Past as Prologue: Current Consideration of Canon Law in the United States Most Reverend John J. Myers Archbishop of Newark ******************* Address at the Convention of The Canon Law Society of America Sacramento, California October 14, 2013 Rev: 10/14/13 Page 1 I The Importance of Canon Law Standing before this gathering of dozens of Canon Lawyers, I know full well that there are those who believe that, in some circumstances, an earthquake might be a positive thing. As we consider the decades which have elapsed since the Second Vatican Council and since promulgation of the 1983 Code of Canon Law, it is important to keep in mind the continuity of the revised Code with the 1917 Code, especially in that it is “codified Law.” It is also important to note that the revised Code deliberately reflects the teaching of Vatican Council II. Vatican II spoke clearly regarding the people of God and the hierarchy and the whole structure of the Church. In doing so, it emphasized both the equality of all the baptized as well as the variety of roles and states of life of all members of the Church. II On January 25, 1959, Blessed Pope John XXIII convoked Vatican Council II and also announced revision of the 1917 Code of Canon Law. Revision of the Code was judiciously deferred until after the Council. The new Code was promulgated on January 25, 1983. In promulgating the 1983 Code, Pope John Paul II made clear that the purpose of revision was the same as that of Vatican Council II itself, namely, to foster the renewal of all Christian life. Pope John Paul II also made clear that the revised Code was not intended to replace the realities of Faith or Grace or Charity or charisms in the Church but that it was intended to facilitate “orderly development in the life of both ecclesial society and of the individual persons who belong to it.”(Sacrae Disciplinae Leges.) Canon Law is a genuine, effective legal system based on sound theology. The 1983 Code is truly a substantive, comprehensive, understandable, and accurate guide for the entire Latin Church. Significantly, the last phrase of the last Canon of the 1983 Code of Canon Law (Canon 1752) reminds everyone--particularly those who read, study, discuss, or implement Canon Law-- to keep before their eyes the fact that “the salvation of souls. .must always be the supreme law in the church.” Canon Law is also important in the Church because it orders multiple aspects of on-going ecclesial matters in a manner parallel with -- but subordinate to -- the fundamental tenets of our Catholic faith. Page 2 As with any legal system, it is evident that canon law is not self-initiated, self-justified, or self-implemented. Canon Law must be communicated to members of the Church, and its application must attempt to address the real life of real Catholics who live in real world circumstances. Moreover, Church Law should not be used to control others. It should be used to provide understandable and readily applicable means of accomplishing what is to be done. For various matters, it should also clearly indicate what is not to be done and, in some fashion, express specific consequences of actions which openly transgress norms regarding what is not permitted. This we all know well. However, a Canon Law professor in my Seminary, on the first day of class, tells the seminarians that “some regard Canon Law as the ‘dark side of the Gospel’ but, by the end of the semester, he is determined that they will realize that it is a guide, among other guides, to living a truly Christian life. Canon Law is not theology, per se. But it does contain clear statements of the Apostolic proclamation and teaching of the Church. It also intends to give good order to the Church and show the consequences of both the rights and duties of members of the Church which are consequent to this Apostolic Tradition. It is accurate to say that Canon Law helps us keep in fundamental continuity with the Church of all ages while underscoring the fact that Sacred Scripture and Sacred Tradition are paramount. Consequences of various actions/decisions in Church history need to be addressed with a legal perspective aware of that history but which also honestly and adequately addresses current issues of ecclesial reality. In short, the Church must take into account the genuine challenges which ordinary believers face. It must diligently, honestly, and openly address their real needs and real questions and real concerns in today’s world. In doing so, Church Law should strive to summarize, to some degree, our Catholic way of life and -- even more so -- to serve and enhance and encourage it. We seek not only to preserve our Catholic identity but also to offer realistic encouragement for the future. In our own era, Catholic identity has been weakened and undermined by secular society and by extreme individualism. This problem, on which I will reflect later, is something which Canonists and all who teach in the Church should not hesitate to articulate. Canon Law affirms the rights and duties of the baptized as well as the rights and duties of all those who hold specific roles and specific positions of responsibility in the Church. Page 3 Canon Law helps us understand what is important to Catholic believers: what do we care about? Even cursory examination will note that we care about the Gospel, Worship, prayer, service to others (especially those in need; e.g., Canon 529), individual rights and duties, and the truth in a genuine way. The Law underscores that the Church seeks to preserve fundamental values in every circumstance so that their expressions in various situations can be clearly determined. The Law itself is changeable because it must continue to address the situations of concrete people in real life circumstances. But the Gospel and Sacred Tradition are not changeable even though they are subject to development in understanding and application. [Thomas Guarino, STD, Vincent of Lerins, and the Development of Christian Doctrine, Baker Academic, 2013] Canon Law preserves order in the life of the Church. It answers questions such as: To what Parish do I belong? What are the duties of the Pastor? How does someone become a Pastor, a Bishop, or even Pope? Who decides these and so many other matters? Canon Law does indicate clearly who speaks for the Church and who exercises various responsibilities/obligations in the Church, including the obligation of consultation. The 1983 Code makes clear the importance of broader participation by lay persons in the life of the Church in various pastoral capacities and in various advisory boards. Significant attention is given to Bishops and to other Clergy, to those in Consecrated Life, and to members of the Church in general. It is also important to recall that Church Law is particularly concerned with Sacraments, preaching, and teaching because these eventually touch every member of the Church in a significant manner. In fact, and in practice, Canon Law is a positive and effective instrument which serves the Church as a viable legal system ad intra and ad extra. It is a sound, basic compendium of the Church’s internal discipline, and it accurately reflects the fundamental role of the Church in the World. Because of the significance and influence of ecclesiastical law, it would seem prudent -- or even imperative -- to include at least some very basic information regarding the legal system of the Church and the Code of Canon Law at every level of Catholic education in some appropriate manner. The need for more extensive and more thorough education in Canon Law would seem to be extremely necessary in the curriculum of Seminaries as well as in practical aspects of Seminary Formation. The Canon Law Society of America, as well as some other organizations and faculties, have made a significant contribution in this regard. Page 4 From a very realistic perspective, it is worth noting that a somewhat antinomian (i.e., opposed to Law in general) ethos became evident in this Country during the final decades of the last century. The long iter of Code revision after the Council may have combined with that antinomianism to foster a somewhat antinomian ethos in the Church as well. Moreover, the tragic reality of clergy sexual misconduct and abuse, which began to surface publicly a quarter century ago, certainly did not foster understanding or appreciation regarding any “inner- workings” of the Church as such. From my experience and perspective, it certainly seems that problems have risen and still arise in the Church, not only from disrespect for the role of Law but also, at least in part, from a significant lack of knowledge and/or a lack of understanding regarding the content and the role of Canon Law. In some fashion, the consequences of this lack of knowledge and/or understanding are harmful for all levels of our ecclesial community. Significantly, it appears that problems have also arisen from a failure of those in positions of ecclesial responsibility to apply Canon Law consistently and/or correctly. Clergy, especially bishops, have a primary obligation to know Church Law and to apply it properly. This is particularly important regarding procedural law which is intended to protect the rights of all members of the Church by assuring that significant matters are addressed in the same fashion at all times and at all levels regarding all persons. Thus, procedural law is not subject to dispensation, i.e., the relaxation of a law by competent ecclesiastical authority in a particular case (Canon 85).