If you read Canon Law, no matter which revision, when a law replaces another law, it ends in a disclaimer that that points to the fact that “as of the time of this promulgation” this is the rule.
We simply stopped doing somethings and we started doing other things. By the Feast of Pentecost 1984 (if I remember correctly), everyone had to transition from the code of 1917 to the code of 1983.
The same thing happened in 1917. It introduced new laws and eliminated old laws. A date was set to allow everyone enough time to read the new code and to allow for commentaries to be published and you just dropped the old and picked up the new.
You have to remember, Canon Law is not dogma. Therefore, even though it must respect dogma, meaning that it cannot legislate anything contrary to the faith of the Church, it is really jurisprudence at its finest. You find very few references to doctrines and virtues in Canon Law. The one word that never appears in Canon Law is “love”.
Basically, you’re not being asked to do this and avoid that out of love or out of faith. You’re being commanded out of obedience. This has nothing to do with infallibility. It’s all about authority.
Christ is the supreme law giver. The pope is the Living Law. Christ’s law lives in his heart and mind. It is his job to decree policies, disciplines and practices that will help the Church follow Christ’s law.
For example, denying Holy Communion to non-Catholic Christians was never a point of theology. It was a point of law based on theology. If we were not in communion, then receiving Holy Communion made no sense. Because it made a statement that was not true. That’s why it was prohibited.
By 1983, Bl. John Paul comes to the conclusion that non-Catholic Christians and Catholics can be in communion on some points. He relaxes the law to say that with the permission of the bishop, Holy Communion may be given to a non-Catholic Christian who believes in the real presence. The caveat is that by believing in the real presence, the person is in communion with the Catholic Church on the matter of the Eucharist. The person must ask for it. It is not to be offered. The Holy Eucharist is not finger food that you offer to everyone at the party. Only a bishop or his delegate can grant the permission.
For example, at Bl. John Paul’s funeral and at Pope Benedict’s installation, Brother Roger of Taize received Holy Communion from Cardinal Ratzinger and from Pope Benedict. Brother had already asked for permission and Cardinal Ratzinger, as the Prefect for the Congregation of the Faith, felt certain that Brother Roger believed in the real presence. He granted the permission. Brother Roger was in communion with the Catholic Church’s belief about the Eucharist and many other points too. Prior to 1983, Cardinal Ratzinger would not have had the authority to grant this request. Only the pope could have done so, because he’s not bound to canon law.
In the Catholic legal system, the person who promulgates the law is not bound by the law. It is a very medieval system of doing things. The monarch is not subject to the laws that he creates. He is only subject to Divine Law.
Today, we think of most monarchies as European monarchies, which are constitutional monarchies, not absolute. The Church’s monarchy would be more like that which you would see in some Arab countries,such as Jordan. They too preserve the Medieval concept where the monarch is not beneath the law.
This boggles the mind of most Americans and Europeans. Our systems of government are based on the consent of the governed. Not so among Catholics and many Arabs. That’s one of the points that we actually have in common and which they appreciate about Catholicism. They can deal with the pope as an absolute monarchy. This is easy to understand.
Fraternally,
Br. JR, OSF