Canon Law and the Western Legal Tradition

The church courts of England

For centuries, English ecclesiastical courts decided matrimonial cases and granted probate of wills. Two statutes of 1857 ended that role. The Matrimonial Causes Act 1857 provided that jurisdiction “exerciseable by any Ecclesiastical Court in England in respect of Divorces à Mensâ et Thoro, Suits of Nullity of Marriage … and in all Causes, Suits, and Matters Matrimonial, shall cease to be so exerciseable” (s. 2) and moved it to a new civil court (s. 6). Likewise, the Court of Probate Act 1857 provided that the probate jurisdiction of the church courts “shall … absolutely cease” (s. 3). Both took effect in 1858.

Influence on Western law

The Papal Revolution (assisted later by Aristotelian scholasticism) united these disparate strands into a philosophical synthesis that has left its imprint on virtually every part of Western law.

William B. Ewald, reviewing Harold J. Berman, Law and Revolution II, 22 Const. Comment. 181 (2005)

Summarizing the historian Harold Berman, the reviewer notes that “a good deal of criminal law, family law, and contract law fell within the purview of the Canon law.” Ideas such as the binding force of promises, good faith and equity owe much to church lawyers. In addition, Wex notes canon law’s influence on principles such as due process.

Other churches’ canons

• Church of England. Its Canons, arranged in Sections A through I, are amended by the General Synod; the current printed edition is the Ninth Edition (2026).
• The Episcopal Church. Its Constitution and Canons are its “official set of governing rules,” enacted by the General Convention; the 2024 edition took effect Jan. 1, 2025.
• Orthodox churches. The Pedalion, by St. Nicodemus the Hagiorite, “is a commentary on Greek church law” (Britannica).

Researching Western legal tradition in your state

First, find the statute or rule that governs Western legal tradition where you live. State law controls most of these questions, so the answer can change from one state to the next. Next, read recent decisions from the appellate courts in your state. They show how judges apply the law today. Also, check the local rules of the court that would hear your case. Our state procedures guide links to each state’s official rules. In addition, the Research Center explains how to confirm a source is still good law.

Sources and further reading

Official sources used on this page:

• legislation.gov.uk
• legislation.gov.uk
• churchofengland.org
• episcopalchurch.org
• britannica.com

Related reading on Lawtopolis:

• History of Canon Law: Gratian, the Corpus Iuris Canonici and the Codes
• What Is Canon Law? Definition, Sources and Scope
• The Hierarchy of Law: From Natural Rights to the Constitution, Statutes, Regulations and the UCC