1 1 Catholic Clergy Sexual Abuse Meets the Civil Law by Thomas P ...

D. The Vatican II Era
The exalted phrases of the pre-Vatican era were not included in Vatican II
documents, nor in the revised Code of Canon Law. The conviction, however, of the
superiority of the priests and bishops is still present, though couched in less flamboyant
terms. The Vatican council issued a document on the priesthood. 352 Although the
council stressed the “priesthood of the faithful,” it reinforced the sacred and special
concept of the ordained priesthood, and changed little of the underlying theology of
bishops and priests as special emissaries of God. 353 The revised Code of Canon Law
contains canons about priests and other “sacred” ministers, and carries on the ancient
tradition:
The Christian faithful, conscious of their own
responsibility, are bound by Christian obedience to follow
what the sacred pastors, as representatives of Christ,
declare as teachers of the faith or determine as leaders of
the Church. 354
Through the Holy Spirit who has been given to them,
bishops are the successors of the apostles by divine
institution; they are constituted pastors in the Church so
that they are the teachers of doctrine, priests of sacred
worship and ministers of governance. 355
One who uses physical force against a cleric or religious
out of contempt for the faith, or for the Church, or
ecclesiastical power, or ministry, is to be punished with a
just penalty. 356
Among the Christian faithful by divine institution there
exist in the Church sacred ministers, who are called clerics
352 See Flannery, supra note 317, at 863-902.
353 See Coriden, supra note 34, at 713-16.
354 1917 Code c.212, § 1.
355 1917 Code c.375.
356 1917 Code c.1369.
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