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Canon Law Mary Ann Collins November 2002
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During the Middle Ages, the Roman Catholic Church controlled the western world. Popes gave orders to kings and emperors. Rome is no longer able to rule over secular rulers. However, it does have influence with them. The Vatican has diplomats in most countries. It also has special representatives at the United Nations and the European Union. In addition, Catholic clergy and Catholic citizens influence the countries they live in. Canon Law provides the legal basis for everything that the Roman Catholic Church does. The "Code of Canon Law" was thoroughly revised in 1983. The English translation was published in 1988. These are contemporary laws that demonstrate the spirit behind Roman Catholicism. (These laws are all contained in one 751-page book that costs $45. If you want to buy it, information is in the Notes.) [Note 1] The new "Code of Canon Law" was published by the authority of Pope John Paul II. It claims to be inspired by the Second Vatican Council (1962-1965) and to put its reforms into concrete form. It increases the power and authority of the Pope. (An article about this is online.) [Note 2] The Catholic Church no longer has the kind of power that it used to have. As a result, it can only enforce these laws within the Catholic Church. Even there, its ability to enforce them is somewhat limited, because it does not want to have unfavorable international publicity. Some provisions of the 1983 "Code of Canon Law" are written in terms that could be interpreted to apply to Protestants as well as to Catholics. (You can read these laws online. The Notes give information.) The Pope could easily resolve these issues. He could give directives to have some laws reworded, or new laws added. The Pope could also publish an encyclical to clarify these issues. That could be an interim step, while the legal changes are being made. (A reassuring statement by itself would not solve the problem, because it would not have the weight of law.) Canon 1311 says that the Catholic Church has the right to coerce the "Christian faithful" if they fail to comply with Canon Law. [Note 3] Canon 752 says that "the Christian faithful" are required to submit their minds and wills to all doctrines declared by the Pope, or the college of bishops, and to be careful to avoid anything that disagrees with those doctrines. Does the term "the Christian faithful" in these laws refer to Protestants? Or only to Roman Catholics? Canon 204 defines "the Christian faithful" in terms of baptism. Since Protestants are baptized, the definition could include them. It could also include Orthodox Christians. Canon 205 gives requirements that "the Christian faithful" must fulfill in order to be members of the Catholic Church. Therefore, the term, "the Christian faithful," is not limited to Catholics. Section 2 of Canon 825 refers to Catholics who are numbered among "the Christian faithful." This implies that there are "Christian faithful" who are not Catholics. Canon 750 says that "a person" is required to believe all Catholic doctrines. Canon 1371 says that "a person" who "obstinately rejects" any Catholic doctrine is to be punished. Does this apply to Protestants and Orthodox Christians? They are people. Canon 1371 says that "a person" who teaches a doctrine that has been condemned by a Catholic Church council is to be punished. The Council of Trent condemned every single doctrine that was proposed by the Protestant Reformers. It also condemned Protestant objections to Catholic doctrines. Does this law apply to Protestants? If it does, then they could be punished for their beliefs. Canon 1366 says that "parents" are to be punished if they allow their children to be educated or baptized in "a non-Catholic religion." The reference to baptism shows that this means Christians. However, the law says "parents," not "Catholic parents." The wording could refer to Protestants and Orthodox Christians as well as to Catholics. Canon 825 (Section 1) forbids the publication of any Bible that has not been approved by the papacy (Apostolic See) or the conference of bishops. The Catholic Church seems to be claiming the right to control the publication of all Bibles (not just Catholic ones). These laws are worded in such a broad way that they could be interpreted as applying to Protestants or Orthodox Christians. But could Catholic Canon Law actually be applied to people who are not Catholics? It happened during the Protestant Reformation. The Second Vatican Council produced a document called “Declaration on Religious Liberty.” It says that all people have a right to freedom of religion. That seems to indicate that the Catholic Church now approves of freedom of conscience and freedom of religion. However, the laws discussed in this chapter seem to show a rather different picture. The “Code of Canon Law” was revised and updated in 1983. This was 18 years after the Second Vatican Council (1962-1965). If Rome really believes in freedom of religion, then why don’t these new laws show it? In practical terms, I don’t see how the Catholic Church, as we know it today, could enforce these laws. But the laws do demonstrate a double mindedness about freedom of religion and freedom of conscience. USE OF THIS ARTICLE I encourage you to link to this article. You have permission to quote from this article, as long as you do it fairly and accurately. You have permission to make copies of this article for friends and for use in classes. NOTES 1. "Code of Canon Law," Latin-English edition, New English Translation. (Washington, DC: Canon Law Society of America, 1999.) Canon Laws provide the legal basis for what the Catholic Church does. Even the Inquisition and the persecution of Protestants were based on Canon Law. These are short laws, often consisting of only one sentence. All of them are contained in one 751-page book that costs $45. You can buy the book from the Canon Law Society of America. Their phone number is (301) 362-8197. Ask for the Latin-English edition, New English Translation (text only). This edition was printed in 1999. If they no longer have it, then ask if there is a more recent edition. Be sure to get it in English. The Latin-English edition has both English and Latin. Some editions are only in Latin. Their website address is below. If it doesn't work, then do an Internet search for "Canon Law Society of America." You can order the book by phone from Newman Book Store in Washington, DC. (It is located near a number of seminaries.) They have two phone numbers: (202) 526-1036 and (202) 526-1037. The ISBN number for the book is ISBN 0-943616-79-4. It used to be possible to order it through regular bookstores. However, in October, 2003, my local bookstores were no longer able to get it. If you want to try ordering it through a regular bookstore, you will need to give them the ISBN number. 2. "Has Roman Catholicism Changed? An Overview of Recent Canon Law" 3. The 1983 “Code of Canon Law” is available online.
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Copyright 2002, 2007 by Mary Ann Collins. All rights reserved. www.CatholicConcerns.Com
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05/15/2007