Added: Chayse Ebersole - Date: 19.03.2022 05:28 - Views: 36053 - Clicks: 9358
In the years since the revised Code of Canon Law was published in , specific issues have challenged the church and made necessary certain changes in canon law. In the various inquiries into the question of abuse in the Catholic Church, the role, wording and function of canon law have been held to particular scrutiny, which has led to several recommendations. The latest revisions to Catholic Church law, published on June 1 , respond not only to the recommendations of the Australian Royal Commission but to new kinds of abuses identified by the church in the years since the last revision, including the attempted ordination of women and the various financial scandals uncovered.
Penalties are now spelled out more clearly. For a cleric, this involves removal from office and possible dismissal from the clerical state. A member of a religious institute or a layperson who holds an office or performs a function in the church found guilty of these crimes can also be punished and the church can order his or her removal from office or any ministry. The Code ly stated that only a baptized man could be validly ordained canon and that penalties could be applied on those who attempt to administer sacraments while not being qualified to do so see canons and There had, however, been no specific canon dealing with baptized women who had attempted ordination, nor any penalty prescribed for any bishop attempting to ordain a woman.
The revised canon , incorporates the measures ly outlined by the Congregation for the Doctrine of the Faith in response to this development. Penalties are prescribed for those who are not ordained priests and yet attempt the liturgical celebration of the Eucharist or who hear, or attempt to hear, a sacramental confession even though they are unable to give valid sacramental absolution. Most ificant is the inclusion of automatic excommunication for those who attempt to ordain a woman and for the woman who attempts to receive sacred orders.
The severity of this penalty is underscored by the fact that it is one of the few automatic excommunications reserved to the Apostolic See; in other words, application for the censure to be lifted has to be made to the Apostolic Penitentiary in Rome, which, in lifting this, would prescribe an appropriate penance to be fulfilled.
In addition, a cleric attempting to ordain a woman can also be punished by dismissal from the clerical state. Most ificant in the revision of the canon law is the inclusion of automatic excommunication for those who attempt to ordain a woman and for the woman who attempts to receive sacred orders. The shortest book in the Code of Canon Law Book V deals with the administration of temporal goods and outlines how these are to be dealt with, in a manner of good stewardship canon and ability canon Given the extent and monetary value of ecclesiastical holdings at local, diocesan and universal levels, there was surprisingly little in the Code in terms of penalties relating to mismanagement.
But given recent scandals—allegations of embezzlement and misappropriation of funds, money laundering, hidden off-balance-sheet funds and real estate sold for less than market value—the Code has been revised to include a new canon to deal with those who steal ecclesiastical goods and who have shown grave negligence in administration. Canon law has been revised to include a new canon to deal with those who steal ecclesiastical goods and those who have shown grave negligence in administration. In that they have closed gaps in the law that have become apparent over time, it can be argued that some of these measures will be successful.
The penalties for attempting the ordination of women are now clearly codified, so any appeal to ignorance of the law will fail. Though the penalties relating to financial mismanagement have been ificantly expanded and the Code requires that procedures are known and carefully followed at all levels of administration in the church, a challenge for the future will be to determine, in individual cases, whether mismanagement is due to malice or incompetence.
There are positive changes in church law when dealing with cases of abuse. One of these relates to imputability culpability , where a person is considered innocent until the contrary is proved canon but culpability is pd where there has been an external violation of a law. Another is that all crimes relating to child sexual abuse should apply to any person holding an office in the church regardless of whether or not they are ordained, thus reflecting the growth of lay ministry in the years since the promulgation of the Code in While the sexual abuse of minors has received the most publicity, seminarians and young priests, sisters in religious congregations and vulnerable adults have themselves been the target of sexual predator-priests.
While the sexual abuse of minors has received the most publicity, seminarians and young priests , sisters in religious congregations and vulnerable adults have themselves been the target of sexual predator-priests. The revised canons have certainly filled gaps that have become apparent in church law since the Code was originally published. Nevertheless, effective administration of canon law is still left to the prudent judgment, discernment and imagination of those who are charged with its application.
Helen Costigane, S. Your source for jobs, books, retreats, and much more. Faith News Analysis. June 10, New canon law provisions approved by Pope Francis are expected to help the Catholic Church safeguard against abuse. Ordination of women The Code ly stated that only a baptized man could be validly ordained canon and that penalties could be applied on those who attempt to administer sacraments while not being qualified to do so see canons and Financial scandals The shortest book in the Code of Canon Law Book V deals with the administration of temporal goods and outlines how these are to be dealt with, in a manner of good stewardship canon and ability canon Do the changes go far enough?
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