WHAT IS CANON LAW?
Canon Law (ius canonicum) is the technical term for the body of norms that govern the Catholic Church. It is the juridical expression of the Church's nature as both a hierarchy and a communion of believers. It includes, but is not limited to, the following subjects: the rights of the faithful, the sacraments, the sacred liturgy (liturgical law), preaching and teaching, the Magisterium, schools and universities, penalties, parishes, the authority and obligations of the diocesan bishop, the election of the Pope, property and finances, appeals to the Apostolic See, the offices of the Vatican, and Church trials.
If you have a canon law question, feel free to submit it (canonlaw@dow.org), and a canonist of the Diocese of Winona will reply at the next convenience.
CHARACTERISTICS OF CANON LAW
The chief characteristics of the canonical system are the following:
Fullness: Since the Catholic Church has been established by the Son of God, Jesus Christ, it contains all that it necessary for the functioning of the Church. This does not mean that it does not sometimes depend on other sources of law (e.g., civil law); but these other sources become relevant to the purpose of the Church to the extent that they are incorporated into the canonical system.
Integrity: Everything that matters in the life of the Church, everything that is pertinent to the Church's mission of the universal salvation of mankind finds some expression in canon law. This does not mean that every detail of Catholic life is or needs to be legislated; rather, by finding some expression in canon law, it enjoys a more firm protection and is given emphasis as a good for the life of the Church to be commonly recognized.
Exclusivity: The canonical order as an extension of divine law (to which it is wholly subject) contains all that is necessary for the Church's pursuit of her end, viz., the salvation of souls. Civil law, in itself, does not direct man to salvation, whereas canon law gives structure to the salvific activity of the Church.
Roman-ness: Canon law, as human law, finds its origin in the Vicar of Christ on earth, the Roman Pontiff. He is the source of universal canon law, and lower legislators (such as the diocesan bishop) enjoy human legislative power in virtue of canon law. (In the current law, see c. 391, §1.)
Universality: The law of the Church governs all those who are baptized and in full communion with the Catholic Church.
Dynamism: Since the Holy Spirit is the very soul of the Church, and canon law gives structure to the life of the Church, canon law is intended to be a continually developing system (ius semper reformandum). In order for canon law to be life-giving it needs to be capable of being appropriately adjusted so that it may attain the common good and thereby be an instrument of charity (vehiculum caritatis).
Institutional Corporality: Canon law provides structure for the Church as a collectivity of persons who cooperate to pursue the common goal of the Church. This collectivity is subject to proper authority according to the will of Christ, not according to the common agreement of her members.
Functional Inequality of Members: All persons in the Church are equal in terms of dignity (baptismal), basic vocation (evangelization), and destiny (eternal beatitude); but not all have the same function. Some, to varying degrees, are called to govern with broad ecclesiastical power, to sanctify directly with the ordinary means of salvation, and to teach in virtue of a canonical mission and with authority (Supreme Pontiff, bishops, religious superiors, clergy, some laity). Others are called to govern, sanctify and teach in the ordinary circumstances and with the ordinary means of the daily life of faith according to the working of the Holy Spirit in communion with the universal and local Church (most laity, non-clerical religious).
Equality of Means: Within the canonical system, all enjoy the same means for attaining the Church's end (salvation). This finds particular expression in the rights of all the faithful, e.g., the right to receive from the spiritual riches of the Church, especially the sacraments and the preaching of the Word of God (c. 213).
Publicity: While canon law addresses many private, personal concerns of the people of God, it has a public nature inasmuch as it structures the external workings of the Church.
Maximalism: Canon law is not minimalistic, seeking merely the goods of order and structure. It is designed to assist Christ's faithful pursue the maximum or the highest good: eternal salvation.
Unity with Variety: The canonical system is unified in virtue of its source (the Vicar of Christ) and its ultimate purpose (salvation). At the same time, it is not exhausted by universal provisions. A crucial aspect of canon law is the diversity of expressions at the more local levels or within different institutes within the Church. And so, there can be a variety of expressions of canon law beyond universal law, especially particular law (that emanating from the diocesan bishop, the conference of bishops, or particular councils) and proper law (that which governs individual religious institutes, associations of the faithful, etc.).
Realism: Since canon law does not even attempt to provide what is needed for every situation in ecclesial life, it is ever living with the healthy tension of rigidity and elasticity (or flexibility). A healthy rigidity is found in the firmness of laws: they are established by those endowed with legislative power, and only they or their superiors can alter them. As a rule, the law must be followed since it is directed toward the salus animarum. Nevertheless, when it is judged that this end could be harmed or neglected by following the law, means provided by the supreme legislator himself can be employed by which one may diverge from the law in a manner that is both canonically and morally permissible. This is seen, for example, in the institutes of dispensation, privilege, custom, special permissions, equity, etc.
(These notions are drawn from Javier HERVADA, El ordenamiento canónico. Aspectos centrales de la construcción del concepto (Pamplona: EUNSA, 2008) 169-205.)