DHARAMASHASTRA

NATIONAL LAW UNIVERISTY

INTRODUCTION TO LAW
CANON LAW
INSTRUCTED BY-
Mr. Manwendra K Tiwari
Associate Professor of Law

SUBMITTED BY-
Arooshi Sambyal
B.A. LL. B (HONS.)
1st Semester
Roll No. 125
Section A

ACKNOWLEDGEMENT
I would like to give my heartly thanks to Dharamashastra National Law University, because
of which I got this chance to be a part of DNLU family.

I present my gratitude to our Vice-Chancellor Mr. Balraj Chauhan who represents the
foundation of our University.

I would like to give special gratitude of thanks to my teacher Mr. Manwendra K tiwari, who
provided me with the opportunity to work on this project.

This research provided me with ample knowledge and learning about ‘Canon Law’ and I am
thankful that I got this project that enhanced my grip on a particular topic.

TABLE OF CONTENTS

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1. Introduction………………………………………………………………….3

2. Scope of Canon law… ……………………………………………………..4

3. Purpose of Canon law……………………………………………………….5

4. Functions of Canon law……………………………………………………..6

5. Conclusion………………………………………………….……………….8

INTRODUCTION

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Every church, although based on what its members believe to be divine revelation, is also a
human institution. As human communities, churches require rules. The Roman Catholic
Church is a particularly large community of faith. The generic name in English for the rules
of the Roman Catholic Church is “canon law”. “Law” is a familiar term. It is a measure or
norm of conduct. We are induced to act or refrain from acting in accord with the law. Laws
are products of reason, and they are directed toward the common good of the society for
which they are given.
The word “canon” has been used to describe the Church’s rules from very early times.
“Canon” comes from the Greek word Kanon, which means reed, rod or ruler. It described the
measure or ruler used by a carpenter or designer. It was a standard by which things were
measured. It came to mean a rule of conduct. It is used in this sense in the New Testament.
Both Greek and Latin have other words for “law”: nomos and lex. But the church chose to
name
its rules “canon” because it recognized that its rules were different from the laws of the
Roman Empire.

Canon law is a rather unfortunate English translation of the Latin ius

canonicum. Ius does not have an exact English equivalent. It can mean a legal or a subjective
right, or the objective of justice, that which is right, due or just. To translate ius canonicum
literally as “canonical right” just wouldn’t work. So “Canon Law” is used as the descriptive
title for the rules that govern the public order of the Catholic Church.

It names our ecclesiastical regulations. Those norms which describe the basic
structures of the church, e.g., the papal and Episcopal offices, the sacramental system, etc.
that constitute Roman Catholic “Church order”. Canons are rules or norms for the governance
of the external life of the church.

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 SCOPE OF CANON LAW

The canons have to do with church order and discipline rather than doctrine and dogma.
It is important to recognize that canon law contains guidelines for actions not beliefs.

It presents norms of conduct, not the content of faith. Theology is concerned with God’s
revelation and the Church’s teachings.

Canon Law is concerned with the pattern of practice within the community of faith.

They are distinct but closely related disciplines. Canon Law governs the external order of the
church, the public life of the faith community.

It does not attempt to measure or compel personal conscience or moral judgments.

Canon law pertains almost exclusively to the “external forum”, the arena of the church’s
public governance, and not directly to the “internal forum”, the arena of conscience.

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 PURPOSE OF CANON LAW

The church is a mystery, a reality imbued with the presence of God. It is the temple of the
Holy Spirit, resplendent with the Spirit’s gifts. It is the sacrament of Christ, the visible
and effective sign of his saving work in the world.

The church is a communion, that is, a unique set of interrelationships among its members
and with God, based on faith and love. But the church is also a human community made
up of ornery, erring and sinful people.

The church is sui generis, in a class by itself. It differs from all other human societies in
its origins, its history, its inner dynamism and its destiny.

Consequently, the church’s system of rules must function differently from that of any
other society. Pope John Paul II, when he promulgated the code of Canon Law in 1983,
described its purpose as follows: «The purpose of the Code is not to substitute for faith,
grace, charisms, and especially charity in the life of the church or of the Christian faithful.

On the contrary, its very purpose is to create an order in the ecclesial society so that,
while giving priority to love, grace and charism, their ordered development is facilitated
in the life of the ecclesial society as well as in the lives of the individuals who belong to
it.

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 FUNCTIONS OF CANON LAW

Law has at least four functions in any society, and by analogy, canonical rules fulfil these
functions within the church:

1. Law is to aid a society in the achievement of its goals.

It is to facilitate that attainment of the purpose or common good of the society. The mission
of the church in the world is to proclaim the message of Christ, to be a communal witness to
the loving presence of God, and to be of service to the world of today. The Church’s
discipline is to aid it in carrying out those central tasks. The church has a transcendent
spiritual purpose as well, i.e., the ultimate salvation of its members, their reconciliation and
communion with God. Hence, the classical canonical maxim: “The salvation of souls is the
supreme law. All else must defer to this end.

2. Law is to afford stability to the society

To provide good order, reliable procedures, and predictable outcomes. The church needs the
tranquillity of order in its life, just as other societies do. Leaders need to be elected,
sacraments celebrated, the word of God preached, decisions made, property administered.
The community of faith has a right to expect reasonable, appropriate and predictable ways of
doing these everyday things. The canons govern these functions, which are vital as well as
stabilizing.

3. Law is to protect personal rights

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It provides avenues of recourse, redress of grievances, and means for the resolution of
conflicts. What the church has in common with all other visible, human societies is
relationships involving rights and obligations, that is, a juridic order. Its juridic life must be
conducted with justice and fairness for all its members. This is another task of canon law: to
articulate the rights and duties of the faithful, and to provide means for their protection.

4. law is to assist in the education of the community

By reminding everyone of its values and standards. The church requires such continual
education. Canon law spells out the expectations of members, the qualifications for office-
holders, and ideals of religious life, not simply an external compliance with rules. Not
satisfied with justice, canon law, at its best, challenges the church to strive toward love as its
goal.
Canon law shapes and guides the life of the church in many ways. For those who care about
the church, it is important to understand its rules.

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 CONCLUSION

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.

It is the internal ecclesiastical law, or operational policy, governing the Catholic Church (both
the Latin Church and the Eastern Catholic Church), the Eastern Orthodox and Oriental
Orthodox churches, and the individual national churches within the Anglican Communion. 

The way that such church law is legislated, interpreted and at times adjudicated varies widely
among these four bodies of churches.

In all three traditions, a canon was originally a rule adopted by a Church Council; these
canons formed the foundation of canon law.

Though these councils are known primarily for their consideration of doctrinal conflicts, they
also ruled on practical matters (such as jurisdictional and institutional concerns), which were
set down in canons. In the West there was less imperial interference, and the bishop of
Rome (the pope) gradually assumed more jurisdictional authority than his counterpart
(the ecumenical patriarch of Constantinople) in the East.