Boston College Law Review,Vol. XLIV No. 4/5, July/September 2003

Theologian Orsy provides an insightful review of the Norms adopted by the USCCB to deal with the sexual abuse crisis. The conclusion is reproduced here.The full article is likely to be accessible in the near future at the Boston College Law Review site http://www.bc.edu/schools/law/lawreviews/.

CONCLUSION

"As has happened so many times in history, the difficulties the Church is experiencing in the practical order have their origin in doctrinal positions. The Norms were not born from an ecclesiology inspired by the theology of communion; they are modeled on the procedures of a secular state. The bishops did not turn to the sacramentally grounded college of presbyters and deacons calling for their cooperation, nor did they turn to the rest of the faithful asking for their help; thus they have bypassed vital sources of energy in the Church. The bishops are trying to pursue healing mostly through tight controls and strict disciplinary norms, with the help of committees they themselves appointed. All that may lead to some improvement but it is not enough to bring the local churches back to good health. There is the need for more than vigilance and 'absence of crime'; what is needed is a Church that is able to manifest the power of the Spirit -collectively and individually - in the ordained and not ordained persons. It is well known that the bishops' approach brought about widespread resentment among the clergy - not to mention a great deal of alienation from the "institutional" Church among the laity. This is not to reject legal measures but to stress that, ultimately, genuine healing can come only from the internal resources of the body: its energies must be liberated and given as much scope as possible. In our times two contrasting visions of the Church ('ecclesiologies') are current. One has its remote origins in the Gregorian reform at the end of the eleventh century and its reinforcement in the Counter Reformation; it conceives of the Church as a community that receives all good things through the mediation of the pope and consigns all others (bishops included) to obedience. Another vision was common in the early Church (strongly present in the letters of Paul); it sees the Church as a community endowed with gifts and the task of the hierarchy as the authentication and the coordination of the gifts; in no way does it take away an iota of the God-given power that the bishops inherited from the apostles."

"The issue is not who has the power to govern and who is the ultimate judge in matter of doctrine: it is the episcopal college under the presidency of the pope. The issue is who are the recipients of God's gifts: it is not the hierarchy alone but each and all of the people of God. Vatican Council II endorsed the latter view and made an effort to reestablish it. It was a Council that reached back to the Church's earliest beliefs and practices - some of them forgotten. For this lack of memory, many think falsely that it was an unduly innovative council. What are the prospects? Are such structural changes needed for a healthy and protective environment - likely to be introduced either in the administration of the dioceses or in their interaction with the Holy See? The sobering answer is that they are not likely to be adopted in the foreseeable future; legal rules that have crystallized over the second millennium have a great deal of built-in resistance to change. Are then our reflections idle and fruitless? Not at all; remedial propositions are needed because without good ideas there will be no change--ever. A small seed, seemingly lifeless, may contain much energy; when it is sown and strikes roots, it may split-unexpectedly - even a piece of granite."