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At first sight, my choice of "church law" as a subject for theological consideration seems at odds with the usual focus of these catechetical letters. We may well ask questions as to the relevance of a set of laws and codes to the Church's role in God's work of salvation. We may also ask whether in fact any binding legalistic structure within "the Body of Christ" is antithetic to the doctrine of Our Lord's liberating sacrifice on the Cross. Did not the Father's creation of a New Covenant through his Son release us from the binding power of sin ? Did this not also release us from the then legalistic interpretation of the unchanging divine law, and emphasise the law of love ?
Those of us who have long memories (mostly because of our age) will remember when the very existence of "Canon Law" and particularly its enforcement was not exactly received with enthusiasm ! Prior to the new "Code of Canon Law" being promulgated in 1983, although there had been a revision in 1917, much of the tone of these laws and codes retained a strong element of legalism, the existence of which, to many within the Church, was in contrast to their understanding of the nature and mission of the Church.
There is no doubt in my mind, that this element of legalism in matters of justice within the body of the Church was a serious obstacle to the effective work of the mission of the Church. The principles of true justice can never be properly applied where such legalism exists, particularly in the context of the Church where it existed together with clericalism. From the Council of Trent in the 16th century up to the reforming Code of 1983, this 'clerical legalism' gradually took hold of the administration and hierarchical elements of the Church to the detriment of justice within its mission.
So what changed with the 1983 Code of Canon Law ? Are there still elements of legalism in the governance of the Church ? What are the principles upon which the existence of such laws and codes can be justified ? What relevance can such a Code have for our everyday lives as followers of Christ ?
These are some of the questions I want to address in this letter. If the canonical laws and codes of the Church are to be at the service of Our Lord's mission, they have to be seen by us to be at the service of the justice and truth of that mission. Then, and only then, will they be received with love and enthusiasm as a gift of God for his Church.
In 1983, in his promulgation of the new Code of Canon Law, Pope John Paul II emphasised the necessity of canon law for the Church, not as a salvific instrument in itself, but "an effective instrument by the help of which the Church will be able to perfect itself in the spirit of the Second Vatican Council, and show itself ever more equal to carry out its salvific role in the -world." (1983 Apostolic Constitution). In any attempt at identifying the roots and justification for a system of Church laws and codes, the fundamental principle of service to the Church's role in God's work of salvation for the world is of prime importance. Ultimately, therefore, any requirement for such a system, or any other Church initiative, can only truly be found in the light of Our Lord's teaching on the nature and mission of his Church.
It is clear from the history of the Church that at different times the crucial and fundamental relationship of church law and mission has not been a good one. Far from being an "effective instrument" in the service of the Church's salvific role, canon law, in its drift towards legalism, came to be regarded by the faithful as oppressive rather than helpful. It came to be seen by many as a product of clericalism, a tool to control the laity through clerical legislative power. The Church was seen as a two tiered structure in which clerics kept the laity in their place through the force of Canon Law. However justified or not, this was the perception, largely brought about by the wording and the tone of the laws and codes, and more importantly by the way they were interpreted and used.
Even if it can be seen that Canon Law is an effective instrument in the Church's mission, it is nevertheless, by its very nature, a system of control or order. In any organisation or society there are laws which are rules of conduct under which its members live, and without which there can be no order or harmony. For those rules to be effective, each member must be bound to obey them. That binding is reinforced by sanctions or penalties in order to protect the harmony of that society.
Two fundamental questions are raised by this brief consideration of the philosophy of law in relation to the Church. Is the nature of the Church, as intended and instituted by Christ in the New Covenant with the People of God, an organisation and society which needs rules of conduct in the form of laws and codes in order to safeguard order and harmony, or is it such that through conversion to and communion with Our Lord, order and harmony in the Church's life and mission is found in adherence and commitment to his teachings and example ?
In other words, can the Church carry out its divine mission by living and acting according to the Christian truths with the help of the Holy Spirit alone, or can it only do so with the additional help of a system of enforceable laws ?
In this search for justification for a juridical role within the Church, the fact that our human condition, weakened through the effects and consequencies of sin, is responsible for the breakdown in order and harmony between individuals and communities must always be at the forefront of our minds. If each person was perfect there would be no need for rules of conduct to protect rights and duties. Our conduct would be in perfect harmony with the created laws of our own human nature.
We can all see, from the world around us, the social consequencies of individual sins, whether it be the breakdown of personal relationships within the family unit or the breakdown of relationships between communities and States leading to wars. The visible Church community here on earth is no exception. Sin is ever present, causing breakdowns in relationships at all levels within the Church. The teaching in Our Lord's parable on the "weeds" (tares) growing with the wheat (Matt. 13:29) is very often forgotten.
Therefore it appears that some kind of system of law and order can also be justified for the Church community here on earth in order to protect the wheat from the weeds, the good from the bad. But the problem has always been in deciding how such a system is to be applied to such a multi-faceted community such as the Church, especially as its mission is based on love of God and love of neighbour. How does Canon Law express that love in its nature and application ?The need for Codes of practice
In the farewell discourses of John's Gospel, Our Lord sets out the principles of love and truth upon which his disciples are to live as a community, "I give you a new commandment: love one another, you must love one another just as I have loved you. It is by your love for one another that everyone will recognise you as my disciples."(John 13:34-35). As the Church communities grew, it was soon realised that the practical applications of this commandment of love in every aspect of Church life could not simply be left to individual whims or opinions. There were as many "tares" as there were wheat ! As in all societies, leadership, organisation and administration systems were needed in order to safeguard and carry-out its mission. How could this divinely commissioned, Spirit-filled community fulfil its mission in an ordered and unified way ?
The commandment of love should be the motivation for all the actions of the Church. However, the early Christians, like those throughout the history of the Church, lived in a world possessing contrasting values, and their own imperfections and weaknesses were prey to those values at variance with the rule of love. Gradually, as well as procedural rules governing the liturgical and administrative life, pressure for disciplinary rules or codes of conduct in relation to the mission of the Church began to rise.
The question arose as to what could be put in place to ensure that the practical application of the mission of the Church would always be at the service of the kingdom of God and not of the kingdom of man. Within the Church there have always been those, sometimes at the leadership level, who lose sight of the very nature and purpose of the Church as a sacrament of love and truth, and become obstacles to the true mission of the Church. There have been those also who through error, incompetence and sins such as pride, selfishness, prejudice and hardness of heart, who have caused great damage to the integrity and growth of that mission.
The earliest evidence of any formal collection of rules is found in the "Didache" (c.AD 100) which consisted of moral, liturgical and disciplinary instructions. Together with other small collections of rules, such as the "Traditio Apostolica" (c.218), these were the earliest forms of Church discipline. But the most significant development was the emergence of synods and councils. For example, the Council of Nicaea (325) issued twenty "canons" which were rules of discipline.
These developments, as a response to the ever present danger of disunity through unauthorised diverse practices and moral and liturgical abuses, were the beginnings of the movement towards the existence of laws and Codes which we have today. At the same time, the Christianisation of the Roman Empire was a major factor in the development of the form of these laws. In approximately five centuries the Church had moved from a small community to an institutional Church finding itself ruled by a Roman system of laws.
From the middle ages up to the Second Vatican Council (1962-5), Canon Law, to a large extent, was created, expressed and enforced by Church government in the style of a sophisticated civic state. But like all systems of order, the laws themselves can have a life of their own, growing and multiplying to such an extent that even the simplest things of life become controlled by legislation. These laws become oppressive and unacceptable to the community.
To avoid such legalism, the essential principles of law and justice must be followed. Church law is no exception. The formalism, legalistic hair-splitting and secular juridicism, and the sheer weight of Church legislation in that period is due largely to those Church leaders and professional canonists who lost sight of the essential purpose of Church order in its relationship to the nature and mission of the Church.
In the Apostolic Constitution of the new Code of 1983, John Paul II identifies its intention as that of Vatican II, namely the renewal of the Christian life. He goes on to clarify the purpose of the Code, "It is sufficiently clear that the purpose of the Code is not in any -way to replace faith, grace, charisms and above all charity in the lifeof the Church or of Christ's faithful. On the contrary, the Code rather looks towards the achievement of order in the ecclesial society, such that -while attributing a primacy of love, grace and charisms, it facilitates at the same time an orderly development in the life both of the ecclesial society and of the individual persons who Belong to it" (xii)
Here, the Pope is re-establishing the essential focus of any system of order in the Church. The intention is clear - to bring Church law back into the Kingdom of God from the kingdom of man. Later, in 1995, Pope John Paul made this point even more clear, "The letter and spirit of canonical legislation should reflect ever more fully the distinct nature of the Church as the sacrament of union -with God and the unity of the -whole human race." ("The Canon Law, Letter & Spirit" xvii)
In commenting on the dangers of institutionalism in the Church, Avery Dulles (now Cardinal) notes that juridicism tends to exaggerate the role of human authority and thus to turn the Gospel into a new law. It has a tendency to juridicise not only the ruling power but even the powers of teaching and sanctifying, so that the spiritual ministeries are not regarded as effective unless they conform to the prescriptions of Canon Law. ("Models of the Church" pp.39&43) The question for today is whether the Pope and the bishops have been successful in changing Church law from being a slave of legalism and juridicism to one of service to the Gospel.
Prior to the new Code, canon law was seen as pre-eminently a juridical and clerical work, governing the Church as a "perfect society" endowed with the powers of order, with jurisdiction exercised by the hierarchy. The new Code of 1983, following Vatican II, sees the Church above all as the hierarchically structured People of God, exercising in the world a ministry of teaching, sanctifying and pastoral service. After Vatican II, canon law, no less than other ecclesiastical sciences, reached back to its roots, increasingly showing its necessary dependence on the theology of the Gospel. The Church can have a legal system in an ecclesial sense if it springs from and remains under the control of the theological virtue of charity.
The laws of the Old Covenant given to Moses were recognised as holy laws because they were seen as the Word of God. Although many did not understand, these laws were given for the common good so that, through his people, God's plan for the salvation of the world would come to fruition in his Son, the Word made flesh. Far from being oppressive, they were meant to be seen as the expression of God's love for his people, "The law of jahweli (God) is perfect, refreshment to the soul; the decree of jahweli is trustworthy, wisdom for the simple. The precepts of jahweli are honest, joy for the heart; the commandment of jahweli is pure, fight for the eyes. "(Ps. 19)
Canon law is clearly not meant to be the new version of the written codes of the Old Covenant law, however much at times in its history it seemed to be. It is also clear that Our Lord did not come to abolish the law but to fulfil it; it will always be valid " until all its purpose is achieved." (Mtt.5:17-l8) However, canon law, in its wording and use, must reflect God's love for his people in the context of the practicalities of Church life, and in the context of human frailty. The present Code goes a long way along that path.
I am sure that not many actually read the New Code of canon law! I am equally certain that the very subject is regarded by many as irrelevant to the Christian life. However, in order for the Church to manifest and express its sacramental life and carry out its divine mission as a visible, organic community of love and truth, it needs order and leadership. Such unity of purpose and action is helped by an "effective instrument" such as rules of conduct enshrined in a binding Code, guaranteeing our freedom to fully engage with the mission of the Church. The theologian, later Cardinal, Henri de Lubac emphasised this relationship of the Church's earthly structure and freedom, "Even with all its ponderous earthly equipment, the Catholic Church is seen, with ever increasing clarity, to be the one effective guarantee of spiritual liberty.
." ("The Splendour of the Church" p. 173) This is why the new Code can be seen as a blessing - a help rather than a hindrance
*Quote of the month "Only in the light of a sound appreciation of the mystery of the Church will canon law become an effective instrument for the continuing renewal fof ecclesial life." (John Paul II "The Canon Law, Letter & Spirit" xviii. 1995)