 |
ADDRESS OF JOHN PAUL II
TO THE TRIBUNAL OF THE ROMAN ROTA
28 January 1994
1. I am very grateful to Monsignor Dean for the noble sentiments expressed in
the name of all present. Together with you I cordially greet the college of
prelate auditors, the officials, and all who work in the Tribunal of the Roman
Rota, as well as those who make up the Studio Rotale and the Rotal
advocates. To all, my fervent best wishes in the Lord!
To you personally, Monsignor Dean, I would like to extend my wishes for peaceful
and profitable work. You have recently received the honor and burden of
directing the tribunal, succeeding Archbishop Ernesto Fiore, whom I recall with
affection. May Our Lady of Good Counsel, the Seat of Wisdom, assist you each day
in carrying out your important ecclesial service.
2. I listened with intense interest to your profound reflections on the human
and Gospel roots that sustain the tribunal’s activity and support its
commitment to serving justice. Various themes merit further consideration and
development. However, the specific reference you made to the recent encyclical Veritatis
splendor persuades me this morning to discuss with you the intriguing
relationship between the splendor of truth and that of justice. As
a participation in truth, justice too has its own splendor that can evoke
a free response in the subject—one not merely external but arising from the
depths of one’s conscience.
In an address to the Rota, my great predecessor Pius XII had authoritatively
warned: “The world has need of that truth which is justice, and of that
justice which is truth” (October 2, 1942, supra pp. 21–22). God’s justice
and God’s law are the reflection of the divine life. However, human justice
must also strive to reflect truth and to share in its splendor. St. Thomas
pointed out: “At times justice is called truth” (quandoque iustitia
veritas vocatur, Summa theologiæ, II–II, q. 58, a. 4, ad 1). He
saw the reason for this in the requirement that justice be practiced in
accordance with right reason, i. e., according to truth. Hence it is legitimate
to speak of the splendor of justice (splendor iustitiæ) and of
the splendor of the law (splendor legis) as well: indeed the task
of every legal system is to serve the truth, “the only solid foundation which
can support personal, marital, and social life” (supra p. 211). It is only
right, then, that human laws should aspire to reflect in themselves
the splendor of truth. Obviously, the same can said of their concrete
application, which is also entrusted to human agents.
Love for the truth
must be expressed in love for justice and in the resulting commitment to
establishing truth in relations within human society; nor can its subjects be
lacking in love for the law and the judicial system, which represent the human
attempt to provide concrete norms for resolving practical cases.
3. For this reason it is necessary for all in the Church who administer justice
to reach the point of perceiving its beauty through regular conversation
with God in prayer. This will enable them—among other things—to appreciate
the wealth of truth in the new Code of Canon Law, by recognizing its source of
inspiration in the Second Vatican Council, whose directives have the sole aim of
fostering the vital communion of all the faithful with Christ and with their
brothers and sisters.
Ecclesiastical law is concerned with protecting the rights of each person in the
framework of the duty of all towards the common good. In this regard, the Catechism
of the Catholic Church notes: “. . . justice towards men disposes one to
respect the rights of every person and to establish in human relations the
harmony that promotes equity toward individuals and the common good” (no.
1807).
When pastors and ministers of justice encourage the faithful not only to
exercise their ecclesial rights but also to be aware of their own duties in
order to fulfill them faithfully, we wish precisely to urge them: to have a
direct, personal experience of the splendor legis. In fact, for the
believers who “accept the inspiration of the Spirit and acknowledge the need
of a profound conversion to the Church, the affirmation and exercise of their
rights will be transformed into an acceptance of duties with regard to unity and
solidarity so that the higher values of the common good may be achieved”
(February 17, 1979, supra p. 156).
On the other hand, taking advantage [of the administration] of justice to serve
personal interests or pastoral practices—however sincere—that are not based
on truth, will result in creating social and ecclesial situations of distrust
and suspicion, in which the faithful will be tempted to see merely a struggle of
competing interests and not a common effort to live in accordance with law and
justice.
4. The ecclesiastical judge’s entire activity, as my venerable predecessor
John XXIII stated, consists in exercising the “ministry of truth” (ministerium
veritatis, December 13, 1961, supra p. 70). From this perspective it is easy
to understand how the judge must call upon the “light of God” (lumen Dei)
in order to discern the truth in each individual case. In turn, however, the
parties concerned should not fail to seek in prayer a basic willingness to
accept the final decision—though after having exhausted all legitimate means
of challenging what in conscience they believe does not correspond to the truth
or justice of the case.
If those who administer the law strive to maintain an attitude of complete
openness to the demands of truth, with rigorous respect for procedural norms,
the faithful will remain convinced that ecclesial society is living under the
governance of
law; that ecclesial rights are protected by the law; that in the final analysis,
the law is an opportunity for a loving response to God’s will.
5. Truth, however, is not always easy: its affirmation is sometimes quite
demanding. Nevertheless, it must always be respected in human communication and
human relations. The same applies for justice and the law: they do not
always appear easy either. The legislator—universal or local—does not have
an easy task. Since the law must look to the common good—“omnis lex ad
bonum commune ordinatur” (Summa theologiæ, I–II, q. 90, a.
2)—it is quite understandable for the legislator to ask even heavy sacrifices
of individuals, if necessary. The latter, for their part, will respond with the
free, generous consent of those who are able to acknowledge the rights of others
in addition to their own. A strong response will follow, one sustained by a
spirit of sincere openness to the demands of the common good, with awareness of
the consequent advantages, in the end, for the individual himself.
You are well aware of the temptation to lighten the heavy demands of observing
the law in the name of a mistaken idea of compassion and mercy. In this regard,
it must be firmly said that if it is a question of a transgression that concerns
the individual alone, one need only refer to the injunction: “Go your way, and
from now on do not sin again” (Jn 8:11). But if the rights of others
are at stake, mercy cannot be shown or received without addressing the
obligations that correspond to these rights.
One is also duty-bound to be on guard against the temptation to exploit the
proofs and procedural norms in order to achieve what is perhaps a
“practical” goal, which might perhaps considered “pastoral,” but is to
the detriment of truth and justice. In an address given to you several years
ago, I referred to a “distortion” in the conception of the pastoral nature
of Church law; it “lies in attributing pastoral importance and intent only to
those aspects of moderation and humanness in the law which are linked
immediately with canonical equity (æquitas canonica)—that is, holding
that only the exceptions to the law, the potential non-recourse to canonical
procedures and sanctions, and the streamlining of judicial formalities have any
real pastoral relevance” (January 18, 1990, supra p. 210). However, I warned
that in this way one easily forgets that “justice and law in the strict
sense—and consequently general norms, proceedings, sanctions and other typical
juridical expressions, should they become necessary—are required in the Church
for the good of souls and are therefore intrinsically pastoral” (ibid.).
It is indeed true that resolving practical cases is not always easy. But charity
or mercy—as I mentioned on the same occasion—“cannot put aside the demands
of truth. A valid marriage, even one marked by serious difficulties, could not
be considered invalid without doing violence to the truth and undermining
thereby the only solid foundation which can support personal, marital, and
social life” (supra p. 211). These are the principles I feel obliged to
emphasize with particular firmness during the
Year of the Family, as we see ever more clearly the dangers to which a
mistaken “understanding” exposes the institution of the family.
6. A correct attitude toward the law also takes
into account its function as a tool that serves the good functioning of human
society and the affirmation of communio in ecclesial society.
In order to foster authentic communio, as
the Second Vatican Council describes it, it is absolutely necessary to
encourage a correct sense of justice and of its reasonable demands.
Precisely for this reason, the legislator and
those who administer the law will be concerned, respectively, to create and
apply norms based on the truth of what is necessary in social and personal
relations. Legitimate authority, then, must be involved in and promote the
proper formation of the personal conscience (see Veritatis splendor,
no. 75), because, if well formed, conscience naturally assents to truth and
perceives within itself a principle of obedience compelling it to conform to
what the law commands (see ibid. no. 60; cf. JOHN PAUL II, encyclical letter, Dominum
et Vivificantem, May 18, 1986, in AAS, 78 [1986] pp. 859–860, no.
43).
7. In this way, both in the individual and in the
social and specifically ecclesial realms, truth and justice will be able to
show forth their splendor: all humanity needs this today more than ever
in order to find the right path and its final destination in God.
How important, therefore, is your work,
distinguished prelate auditors and dear staff of the Roman Rota. I trust that
these considerations will inspire and support you in performing your work, for
which I express my most cordial wishes and the assurance of a special
remembrance in my prayer.
To confirm these sentiments I am pleased to give
you my blessing, which I extend t o everyone in the Church concerned with the
sensitive task of administering justice.
|