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Opinion - Canon law ignored

Published: February 02, 2010

Before the report was published in late November, it was common among some commentators to insist that the root of the crisis was too heavy a reliance on canon law. Michael McDowell, a former Minister for Justice, even insisted that the abuse of children was compounded by canon law.

Judge Murphy's report demolishes that mythical thinking in one fell swoop and serves as a vindication of the Church's law. The report makes it clear that canon law was not the problem.

In fact, the problem of child abuse by clerics was made worse by the reckless actions of Church officials, who simply refused to implement canon law. In the opening pages of the Murphy Commission report, it is made clear that Church law refers to the abuse of a minor as the "worst crime."

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For David Quinn, director of the Iona Institute, the reports' findings about canon law are crucial. "What we see in the report is a rejection of canon law by more liberal elements within the Church," he said. "From the 1960s onwards the Church's penal process is virtually abandoned in Dublin and a purely therapeutic approach to the issue of sexual abuse by priests is adopted."

According to Quinn, "within liberal elements canon law began to be discredited and this has wreaked the most terrible havoc."

His contention is backed up by the report itself. Judge Murphy notes, "Canon law, as an instrument of Church governance, declined hugely during Vatican II and in the decades immediately after it."

- Michael Kelly

Full article @ Catholic World Report

 

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Recent Comments

  1. This is a very comprehensive and thought provoking article. It is a great affirmation of the beauty of Canon Law and the fact that it has been ignored in the whole process. One thing that was not mention is, I believe, the real problem. In a word, Clericalism where the Priest and Priesthood is felt to be SO sacred that it has to be protected at all cost. Cure that mindset and it could be that we are on the way to understanding and dealing with the problem.

  2. Remember this is the 1983 revision. One must look also at the 1915 Codex. Sacred is as Sacred does, short of that is Laic. Tu es Sacerdos....upon their souls are their own human failures...but they are Alter Christus In Persona Christi! Even the great St. Francis of Assisi would agree.

  3. I would agree with Stephen that Canon Law, which governs the discipline of the Church and its members, was ignored by "progressive" bishops and their staffs since VAT-II. The changes which came in the wake of the Council also tended to emasculate the priesthood and deprive it of its "raison d'etre." Some priests began wearing secular garb and adopting a lay mindset. It is no wonder that abuses of a sexual nature began to happen. Remove the barriers and open the floodgates! The bishops should have immediately defrocked those guilty priests upon verification of the facts. The Church could have saved itself a great deal of expense and credibility had the bishops done their duty according to the Code. Of course, there were some bishops who were no better than their errant priests. Bring back the cassock and yearly Ignatian retreats for the clergy as a starter!

  4. To the ignoring of Canon Law in many cases, you can add the ignoring of the "General Instructions on the Roman Missal" which defines how the Mass should be said. In so many parishes, clergy and laity alike behave as if they never even heard of this small volume, or that the Mass, the public worship of the universal Church, is not a work-in-progress to be tampered with and made "creative" at the will of the liturgy committee and director of music.

    No one, clergy or laity, has the authority to unilaterally defile the beauty of the Mass as it is intended to be said.

  5. The sad fact is that this is just one domain in which many bishops - and sometimes even the Holy See - fail to respect canon law.

    There are many church groups and congregations who could testify to this on property matters, for example. Of course, sometimes the congregations themselves are or have been to blame for their own naivety over or neglect of legal formalities.

  6. Long before the Second Vatican Council children were being sexually assaulted by clergy along with all sorts of wrongdoing in the Church : the people deprived of Sacred Scripture , dreadful so-called catechesis , the Liturgy cut off from participation even by the Priest who was forced to rattle off Latin as speedily as the altar boy could keep pace with . The motivation was Triumphalism .

    Triumphalism reigned for at least the past five hundred years and is in the process of making a comeback . It flourishes in an atmosphere of fear , denial and hubris .

    I am sure the Holy Spirit was sent at Vatican II because this sort of animosity and resistance to it can be provoked only by the Presence of God .

  7. Me thinks that Aloysia has been influenced by people who have a decided bias against the Church which existed before VAT II! Dreadful catechesis, deprivation of scripture, priests being FORCED to rapidly say Mass in latin; where are you coming from?? You obviously did not live prior to the Age of Aquarius! Catholics were better educated in the Faith of their fathers during the age of triumphalism than they are today, and that was due to excellent catechetical programs based on the Catechism of the Council of Trent (the last great doctrinal council) They also listened to great speakers such as Bishop Fulton J. Sheen, whose talks on radio and TV attracted large audiences (Catholics and non-Catholics alike) and produced many converts.

    The Mass, throughout the liturgical cycle, was replete with passages from the Old and New Testament as were other forms of the liturgy such as Vespers and Compline. And no priest was forced to say Mass rapidly and mindlessly. He was expected to say Mass in a reverent manner as the unbloody recreation of Christ's sacrifice on Calvary demanded! There were priests who rushed through the Mass, as there are today. However, before VAT II, this was not the norm nor should it be today! Overall, the preconciliar Church was growing and was immensely respected, even by those who disagreed with it. It had its sinners and reprobates, but it also had its great saints and dynamic missionaries who were busy spreading the Faith to the ends of the earth. How soon we forget!!

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