Canon Law PDF
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This document discusses canon law, its origins, and its application, including a comparison to secular law. It covers various aspects of canon law, emphasizing its role in organizational structure, behavior guidelines, and religious principles. The document explores the historical developments of canon law and its theological underpinnings.
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What is Canon Law? (2-5) Canon means rule or standard Canons are necessary Canons aren’t rigid rules but rather guidelines meant for salvation, they can be applied by a spiritual father Canons were developed through many centuries and are interpreted according to the ne...
What is Canon Law? (2-5) Canon means rule or standard Canons are necessary Canons aren’t rigid rules but rather guidelines meant for salvation, they can be applied by a spiritual father Canons were developed through many centuries and are interpreted according to the needs of the people at the time Canons are seen as standards of behavior not laws/legislation We use canons to determine whether a situation reflects God's will or not The Goal and application of Canon Law (6-8) The goal of canon law is salvation This is why it is important for your spiritual father to choose when to apply specific canons A lot of canons that were adopted centuries ago cannot be applied in the same force today They were developed over many centuries and are interpreted according to the current time Canons help us be a part of the Church without coming into conflict with each other Historical development of the Term “Canon” (9-10) In Galatians chapter 6, St.Paul talks about a standard of behavior which is a part of the Church’s ministry because it makes our actions according to the will of God. The second ecumenical council at constantinople states that the Bishop of Alexandria, according to the canons, administers the affairs of Egypt A Church historian named Socrates Galasticus used the word canon to describe the 20 canons at the first ecumenical council (Nicea) After that the word canon was used for these Church standards Why do we need canons? (11) Although the Church is divine we are still human so we need canons to help conform our behavior to the will of God and to help us achieve salvation The Development of Canon Law (12-23) The Church Was established without canons on the feast of Pentecost Because the faith was spreading so fast the fathers needed to create a systematic organization of the Church, This was done by canons which the apostles received authority to do so from Our Lord Jesus Christ Canon Law is traced back to Him The Lord Jesus Christ for example created the canon which regulated the mystery baptism but not only that but He said that we must teach the faith along with baptism This is where we get the term Catechumenate, Which is a time of period where we explain the faith to someone before they get baptized but this doesn’t apply to babies because we do it after Another canon our Lord Jesus Christ established was regulating marriage and how it should only be one man and one women, therefore divorce is not allowed because it is like committing adultery Our Lord Jesus Christ entrusted the apostles with the task of spreading the gospel and He also gave them authority to make decisions to help preach and establish the church An example of this is in Acts 1 when they replaced Judas with Mathias Another example is also in Acts 15 where they created requirements for those who wanted to become Christians St. Paul also developed Canon Law and he defined the ranks of the Church and their qualifications Later on people with this authority would gather at councils to defend the Orthodox faith against schisms and heresies The fathers who attended these councils passed down the canons to us The Church is guided by the Holy Spirit who helps us create these laws The Church also expands, amends and revises her canons This makes canon law a part of the Holy Tradition and ministry of the church Canon Law Vs. Secular Law (24-30) Canon law and secular law are very different and not only because one is related to church and one is not There are 5 reasons for this 1. Canon Law and Secular law have different sources - Canon laws source is the will of God - Secular laws sometimes come from the will of God but not always 2. Canon Law has a different goal than secular Law - Canon laws goal is salvation - Secular laws goal is Organization and to maintain order 3. Canon Law has different chronological focus than secular law - Canon law is concerned with our eternal life and current life - Secular law is only considered only with our current life 4. Canon law and secular law focus on different aspects of a person's behavior - Canon law looks on the inside and outside of a person - Secular law only looks on the outside 5. Canon Law and secular law have a different place of application - Canon law is applied to members of the church and people who want to become members of the church - Secular law is applied to everywhere Importance of Canon Law (31-38) There are 2 main reasons for its importance 1. It is how the church maintains order 2. It is also important because of its influence on other branches of theology and society There are 7 branches of theology it intersects between 1. Biblical studies - These are a fundamental source of canon law 2. Church History - Every canon is considered with its historical context - Like what was going on at the time, how was this applied - Even law students have to look at Legislative history to understand a law 3. Dogmatics - Many canons describe the Dogma (Faith) of the church 4. Ethics - Both deal with our conscience and what we do on the outside 5. Patristics - Many canons handed down to us were by specific church fathers so to understand a canon you need to understand the father 6. Liturgies - A lot of canons speak about liturgies/worship 7. Pastoral theology - The discipline of pastoral theology helps the church fathers apply the canons - This is because applying the canons is one of the hardest things of canon law There are also a lot of other non-theological disciplines that intersect with canon law such as philosophy, Greco-Roman law, Judeo-law, and secular law. Topics addressed by Canon Law (39-43) There are 4 large categories that we can divide these topics into such as: 1. Administrative Canons - Regulate Church management 2. Disciplinary Canons - Regulate the lives of the Faithful and ministry of clergy 3. Dogmatic Canons - Condemn certain heresies 4. Canons that specify territorial divisions - Where dioceses begin and end Although some canons may be outdated we still honor them and use them to help make decisions There are 6 main topics of canons talked about 1. Theology - Clarify dogma and refute heresies 2. Rituals - Addresses rites and information about them - Examples are like liturgies, sacraments, ordinations, ect… 3. Clergy - Ranks, qualifications, authorities and relationships 4. Ascetic or the monastic life - Deal with specific monasticism (Like St. Anthony and St. Macarius) 5. Personal Status - Marriage, Divorce, Engagement, ect… 6. Special issues for lay persons - Ethics of non clergy as well as relationships with the church, clergy and other lay persons Forms of Canons (44-50) There are 6 forms of canons not including Economia Economia is what allows a spiritual father to adjust a discipline for it to fit the person 1. Dogmatic (Faith) Canons - Unchangeable, Truths of the faith 2. Penitential (wrongdoing) Canons - Changeable, Address behavior correction and Spiritual healing 3. Orders - Require positive action (Ex: Bishop must be ordained by 3 others) 4. Prohibitions - Forbid certain actions 5. Administrative - Clarify roles and responsibilities 6. Exegetical Canons - Explain behaviors or situations Exegetical comes from Exegesis meaning Explanatory Canons only work when the sinner accepts the discipline imposed by the canon Abrogation of Canons (51-53 & 56) Abrogation means to abolish a canon or declare it is no longer applicable A canon can only be abolished by an equal or higher authority There is still a difference between saying a canon is abrogated and we no longer follow it Dogmatic canons are unchangeable therefore they will never be abrogated Canons that are unused most of the time are because they are no longer relevant but they still remain Despite what people may say canons are necessary with God's love, that's why we stay in the middle road Extreme approaches to Canons (54-55) There are 2 extreme approaches to canons Legalism - When we apply the canons in a very strict manner without considering the circumstances Antinomianism - Complete rejection of canons, basically believing that this contradicts the freedom Christ gave us which is equally as harmful Interpreting Canons (57-62) There are 4 ways we Interpret canons 1. Grammatical Analysis - Going back to the original text and understanding the language 2. Logical analysis - Understanding relationships between the canons and how they relate to other canons 3. Systematic analysis - Looking how the canon fits in canon law and civil law 4. Historical analysis - Understanding the historical context of the canon, what was going on at the time. All 4 tools are essential to interpret canons but they must be used with the guidance of the Holy Spirit Canons are reactive not proactive meaning they are written in response to specific circumstances, they don’t apply to everything. This is as major difference between the catholic and orthodox Church Sources of Canon Law (63-69) There are 7 sources of Canon Law 1. Holy Scriptures - The Holy Bible is the foundation for all canon law 2. Holy Tradition - Canons are passed down from church fathers 3. Canons of the Holy Apostles - Oldest canons reflecting teachings and practices of apostles 4. Canons of the Ecumenical Councils 5. Canons of Local Synods - When addressing regional issues or specific heresies 6. Canons of the early church fathers - Ones handed down by fathers such as St.Basil, St. Athanasius, particularly the ones before the split 7. Coptic Orthodox Canons - Canons by the Church created after the split Although there are many different sources God is the root There are many duplications of canons only with small differences There is a hierarchy of canons with the scripture being the highest and medieval canons at the lowest