Panel: ECCLESIAL ORDER(S) FOR THE THIRD MILLENNIUM



482.5 - UBI SOCIETAS, IBI IUS? AMORIS LAETITA, FIDUCIA SUPPLICANS AND THE PASTORAL TURN IN CANON LAW

AUTHORS:
Bobrowicz R. (Rhenish Friedrich Wilhelm University of Bonn ~ Bonn ~ Germany) , Wojaczek A. (Rhenish Friedrich Wilhelm University of Bonn ~ Bonn ~ Germany)
Text:
The canon law of the Roman Catholic Church is a distinctive legal system that applies uniformly to all Catholics worldwide, regardless of local cultural or juridical-political contexts. This global application of law presents significant challenges, as canon law, which has been primarily shaped by European jurisprudence and ecclesiastical authority, is often ill-suited to the diverse cultural realities of the global Catholic community. Tensions arise between the universal nature of canon law and its local implementation, particularly when Church teachings diverge from state laws or local customs, as seen in issues such as divorce and same-sex relationships. In response to these tensions, Pope Francis has advocated for a pastoral turn in approaching doctrine and canon law, as exemplified in documents such as Amoris laetitia and Fiducia supplicans. This paper critically examines the challenges presented by this pastoral turn, placing it in the context of the historical development of canon law. It questions whether the solutions offered in these documents are sufficient to address the global nature of the Church. The authors argue that without structural changes, the pastoral approach may exacerbate existing problems rather than resolve them. To truly fulfil its promise, the pastoral turn in canon law requires more than rhetorical shifts or greater empowerment of local bishops' conferences; it calls for a fundamental transformation, including a more flexible, frame-like formulation of law, greater empowerment of the basic communities in accordance with the principle of subsidiarity, and the development of Catholic constitutionalism.