The Evolution Of Canon Law: Change And Adaptation

Canon law is the legal system of the Catholic Church, and it can be changed. The Church's authority to change canon law comes from Jesus, who told the leaders of his Church, Whatever you bind on earth will be bound in heaven, and whatever you loose on earth will be loosed in heaven. The Pope is the only person with the power to change the Code of Canon Law, and while it is uncommon, it does happen. For example, Pope Francis has made changes to the legal procedure required in marriage-nullity cases, and in 2021, he made changes to the way that canonical statutes of limitation work to ensure that priests accused of misconduct cannot avoid punishment.

Canon law changes are rare but happen

Canon law can be changed, and while it is not a frequent occurrence, it does happen. The Pope is the only person with the authority to change the Code of Canon Law. The current Code of Canon Law, enacted in 1983, has 1,752 canons, which is fewer than the previous canon of 1917, which had 2,414 canons. The Pope can change the law to resolve ambiguity or address problematic laws.

For example, Pope Francis has made changes to the legal procedure required in marriage-nullity cases, making substantial changes to Book VII of the code on procedures. He has also made changes to the way canonical statutes of limitation work, to ensure that priests accused of misconduct cannot remain in limbo forever. The new text also directly asserts the presumption of innocence in canon law.

Pope Francis has also made changes to the way penal law related to sexual offenses is applied. Religious brothers and sisters, and even lay Catholics, can now be punished for various canonical offenses related to sexual abuse. The new text also includes several canonical crimes related to sex, grooming, and child pornography.

In addition, Pope Francis has proclaimed the new Book VI of the Code of Canon Law, which contains the universal criminal law of the Church. This book includes the "grooming" of a minor or vulnerable person, as well as the acquisition, retention, exhibition, or distribution of pornography involving young or "at-risk" persons.

The Pope is the only one who can change it

Canon law is a set of regulations that apply to all Catholic believers, both clergy and laity worldwide. The Church gets its authority to make these laws from Jesus himself, who said, "Whatever you bind on earth will be bound in heaven, and whatever you loose on earth will be loosed in heaven" (Mt 16:19, 18:18). This "binding and loosing" language was a Jewish phrase that meant "forbidding and permitting," and it gave the leaders of the Church the authority to establish rules and laws for the good of the community.

While canon law can and has changed over the centuries, the Pope is the only one who can change it. The Pope is the Supreme Legislator, and he has the authority to revise the Code of Canon Law as he sees fit. The current Code of Canon Law, released by Pope John Paul II in 1983, has 1,752 canons, down from the previous 1917 version, which had over 2,000. These canons are rules related to the governance of the Church and are divided into seven headings: general norms, the people of God, the teaching mission of the Church, the sanctifying mission of the Church, temporal goods of the Church, penal law, and procedural law.

Pope Francis has made significant changes to canon law during his papacy. He has revised the law to include new canons dealing with crimes of child sexual abuse, the attempted ordination of women, and various other abuses identified by the Church. Pope Francis has also made changes to the legal procedure required in marriage-nullity cases, directly asserting the presumption of innocence in canon law, and changing the way canonical statutes of limitation work to ensure that priests accused of misconduct cannot remain in limbo forever.

In addition to Pope Francis, previous Popes have also made changes to the Code of Canon Law. Pope Benedict XVI resolved confusion around the phrase "Omnium in mentem" by removing it from three canons, clarifying the Church's position on baptism and acceptance into the Church. Pope John Paul II added an entirely new second paragraph to canon 750 and included a reference to the new paragraph in canon 1371, clarifying that theologians and scholars who deny critical aspects of the faith may incur a canonical penalty.

While the Pope is the only one who can change the Code of Canon Law, it is important to note that these changes are uncommon and do not happen frequently. However, when changes are made, they are made public, along with an explanation of the Pope's reasoning.

Changes are made public with explanations

Canon law can be changed and has been changed over the centuries. The Pope is the only person who can change the Code of Canon Law. While it is uncommon, there have been several instances of the Pope changing the law since its promulgation in 1983. For example, Pope Francis has made changes to the legal procedure required in marriage-nullity cases. He has also revised the law to include a new canon to deal with those who steal ecclesiastical goods and those who have shown gross negligence in administration.

Pope Francis has also made changes to the way canonical statutes of limitation, called prescription, work to ensure that priests accused of misconduct cannot remain in limbo forever. The new text also directly asserts the presumption of innocence in canon law. It establishes that if a person abuses their office or power to commit a canonical crime, they should be punished more severely. The revised law also includes several canonical crimes related to sex, grooming, and child pornography.

Pope Benedict XVI also changed the code. He removed a phrase from three canons to break the confusion and clarify the Church's position: if you have been baptized Catholic or accepted into the Church, you are bound by these canons.

Pope John Paul II also made changes to the Code of Canon Law. He added an entirely new second paragraph to canon 750 and then included a reference to the new paragraph 2 in canon 1371. The pre-1998 copy of the Code of Canon Law had these canons worded differently than they are today.

All changes to the Code of Canon Law are made public, together with an explanation as to why the Pope feels they are necessary.

Canon law is based on Jesus's authority

Canon law is a set of ordinances and regulations made by ecclesiastical authorities for the governance of a Christian organization or church and its members. It is the oldest continuously functioning legal system in the West. Canon law is based on Jesus's authority, as he told the leaders of his Church:

> "Whatever you bind on earth will be bound in heaven, and whatever you loose on earth will be loosed in heaven" (Mt 16:19, 18:18).

This language of "binding and loosing" was a Jewish phrase that meant "forbidding and permitting". It pertained to the ability of scribes and Pharisees to establish rules of conduct for the faith community, and the good Jew was called by Christ to obey them (Matt. 23:3). This authority given by Jesus to the leaders of his Church empowers them to establish feast days and lay down laws for the good of the community.

The Code of Canon Law is subject to change over time as the Church sees fit. The Pope is the only person with the authority to change the Code of Canon Law. For instance, Pope Francis has made changes to the legal procedure required in marriage-nullity cases, and Pope Benedict XVI also changed the code. These changes are always made public, along with an explanation of why the Pope feels they are necessary.

Canon law is the legal system of the Church

Canon law is the legal system of the Catholic Church, comprising rules related to the governance of the Church. Canon law is observed by members of the Church, which is considered both the kingdom and the family of God. The Church derives its authority to make these laws from Jesus, who told the leaders of his Church:

> "Whatever you bind on earth will be bound in heaven, and whatever you loose on earth will be loosed in heaven" (Mt 16:19, 18:18).

This "binding and loosing" language was a Jewish phrase that meant forbidding and permitting. It pertained to the ability of scribes and Pharisees to establish rules of conduct for the faith community, and Christ called on the good Jew to obey them. Since Jesus bestowed this authority upon the leaders of his Church, they have had the power to establish feast days and lay down laws for the good of the community.

The Code of Canon Law has been revised several times over the centuries, with the last revision before 1983 being in 1917. The 1983 Code, promulgated by Pope John Paul II, contains 1,752 canons, down from the 2,414 canons in the 1917 Code. The 1983 Code covers seven headings: general norms, the people of God, the teaching mission of the Church, the sanctifying mission of the Church, temporal goods of the Church, penal law, and procedural law.

While some canons are subject to change over time, others are not. For example, the doctrine expressed in canon 900 §1 (1983) states that only a validly ordained priest can confect the sacrament of the Eucharist, and this cannot be changed. The Pope is the only person with the authority to change the Code of Canon Law. For instance, Pope Francis has made changes to the legal procedure required in marriage-nullity cases, and Pope Benedict XVI also revised the Code.

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