Florida Catholic | Canon Law Series

Canon Law - A Series by Father Jaroslaw Sniosek, JCL

Notion of divine law in theological reflections of Cardinal Avery Dulles

Second in an occasional series focusing on canon law, or the legal code of the Roman Catholic Church.

Published: 02.01.08

VENICE | The meaning of “ius divinum,” or divine law, has often generated divergent interpretations. At the time of the Reformation, frequently exaggerated and rigid claims for divine law exacerbated the divisions among Catholics and Protestants. The precise understanding of what constitutes God’s law for the church further polarized Protestant groups. While the Roman Catholic position on what is of “divine law” has been set forth by the Council of Trent, Vatican I and Vatican II, an attempt to define the term proved to be difficult and elusive.

In his article “Ius Divinum as an Ecumenical Problem,” Cardinal Avery Dulles adverts to the fact that the term “divine law” embraces a reality that cannot be simply reduced to either divine natural law or to human positive law. Therefore, new terminology must be considered to differentiate several of the distinct ideas that the term ius divinum connotes.

As Cardinal Dulles reflects on the meaning of ius divinum in the context of ecumenical dialogue, he crystallizes the notion of “divine law” in contemporary Catholic theology. He distinguishes between the biblical and the nonbiblical, the apostolic and nonapostolic, the reversible and the irreversible dimensions of the concept of ius divinum. The three general categories indicate varying degrees of applicability of the term ius divinum to the church’s essential elements.

This first category includes certain elements that are clearly and verifiably constituted by God’s will. Thus, they are of divine institution, apostolic origin and permanent.

Four basic biblically rooted and irreversible structural elements that constitute the fundamental mission of the church can be identified. These essential elements correspond to the sacraments of ordination, baptism, Eucharist and penance. In order to assure that the Christian proclamation and pastoral care are always extended, the church requires an apostolic ministry. The ordained must be seen as those endowed with the authority to represent Christ. Baptism seems to be demanded to provide a visible sign of initiation into a faith community and subjection of one’s life to Christ. It becomes a sign that provides deeper relationships among the members of the community who must be nourished at the Eucharist. This meal provides a powerful liturgical link to the Last Supper and the eschatological banquet. Finally, the fundamental nature of the church as a community mediating God’s forgiveness is enacted during the sacrament of penance.

The second category — the nonapostolic, irreversible, biblical/nonbiblical dimension of ius divinum — consists of certain institutional features that do not clearly appear until after the apostolic age. There is no assurance of their immediate and specific institution by Christ or the apostles. Nevertheless, once these elements become visible, they express aspects of the church’s abiding nature and are found to have biblical basis.

The church is a historically evolving reality and it is not required that all structural properties of the church should be explicitly revealed from its inception. Rather, the notion of ius divinum may be extended to incorporate free decisions made by the church inasmuch as they are consonant with the church’s essential nature. Moreover, once these determinations are made, they have permanent and irreversible effects.

Among the post-apostolic developments, one may include the remaining three sacraments of confirmation, marriage and the anointing of the sick. Although they are able to be traced to a biblical foundation, these sacraments were not universally practiced for several centuries after apostolic times. Yet, once they were discerned and implemented, these sacraments expressed the very nature of the church. Confirmation signifies the fortification by the Holy Spirit of those entering the community of faith. Marriage transforms the couple’s conjugal union in light of that between Christ and his church. The anointing of the sick symbolizes the healing ministry of Jesus and his apostles.

The third category — the reversible, nonapostolic dimension of ius divinum — envisions the possibility of divinely instituted, yet ephemeral and reversible elements of the church. Even though some developments may be willed by Christ and inspired by the Holy Spirit, they may be subsequently abrogated when the circumstances which had precipitated them either change or cease.

However, the abrogation of certain obsolete forms is not an arbitrary act of the church. Rather, the church reads the signs of the times through which God speaks. The church exercises obedience to the Lord and under a divine imperative makes necessary adaptations in a given time and place. It can be demanded of the church, for instance, that a more consensual form of leadership or greater participation and dialogue should be exercised as reflected in Vatican II’s principles of collegiality and principality.

However, the divinely willed and reversible developments can be easily confused with irreversible developments. Cardinal Dulles observes that in the past, there was a tendency among theologians to overextend the sphere of the essential elements of the church to include, for instance, cardinalate, patriarchate and archiepiscopacy. These offices would not be considered today constitutive elements of the church of Christ. In view of the past confusions regarding divinely instituted ministries, it is important to revise our determinations. Once a certain ecclesial configuration is discerned to be detrimental to the church’s nature and mission, such structure should be altered or suppressed.

Father Jaroslaw Sniosek, who has a licentiate in canon law, is a judge in the diocesan Tribunal, which ministers to people regarding their rights and duties under canon law. Readers are invited to send questions and topics for future articles to Father Sniosek at Sniosek@dioceseofvenice.org.

Notion of divine law in theological reflections of Cardinal Avery Dulles

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