“And if he will not hear the Church, let him be to thee as the heathen and publican. Amen I say to you, whatsoever you shall bind upon earth, shall be bound also in Heaven; and whatsoever you shall loose upon earth, shall be loosed also in Heaven” (Matthew 18:17-18).
What Really is Legalism?
St. Thomas Aquinas explains the correct definition of law in the Summa Theologica when he writes that a law is “an ordinance of reason for the common good, made by him who has care of the community, and promulgated.” Legalism, in the context of religion, refers to an overemphasis on adhering to laws, regulations, and external observances, often at the expense of spiritual growth and a genuine relationship with God. It can manifest as a strict adherence to religious laws and traditions, with a focus on outward conformity rather than inner transformation.
The Lord Gave His Apostles and Their Successors the Authority to Make Laws
Our Blessed Lord chose His Apostles and their successors to be Shepherds, and this is the precise meaning of the Greek episcopos or bishop, namely the overseer of the flock as we read in the Book of Acts: “The Holy Ghost hath placed you bishops, to rule the Church of God, which He hath purchased with His own blood” (Acts 20:28). To St. Peter He gave the fullness of the power to govern the Church after His resurrection, when He declared: “Feed My lambs… Feed My sheep” (John 21:15-17). This power of government over the Church is called the power of jurisdiction, and itself includes three powers – the legislative power, that is to make laws; the judicial power, that is to judge their observance or not; and the punitive power, namely the power to punish.
This threefold power was exercised from the beginning of the Church, as we read at the Council of Jerusalem in the year 49 AD, as recorded in the Book of Acts, Chapter 15, or when St. Paul legislates for the Corinthians or threatens with the rod of punishment in 1 Corinthians. It is the bishop who has this ordinary power of jurisdiction in his diocese; and the Pope, the successor of St. Peter as head of the Apostles,[1]who has immediate and ordinary jurisdiction over all the faithful of the universal Church.
The Different Kinds of Law
There are several kinds of law we might refer to in theology.
Eternal Law: Eternal law refers to the divine and unchanging order that governs the universe. It is the wisdom and plan of God that transcends time and is inherent in God’s nature. Eternal law is considered the highest and most fundamental form of law. It encompasses the entire created order, from the functioning of the cosmos to the laws of nature. It reflects God’s perfect wisdom and governs the harmony and order of the universe.
Divine Law: Divine law is the expression of God’s Will and guidance for humanity. It is derived from eternal law and is communicated to humanity through Divine Revelation. Divine law is primarily revealed in Scripture and Tradition, particularly in the teachings of Jesus Christ. It comprises two main aspects: Natural Law and Positive Law.
Natural Law: Natural Law is the moral law that is accessible to human reason and is written on the human heart. It is based on the belief that God has endowed human beings with a rational nature capable of discerning right from wrong. Natural law is understood as universal, unchanging, and applicable to all people, regardless of their religious beliefs. It provides a foundation for ethical reasoning and serves as a basis for human laws.
Positive Law: Positive Law refers to the specific laws and precepts that are revealed by God through Divine Revelation, primarily in the Old and New Testaments. These include the Ten commandments as given to Moses, but also all the precepts found in the Gospel, such as loving one’s neighbor as oneself, and forgiving others even up to seventy times seven.
Human Law: Human law refers to the legal systems and norms established by human societies to regulate human behavior and promote the common good. While human law is influenced by eternal and divine law, it is created and enforced by human authorities, such as governments and legal institutions. Catholic teaching emphasizes that human laws should be in harmony with eternal and divine law. For a law to be considered just, it must respect humans as made in the image and likeness of God, promote the common good, and be grounded in principles of justice and morality.
Ecclesiastical Law, or Church Law: This law refers to the body of laws and regulations that govern the Catholic Church, largely based on the Code of Canon Law. Canon law derives its authority from divine law, which is based on eternal law as previously discussed and is promulgated by the Church’s lawful authority.
The Salvation of Souls is the Supreme Law
All true laws are intended to order a person to his proper end. The Church is not too legalistic because all truly valid Church laws promulgated by lawful authorities are ultimately in support of God’s law. Such laws are ordered for the salvation of souls. Fasting and abstinence laws, which are a form of ecclesiastical law, for instance, help us perform shared penance and to make restitution to God.
Legalism is concerned with external observances and is not concerned with the interior. That is not the case for Church law as seen clearly in the adage “Salus animarum, suprema lex” (the salvation of souls is the supreme law).[2]
Hence, it is possible for priests and bishops to appear to violate Canon Law in the letter of the law but for them to adhere to the spirit. As Pope Boniface XIII remarked: “It is true that one sins against the rule who adheres to the letter and leaves aside the spirit.”
If you believe in Our Lord’s words to St. Peter in Matthew 18:17-18, and if you believe that the Apostles and their successors govern the Church as seen through the example of history for 2,000 years, then you must believe that valid laws must be obeyed. Of course, we can go beyond the minimum – such as fasting and abstaining more than the required minimum – but the minimum, if intentionally violated, is a serious sin.
It can, therefore, be clearly seen that the Church’s laws are not about purely external matters, but about the living of the Faith in the circumstances of each person’s life. To obey the laws set forth for us is to live a life penetrated by faith, which has nothing to do with an excessive attachment to externals. These laws impose a strict moral obligation, for the good of our own souls as they derive their force of obligation from Christ Himself. The refusal to abide by such laws is consequently rebellion against God Himself. He who deliberately violates the laws of the Church cries out the words which Lucifer uttered before his fall from Heaven: “I will not serve.”
ENDNOTES:
[1] There are seven points of certainty regarding the episcopacy in the early history of the Church. The first: “The Apostles possess[ed] two prerogatives which they do not transmit to bishops: personal infallibility and universal jurisdiction.” The second: “In the first century of Christianity there were Christian communities instead of dioceses. Ecclesiastical authority was exercised over persons rather than a territory,” as stated in “Only Through These Hands” by Bishop Theas of Lourdes.
[2] A great example of this principle in practice today is through supplied jurisdiction to priests. See https://fsspx.org/en/supplied-jurisdiction-traditional-priests for more information.