As a recap, the spirituality of canon law “concerns how Church laws serve Christians in their journey towards holiness so that they may save their souls holistically and make heaven on the last day.”The spirituality of canon law is broadly divided into two: making and interpreting the law and obedience to the law. Today’s post focuses on the first dimension: making and interpreting the law.
The Church makes laws to promote holiness and salvation. Holiness is the “fullness of Christian life” and “the perfection of charity” (Lumen Gentium, 40) brought about by the intimate union with Christ in the mystery of the Holy Trinity (CCC, 2014). Christ’s salvation is holistic, involving temporal and spiritual dimensions. Hence, Jesus says that he came that we might have life in abundance (John 10:10).
Promoting holiness and holistic salvation is the purpose of making laws in the Church. The one who enjoys legislative power is to make laws that do not undermine these two realities. Here, one distinguishes between the legality and morality of a law. The legality of a law concerns following the legal provisions stipulated in making a law. For instance, a law comes into being when it is promulgated in the manner determined by the law or by the legislator (Cann. 7 & 8).
On the other hand, the morality of a law concerns the rightness of that law. Hence, a law that contradicts natural law, the Ten Commandments or promotes sin is immoral, even if the legal dimensions are correctly fulfilled, because it is against God’s purpose in creation and His invitation to holiness. Another instance is making a law to witch-hunt another or as a vendetta against someone who wronged us, whom we consider a threat to our interests, or to whom we are simply envious.
Here, too, one must distinguish between the purpose and effect of a law. The purpose focuses on why one makes a law, while the effect concerns how the existence of a law affects human behaviour. The immorality of the law depends on its purpose and not on how it subsequently affects human behaviour.
The spirituality of canon law asks: Does a law that ought to promote order and discipline in the ecclesial society also seek to promote holiness and holistic salvation of the souls of the legislator as well as the recipients of the law?
Responding to this question requires a deeper reflection because one might quickly consider a law restricting one’s rights as immoral. However, the restriction of rights, the imposition of obligations, or the stipulation of norms that promote inclusivity of all the baptised could all have a singular purpose of enabling the faithful to improve their relationship with God. In this case, the purpose of the law is not immoral, even if the law evokes negative reactions or the effect of the law turns out negative.
Therefore, if the answer to the question turns out negative, then the legislator is influenced by self-interest, jealousy, envy, or hatred, and the law, irrespective of the correctness of its legality, remains immoral. While the law remains in force unless revoked, the duration of the existence of that law or the extent of its spread does not remove its immoral nature or the moral imputability of the legislator for weaponising legislation for selfish interests or desiring evil for another. Unfortunately, while a law lacking some legal ingredients can be sanated (healed), the immorality of a law remains until the law is revoked.
In the context of the spirituality of canon law, legislators who make immoral laws undermine their own journey and that of the law’s recipients to holiness and salvation of souls.
Regarding the interpretation of the law, one distinguishes between the spirit of the law and the letter of the law. The spirit of the law is the intention behind a law brought into being or the purpose the law was created to serve. The letter of the law involves the literal reading of the words of the law. This is where legalism comes into play as a strict and literal adherence to the law.
The law is to be interpreted in a way that promotes holiness and salvation of souls. At this point, one intentionally refrains from saying interpretation according to the ‘spirit of the law’ because holiness and salvation are the ultimate guiding principles in the context of canon law. Moreover, when a legislator makes an immoral law, interpreting the law according to the spirit of the law continues to perpetuate the immoral foundation and purpose of that law, which undermines the pursuit of holiness and holistic salvation of the souls of the recipients of the law.
However, since canonical norms are rarely immoral, one can analyse legal interpretation according to the spirit and the letter of the law. Here, the spirit of the law is the pursuit of holiness and the salvation of souls, and the law is to be interpreted according to this spirit. This differs from interpretation according to the letter of the law, which is the literal interpretation of the law’s words. One who follows only the letter of the law whilst ignoring the spirit will take advantage of technicalities, loopholes, or ambiguous language to subvert justice, impose stiffer penalties in vendetta, justify negligence, and abuse authority. Hence, St Paul affirms: “Not that we are competent of ourselves to claim anything as coming from us; our competence is from God, who has made us competent to be ministers of a new covenant, not of letter but of spirit; for the letter kills, but the Spirit gives life” (2 Cor 3:5-6 NRSV).
Canon 17 of the 1983 Code states: “Ecclesiastical laws are to be understood according to the proper meaning of the words considered in their text and context. If the meaning remains doubtful or obscure, there must be recourse to parallel places, if there be any, to the purpose and circumstances of the law, and to the mind of the legislator.” Therefore, the Code of Canon Law emphasises the authentic interpretation of the law according to the letter (text) and the spirit (context) of the law and provides alternative ways (recourse to parallel places) of arriving at authentic interpretation to prevent interpreting the law solely according to the text. In light of this, Archbishop Julián Herranz, the former President of the Dicastery for Legislative Texts, emphasises the fidelity of the interpreter of the law to the intrinsically pastoral character of the canonical norm, aware that the entire legal system of the People of God has an instrumental function in the service of the salvific action of the Church.
Canon 16 §1 states: “Laws are authentically interpreted by the legislator and by that person to whom the legislator entrusts the power of authentic interpretation.”
Therefore, the spirituality of canon law asks: Does one interpret the law according to the spirit, which is to promote the journey of holiness and holistic salvation of souls, or solely according to the letter (literal interpretation) of the law?
If the interpretation is solely literal, it is not authentic; it contradicts the teaching of Christ and contravenes the law itself.
In the context of the spirituality of canon law, the legislators or the interpreters of the law who do this undermine their own journey and that of the law’s recipients to holiness and salvation of souls.
Hence, Pope Paul VI, in his 1997 speech to the Roman Rota, admonishes pastors to strive to ensure that their activity, even juridical, is pastoral, infused by the spirit, promotes justice, and does not quench the spirit.
Next week focuses on the second dimension–obedience to the law.
As this is a new journey, criticisms and recommendations will be helpful. Kindly reach me on WhatsApp or through email: chidiebere.obiodu@existentialtheology.com
May God continue to help us🙏🏾
K’ọdị🙋🏾♂️