CANON LAW

CANON LAW. The term “canon” is a Greek word that comes from Hebrew and means a “reed or straight rod” used for measuring, i.e., a “yardstick” (which has the same bivalent senses in English). In early Christianity it was used to connote a rule or norm of behavior, truth, or faith (Gal 6:16). Canons are distinguished from dogmas (q.v.) in that canons are generally disciplinary rules for the organization and administration of the Church, whereas dogmas are immutable doctrines and basic principles of faith. For example, canons may be changed by human agency but dogmas may not. The canons of the Seven Ecumenical Councils (q.v.) are given certain precedence in the Eastern Church over laws of local churches.

Canons differ also from state laws on Church matters, an important point since Orthodoxy has a long history of relations between Church and state (q.v.). Every state defines the relationship between itself and Church bodies, but this is not Canon Law. Canon Law differs both in origin and discipline from state law, e.g., Byzantine law (q.v.). Canon Law is made by the Church, while state law is issued by secular powers-two different institutions of society. Further, the principle of Church discipline is voluntary obedience and not forced constraints, as it is with the state. It is true that the Church may impose disciplinary punishment for violation of Canon Law, but these disciplinary measures are to be voluntarily accepted and followed: they are not forced. The most severe ecclesiastical discipline is excommunication, which in itself might not even physically separate the individual from the community. In summary, Canon Law is passed by the Church itself and established by its own legislative bodies. Church law does not lose its specific character if, as sometimes happens, the state assumes responsibility for it and approves it. Ultimately the Church is responsible for the formulation and application or “economy” (q.v.) of its own laws.

Eastern Orthodox Canon Law comes from three sources: Holy Scripture, Church legislation, and Church custom. Although the Scriptures (q.v.) are the basic source of Canon Law, one would search in vain there for a detailed system of Church organization. The significance of Scripture as it relates to Canon Law is that it embodies principles of Christian doctrine from which rules may be extrapolated for solving disciplinary problems within the Church-but only the Church itself may do that. The second source, Church legislation, originated not only as written rules, but also as oral tradition. The legislation is comprised of the local church councils preceding the Ecumenical Councils, the Ecumenical Councils themselves, and the local church councils afterward. Church custom or usage is different from Holy Tradition (q.v.) in that Holy Tradition is looked to for dogma, while custom is a source for ecclesiastical discipline. For example, Basil of Caesarea (q.v.) emphasized repeatedly that some disciplinary rules were accepted “not on the ground of any canon but only on the ground of usage followed by those who have preceded us” (Canon 4, 87). Still, not every custom may be a basis of Canon Law. In order to be so, the custom must have been observed for a long time, it must have been freely subscribed to, and it must be in conformity with principles of faith and order.

The body of Canon Law of the early Church included the Apostolic Canons, the Canons of the Ecumenical Councils, the Canons of the Local Councils, and the Canons of the Holy Fathers. Later collections that were popularly used are those of Dionysius Exiguus, Joh n Scholasticus, Syntagma Canonicon, The Nomocanons, and the 12th c. Canonical Editions of Aristenus, Zonaras, and Balsamon (qq.v.). The most extensive, comprehensive collections in modern times were made by Russian, Greek, Serbian, and Bulgarian scholars of the 19th c. The best available English edition of the canons of the undivided Church is H. R. Percival’s volume XIV of the Library of Nicene and Post-Nicene Fathers.