Makes perfect sense. I often forget that, no matter how many things changed post-1962, it was not until the rewrite of Canon Law in 1983 that they officially disappeared from the Law of the Church. Thank you for that clarification.
I took a long time to write the New Code of Canon Law. Pope Paul VI wanted to oversee it himself, since he was a Doctor of Canon Law. This was an area the he enjoyed working. But he did not have time to spend on it 24/7. It was long an tedious. Then there was the issue that the best Canon Law Society in the Church is in the USA… Everything was sent to the USA for discussion and translations and more. This had to go back and forth because Paul VI spoke very little English. The law was written in Latin but the discussion were in English.
When the final draft was ready to present it to him, in 1978, the passed away. It was put on a shelf and not looked at again until about 1980. Pope John Paul II was not a lawyer. But he wanted to understand it, before he promulgated it. He took three years to study it, made some changes in those areas that concerned the bishops. He wanted the bishops to be more accountable than they had been for the past 1980 years. He added new laws regarding the bishops. This is how Archbishop Lefebvre ends up in trouble. John Paul II added the law about not ordaining other bishops without papal mandate. He also added to the commentary that the law of conscience could only be applied when the pope says that it can. In other words, if the pope says that your claim to conscience is not applicable in this case, then it’s not.
This sent some people over the top, because they had always assumed that conscience was inviolable. John Paul argued that conscience is inviolable, but there are conditions that must be met for that inviolability to apply. We have to remember, Pope John Paul was not a lawyer, but he was a philosopher and theologian. In a way, it was good for the Church that the Canons were not promulgated by Paul VI, because Paul was not a theologian. He was a lawyer.
What we got in 1983 was the best of both worlds. We got a code of Canon Law that was scrutinized by layers, theologians and philosophers. Never before had canon law been so carefully crafted, due to the lack of advanced communications that we had by 1983.
The problem comes in that the average lay person is not used to these canons, because they were using very different language from prior canons. This threw some people for a loop.
Here is where this thread comes into the picture. The canons allow for communion in the hand, but clearly state that communion on the tongue is the ordinary means of receiving the Eucharist. What the canons do not do is explain every possible exception to the two practices. It was the mind of Paul VI to make the canons as brief as possible so that they gave greater latitude to the local conference of bishops to make rules for thier areas.
When the question about communion in the hand comes up, there is no answer in canon law other than to say that the ordinary means is on the tongue, but it may be done on the hand if the local conference of bishops asks for the indult and if the local bishop alllows it.
Notice that this whole language is about bishops. This does not address religious houses or religious. These canonical persons are not under bishops. The canons do not speak about them when discussing communion in the hand or on the tongue.
The canons also make it very clear who the ordinary ministers of holy communion are: deacons, priests and bishops, with some exceptions an acolyte. But the acolyte is not an ordained person.
The canons also make it very clear that there must be a proper preparation and orientation before you can implement communino on the hand. However, the canon does not assume that those who receive communion on the tongue are better catechized. Why not? Because canon law is not about catechesis. It’s about what may lawfully be done. There are other guidelines for catechesis. So canon law simply says that you must catechize. To know how to do that, you have to go to the documents on catechesis.
I always use this example, canon law is not about love. The word love does not appear in canon law. It appears in the commentaries, but not in the law. Why not? The purpose of canon law is to make sure that we’re all doing what we should do, not to make us saints. Spirituality and catechesis are supposed to focus on that. You go to canon law to find out what you can and cannot do.
Fraternally,
Br. JR, OSF
