By Msgr. Noel Burtenshaw

The new Code of Canon Law is smaller but greater.

It is smaller in the sense that there are fewer laws. The old code, in existence since 1917, has 2,414 laws to be observed. The new code, which takes effect on November 27, 1983, has only 1,752 laws. So it is smaller.

But it is greater in the sense of its new outreach. “The new code,” says Father Stephen Churchwell, Vice Officialis of the Marriage Tribunal in Atlanta, “is a pastoral book. The emphasis is much more pastoral than it was in the old volumes.”

Father Churchwell, a lawyer trained in the laws of new code, quickly and even delightedly goes on to explain what he means. “There are seven books in the new code and everywhere you look evidence of pastoral outreach is visible. For example, Book No. 2 is called “The People of God.” The rights, duties and obligations of each one is specified. But more than that, often it is the parent and not the clergy who are named as having the obligation to teach their children. Book No. 2 also mentioned Deacons, both the married and unmarried Deacons. They may now perform marriages, baptisms and other liturgical functions. In these liturgies they may perform blessings if such blessings are called for.”

“For example,” says Father Churchwell, “in a wedding they may bless the rings; in baptism water. The law invites the Deacon to fulfill his pastoral ministry in the duties he performs.”

Father Churchwell, who along with the staff of the Metropolitan Tribunal, is giving seminars in the archdiocese, notes that Book No. 4 deals with the sacramental life of the church. “However, in this book there is a heavy emphasis on preparation for the reception of the sacraments and who is responsible for that preparation.”

“In former times,” says the canon lawyer, “it was the pastor who took charge of the preparation. Now frequently it is pastor and parent. For example, when it comes to first penance, parent and pastor may decide if the child should make first penance before first communion. Of course, the pastor has the final say in the matter. However, both share this responsibility.”

The new Code of Canon Law is really a part of the ongoing renewal of the church. “Many of the new laws,” says Father Churchwell, “are direct results of the deliberations of the (Second Vatican) Council. In fact, many of the news laws (or changes, if you wish) are already in force and in use. They have now been formally written down, promulgated in the new code. And, of course, we don’t have to be reminded that the Council as a pastoral renewal of the church.”

Another interesting emphasis of the new code of church law is the responsibility and authority given to bishops in their dioceses. “Let us remember,” says Father Churchwell, “that the Second Vatican Council completed the work of the First Vatican Council. It defined the role of bishops as they lead the church with the Pope. So very many laws clearly say that the local Bishops’ Conference will make the decisions or have final say.’

Father Churchwell cites the example of Friday abstinence. The new code reinstates abstinence from meat on Friday “or from some other food, as determined by the Bishops’ Conference.” (Canon No. 1251).

Other notable items the new code mentions: Parents may not be sponsors for their children in Confirmation. Any parish which demonstrates the need may have a Vigil Mass on Saturday evening. The sacrament of Baptism can be deferred if a well-founded hope that the child will be raised Catholic is missing.

“While there are newnesses to be seen in the new law,” says Father Churchwell, “the greatest change comes with the pastoral emphasis given to this entire code of law. Having reflected the overall vision of renewal as set out in the Second Vatican Council, the church has now written that vision into her law. For many years it will affect our lives in very many ways.”