Mosaic Law vs. Canon Law

[Cassie]

I’ve been reading the Old Testament. It seems like 99% of the Laws that God gave to Moses and are detailed (VERY detailed) in the OT, are no longer in affect. I know that when Jesus came, he ‘took care of’ or fulfilled the old law so we don’t have to do those things anymore. However, I’m wondering if Canon Law is a continuation of, or was born out of Mosaic Law.

 

[JoeyWarren]

Very good question!

 

[Pug]

I am not an expert, but canon law was not even codified for a very, very, long time. The Greek side of the Church was the leader, if I recall (edit…in making canons, not in codifying them). At first it seemed to consist of decrees about discipline made at various councils. I would expect it to appear more similar to Roman law than Mosaic law, given that Mosaic law was for a different type of society. (Yes, I have a copy of the Latin canons, but I don’t have a copy of Roman laws).

Of course, given that Christians read and preserved the OT, I find it hard to believe that they were not influenced by the Torah. How do you read something again and again and not take some of it in?

In case you did not know, there is the latin canon law and there is the oriental/eastern canon law, and they are not the same. (Both are Catholic, however!)

In other words, my anwer is no. Here are two canons. They don’t look very Mosaic:

Can. 123 Upon the extinction of a public juridic person, the allocation of its goods, patrimonial rights, and obligations is governed by law and its statutes; if these give no indication, they go to the juridic person immediately superior, always without prejudice to the intention of the founders and donors and acquired rights. Upon the extinction of a private juridic person, the allocation of its goods and obligations is governed by its own statutes.

Can. 991 Every member of the Christian faithful is free to confess sins to a legitimately approved confessor of his or her choice, even to one of another rite.

 

[cameron_lansing]

When Pope John Paul issued the code of the Latin Church in 1983, he explained the sources for canon law. This is contained in the Apostolic Constitution you can read at
vatican.va/holy_father/john_paul_ii/apost_constitutions/documents/hf_jp-ii_apc_25011983_sacrae-disciplinae-leges_en.html. Start where he writes, “A second question arises concerning the very nature of the Code of Canon Law.”

You will also find a solid history of canon law at newadvent.org/cathen/09056a.htm. Section III. SOURCES OF CANON LAW will be helpful. Neither is light reading, but they’re both profitable.

Dr. Ed Peters has a nice web site worth viewing about canon law at mywebpages.comcast.net/enpeters/. He also quotes paragraph 16 on the purpose of the code.

Canon laws come from many sources.

• Some of what is written in canon law is considered as coming from divine - natural law, such as the prohibition against marriage while a spouse is still alive (apart from “annulment” or dissolution), or the Sacraments.
• Some regulate things connected with matters of divine law to protect the obserrvance or integrity of the underlying divine law, such as the regulation of Mass stipends.
• Some laws reflect the teaching of the Church about matters of divine - natural law, such as the right to a good reputation, or the requirement to observe social justice.
• Sometimes a law is in place to protect a value or a principle of divine law, such as “annulments.”
• Some laws are merely ecclesiastical, or Church law, given to regulate the life of the Church in harmony and order, such as what happens when a diocesan bishop retires.
• Some law are procedural, indicating how to do things, such as the laws about canonical trials. Many of these came from Roman or European law.
• Some canons tell us how to interpret the law and when the law can be relaxed in a particular case.
• A number of canons are theological statements, often from Vatican II, such as the canons which introduce the descriptions of what consecrated life is.

These categories are not always cut and dry, and there are other categories that could be mentioned. So some study is needed to know the background of the particular canons, so they can be interpreted correctly.

Ultimately the supreme law of the Church is the salvation of souls, our union with Jesus in whom we are united with each other. It tries to promote conditions so we can be faithful and loving disciples. But it’s no substitute for faith, grace, charisms and especially charity in our lives and the life of the Church. It law in a radically different sense than secular law.