Canon Law And Sin: What's The Verdict?

Canon law is a set of rules established by the Catholic Church. It is distinct from the eternal moral law, which is doctrine on matters of morals and is unchanging. The eternal moral law is the justice inherent in the nature of God, and any violation of this law is always a sin. However, canon law can be changed, dispensed, and even broken by the faithful without sin or fault in certain circumstances. For example, in the Gospel of Mark, Jesus approves of David and his soldiers eating the bread of the Presence, which was reserved for priests only. This suggests that there are times when breaking canon law is not considered a sin.

Breaking canon law vs. breaking eternal moral law

Canon law is a set of rules established by the Catholic Church, whereas eternal moral law refers to the unchanging doctrine on matters of faith and morals. While canon law can be changed, dispensed, or even broken without sin in certain circumstances, the eternal moral law is the justice inherent in the nature of God and is therefore unchanging. Breaking the eternal moral law is always considered a sin.

The distinction between canon law and eternal moral law is important because it determines whether an action is considered sinful or not. Canon law contains some direct expressions of doctrine on matters of faith and morals, and these cannot be dispensed or changed. However, the rest of canon law can be changed or broken without sin in certain circumstances. For example, Jesus gave the example of David and his soldiers eating the bread of the Presence, which was reserved for priests, to show that the will of God is above canon law.

On the other hand, the eternal moral law is unchanging and any violation of it is considered a sin. God defines sin through his revealed word in the 66 books of the Bible, and it is essential to know God's law to understand what constitutes a sin. While God has the power to change his laws, such as when he allowed the consumption of meat after the flood, the eternal moral law is based on the nature of God and is therefore unchanging.

In conclusion, breaking canon law and breaking eternal moral law are two different things. Canon law can be changed or broken without sin in certain circumstances, depending on the intentions and circumstances of the individual. However, the eternal moral law is based on the nature of God and any violation of it is always considered a sin.

Canon law and the Bible

Canon law is a set of ordinances and regulations made by ecclesiastical authorities (church leadership) for the governance of a Christian organization or church and its members. The word "canon" comes from the Greek word κανών, which means "rule", "norm", "standard", or "measure". Canon law is historically continuous from the early church to the present, but it has evolved and taken on different forms over time due to doctrinal and ecclesiastical schisms.

The canon law of the Eastern and Western churches was initially very similar in form. However, after the Schism of 1054, which divided the two groups of churches, the canon law of the Eastern churches began to reflect more nationalistic concerns. On the other hand, the canon law of the Western churches continued to develop uninterrupted until the Reformation of the 16th century, during which the Church of England retained the concept of canon law and developed its own type, which is now accepted in the churches of the Anglican Communion.

In the Catholic Church, canon law is a system of laws and legal principles made and enforced by the church's hierarchical authorities. It is the oldest continuously functioning legal system in the West. The Latin or Western Church follows the 1983 Code of Canon Law, which is a revision of the 1917 Code of Canon Law. Meanwhile, the Eastern Catholic churches are governed by the Code of Canons of the Eastern Churches, issued in 1990.

Canon law includes internal ecclesiastical law or operational policy, which governs the Catholic Church and its members. It covers a wide range of topics, from liturgical practices to disciplinary measures, and is subject to interpretation and adjudication by church authorities. While canon law provides a framework for the governance of the church, it is also adaptable to changing circumstances and personal needs.

While canon law is an important aspect of church governance, it is distinct from divine law or natural law, which are considered unchanging. Canon law can be changed, dispensed, or even broken in certain circumstances without incurring sin or fault. This is because canon law is seen as subordinate to the will of God, which is the ultimate standard of what is good and right.

When is it moral to break canon law?

Canon law is the system of laws and legal principles made and enforced by the Catholic Church to regulate its external organization and government and to direct the activities of Catholics toward the mission of the Church. Canon law contains elements of both Divine Law (received from God through Divine Revelation) and Human Law (made by the Church to give order and structure to the Church and how it functions).

The answer that the Pharisees of today give to the question "When is it moral to break Canon Law?" is "Never". However, this answer is contrary to the teaching of Jesus Christ. In the Bible, Jesus gives the example of David and his soldiers, who ate the bread of the Presence that was reserved for the priests only. It was contrary to the rules established by God in the Old Testament for anyone but the priests to eat this bread. So why would Jesus, the Son of God, approve of David’s action of breaking that law?

There is a distinction between the eternal moral law, the breaking of which is always a sin, and the law of discipline (rules, rulings, liturgical norms, the rules of a religious order, the rules established by a diocese or parish, etc.). The eternal moral law is doctrine on matters of morals and is unchanging. The eternal moral law is the Justice inherent in the very Nature of God. And so God is always offended by any violation of the eternal moral law. But the law of discipline is changeable, dispensable, and allows for exceptions based on the intentions and circumstances facing an individual.

Canon law contains some direct expressions of doctrine on matters of faith and morals. If those particular Canons did not exist, the doctrines would still be in force. And so there is no dispensation from such a Canon. However, the rest of Canon Law, the Canons that are per se of the law of the Church and not of the eternal moral law, can be changed, dispensed, and even be at times broken by the faithful without sin or fault.

Jesus also gives the example of the priests in the temple who violate the Sabbath, by working on that day, and yet are without sin or fault; they are innocent. And the disciples who were rubbing the grains from the grain field and eating them, in effect working on the Sabbath, were also innocent. Jesus rejected the Pharisaical interpretation of the law against working on the Sabbath. But it is not only a question of correct interpretation. When David and his men broke the law against eating the bread of the Presence, it was not a question of interpretation. They broke the law of the Old Testament, which can be considered analogous to Canon Law, a type of Canon Law established in Divine Revelation. And yet they were innocent: without sin or fault in doing so. For the will of God is above Canon Law. Therefore, sometimes the faithful can break Canon Law, without a dispensation and without any clause in the Law giving them discretion, yet without sin or fault.

In summary, it is moral to break Canon Law when the law in question is not a matter of eternal moral law, but rather a matter of discipline or human law. In such cases, the law can be changed, dispensed, or broken without sin or fault.

The punishment for breaking canon law

Canon law is the Church's law, and it provides for various punishments when its adherents go astray. The Church teaches that penal sanctions in an ecclesial context have a three-fold aim: "repair the scandal, restore justice, reform the offender".

Canon lawyer Father John Beal outlines the following possible punishments for addressing the crime of sexual abuse by members of the clergy:

• Medicinal penalties or censures: deprivations of spiritual goods, which are theoretically temporary, and whose "primary aim is to impress upon the offender the seriousness of his crime and thereby prompt him to repent and reform". The present Code of Canon Law includes three such censures: excommunication, interdict, and suspension.
• Expiatory penalties: a prohibition from living in a particular place or an order to live in a specific place (similar to house arrest); deprivation of a power, office, function, right, privilege, faculty, favour, title or insignia; a prohibition on the exercise of powers, office, functions and rights; a penal transfer from one office to another; and dismissal from the clerical state.
• Penal remedies and penances: a formal warning given when there is grave suspicion of an offence but a lack of sufficient evidence for a penal process; a penance can be given when there is substantial evidence but the penal process is barred because of some other circumstance, such as age or infirmity. A penance could be barring the priest from ministry and requiring him to retire to a life of prayer and penance.

In addition to these punishments, there are also two non-penal strategies that may be useful in addressing the issue of sexual abuse by clergy:

• An administrative procedure leading to a dispensation from the obligations of the clerical state and a return to the lay state.
• A declaration of an impediment to the exercise of orders, which deals with those who have psychic illnesses. When a priest has committed offences but is judged too mentally unbalanced to be held criminally culpable, declaring an impediment might be the most expeditious way to distance him from public ministry and the risk of future offences.

It is important to note that the Church's understanding of the psychodynamics of sexual abusers is quite limited, and there is a risk that dismissing a cleric from the clerical state may worsen the issue as it cuts them loose from the Church's imperfect systems for monitoring and control. Balancing the aims of restoring justice, removing scandal and reforming the offender is a challenging task that requires careful consideration.

The seal of confession

> Let the priest absolutely beware that he does not by word or sign or by any manner whatever in any way betray the sinner: but if he should happen to need wiser counsel let him cautiously seek the same without any mention of the person. For whoever shall dare to reveal a sin disclosed to him in the tribunal of penance we decree that he shall be not only deposed from the priestly office but that he shall also be sent into the confinement of a monastery to do perpetual penance.

The Catechism of the Catholic Church states that:

> Given the delicacy and greatness of this ministry and the respect due to persons, the Church declares that every priest who hears confessions is bound under very severe penalties to keep absolute secrecy regarding the sins that his penitents have confessed to him. He can make no use of knowledge that confession gives him about penitents' lives. This secret, which admits of no exceptions, is called the "sacramental seal", because what the penitent has made known to the priest remains "sealed" by the sacrament.

Priests are forbidden from divulging information received in confession, even under the threat of their own death or that of others. The penalty for a priest who directly violates the seal of confession is excommunication.

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