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 There are often misunderstandings in the way the church is governed, especially when such governance is compared with our everyday experience. Archdiocesan experts in the Code of Canon Law explain how - and why - church law developed and how it functions. Feb. 16 Defining authority and structure in the church |
Understanding Canon Law Jan. 5, 2003 Sacraments and the rights of the faithful By Father Mark Simpson The previous article in this series on canon law reviewed the fundamental rights and duties of the people of God that are universal and inviolable. We also studied how the Catholic Church attempts to balance competing rights in a manner that promotes the common good for the people of the church. This article considers the sacraments and the rights that people possess in regards to receiving and celebrating them. In a general way, a sacrament can be defined as any visible sign of God’s invisible presence. The Catechism of the Catholic Church teaches that the sacraments are efficacious signs of grace, instituted by Christ and entrusted to the church by which divine life is dispensed to us. There are, of course, seven sacraments that were established by Jesus and that belong to the deposit of revelation: Baptism, Confirmation, Eucharist, Penance, Marriage, Holy Orders, and the Anointing of the Sick. Through the celebration of the sacraments, people render worship to God and strive toward holiness. The sacraments express all that we believe about our faith in all its aspects (biblical, dogmatic, pastoral, moral, etc.). In order to safeguard the sacraments, which are essential to the common good, church law regulates their proper celebration. The foundational norm with regard to the sacraments is Canon 213 of the Code of Canon Law. The canon states, “Christ’s faithful have the right to be assisted by their pastors from the spiritual riches of the church, especially by the word of God and the sacraments.” Canon 213 is based on the teaching of Vatican II as found in the Church Constitution, Lumen Gentium. Article 37 of Lumen Gentium teaches that “the laity have the right to receive in abundance the help of the spiritual goods of the Church, especially that of the word of God and the sacraments of the Church.” Article 37 also mentions that the laity should disclose their needs to their pastors “with that liberty and confidence which befits children of God and brothers of Christ.” This fundamental right of all the faithful carries with it a serious obligation for pastors to offer assistance in different ways. Some specific examples of how pastors can fulfill this obligation are listed in the code. Examples include: through preaching and catechetical formation (Canons 756-780); by caring for the sick (Canon 911 §1); by ensuring that Catholic theology is taught in Catholic universities (Canon 811); and by ensuring that proper preparation for the sacraments is provided (Canon 843 §2). A corresponding norm (Canon 843) stipulates that ministers cannot deny the sacraments to those who ask for them at appropriate times, are properly disposed, and have no impediment. At the same time, it would not be inappropriate for a minister to delay a sacrament to a person who is not properly disposed to receive it. Book IV of the Code of Canon Law, entitled “The Sanctifying Office of the Church,” lists specific norms for the individual sacraments. The code gives special attention to the sacrament of marriage given its complexity as both a civil and ecclesiastical reality. Canon law addresses only one aspect of marriage, given its human, theological, and ecclesial richness. Still, marriage is a juridical reality and church law strives to protect it within both church and civil society. In speaking about the role of law in the life of the church, Pope John Paul II has written that the Code of Canon Law must be regarded “as the essential instrument for the preservation of right order, both in the individual and social life and in the Church’s zeal.” The sacraments, a great and wonderful gift from Christ, must be faithfully protected by the rule of law.
Simpson is a judge in the Metropolitan Tribunal of the Archdiocese of Chicago. Understanding Canon Law:
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