Canon Law

 

 BASIC R.C. BELIEF

The body of Church Law, consisting of laws of binding force concerning faith, morals, and ecclesiastical law.

POST VATICAN II

Vatican II undertook a modernization of Canon Law. In March of 1963, Pope John XXIII set up a pontifical commission for the revision of the Code. Drafts of the revised documents were circulated in early 1977. After receiving comments of bishops, the work will be turned over to the Pope for final approval and promulgation.

Canon lawyers around the world are reacting vigorously against the revisions. U.S. church lawyers, on October 12, 1977, declared the new laws with only one exception, "unacceptable in their very substance."

EXCERPTS FROM THE CODE OF CANON LAW: A TEXT AND COMMENTARY

Promulgated by John Paul II in 1983

Translation prepared by Canon Law Society of America

Approved by the National Council of Bishops

Published by Paulist Press, 1985

Compiled by Richard Bennett

SUBJECT: BASIS OF TRUTH

Canon 750: "All that is contained in the written word of God or in tradition, that is, in the one deposit of faith entrusted to the Church and also proposed as divinely revealed either by the solemn magisterium of the Church or by its ordinary and universal magisterium, must be believed with divine and catholic faith..."

Canon 212, Section 1: "The Christian faithful, conscious of their own responsibility, are bound by Christian obedience to follow what the sacred pastors, as representatives of Christ, declare as teachers of the faith or determine as leaders of the Church."

SUBJECT: INERRANCY

Canon 749, Section 1: "The Supreme Pontiff, in virtue of his office, possesses infallible teaching authority when, as supreme pastor and teacher of all the faithful...he proclaims with a definitive act that a doctrine of faith or morals is to be held as such."

Canon 333, Section 3: "There is neither appeal nor recourse against a decision or decree of the Roman Pontiff."

SUBJECT: EUCHARIST (Mass)

Canon 89B: "The faithful are to hold the Eucharist in highest honor, taking part in the celebration of the Most August Sacrifice, receiving the sacrament devoutly and frequently, and worshiping it with supreme adoration..."

Canon 904: "Remembering that the work of redemption is continually accomplished in the mystery of the Eucharistic Sacrifice, priests are to celebrate frequently; indeed daily celebration is strongly recommended, since even if the faithful cannot be present, it is the act of Christ and the Church in which priests fulfill their principle function."

Canon 940: "A special lamp to indicate and honor the presence of Christ is to burn at all times before the tabernacle in which the Most Holy Eucharist is reserved."

BAPTISM

Canon 849: "Baptism, the gate to the sacraments, necessary for salvation in fact or at least in intention, by which men and women are freed from their sins, are reborn as children of God, and configured to Christ...:"

Canon 868, Section 1,1: "For the licit baptism of an infant it is necessary that the parents or at least one of them or the person who lawfully takes their place gives consent."

MARY AND THE SAINTS

Canon 1186: "To foster the sanctification of the people of God the Church recommends to the particular and filial veneration of the Christian faithful to Blessed Mary ever Virgin, the Mother of God, whom Christ established as the Mother of the human race; it also promotes true and authentic devotion to the other saints by whose example the Christian faithful are edified and through whose intercession they are sustained."

IMAGES

Canon 1188: "The practice of displaying sacred images in the churches for the veneration of the faithful is to remain in force..."

CONFESSION

Canon 960: "Individual and integral confession and absolution constitute the only ordinary way by which the faithful person who is aware of serious sin is reconciled with God and with the Church;..."

Canon 978 (Section 1): "In hearing confessions the priest is to remember that he acts as a judge as well as a healer..."

CHRISTIAN COMMENT

As Christians, we accept the Bible as the rule of faith and practice.

SECULAR JOURNALS

From LOS ANGELES TIMES, 1/21/83, "HISTORIC NEW RULES WILL GUIDE CATHOLICS.

After 20 years of painstaking revision, a historic new code of universal laws for the Catholic Church will be officially issued at the Vatican Tuesday (1/23/83) by Pope John Paul II

"The new Code of Canon Law, the first overall revision of the church's rules of operation since 1917, is designed to guide the world's 700 million Catholics from conception to the grave.

"Although the final draft has not yet been made public, those familiar with the latest drafts say the document streamlines church policies, stresses flexibility for national as well as local church jurisdiction, accords greater responsibility for them laity - especially women - and drastically reduces the number and severity of penalties imposed on offending church members.

"The new law will also officially allow Catholics to become Masons, to be cremated instead of buried and will permit lay members to hold many offices formerly reserved for the clergy. They may preach and even perform marriages and baptisms under special circumstances when no priest is available. (Ed Note: Laymen could always perform valid baptisms, but only in emergency circumstances and never publicly in the church.) Protestants are no longer considered heathen; the new code allows for the possibility that in certain cases Protestants could receive Communion and last riteslast rites from a Catholic priest.

"Despite the sweeping nature of the new code, which will become binding on all Catholics on the date set by the Pope, many of the changes have already become church practice since the reforms instituted during the Second Vatican Council of 1962-65 and its aftermath.

"`The (canon) law will recognize these things already in effect,' said Father Donald E. Heintschel, a canon law expert . . . `so their inclusion in the new code is more a matter of integrating and solidifying the changes rather than introducing real innovations.'

"Father Thomas Lynch called its provisions for a new structure of administrative tribunals, or appeals courts, to settle church disputes `the big sleeper in the code.'

"The new code will make little practical difference in the way that marriage annulments are handled in the United States . . . but a mandatory review of all annulments . . . must be made by another regional review board. The additional requirement is expected to add about a month's time to the process, which usually takes from eight to twelve months.

"Canon law experts generally approve of the new version, but they say it is not without faults. `It is a compromise,' said Jesuit Father Ladislas Orsy, a noted American canonist at Georgetown University in Washington.

"The greatest criticism appears to be those disappointed that the new code maintains the church's traditional ban against women priests.

"The National Coalition of American Nuns also criticized the new laws on grounds that the code requires religious communities to submit their constitutions to Rome for approval. They said, `Why do these men (in Rome) think they have a mandate from on high to tell women religious how to live . . . without taking into consideration women's new shared experience.'"


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