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THEOLOGIANS’ CORNER
Excommunication: Neither Theology Nor Revelation
Contrary to what some think, Canon Law is neither theology
nor revelation. According to the Catechism of the
Catholic Church CANON LAW is “The rules which provide the
norms for good order in the visible society of the Church.” One
might liken it to by-laws of a corporation or organization.
In the introduction to The Code of Canon Law promulgated
in 1983 Pope John Paul II said “As the Church’s
principal legislative document founded on the juridical
legislative heritage of revelation and tradition, the
Code is to be regarded as an indispensable instrument
to ensure order both in individual and social life, and
also in the Church’s own activity. Therefore, besides
containing the fundamental elements of the hierarchical
and organic structure of the Church as willed by her
divine founder or as based upon apostolic, or in any
case most ancient, tradition, and besides the fundamental
principles which govern the exercise of the threefold
office entrusted to the Church itself, the Code must
also lay down certain rules and norms of behavior.” Also
in the introduction Pope John Paul II traces the very
roots of Canon Law to the Law of Jesus “Love of
God, and love of our neighbors as ourselves” and
the Sermon on the Mount especially the beatitudes.
As the introduction reminds us the first ten centuries
of the Church saw a proliferation of ecclesiastical laws.
In the middle of the twelfth century a monk, Gratian,
collected all these laws. There were many and they frequently
contradicted one another. Additional compilations were
put together through the centuries until the first coherent
code was promulgated in 1910. Pope John XXIII of happy
memory called for a revision of the code on the same
day as he called for the Second Council of the Vatican.
The revision was not undertaken until after the Council
but was promulgated in 1983.
As stated above Canon Law is a collection of rules for
good order. Unfortunately, as with most law, it requires
special training to understand how it operates in the
Church. In fact it has, with respect to the sacraments
especially, acted in such a way as to minimalize and
legalize theology. Baptism provides a good example. Catholic
children are taught that in the case of emergency anyone
may baptize by pouring water over the head of the person
to be baptized and saying (while pouring) “I baptize
thee in the name of the Father, the Son, and the Holy
Spirit.” What a minimilization of a beautiful sacrament
and the beautiful theology of being baptized into Christ
and receiving the salvific grace of God.
Technically and looking at Canon Law with legalistic
eyes the Ordinary of a diocese may excommunicate individuals
but does this fit in with the teaching of the one who
said “the Sabbath was made for man, not man for
the Sabbath” when questioned about the laws of
Palestinian Judaism? Does excommunication make sense
in a world that is not predominantly Catholic? Does it
make sense when Pastors don’t know their parishioners
and visitors don’t stand out like sore thumbs?
But even more puzzling is the prohibition to the table
of the man who ate with publicans and sinners including
his betrayer. For a code of law that finds its roots
in the law of love this is hardly a loving thing to do.
Excommunication should only happen when a person's action
poses a grave threat to the faith life of others. Call
to Action has been a rejuvenating call to the faith life
of many, not a grave threat. Gaile Pohlhaus, VOTF National
secretary
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