What Is the Meaning of Ecclesiastical Law?
All Christian churches aspire to run their activities in accordance with the will of God. Historically, churches have achieved this by laying down rules based on Christian principles. These rules are termed "ecclesiastical law."
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Definition
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Ecclesiastical law is the internal set of rules and regulations governing a Christian church. The terms "ecclesiastical law" and "canon law" are often used interchangeably. The term "ecclesiastical" comes from the Greek "ekklesia," meaning "called out ones," and used since New Testament times to refer to the Church.
Roman Catholic Church
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The Canon Law of the Roman Catholic Church constitutes a complete legal system for the Church, and therefore has courts, lawyers and judges, as in a secular court.
The Church published many legal documents over the centuries under the decree of the pope. They were first enshrined in a single, comprehensive legal code in 1917, however. The result was the Code of Canon Law 1917. In the 1960s, Pope John XXIII announced a revision of the code, which eventually led to the Code of Canon Law 1983.
The Catholic Church teaches that its law comes from God, who authorizes the pope to formulate laws in collaboration with the bishops. In making laws, they take into account the teaching of the Bible, the traditional teaching of the Church and what may be learned of God through nature. Major legal decisions are made at gatherings known as ecumenical councils. Important councils throughout history have included the Council of Trent (1545 to 1563) and the First and Second Vatican Councils (1868 to 1869 and 1962 to 1965).
The rules contained in the Code of Canon Law address all aspects of the church and its organization, such as the authority structure of cardinals, bishops and priests, the way baptism should be celebrated, property ownership and how disputes should be resolved.
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Anglican Church
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The Anglican Communion, which is the world's largest Protestant church body, does not have a single system of ecclesiastical law. Instead, each national church, such as the Church of England, the Episcopal Church U.S.A. and the Anglican Church of Canada, has its own canon law applicable only to its geographical jurisdiction. This means, for example, that while American churches can appoint female bishops, most churches in other parts of the globe cannot.
However, the churches do have principles in common, and these have been laid down in a single document called "The Principles of Canon Law Common to the Churches of the Anglican Communion." The principles address similar issues to the laws of the Roman Catholic Church, such as leadership, ordination to ministry, membership and how correct doctrine should be decided.
Eastern Orthodox Church
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The Eastern Orthodox Church does not have a single system of ecclesiastical law. Each of its churches, such as the Russian Orthodox Church and the Greek Orthodox Church, is "autocephalic," which means it recognizes the authority of only its own bishops, rather than a single, worldwide head. The Church declares all bishops equal. Each bishop has authority over his jurisdiction, and when the bishops in a single country or autocephalous region gather together, they may make decisions collectively.
However, like the Anglican Communion, the Orthodox Church has principles of canon law in common, and various legal documents throughout the ages have been collected together in a single volume called the "Pedalion," which is Greek for "rudder."
Other Churches
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Lutheran churches set canon law depending on the Lutheran denomination to which they belong. The U.S., for example, has several Lutheran denominations, including the Evangelical Lutheran Church in America and the Lutheran Church - Missouri Synod.
The Church of Jesus Christ of Latter Day Saints, commonly known as the Mormons, has a "unitary structure." All laws governing the activity and structure of the church worldwide stem from a single authority: the president of the church and the Quorum of the Twelve Apostles.
Many local Christian churches, especially evangelical churches, have no affiliation with a larger church body at all and, therefore, determine all their laws locally.
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References
- Vatican: Code of Canon Law
- New Advent: Catholic Encyclopedia: Canon Law
- Anglican Communion Legal Advisers' Network: Principles of Canon Law Common to the Anglican Communion
- Orthodox Church in America: Autocephaly
- "Sacred Companies: Organizational Aspects of Religion and Religious Aspects of Organizations"; Nicholas Jay Demerath; 1998
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