Canon Law and Current Scandal

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commenter said:
In the 1980s a new Code of Canon Law was developed to assist Catholics, specifically including laity, in Church justice in the modern era.

Yet it seems to have little effect in the current abuse scandal, and alleged cover ups.
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this is because disobedience has entered amongst some of the leadership
 
commenter said:
Why has the Code of Canon Law apparently been so useless here? Or has it been useful in some confidential ways I don’t know about?
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Last question first: I don’t think there is a whole lot of “wow, the Code was actually a lot better than I ever heard or saw!” just waiting to come to the surface. However, there certainly are many cases of processes that “handle” clerics who have abandoned their ministry or otherwise shown themselves to be unworthy/unwilling to be in the clerical state. These are not well-known cases and, in truth, do not depend on what is in the Code. The procedures I am thinking of are not part of the Code, actually. These, however, are not for abusive priests.

First question: I would say that the Code (both the prior one and the current one) have been useless because of two reasons: first, they haven’t been used. This was due to the fact that very few people were aware of how the Code could be used in these matters. When it came to marriage nullity cases, for instance (at least in the USA), very few cases were initiated until extremely simple procedures were put in place (whether or not this simplification was a good thing is a topic for another time). Cases involving clerical, criminal conduct were also not initiated due to an unfamiliarity with the procedures. For the new Code, still, the notion of a penal procedure was uncharted, scary territory for most canonists (I wouldn’t say I’m scared by it but it is not familiar to me since I am not involved in those cases). That has changed in the past 15 years or so. Here, again, simplified/more detailed procedures have helped.

Second, in the old days (60s-70s), I think the way people understood/dealt with sexual abuse of children was much different. There was little support for the notion that an ecclesiastical, criminal process was the way it should be handled. So, even if there were those who could have directed such a process, it wasn’t seen as applicable. It was more of a naive “stop doing that, Father” or “Father, go get some counseling” approach.

Dan
 
Thank you. Your usual professional compensation in spiritual Bitcoin is forthcoming.
 
Bishops don’t “bypass” canon laws especially sections 277 and 1395. They make judgements based on their wisdom. The Catholic Church uses Jesus’ teachings on mercy, forgiveness, penance, and reform which doesn’t correlate with civil laws.

Canon Law 277.3 The diocesan Bishop has authority to establish more detailed rules concerning this matter, and to pass judgement on the observance of the obligation in particular cases.
 
During the grilling of Cdl Pell at the Aus Royal Commission, that is when the public first became aware of the Vatican instruction Crimen sollicitationis. It was produced by Cdl Ottaviano in 1962 and had the force to excommunicate clergy who reported priestly crimes outside of the hierarchy of the Church. Cdl Pell expressed the power of this instruction in it’s day. In the 1980’s Pope StJPII revoked the force of the document and since then people who are aware of priestly crimes are urged to report directly to the civil authorities but the culture was already endemic and predictably slow to change.

Another problem has been the newness of recognising the crime of pedophilia or knowing what to do with in civil justice. Cover up was the order of the day whether it was in the television industry, the scouts movement, athletics institutes or religious organisations. Peoples accusations fell on deaf civil ears for whatever reason.

I think that the new generation of clergy and laity will see the fruits of all the good seeds being sown today.
 
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Emeraldlady said:
It was produced by Cdl Ottaviano in 1962 and had the force to excommunicate clergy who reported priestly crimes outside of the hierarchy of the Church.
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I think I went into this with you before but that is very misleading. Those who learned of an offence as part of their duties in an ecclesiastical trial could not reveal it to anyone outside of the trial. If there was such a revelation, excommunication was the punishment.

Dan
 
commenter said:
Why has the Code of Canon Law apparently been so useless here?
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Law, unto itself, can neither be useful nor useless.

A) Obedience vs Disobedience to Law - is part of a focus…

B) Enforcement vs Lack of Enforcement - of Law - is another part.
 
acanonlawyer said:
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Emeraldlady:
It was produced by Cdl Ottaviano in 1962 and had the force to excommunicate clergy who reported priestly crimes outside of the hierarchy of the Church.
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I think I went into this with you before but that is very misleading. Those who learned of an offence as part of their duties in an ecclesiastical trial could not reveal it to anyone outside of the trial. If there was such a revelation, excommunication was the punishment.

Dan
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Why would Pope St JPII have revoked that?
 
Emeraldlady said:
Why would Pope St JPII have revoked that?
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All penalties that were instituted, by the Holy See, prior to the 1983 Code of Canon Law were eliminated by the promulgation of that Code. There was a desire for a fresh start, so to speak, in regard to the various crimes/punishments that were here and there in canon law.

I would suspect (just my opinion–haven’t read this anywhere) that there wasn’t any real thought given to this particular excommunication, i.e., a conversation about “do we really want to get rid of the excommunications in Crimen sollicitationis?”

Dan
 
:point_up_2:t2::pray:t2::+1:t2: History is getting better. Humans learn. It’s hard to feel “good” about any of it, but we really do have a cause for triumphant celebration.
 
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