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Canon Law

Also Known As Church Law

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Canon law, in comparative-law classification, is the internal legal system of the Roman Catholic Church, codified today in the Code of Canon Law (1983) for the Latin Church and the Code of Canons of the Eastern Churches (1990) for the Eastern Catholic Churches, applied through a hierarchy of Church tribunals culminating, on appeal, in the Roman Rota and the Apostolic Signatura at the Holy See. It is also, uniquely among the world religious legal systems, the direct positive law of a sovereign state: canon law is the primary source of law of Vatican City State under that state's own Fundamental Law. This entry treats canon law only as this legal-system facet, its courts, jurists and jurisdictional reach; the doctrinal and sacramental content of Church law remains Divinity Atlas's own subject under the family standing seam (ruling 631).

Facts
Example Jurisdictions
Vatican City State, where canon law is the primary source of law under the Fundamental Law of Vatican City State, applied by the state's own courts alongside the Church tribunal system; the Roman Catholic Church worldwide, where canon law is an internal legal system for its own institutions, clergy and the faithful, adjudicated through diocesan tribunals and, on appeal, the Roman Rota, with no independent force in the civil law of any other state. 1
Primary Source of Law
The Code of Canon Law (Codex Iuris Canonici, 1983) for the Latin Church and the Code of Canons of the Eastern Churches (1990) for the Eastern Catholic Churches, interpreted and applied by the Church's own tribunal system, and adopted directly as the law of Vatican City State by that state's Fundamental Law. 1
Disputed
Origin Year
1140 2
Legal historians commonly date the birth of canon law as an autonomous legal science to around 1140, when the monk Gratian compiled and systematically reconciled centuries of conflicting canons in his Decretum at Bologna, a work later comparative-law scholarship (Harold Berman among others) credits with shaping the method of the whole Western legal tradition. Councils and collections of canons existed for centuries before Gratian, so an earlier origin point is also defensible depending on whether systematic legal science or the raw body of canons is meant.
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The Church That Is Also a State

This article records tradition as it has been passed down and reported. Its sources are not yet part of the atlas's verified catalogue.

Vatican City is the smallest sovereign state in the world, and almost uniquely among religious legal systems, canon law is not just a source of its law. It is the primary one. The Fundamental Law of Vatican City State, the document that organizes the state's own courts and offices, names canon law as the chief body of law the state runs on, with the state's own civil legislation filling in only what canon law does not reach.

That arrangement makes Vatican City the one place on earth where a body of religious law is also, directly, the positive law of a recognized state, the way common law is the law of England or civil law is the law of France. Everywhere else the Catholic Church's own legal system, codified today in the 1983 Code of Canon Law for the Latin Church and the 1990 Code of Canons of the Eastern Churches, functions purely as the Church's own internal law: it binds clergy, religious institutions and the practice of the sacraments, but it has no force in the civil law of France, Italy, the United States or any other state whose courts do not choose to enforce it.

The Church runs its own court system to apply that law, a hierarchy of diocesan tribunals with, on appeal, the Roman Rota in Vatican City, a tribunal that traces informally to the twelfth century and took its settled form under a papal bull in 1331. Most of what reaches the Rota concerns whether a marriage was validly formed under canon law, the question a Catholic seeking to remarry within the Church must have answered, but the tribunal's competence reaches any canon-law matter referred to it. It is, in other words, an appellate court doing exactly the work an appellate court does anywhere else. What makes it unusual is only the law it applies, and the fact that in one small state, that law is also the law of the land.

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Canon law is one of the named member systems of the Religious Law family per its own entity-description.

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