Anaya Nolan
The Pope has the authority to change church law, but not doctrine, or divine law, which is laid down by God. Ecclesiastical laws, established on human authority, can be changed by the Pope, who has supreme executive, legislative and judicial authority. The Pope can resolve ambiguities and change problematic laws, but new laws are always made public, with an explanation. An example of this is Pope John Paul II's motu proprio Ad Tuendam Fidem, which changed the wording of two canons of the Code of Canon Law.
| Characteristics | Values |
|---|---|
| Can the Pope change church law? | Yes, but only ecclesiastical laws and rules, not divine law |
| Who has the authority to change church law? | God |
| Who is the head of the Church? | Christ |
| Who has supreme executive, legislative and judicial authority of the Church? | The Pope |
| Can the Pope change doctrine? | No, but it can develop over time |
| Can the Pope change the Code of Canon Law? | Yes |
| How often does the Pope change the Code of Canon Law? | Uncommon, but it does happen |
| Can the Pope change the discipline of the Church? | Yes |
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The Pope's authority
The Pope's ability to change ecclesiastical laws is not without limits. He cannot change doctrine, which is the teaching of the Church on matters of faith and morals handed down by Jesus and the apostles. Doctrine can develop over time as the Church comes to understand it better, but it cannot be reversed or contradicted by Papal teaching. Popes can only preserve and interpret what they have received. They can clarify ambiguous teachings and make formally binding what was already informally taught, but they cannot create new doctrines.
The Pope can change ecclesiastical laws as often as the Church sees fit. For example, Pope John Paul II altered several canons in 1998 with his motu proprio Ad Tuendam Fidem, which addressed theology professors and other scholars who teach Catholic doctrine. Pope Benedict also made changes to canon law, including a canon addressing the need for Catholics to observe the canonical form for marriage. In addition, Pope Francis has slowly reversed the trend of the Church not changing by appointing moderates in several big dioceses and removing some archconservatives from their posts.
However, changing Church law is an uncommon event. The Pope's changes to ecclesiastical laws are always made public, along with an explanation of why he feels they are necessary. For instance, Pope John Paul II's changes to the canons aimed to clarify the nature of the belief that Catholics are obliged to have in matters of faith.
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Ecclesiastical laws
Ecclesiastical law, also known as jus ecclesisasticum or law spiritual, is a set of ordinances and regulations made by ecclesiastical authorities (church leadership) for the governance of a Christian organisation or church and its members. It is based on canon law, which is a set of rules adopted by a church council. Canon law is a fully developed legal system with courts, lawyers, judges, a legal code, principles of legal interpretation, and coercive penalties. It is derived from ecclesiastical and civil law and administered by ecclesiastical courts.
The Pope has supreme executive, legislative, and judicial authority in the Church. However, he serves a higher authority: Christ himself. This distinction requires a distinction between two types of laws: ecclesiastical laws, which are established on human authority, and doctrine or divine law, which is laid down by God. Ecclesiastical laws can be changed, but divine law cannot. The Pope can make changes to the Code of Canon Law to resolve an ambiguity or replace a problematic law. He can also draw out the implications of previous teachings or clarify them where they are ambiguous. However, he cannot reverse past teachings or create new doctrines.
For example, Pope John Paul II's motu proprio Ad Tuendam Fidem changed the wording of two canons of the code. This document was directed at theology professors and other scholars who teach Catholic doctrine. Pope Benedict also changed a canon that previously stated that a Catholic who had left the Church by a formal act was not bound by canonical form.
Some church leaders argue that Catholic doctrine can change and develop over time, as it did on slavery. However, others argue that doctrine will never change.
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Divine law
In the context of the Catholic Church, divine law is further distinguished between the Old Law, contained in the Pentateuch, and the New Law, revealed by Jesus Christ and contained in the New Testament. The Divine Law of the Old Testament, or the Mosaic Law, is commonly divided into civil, ceremonial, and moral precepts. Civil legislation regulated the relations of the people of God among themselves and with their neighbours, while the ceremonial regulated matters of religion and the worship of God. The moral precepts of the Divine Law are particularly significant, as they represent a Divine code of ethics.
While divine law is considered unchangeable, it is important to note that it can develop and evolve over time as the Church gains a deeper understanding of it. This evolution of doctrine is a subject of debate within the Church, with conservative and liberal Catholics disagreeing on the extent to which core Catholic teachings can change.
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Canon law
The way that such church law is legislated, interpreted, and at times adjudicated varies widely among these four bodies of churches. Canon law is not a static body of laws; it reflects social, political, economic, cultural, and ecclesiastical changes that have taken place over the past two millennia.
In the Catholic Church, canon law is the system of laws and legal principles made and enforced by the church's hierarchical authorities to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the church. The Catholic Church has what is claimed to be the oldest continuously functioning internal legal system in Western Europe. The history of Latin canon law can be divided into four periods: the jus antiquum, the jus novum, the jus novissimum, and the Code of Canon Law.
In the Latin Church, positive ecclesiastical laws, based directly or indirectly upon immutable divine law or natural law, derive formal authority in the case of universal laws from the supreme legislator (i.e., the Supreme Pontiff), who possesses the totality of legislative, executive, and judicial power in his person. The Pope has the supreme executive, legislative, and judicial authority of the Church. However, he serves a higher authority: Christ himself. Ecclesiastical laws and rules can be changed, but divine law cannot. The Pope can draw out the implications of previous teachings or clarify them where they are ambiguous, but he cannot reverse past teachings or create new doctrines.
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Catholic doctrine
The Pope is the head of the Catholic Church, and as such, he wields supreme authority. This authority is derived from Christ's promise to Peter, to whom he committed the governance of the Church. The Pope's authority is supreme, full, and immediate, and he is tasked with safeguarding the doctrines of the Church.
However, the Pope's authority is not absolute. He serves a higher authority, Christ himself, and is bound to serve the truth of the "deposit of faith", the layers of teachings and traditions accrued by the Church over more than 2,000 years. The Pope cannot change doctrine or divine law, which is laid down by God. He can only preserve and interpret what he has received, and he cannot contradict Scripture, Tradition, or previous binding papal teachings.
There are two types of laws in the Catholic Church: ecclesiastical laws and doctrine or divine law. Ecclesiastical laws are established on human authority and can be changed as often as the Church sees fit. On the other hand, doctrine or divine law is established by God and cannot be changed or reversed. An example of ecclesiastical law is the discipline of women wearing a veil at Mass, which was not retained in the 1983 Code of Canon Law and is no longer required. An example of doctrine or divine law is the belief in the immaculate conception, which is considered a dogma of the Catholic Church and is not subject to change.
While the Pope cannot change doctrine, it can develop and be clarified over time as the Church comes to understand it better. For instance, in 2007, the Vatican rejected the concept of limbo, a state on the fringes of heaven for unbaptized babies, as it was not compatible with the Church's understanding of God's grace and mercy. Similarly, the Church's understanding of mental illness has led to a more merciful posture toward people who die by suicide. In 2018, Pope Francis changed the Catechism to declare the death penalty "inadmissible". These changes do not contradict doctrine but rather reflect a deepening understanding of it.
In conclusion, while the Pope has supreme authority in the Catholic Church, he cannot change doctrine or divine law at any time. He can only interpret, develop, and safeguard the teachings passed down from Jesus and the apostles. Ecclesiastical laws, established by human authority, are subject to change as the Church sees fit.
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Frequently asked questions
No, the Pope cannot change Church laws at any time. The Pope has supreme executive, legislative, and judicial authority of the Church, but he serves a higher authority: Christ himself. The Pope is not the head of the Church, Christ is. The Pope can only change ecclesiastical laws, which are established on human authority. Doctrine or divine law, on the other hand, is laid down by God himself and cannot be changed.
Ecclesiastical laws are rules related to the governance of the Church. They are established on human authority and can be changed as often as the Church sees fit. Doctrine or divine law, on the other hand, pertains to matters of faith and morals and is based on the teachings of Jesus and the apostles. While doctrine can develop over time as the Church comes to understand it better, it cannot be changed or reversed.
The discipline of women wearing a veil at Mass was an ecclesiastical law that was not retained in the newer code, so the practice is no longer required. An example of doctrine or divine law is the belief that only a validly ordained priest can confect the sacrament of the Eucharist. This cannot be changed over time.
