Canon law - Catholic Church, Ecclesiastical Law, Code (2024)

The second Codex Juris Canonici in history for the Catholics of the Latin rite was promulgated by Pope John Paul II on January 25, 1983, and entered into effect on November 27, 1983. It contains 1,752 canons divided among seven books. The books are: (1) “General Norms,” concerning the operating principles of canon law, definitions of juridical persons, and ecclesiastical offices; (2) “The People of God,” describing the rights and duties of the faithful in general and of clerics and laypersons in particular, as well as the organizational structures of the church, papacy, episcopal college, Roman Curia, particular churches, and institutes of consecrated life; (3) “The Teaching Office of the Church,” concerning catechetical and missionary activities, schools, and media of communication; (4) “The Sanctifying Office of the Church,” describing sacraments and worship in all their forms; (5) “The Temporal Goods of the Church,” defining ownership and administration of property, contracts, and charitable foundations; (6) “Sanctions in the Church,” describing various crimes, delicts, and penalties; and (7) “Procedures,” outlining the administration of justice by ecclesiastical courts, various quasi-judicial actions, and remedies.

The declared intention of the drafters of the new code was to give practical effect to the theological insights of the Second Vatican Council. The emphasis in the new law is on the universal people of God, and the governing power of the hierarchy is presented as a call to serve. The fundamental rights of the faithful are clearly asserted, and their active participation in the life of the church is encouraged. An effort was made toward decentralization, with local bishops enjoying more autonomy. Despite criticism from some scholars and clerics that the new code remains conservative on certain issues, it is recognized that the body of the law is permeated by an ecumenical spirit and displays a respect for the freedom of conscience and religious conviction of every human being. With the new code the hermeneutics of canon law have changed significantly. Apart from the strictly legal transactions, creating enforceable rights and duties (as in matters of property), the application of the laws must be guided and moderated according to pastoral needs.

The Eastern churches

A process similar to that used for the preparation of the new code for the Latin church was in progress during the 1980s for all the Eastern Catholic churches. The first draft of the new, unified code of laws was completed in 1986. It consisted of 1,561 canons, organized into 30 titles. The institutions and structures of the Uniate churches were supported; the right to worship according to their own liturgical traditions was confirmed. The dignity and power of the patriarchs and of the major archbishops were recognized. The importance of synodal government at different levels was affirmed. Overall, the major themes found in the draft were the same as the ones in the Latin code (although arranged in a different order); in matters of common interest many canons were taken word-for-word from the Latin code. The process of consultation over this schema, once completed, is likely to bring about many changes in the proposed canons. The task of codifying in a single volume the laws of so many churches—having different historical memories, rooted in various cultures, and without a common language—is a daunting one, even if they all profess the same faith and are in communion with Rome.