The Revision of Canon Law: Theological Implications

THE SECOND Vatican Council profoundly desired to bring the Church up to date (aggiornamento) and make it a more vital instrument of God's saving presence in a rapidly changing world. Crucial to the revitalization of the Church's mission was the reform of its institutional structures. Understandably, then, a significant aspect of postconciliar reform has been an unprecedented effort to reform canon law. Indeed, the timehonored relationship between total ecclesial renewal and canonical reform was recognized by Pope John XXIII in his calling for the revision of canon law as early as January 1959, when he announced the forthcoming Second Vatican Council. Two decades have elapsed since that initial call for canonical reform, and the process of revising the Code of Canon Law (henceforth Code) seems to have reached a critical stage. A consideration of some key moments in that process should help one gain a better perspective on the present status of canonical reform. The Pontifical Commission for the Revision of the Code of Canon Law (henceforth Code Commission) was established by John XXIII on March 20, 1963. However, it began to function only after the Council, since a principal aspect of its mandate was to reform the Code in light of conciliar principles. Only then could the Code be an instrument finely adapted to the Church's life and mission. On November 20, 1965 Pope Paul VI 1 See AAS 51 (1959) 65-69. See also J. J. Ryan, "Canon Law in the Gregorian Reform Epoch (c. 1050-1125): Historical Perspectives in the Present Age of Renewal," in Law for Liberty: The Role of Law in the Church Today, ed. J. Biechler (Baltimore: Helicon, 1967) 38-51; also "A Historical Perspective on the Role of the Law in the Church," ibid. 201-2. 2 For a detailed report on developments in the work of the various Code Commission study groups up to 1976, see T. Green, "The Revision of the Code: The First Decade," Jurist 36 (1976) 353-441; also R. Castillo Lara, "Estado actual de los trabajos de la Pontifica Comisión para la Revisión del C.I.C.," lus canonicum 16/32 (July-Dec. 1976) 37-48. Some popular surveys of the revision process are P. Gradauer, "Das Kirchenrecht in Dienst der Seelsorge," TPQ 125 (1977) 55-65; T. Green, "Revision of Canon Law: Progress and Problems," Priest 33/10 (Oct. 1977) 34, 37-41; J. Jukes, "Fulfilling the Law and the Prophets," Clergy Review 63/5 (May 1978) 187-91; F. Morrisey, "The Role of Canon Law Today/The Pastoral Guide to Canon Law," Chicago Studies 15/3 (1976) 236-53, esp. 24753. For two recent discussions of the present state of the question relative to the reform of the Code, see F. Morrisey, "The Revision of the Code of Canon Law," Studia canonica 12 (1978) 177-98; G. Sheehy, "Reflections on the Current State of Law in the Church," ibid. 199-210. 3 AAS 55 (1963) 363. 4 Paul VI, "The Goals of Canon Law," Origins 6/38 (March 18,1977) 602-5; F. Morrisey, "The Spirit of Canon Law/Teachings of Pope Paul VI," Origins 8/3 (June 8, 1978) 33, 3540.