundations in Scripture and tradition
Everybody knows that law has been part and parcel of our lives for centuries. The Bible tells us that the law of God (Torah) was first given to Moses on Mt Sinai. Think of the Ten Commandments. The books of Leviticus and Numbers in the Old Testament contain very detailed laws which the ancient Israelites had to obey. The law is a theme often found in the New Testament. Over the Church’s history, there have been twenty-one Ecumenical Councils (the last being Vatican II, 1963-1965) and hundreds of lesser councils which continually made new laws to suit their times.
Church law operates in a similar way to civil or criminal law. All residents of and visitors to any country on the planet must obey that country’s laws. So obeying laws is an obligation. Laws also give us rights as well. So sometimes we have to balance our rights with obligations owed to society. In this way, people can live in harmony so that good order in the community is sustained. It is the same with Church law.
The Latin Church’s Code contains 1,752 rules, or laws, which we call canons. Those bound by these canons are baptised Catholics. Some canons also request non-Catholics or non-Christians to obey our rules too. For example, when a Catholic marries a non-Catholic in the Church.
The canons of the Code cover a wide range of topics in Church life. For example, there are canons on the seven Sacraments, Catholic education, property, finance, the roles of the Pope, bishop and parish priest, and what happens when any member of Christ’s faithful fails in his or her duty. This is known as penal law. It’s about punishment and sanction.
The purpose and supreme law
In the Introduction to the 1983 Code of Canon Law, the purpose of the law is clearly stated: “During the course of the centuries the Catholic Church has been accustomed to reform and renew the laws of canonical (sacred) discipline so that in constant fidelity to its divine founder, they may be better adapted to the saving mission entrusted to it”.
The last canon in the Code summarises the purpose of all the laws which go before it. Canon 1752 says that we must keep in mind the salvation of souls when applying the law which this canon calls the “supreme law”.
Law, mercy, and the life of the Church today
Everybody knows, and many have experienced, the human reality when the law does not vindicate our rights or take into account our personal circumstances and just wants us to fulfil our obligations without question. As in civil law, so in canon law, there are ways of dealing with situations which were not foreseen by the law in the first place. Sometimes these issues require persons to respond calmly and with grace. People can be upset and angry also when the law clashes with what they think is right. We often see the law here operating as a blunt instrument. This is understandable. We think of the old adage that justice can be tempered by mercy – thus hoping that the law renders a just outcome. This applies as much in civil law as it does in canon law.
In his teachings and his style Pope Leo XIV is showing us what canon law is and how it is to be used in Church life. He is a qualified canon lawyer and has practised in Peru as a judicial vicar and professor of canon law. It will be worth watching the way in which he guides the Church using his skills of discernment, wisdom and measured pronouncements.
Very Rev Peter Blayney JCL is the Episcopal Vicar for Canonical Matters at the Diocese of Parramatta and the Parish Priest of St Patrick’s Guildford Parish
This reflection is an example of the Diocesan Pastoral Plan priority of Formation to achieve the objective of becoming a Humble and Healing Church. Visit Synodality to learn more.
