The "San Dámaso" Faculty of Theology, Madrid

1. The framework of the Code of Canon Law (1983) clearly respects the will to incorporate the teachings of the Second Vatican Council. For example, immediately after the presentation of the "General Norms", in harmony with the contents of Lumen Gentium, the Code inserts a book dedicated to the "People of God" (Book II) and, continuing with a description of the Church’s mission with the outlining of the tria munera, it dedicates Book III to the teaching function. On this subject however, the Constitution Dei verbum had already stated that the Church passes on the divine revelation "in her teaching, life and worship, perpetuates and hands on to all generations all that she herself is, all that she believes". Within the framework of this theological point of view, the Code of Canon Law presents the Church as the subject of the teaching function, from the very beginning, (Canon 747), which is an innovation compared to the position assumed in the previous edition, for which the starting point was the "ecclesiastic Magisterium".

In both biblical and traditional terms, this function refers to the "holding of the faith". The relation with this holding of the faith should not however be understood as a more or less static "possession", but rather as a vital relationship implying two moments: reception and transmission. The ecclesial identity in fact consists is receiving the "deposition of the faith", searching for its intimate intelligence and an increased understanding, and from the mission involving its communication to humankind, which in turn implies the announcement and making the effort to explain it while expressing one’s own hope. Hence the Code speaks of a right and a natural duty to preach the Gospel, not only an expression of the members of the Church’s unanimous will, nor simply a concession of secular authority or at its mercy, but rather coming from the constitution of the ecclesial being by Jesus Christ Himself, from the gifts and the mission He had entrusted to his disciples.

After defending the primary competency of teaching the Christian faith, the Code specifies that ethics too are part of it. The legislator did not find it necessary to spend a great deal of time on the defence of the Church’s right/duty regards to the revealed Truth; the legislator preferred instead to be more explicit regards to competence concerning moral issues, since this is currently challenged, at times according to theological positions implying that the revelation does not mean a renewed awareness of human ethics, and at times son the basis of philosophical or political assumptions wishing to silence the Church’s voice in society’s public life. Nevertheless, the revelation explains the mystery of humankind and lights up the path for its fulfilment in life. Hence the Code states that it is the Church’s right and duty to proclaim and defend moral principles, in particular when what is at stake is the dignity of the human person, or fundamental rights and, of course, the destiny of humankind’s redemption. It is up to all the faithful, and in particular to the Church’s ministers, to spread this position within the social fabric.

Within this duty to announce and present the Catholic faith, safeguarding human dignity, the Church knows that she is "in harmony with the most secret desires of the human heart"; every individual in fact, her his very nature, has the right and the duty to search for the truth, in particular regards to all concerning God, and to conform his own life to this according to the truth. For this reason, the Code explicitly establishes that announcing the faith must always respect and promote each individual’s conscience and freedom. The opposite position would be conflicting with the ‘holding of the faith’ and would prevent all forms of dialogue and personal acceptance of the truth, thereby thwarting the Magisterium’s ecclesial function.

In this manner, the Code defends traditional teachings regards to the Church’s innate competence and her teachings on issues de fide et moribus, in the renewed terms of the council’s doctrine on the participation of all God’s People in Christ’s mission, on the need for her Gospel so that humankind may understand itself and be enlightened on the path of its existence and on each person’s dignity and religious freedom.

2. The definition of the various ways in which the faithful participate in the function of teaching, and in particular the magisterial authority of the hierarchic ministry, furthermore provides a fruitful canonical protection of Christian doctrine and ethics, the contents of which cannot depend on human judgment or approval. In fact, even the Pope and the Episcopal College, the bishops and the priests, exercise their ministry at the service of the Word of God, of the revealed Truth about God and human kind as far as redemption is concerned.

The existence of a magisterial authority has its origins in the Gospel’s authority, a service for which Jesus Christ Himself chose and sent His apostles. Neither they, nor their successors can do as they please with Christ’s one and only Gospel, but must accept it with obedience and announce it. It is for this that they receive the gift of the Holy Spirit, who regards to their office, can even assist guaranteeing the infallibility of their teachings.

In the course of history, Christ has wanted to guarantee the permanence of his apostolic messengers in the truth of the Gospel (and this can only be achieved through the grace of the Spirit), thereby rendering them the authentic witnesses of the truth. Canon Law addressing this subject (recently completed by the Apostolic Letter Ad tuendam fidem) protects the doctrine and ethics, specifying in a simple matter that all the faithful are called upon to remain within the truth of the only Gospel. Canons specifying the faithful’s obligation to accept the teachings of the Magisterium according to the various degrees of compulsoriness also address the same objective, clearly specifying the requirements of a true life of faith in Jesus Christ, which always implies the sincere acceptance, with freedom and intelligence, of the announcement of the Truth that comes from Christ. All the faithful, including hierarchic ministers, all called upon to follow the only Master, the only Gospel, in particular to fulfil their obligation to preserve and announce the Word of the Lord and not their own; otherwise He would not be acknowledged as Master, and one would be reduced to one’s own human intelligence.

Although the task of announcing the Gospel as authentic witnesses was entrusted by Jesus Christ to Peter and the apostles, and to their successors, bearing witness to the faith is the duty of every Christian believer; it is a right/duty arising from baptism and confirmation, from the entire sacramental life of the Church. Each believer exists in fact on the gift of Christ, of reconciliation and communion with God and with humankind of which He has made him a member, and cannot but make manifest with words and deeds all that is necessary for defending the Christian doctrine and ethics, which is believable and understandable also thanks to the testimony of life and sanctity provided by all God’s People. This is also necessary for the vitality and permanence of the faith held by each believer, since faith (and with faith also the truth of the doctrine and the ethics) achieves its fulfilment in the world and its communication to others through movement.

In this sense, the magisterial function entrusted to Peter’s successor and the Episcopal college must be perceived fundamentally as a service and defence of the Christian faith. In fact, the permanence of the faithful within obedience to the Word of God, in unity with real faith in Christ, is actually fulfilled through the Pope and the Episcopal College, and at a more immediate level, by the priests who through their cooperation with the bishops, announce the Gospel amidst the daily lives of the People entrusted to them. In this manner, preserving the form in which the faithful experience the real communion of the only Church, Law defends the truth of the doctrine and of ethics, because faith in the Gospel’s Truth cannot be separated from life in communion with Christ, announced and communicated by the Apostles from the very beginning.

3. In exercising the function of the Magisterium, the Code confers the most important place to the preaching of the Word of God, presented as the ministry’s principal duty in its mission to gather God’s People in unity. This once again clearly expresses the essential meaning of the teaching function as a service to the Christians’ lives of faith. In fact, the preservation of keeping Christ’s memory alive among the faithful can never be taken for granted. However, the fulfilment of the Christian’s vocation and the Church’s mission through history’s various circumstances depends on this. This is why the Code defends the ‘depository of the faith’ in establishing the priority of the announcing and preaching of the Gospel, as an inescapable service for ensuring that the faithful’s faith remains strong and authentic, capable of the faithful’s Christian existence and answering the needs and challenges experienced by humankind and society constantly accompanying the Church on her way.

After stating the priority of preaching, with the same objective Book III also introduces catechesis as a fundamental aspect of the munus docendi. This in fact is an instrument of great importance for educating the faithful to the faith, that they may become adults in the faith, to the extent that their doctrinal training and their Christian experience become vital, explicit and operative, for the good of the individual believer and his mission within the world. Hence it is stated that attention for catechesis is a serious duty for the Church’s ministers, although all the faithful and especially parents must feel responsible for this educational duty.

Within this framework, the norms with which the Code aims to defend the authentic handing down of the Christian doctrine and ethics through preaching and catechesis becomes understandable, making an effort to ensure that this always takes place in the communion of the one and only faith, and handed on "based upon sacred scripture, tradition, liturgy, the magisterium, and the life of the Church".

4. The primary requirement one deducts from this essential meaning of preaching and educating within the faith, is the possibility to fulfil these tasks in freedom, also through organised associations. Canon Law’s affirmation of the Church’s freedom in announcing the Gospel, in her catechistic and educational duties, in organising schools and teaching centres at all levels, is without doubt a defence of the presence of the Christian doctrine and ethics in the world and hence a defence of mankind.

Correlatively it states that no school or university may call itself Catholic without permission from the ecclesiastic authorities and that it is not legitimate to teach the Catholic religion without being appointed to or without approval from the local Ordinary, so as to guarantee the rights of believers to an education in the truth of the Catholic faith. In this case too it is a defence of the Christian doctrine and ethics from possible deformations or manipulations.

This juridical defence of the Catholic truth assumes extremely specific forms in university environments, and really defines the manner in which those with a teaching mission in theological or canonical subjects must fully preserve communion with the Church regards to the doctrine’s and their lives’ integrity..

Finally, the enormous importance assumed by the media in representing the thoughts and lives of humankind in our times, fully justifies the presence of a chapter dedicated specifically to this subject. The Code has particular consideration for the books, for the objective meaning assumed by editions of the Holy Scriptures, liturgical books, catechisms, magisterial or canonical texts as well as theological publications or those referring to the ‘depositary of the faith’, in handing on the truth revealed within the Church. It also addresses the need to announce and protect the faith and the customs of the Christian faithful with all means of communication, and aspect that will be broadly debated by the next ecclesiastic Magisterium.

In summary, Book III of the Code’ primary objective is the defence of the ‘Depository of the faith’, its faithful preservation and handing on, both regards to the faith and to customs. With this in mind it establishes a series of Canon norms that are the consequence of the very nature of the revealed truth and its intrinsic requirement to be experienced in full communion of the Church. In continuity with the Second Vatican Council, the Code of Canon Law appreciates the responsibility of all believers in fulfilling this duty, according to their different vocations, and the function of the ecclesial Magisterium at their service.

As a whole, the Book De Ecclesiae munere docendi bears witness above all to the Church’s acknowledgment of the authority of Christ’s only Gospel, the awareness to exist so as to receive in obedience, to preserve and hand on faithfully the Word of God.