Canon Law and the Clergy Sex Abuse Crisis: The Failure of the Rule of Law

Abstract

This article discusses antinomian and legalistic approaches to canon law. Specifically, it explores these approaches to canon law by ecclesiastical authorities in dealing with the sexual abuse of minors by Catholic priests in the United States. When canon law functions properly, it maintains the balance between law and spirit in the life of the church. In the United States, the bishops' response to the problem of clergy sexual abuse of minors has combined antinomian and legalistic trends that have diminished the rule of canon law. If bishops had fulfilled their duty to abide by the rule of law, especially in the cases involving clergy who are serial child abusers, they would have communicated to victims, clergy and all concerned that church authorities were taking appropriate steps to protect children. In hindsight, it is easy to see that the bishops' focus on the psychological approach to the exclusion of the canonical has resulted in great injury. The clarity of hindsight, however, ought not result in blame and negativity but open the way for a more hopeful future. An important aspect of responding to the present crisis must entail re-commitment to the rule of law. No law or policy can eradicate sin from the fallen nature of the human situation, including that of the human beings who comprise the priesthood. The proper balance of law and spirit, however, can dispose injured individuals and communities to retrieve a sense of justice that facilitates healing and forgiveness.