Fr. Thomas Kuzhinappurathu.Pmd
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INTRODUCTION The only Christian law we have is the law of love – love of God and love of neighbour. Jesus said, “I give you a new commandment that you love one another” (Jn.13, 34). All other laws are supposed to be specifications of the law of love. They are meant to help us to love God and our neighbour better in specific situations. The 1546 canons of the Code of Canons of the Oriental Churches (CCEO) are meant to promote this law of love. It is also noteworthy that the new code of canons gives great importance to pastoral exigencies. In confronting the Pharisees Jesus said, “The Sabbath was made for humankind, not humankind for the Sabbath” (Mk.2, 27). Here Jesus teaches that laws should be framed for the good of man. They are not meant to enslave people. It further implies that every law must be discussed in order to be more fully understood. Some laws are time-bound and culturally conditioned. If they are obsolete they should be changed and replaced with more useful laws. I remember my friend Fr. Augustine Joseph telling me about a recent movie called, Provoked. It is a true story about a Punjabi girl who marries a Punjabi boy settled in London. As their marriage progresses the girl suffers great violence from her husband. Unable to stand it any longer she one day sets her husband on fire as he sleeps. She is arrested by the police and convicted for the crime. A human rights organization in London takes up her case and appeals for a retrial. They prove to the judge that the girl had been so “provoked” for so long that she was no longer in control of her faculties when she committed the crime. The case called for a redefinition of the British law. While speaking about laws, India presents an interesting challenge. India has all types of laws and a legal system as good as that of any other civilized nation in the world. Kautilya’s Arthasastra (4th century BC) is a world classic in the field of governmental laws and statecraft. Holy Father Pope Benedict XVI has said, “Mankind is not ‘law less’. All the same, there is an urgent need to preserve and to 1 Salvific Law encourage the legislation of individual states to converge towards a recognition of fundamental human rights. The growth of a global juridic culture depends, for that matter, on a constant commitment to strengthen the profound human content of ‘International norms.’”1 In this context it is worth recalling the words of Jesus, “Do not think that I have come to abolish the Law or the Prophets; I have not come to abolish them but to fulfill them” (Mt.5, 17). In a country like India it is a difficult task to explain the profundity and usefulness of laws. Observing laws help us to live peaceful and meaningful lives. Observing Church laws help us to walk in the path of salvation. This work is an attempt to examine the concept of law from a salvific viewpoint on the basis of the Code of Canons of the Oriental Churches (CCEO). When we consider this I would like to disagree to the view of Coriden, a famous canonist who said, “Canon law is not salvific; it is not a cause of grace; it is not a measure of Christian life or of good conscience; compliance with it is not specially pleasing to the Lord. We are saved by faith and love. Salvation is not gained nor the Lord’s favor won by obeying the law either civil or canon.”2 Here Coriden opines that law as such does not impart any grace. However it is good to quote Prof. Salachas who said, “The Canon Law is law of grace, the firm and certain guide which leads and directs the faithful towards grace.”3 None can deny the salvific instrumentality of the laws of the Church. Since the Church is the sacrament of salvation its laws can be nothing else except true indicators to the mystery of salvation. Nowadays the law is often thought of as a rigid code designed to limit human freedom or at least human behaviour, however, this is not a proper understanding of law. According to the original Christian view, law has a more human and equitable meaning. 1. BENEDICT XVI, “Message for the World Peace day 2008” 2. CORIDEN, “Law in Service to the People of God”, 5. 3. SALACHAS, Il Regno, 51 2 Chapter 1 THE SALVIFIC CHARACTER OF LAW: AN HISTORICAL OVERVIEW 1.0 Introduction The Christian idea of God is that of infinite goodness and holiness. He is conceived as the Creator of all reality other than Himself. The origin of each and every existence is understood as by an act of creation by God. St. Ephraem of Nisibis wrote in one of his hymns, “It is You, who fashioned the dust at the beginning in Your mercy, and it is You who have conferred upon it Your gift in love. It is You, O Good One, who have created Adam, even though You knew that he would be ungrateful and go astray: You fashioned him nevertheless, so that You might make him victorious.”1 God conceived all existence to have an intrinsic meaningfulness to be worthy of His love. The Christian concept of human existence, however, is that of a certain finite nature. Karl Rahner wrote, “Moreover there is in man, and consequently in the world, the mystery of sin and guilt, and consequently of evil and the absurd.”2 Therefore, there is a certain incompatibility between the concept of the ultimate goodness of God the creator and the limitations of man, the crown of His creation. It leads us to a genuine concept of the salvific will of God. God, therefore, gave humanity the commandments so that it would go forward to its eternal destiny, salvation. The first chapter attempts to examine the concept of law from a salvific point of view, first we consider the nature of salvation as propounded by the Catholic Church, and then analyse the 1. ST.EPHRAEM, Nisibene Hymns, 69, 1-2 2. RAHNER, “Salvation’’, 405 3 Salvific Law historical evolution of the concept of law and its salvific significance. 1.1 Salvation: Reality and Realisation The idea of salvation according to Catholic theology is examined here. We will analyse the different terms used in the Bible and other contemporary sources to signify the concept of salvation. Then we take in to consideration the different theological significances of the idea of salvation. And finally we try to look at the realisation of salvation in human history. 1.1.1 The Concept of Salvation: A Terminological Analysis The Hebrew word is used through out the Old Testament to mean to save. The noun form of this verb is , which means salvation or help. All together this noun form occurs 78 times in the Old Testament and the majority of the occurrences are in the Psalms. In many cases the term is designated to mean the assistance in war (Josh. 10,6; Jdg. 12,2; 1 Sam. 11,3; 2Sam. 10,11; 2Kg. 16,7; 1 Chron. 19,12).3 The term has also an important meaning in legal matters. Here it means that if one experiences injustice, one raises a cry for assistance, where upon those who hear it are obliged to render aid. The king is also an authority to whom one can address such a claim. The function of the king is seen chiefly in his responsibility to “help” his people (1Sam. 10,27; Hos. 13,10; Jdg. 8, 22; Jer. 23, 6).4 Thus the term , is used in the Old Testament with both military and juridical nuances. The verb is particularly prominent in the Psalms, where men look both backwards to past and forward to future deliverance from enemies and trouble (Ps. 11, l;l 9, 9). Deliverance or salvation is the work of God, but its precise content varies according to context and circumstances.5 The Psalms use 3. See, STOLZ, “yshi’’, 584-585. 4. See, STOLZ “yshi’’, 585 5. See, BROWN, “sozo’’, 205. 4 An Historical Overview this term in the sense of profane legal usage. The cry for assistance can be seen in the following passages: Ps. 59,2; 71,1; 20,6; 22,21. The term also has the significance of preservation and redemption (Ps. 86,2; 106,10). The supplicant in distress awaits the answer and the saving intervention of Yahweh. God’s assistance is available especially for the king, who is responsible for executing divine justice, and for the poor and suffering, who have particular need of it (Ps. 18, 28; 72,4; 109,31; Job. 5,15). One of the parallel expressions of this term is mošia and it clearly gives the notion of deliverance and salvation. And some assume that all the major judges were originally not called šopet but mošia (Jdg. 3,9). The function of “saving” was also attributed to the judges: Shamgar (Jdg.3,31), Gideon (Jdg 6, 14f), Samson (Jdg. 13, 5).6 The Qumran scrolls frequently refer to God’s saving and helping hand working in the history of Israel.7 According to them God’s saving action also figures in the personal life of the God’s selected ones. These age-old hymns testify to the experiences enjoyed by the one who trusts in the help of God.8 In the rabbinic writings yešûâ means the helping intervention of God, which is more prominent than the saving work of men.