Although canon law is historically continuous from the early Church to the present day, as a result of doctrinal and ecclesiastical schisms, it has developed different, though often similar, models of codification and norms in the various Churches that have incorporated it into their ecclesiastical framework. The canon law of the Eastern and Western Churches was largely the same in form until these two groups of Churches separated in the schism of 1054. In Eastern Christianity, however, due to doctrinal and nationalist conflicts between the 5th and 7th centuries, several ecclesiastical groups (especially non-Greeks) separated from the nominal head of Eastern Christianity, the Patriarch of Constantinople, and developed their own canonical legal systems, often reflecting nationalist concerns. To achieve her noble goal, the Church, endowed with legislative power by her founder, promulgates laws in conformity with the natural and divine law. The sources or authors of this positive ecclesiastical law are essentially the episcopate and its head, the pope, the successors of the Apostolic College and its divinely appointed head, St. Peter. They are in fact the active sources of canon law. Their activity is carried out in its most solemn form by the Ecumenical Councils, where the episcopate is united to its head and summoned and guided by him, with him defining his doctrine and making the laws that bind the whole Church. The canons of the ecumenical councils, especially those of Trent, occupy an extraordinary place in canon law. But without violating the ordinary power of bishops, the Pope, as head of the episcopate, possesses in him the same powers as the episcopate united to him. It is true that over the centuries the disciplinary and legislative power of the popes has not always been exercised in the same way and to the same extent, but as the administration has been centralized, their direct intervention in legislation has become more and more evident; The sovereign Pope is therefore the most fruitful source of canon law; he may abrogate the laws of his predecessors or of ecumenical councils; it may legislate for all or part of the Church, a country or a particular group of individuals; if he is morally obliged to take counsel and follow the command of prudence, he is not bound by law to obtain the consent of one or more other persons or to comply with any particular form; Its power is limited only by divine law, natural and positive, dogmatic and moral.
Moreover, he is, so to speak, the living law, for it is believed that he has every right in the treasure of his heart (“in scrinio pectoris”; Boniface VIII. c. i, “De Constit.” in VI). Since ancient times, the letters of the Roman popes, as well as the canons of the councils, have constituted the main element of canon law, and not only of the Roman Church and its immediate dependencies. but of all Christendom; They are used and collected everywhere, and the old canonical compilations contain many of these precious “decretals” (Decreta, Statutea, Epistolae Decretales and Epistolae synodicae). Later, papal laws became more ordinary than constitutions, apostolic letters, classified according to their external form as bulls or letters, or even as spontaneous acts “motu proprio”. Since the Pope`s legislative and disciplinary power is not an unassignable privilege, the laws and regulations promulgated in his name and with his consent have his authority: although most of the decrees of the Congregations of Cardinals and other organs of the Curia have been included in the Apostolic Exhortations, the custom exists and is becoming widespread. that legislation be promulgated by simple decrees of the congregations. with papal approval. These are the “acts of the Holy See” (Acta Sancte Sedis), and if their purpose or purpose permits, they are true laws (see Roman CURIA).
Eastern Catholic canon law is the law of the 23 particular Catholic Churches sui iuris of the Eastern Catholic tradition. Eastern canon law includes both the common tradition of all the Eastern Catholic Churches, which is now contained mainly in the Code of Canons of the Eastern Churches, and the special law proper to each particular Eastern Catholic Church sui iuris. From the canons of the various councils and the writings of the Fathers of the Eastern Church, Eastern canon law developed in accordance with Byzantine Roman laws, which led to the compilation of the Nomocanons. Eastern canon law differs from Latin canon law, which developed in the remnants of the Western Roman Empire under the direct influence of the Roman Pope along his own line and is now codified mainly in the 1983 Code of Canon Law. The fundamental theory of canon law is a discipline that covers the foundations of canon law in the nature of the Church. [63] Basic theory is a more recent discipline that deals with “the existence and nature of what is juridical in the Church of Jesus Christ.” [64] The discipline attempts to better explain the nature of law in the Church, participates in theological discussions in post-conciliar Catholicism,[65] and attempts to combat “post-conciliar antijuraricism.” [66] Canon is the Greek word for rule, norm, norm or measure. It is used in the language of the Church in several ways: canon law is a code of ecclesiastical laws that governs the Catholic Church. In the Latin or Western Church, the current code is the 1983 Code of Canon Law, a revision of the 1917 Code of Canon Law.