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Canon Law

Also Known As Church Law
Religious Law Systems

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.

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. 2
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. 2
Disputed
Origin Year
1140 3
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.
Classification
Legal Family
Religious Law 1
Learn More
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.

Connections

In Legal Family

In Legal System

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

Source JuriGlobe: Classification of Legal Systems (University of Ottawa)

Includes

Source Wikidata: Alvarus Pelagius
Additional Source Alvarus Pelagius (Wikipedia)Lead, first sentence
Source Bernardus Compostellanus Antiquus (Wikipedia)
Source Burchard of Worms (Wikipedia)
Source Central Intelligence Agency: Holy See (Vatican City), The World Factbook (factbook.json archive copy)
Source Cresconius Africanus (Wikipedia)
Source Central Intelligence Agency: Holy See (Vatican City), The World Factbook (factbook.json archive copy)
Guido Terrena, Jurists
Source Wikidata: Guido Terrena
Additional Source Guido Terrena (Wikipedia)Wikipedia lead paragraph
Source Wikidata: Pelagio Galvani
Additional Source Pelagio Galvani (Wikipedia)Wikipedia lead paragraph
Source Pope Innocent IV (Wikipedia)
Source Raymond of Pe?afort (Wikipedia)
Source Raymond of Pe?afort (Wikipedia)
Source Wikidata: Stephen of Tournai
Additional Source Stephen of Tournai (Wikipedia)Wikipedia lead paragraph
Source Wikidata: Theodore Balsamon
Additional Source Theodore Balsamon (Wikipedia)Wikipedia lead paragraph
Source Institutional Profile, Tribunal of the Roman Rota (Vatican)
Source William of Tyre (Wikipedia)

Long-Form Articles

Source Institutional Profile, Tribunal of the Roman Rota (Vatican)
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Source JuriGlobe: Classification of Legal Systems (University of Ottawa)
Sources
1. Wikipedia: Canon law
Canon law is a set of ordinances and regulations made by ecclesiastical authorityView the Source
2. Law of Vatican City (Wikipedia)
WikipediaLead section
Quote, Lead section
The law of Vatican City State consists of many forms, the most important of which is the canon law of the Catholic Church.
View the Source
3. Major Legal Systems in the World Today
Rene David and John E.C. Brierley, Stevens and Sons, 1985
JuriGlobe: Classification of Legal Systems (University of Ottawa)
University of Ottawa, Faculty of LawView the Source
Institutional Profile, Tribunal of the Roman Rota (Vatican)
Tribunal of the Roman Rota, Holy SeeView the Source
Pope Innocent IV (Wikipedia)
WikipediaIncludes: Pope Innocent IV, Lead
Quote, Includes: Pope Innocent IV, Lead
He was considered in his own day and by posterity as a fine canonist.
View the Source
William of Tyre (Wikipedia)
WikipediaIncludes: William of Tyre, Lead
Quote, Includes: William of Tyre, Lead
He grew up in Jerusalem at the height of the Kingdom of Jerusalem, which had been established in 1099 after the First Crusade, and he spent twenty years studying the liberal arts and canon law in the universities of Europe.
View the Source
Cresconius Africanus (Wikipedia)
WikipediaIncludes: Cresconius Africanus, Wikipedia lead paragraph
Quote, Includes: Cresconius Africanus, Wikipedia lead paragraph
Cresconius Africanus (Crisconius) was a Latin canon lawyer, of uncertain date and place. He flourished, probably, in the latter half of the
View the Source
Bernardus Compostellanus Antiquus (Wikipedia)
WikipediaIncludes: Bernardus Compostellanus Antiquus, Wikipedia lead paragraph
Quote, Includes: Bernardus Compostellanus Antiquus, Wikipedia lead paragraph
the Older (Bernardus Compostellanus Antiquus) was a canonist of the early thirteenth century, a native of Compostela in Spain. He is
View the Source
Raymond of Pe?afort (Wikipedia)
Wikipedia
  • Includes: Raymond of Penyafort, Introduction
    Raymond of Peñafort (Catalan: Sant Ramon de Penyafort, IPA: [ˈsan rəˈmon də ˌpɛɲəˈfɔɾ]; c. 1175 - 6 January 1275) was a Dominican friar who was a canon lawyer.
  • Includes: Raymond of Peñafort, Introduction
    Raymond of Peñafort (Catalan: Sant Ramon de Penyafort, IPA: [ˈsan rəˈmon də ˌpɛɲəˈfɔɾ]; c. 1175 - 6 January 1275) was a Dominican friar who was a canon lawyer.
View the Source
Burchard of Worms (Wikipedia)
WikipediaIncludes: Burchard of Worms, Introduction
Quote, Includes: Burchard of Worms, Introduction
He was the author of a canon law collection of twenty books known as the Decretum, Decretum Burchardi, or Decretorum libri viginti.
View the Source
Stephen of Tournai (Wikipedia)
WikipediaIncludes: Stephen of Tournai, Wikipedia lead paragraph
Quote, Includes: Stephen of Tournai, Wikipedia lead paragraph
regular of Sainte-Geneviève (Paris), and Roman Catholic canonist who became bishop of Tournai in 1192.
View the Source
Guido Terrena (Wikipedia)
WikipediaIncludes: Guido Terrena, Wikipedia lead paragraph
Quote, Includes: Guido Terrena, Wikipedia lead paragraph
Terreni and Guy de Perpignan, was a Catalan Carmelite canon lawyer and scholastic philosopher.
View the Source
Theodore Balsamon (Wikipedia)
WikipediaIncludes: Theodore Balsamon, Wikipedia lead paragraph
Quote, Includes: Theodore Balsamon, Wikipedia lead paragraph
also called Balsamo, (Greek: Θεόδωρος Βαλσαμῶν) was a canonist of the Eastern Orthodox Church and 12th-century Eastern Orthodox Patria
View the Source
Pelagio Galvani (Wikipedia)
WikipediaIncludes: Pelagio Galvani, Wikipedia lead paragraph
Quote, Includes: Pelagio Galvani, Wikipedia lead paragraph
Paio Galvão Latin: Pelagius) was a Leonese cardinal, and canon lawyer. He became a papal legate and leader of the Fifth Crusade. Born at
View the Source
Alvarus Pelagius (Wikipedia)
WikipediaIncludes: Alvarus Pelagius, Lead, first sentence
Quote, Includes: Alvarus Pelagius, Lead, first sentence
Alvarus Pelagius (Galician: Álvaro Pais; c. 1280-25 January 1352) was a celebrated Galician canonist.
View the Source
Central Intelligence Agency: Holy See (Vatican City), The World Factbook (factbook.json archive copy)
Central Intelligence Agency
  • Includes: Fundamental Law of Vatican City State, Government: Legal system
    religious system based on canon (religious) law
  • Includes: Court of Cassation of Vatican City State, Government, legal system
    religious system based on canon (religious) law
View the Source
Canon law concept (Wikipedia)
WikipediaIn Group: Canon Law and Other Religious Legal Orders, Introduction, sentence 1
Quote, In Group: Canon Law and Other Religious Legal Orders, Introduction, sentence 1
Canon law is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members.
View the Source
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