Canon Law: A Historical Overview
The Code of Canon Law of 1917
After the French Revolution and the nineteenth century, church hierarchy and canon law came to have a prominent role within the Church. Canon law ceased to be an order for the world and became one order within the Church. The right of the State and the Church began to be realized through treaties and accords as a technical solution to the problem of mixed materials. Secular legal science experienced a golden age in the nineteenth century; this splendor contrasts with the plight of the Church and its right in a hostile world. The First Vatican Council defined the doctrine of faith as the infallible teaching of the Roman Pontiff under certain conditions. It was also the occasion for many bishops to express their hope that canon law should be codified into a single body of law that would provide for the knowledge, study, and dissemination of canon law. Pope Benedict XV enacted this law in 1917. The code contained 2414 canons and was divided into five books: “general rules-things-people-process-crime-punishment.”
As noted, the 1917 code served to provide a formal structure to the Church. The codex has long been an excellent tool for clergy discipline, clear guidance, and a solid foundation to guide pastoral action. It should be noted that it was a legal body that contained the old canon law on a foundation based on a perfect society. It was too rigidly applied, leaving room for change only in matrimonial matters. It put special emphasis on the hierarchical principle, i.e., it was understood that the ruling was correct because it came from a higher authority. Other causes that led to the revision of the code were not technical, but rather the code’s failure to incorporate the ecclesiological enrichment experienced by the Church with Vatican II.
The New Code of 1983
Pope John XXIII announced in 1959 the celebration of an ecumenical council and the reform of the Code of Canon Law. The reform came after the council. John XXIII opened the Council session in October 1962, and it was closed by Pope Paul VI in 1965. This Council is one of the highlights of the twentieth century, not only for the Church but for the entire world. The work on the new code began in 1966 and continued until 1982. In a departure from the process used for the 1917 code, the Vatican sent the draft code to many legal experts to solicit their views. Thousands of responses were received, and in April 1982, the final draft was sent to the Pope and a small commission of ten men for review and approval.
It was published on January 10, 1983, with an apostolic constitution, Disciplinae Leges Sacrae, added.
The new code was promulgated, and its recipients would be millions of people on every continent. This code had a vacatio legis until November 1983. This new code was Roman in technique, and its content was very legal. It incorporates theological terminology and legal approaches. The 1917 code’s charges are still present but with added extras (1752 canons in 6 books): “general rule-the people of God-teaching function (it regulates the universities of the Church)-function of sanctifying: sacraments, marriage, and regulations-processes-sanctions.”
This is the code that governs today. Just as in 1917, this code only applies to the Latin Church. The Eastern Churches are governed by a different code.
The Code of the Eastern Churches
Both the code of 1917 and the code of 1983 are aimed at the Latin-rite Catholic Church. Other Churches of Eastern or Byzantine tradition, called Eastern Churches, retain their own rites and also their own law. Despite the difficulties in precisely codifying it due to its diversity among the different churches, it was compiled and promulgated by Pope John Paul II by the Apostolic Constitution Sacri Canones of October 18, 1990. With the enactment of the Code of the Eastern Churches and the Latin Code, the unity and variety of the one Church of Christ is expressed, breathing with two lungs: the Eastern and Western. The legislation includes a special oriental organization of this church around the patriarchy and how to structure unique communion with the See of Peter. The comparative analysis of both codes will yield a rich contribution to understanding the law of the Church.
The Science of Canon Law
Canon law provides sources of law such as constitutions, general principles of law, and canon law science.
In terms of canonical science, it is reflected in magazines. We have two types of canonical science:
- The Curia: priests and Pontifical Universities like Comillas or Salamanca.
- Civilians: lay public and universities like Complutense or UAM.
Some journals that we find canonical articles in:
- Spanish Journal of Canon Law Published by the University of Salamanca.
- Ius Canonicum Published by the University of Navarre.
- Yearbook Edited by the state ecclesiastical law at the Complutense origin.