CANON LAW

POPE BENEDICT XVI:

I am pleased here to quote Bl. Antonio Rosmini's truly incisive words: "The human person is the essence of law" (Filosofia del diritto, Part. I, bk I, ch. 3). What this great philosopher said with profound insight of human law, we must with all the more reason reassert for canon law: the essence of canon law is the Christian person in the Church.

Moreover, the Code of Canon Law contains the norms formulated by the Ecclesial Legislator for the good of the person and of the communities of the whole Mystical Body which is the Holy Church. As my beloved Predecessor John Paul II said in promulgating the Code of Canon Law on 25 January 1983, the Church is constituted as a social and visible structure; as such:

THE CHURCH "must also have norms: in order that her hierarchical and organic structure be visible; in order that the exercise of the functions divinely entrusted to her, especially that of sacred power and of the administration of the sacraments, may be adequately organized; in order that the mutual relations of the faithful may be regulated according to justice based upon charity, with the rights of individuals guaranteed and well defined; in order, finally, that common initiatives undertaken for an ever more perfect Christian life may be sustained, strengthened and fostered by canonical norms" (Apostolic Constitution Sacrae Disciplinae Leges, 1983, L'Osservatore Romano English edition [ORE], 31 January 1983, pp. 7-8).

The Church thus recognizes in her laws the nature as well as the means and pastoral function for pursuing her own end, which — as is well known — is the achievement of the "salus animarum".

"Canon law is thus shown to be related to the Church's very nature; it is essential for the proper exercise of the munus pastorale..." (John Paul II, At the 10th Anniversary of the Promulgation of the Code of Canon Law, 23 April 1993, n. 6; ORE, 28 April. p. 2).

If canon law is to fulfil this invaluable service it must first of all be a well-structured law. In other words, on the one hand it must be bound to the theological foundation that gives it reasonableness and is an essential title of ecclesial legitimacy; on the other, it must keep up with the changing circumstances of the historical reality of the People of God.

Furthermore, it must be formulated clearly, without ambiguity, and must always be in harmony with the rest of the Church's laws.

It is therefore necessary to abrogate norms that prove antiquated; to modify those in need of correction; to interpret — in light of the Church's living Magisterium — those that are doubtful, and lastly, to fill possible lacunae legis.

As Pope John Paul II said to the Roman Rota: "The very many expressions of that flexibility which has always marked canon law, precisely for pastoral reasons, must be kept in mind and applied" (Address to the Roman Rota: ORE, 18 January 1990, n. 4, p. 6). . . .

Since canon law outlines the rules necessary for the People of God to orient themselves effectively to their own end, one understands how important it is that this law be loved and observed by all the faithful.

Church law is first and foremost lex libertatis: a law that sets us free to adhere to Jesus. It is therefore necessary to be able to present to the People of God, to the new generations and to all who are called to make canon law respected, its concrete bond with the life of the Church, in order to safeguard the delicate interests of the things of God and to protect the rights of the weakest, of those who have no other means by which to make their presence felt, and also in defense of those delicate "goods" which every member of the faithful has freely received — the gift of faith, of God's grace, first of all —, which the Church cannot allow to be deprived of adequate protection on the part of the Law.

[Address to Pontifical Council for Legislative Texts, excerpted, commemorating the 25th Anniversary of the 1983 Code of Canon Law January 25 2008]