“The Law of Christian Freedom in the Spirit”: New Impulses for Church Legislation

“Church’s law is first and foremost lex libertatis”—this proclamation by Pope Benedict XVI (2008) inspired the author, a Catholic canonist, to attempt an aspectual reflection on the question of the quality and relevance in Ecclesia of contemporary legislation, keeping in mind the universal (ecumenical) goal of Church law: salus animarum. For in the face of today’s “signs of the times”, it is impossible to avoid the question of how, in legislating this law, interpreting and applying it, to safeguard and optimize the operability of communion bonds (bonum commune) along with the realization of subjective rights (bonum personae)? It is necessary to ask what contemporary proposals for legislative activity can serve to stimulate “organic development in the life […] of the ecclesial society and of the individual persons who belong to it” (John Paul II)? The inescapable context for this reflection today is the epochal enunciation, according to some, of Pope Francis “it is clear that ecumenical dialogue […] enriches canon law”. In the author’s opinion, the last decade has brought two interesting answers to the questions formulated above. The two “ecumenical enterprises”—to use Ecumenical Patriarch Bartholomew’s apt phrase—“fill the historical juridical deficit”; especially since theologians and jurists from different traditions have not yet worked together to demonstrate the ecumenical potential of church law. The results of this work—offering original methodologies—are the idea of “receptive ecumenism”, by Catholic canonist Paul Murray, and Norman Doe’s project, culminating in the Statement of Principles of Christian Law, produced by the International Panel of Experts. Both “ecumenical enterprises” give new impetus to ecumenical initiatives, but also, according to Francis’ quoted words, carry with them the potential to enrich church law and serve its renewal.