05 tháng 2, 2026

Theo.: CLERICALISM, JURIDICISM, AND TRIUMPHALISM (Part II)

 CLERICALISM, JURIDICISM, AND TRIUMPHALISM -

CONTEXT AND THINKING

   Although these three terms are rarely mentioned together, they frequently arise independently and subtly influence the faith of Christians. Discussing them is challenging and often leads to misunderstandings. Therefore, this piece, presented in a fragmentary form, aims to offer a brief perspective on their context and to share personal reflections on these phenomena through the lens of magisterial teaching and practical experience.  

Part I
CLERICALISM
Read HERE

Part II
JURIDICISM
1. Vocabulary and Meaning:
   According to the Merriam-Webster dictionary, the word "juridical" was first recorded in use in 1502, with the senses: (1) relating to the administration of justice or the office of a judge, and (2) pertaining to law or jurisprudence; legal.(a) The term derives from the Latin "juridicus," which connects "jus" (meaning law) and "dicere" (meaning to point out or to declare).(b) Therefore, based on this etymology, "juridicism" can be understood as the tendency to prioritize the use of law as the principal means of exercising authority.
 Juridicism can be understood broadly, encompassing both philosophy and theology. However, within the scope of this writing, the focus is on theology—specifically, on how the Church and its authorities are perceived in relation to legislative and executive power. This essay particularly examines the phenomenon of the Church’s relationship with law (canon law) from a predominantly institutional perspective.

2. From the Old Testament:
   The Sinai covenant (Exodus 19–24) stands out as the defining event in which God provides clear laws to His people, most notably through the Ten Commandments. As Collins observes, “The Bible tells how the sons of Jacob, having gone down into Egypt and sojourned there a long time, were led thence by Moses and brought to Sinai, where they received that covenant and law which made them a peculiar people.”(c) However, the use of the term Torah to describe the covenant's content suggests guidance or instruction rather than a strictly legally binding code.
    How is it different between a normal law and the covenant with God? There are, of course, some similarities between ordinary law codes and the Sinai Covenant, but also significant differences. While this writing does not delve into all these distinctions, it can be generally observed that typical laws—such as those found in vassal treaties—are structured around mutual benefit for the parties in keeping the agreed terms, and include curses for those who violate the oath. In contrast, the Sinai Covenant (notably the Ten Commandments) contains no explicit curses. 
    Furthermore, the shadow of the laws could be mentioned clearly in the institutions of the tribal league, which were based on the covenant laws that God established with His people. "Since Israel’s tribal system persisted for so long, and since it provided the framework within which her sacred traditions and characteristic institutions achieved normative form,..."(d)



3. From the New Testament:
The role of Jesus Christ is emphasized in His teaching that:
"Do not think that I have come to abolish the law or the prophets; I have come not to abolish but to fulfill. For truly I tell you, until heaven and earth pass away, not one letter, not one stroke of a letter, will pass from the law until all is accomplished. Therefore, whoever breaks[d] one of the least of these commandments, and teaches others to do the same, will be called least in the kingdom of heaven; but whoever does them and teaches them will be called great in the kingdom of heaven." (Mt 5:17-19)
During His earthly life, Jesus declared that His mission was to fulfill the laws proclaimed through the prophets. Yet, how can we account for the fact that Jesus often appeared to disregard certain Sabbath laws or engaged in debates with Jewish scribes? In truth, juridicism is not a recent development; it was already present during Jesus’ time, fostered by Jewish scribes, Pharisees, and priests. Jesus came to reveal to them the true meaning of the Commandments and whom they justify. Pope Francis addressed this question clearly:

"No! The Commandments exist, but they do not justify us. What justifies is Jesus Christ. The Commandments must be observed, but they do not give us justice; there is the gratuitousness of Jesus Christ, the encounter with Jesus Christ that freely justifies us. The merit of faith is receiving Jesus."(e)


4. From the Church’s actual situation:
    According to A. Dulles, “the visibility of the Church has been a standard feature of Roman Catholic ecclesiology from the late Middle Ages until the middle of the present century.”(f) As a result, the Church has sometimes fallen into the trap of emphasizing the apparatus of authority as the central formal aspect of its society. Nevertheless, throughout history, the Church has consistently proclaimed that its foundation is the eternal and sacred establishment of Christ. The Church fulfills its mission through teaching, sanctifying, and governing. In this context, juridical expressions serve as valuable instruments that support the Church in fulfilling her obligations.
    In the nineteenth century, A.S. Khomiakov brought attention to juridicism within the Church. As a leading figure of early Slavophile thought and a prominent lay theologian in Russian Orthodoxy, he and his movement criticized the Roman Catholic Church for several reasons:
"Roman Catholicism had turned Christianity into a state by its absorption of Roman law and its exaltation of a legalistic hierarchy. This hierarchy, apart from and above the faithful, culminated in a despotic papacy. It possessed an enforced external unity without inner freedom."(g)

    Nevertheless, from his religious populist perspective, Khomiakov continued to promote Russia’s ancient patriarchal traditions, believing that these traditions would ultimately triumph over juridicism, even overwhelming the West and the Catholic Church. While such assumptions are somewhat limited in scope, they nonetheless provide a valuable basis for reflecting on the Church’s historical development.

    Today, juridicism continues to persist within the Church, often intertwined with its hierarchical structures, institutions, and laws—sometimes in ways that are difficult to recognize without careful attention. For instance, a diocese might overemphasize juridical requirements, leading to the refusal of marriages or sacraments in many situations; a pastor with authority may use strict laws to reprimand or control laypeople; or a team of parish leaders might exploit their positions to apply rigid laws without compassion.




5. From the Church's perspective:

    Sometimes, people hold negative views of the laws or institutions of the Church because they fail to distinguish between the essence and the functions of these laws. It is important to differentiate between "juridical expressions" and "juridicism," as well as between "institutional expressions" and "institutionalism." These pairs differ both in essence and in function. While juridicism and institutionalism use laws and institutions as instruments of exploitation or control, authentic juridical and institutional expressions act selflessly. The former are rooted in secular values, whereas the latter are grounded in the authority received from Christ to teach, sanctify, and govern.

    At their core, laws serve as instruments to incorporate Christians into the life of the Church and enable them to receive God's salvation. As Pope Benedict XVI emphasizes, “Ecclesiastical institutions and juridical organizations are not intrinsically evil; on the contrary, to a certain degree they are simply necessary and indispensable.”(h) However, in their function, these structures sometimes risk becoming an end in themselves, “setting themselves up as the essence of the Church and thus prevent us from seeing through to what is truly essential.”(i)

    Moreover, juridicism in society is often linked to politics, with leaders of social groups striving to achieve effective governance. While there may be some superficial similarities between secular society and the Church in the application of juridical terms—such as the regulation of human behavior or the pursuit of unity—their underlying purposes differ greatly. Unlike ordinary social or political movements, the Catholic Church’s ultimate goal is union, which forms the very essence of her existence. As such, “the juridical expression of unity in the office of Peter’s successor and in the necessary dependence of the bishops both on one another and on him belongs to the core of her sacred order.”(j) Furthermore, as Avery Dulles notes, “the Church is essentially a society—a ‘perfect society’ in the sense that it is subordinate to no other and lacks nothing required for its own institutional completeness.”(k)

    After the Second Vatican Council, the Church placed greater emphasis on union through ecumenical dialogue. This movement gradually emerged as an alternative to the strictly juridical and institutional vision of the Church. However, this shift does not mean that the Church has lost her sacred order; rather, the order is softened and transformed through the pursuit of unity, aided by the ecumenical movement and the grace of the Holy Spirit. Nevertheless, even prior to the ecumenical dialogue, Lumen Gentium affirmed that the Church possesses "a juridical form and is animated by charity [...] 'in hierarchical communion.'"(l)


6. From personal reflection:

    The word "juridicism" is seldom found in formal definitions or openly acknowledged. Nonetheless, it is important to recognize that this phenomenon continues to persist subtly within the Church, undermining both the Church itself and the faith of its members. Many Christians experience dissatisfaction when confronted with strict legalism, hierarchical structures, or the overreach of authority by bishops, priests, or parish leaders.

    At the same time, the Church deals with visible realities, and juridical applications play a legitimate role in maintaining balance among the faithful and in guiding them toward God, who is invisible. However, these institutional expressions must remain true to their function as instruments, rather than becoming ends in themselves and "setting themselves up as the essence of the Church and thus prevent[ing] us from seeing through to what is truly essential." (m)

    Following the Second Vatican Council, the Church gradually adopted a communion ecclesiology (n) that emphasized ecumenical engagement. In this context, the Church moved away from juridicism and instead promoted juridical practice as a means of fostering unity. All Christians are therefore called to participate in building this unity by shaping their lives according to both the juridical and moral standards of the Church.

    All Christians are called to exercise discernment in distinguishing between the shadows of "juridicism" and "institutionalism," which can easily be confused with authentic juridical and institutional expressions. Ultimately, such discernment can only be cultivated by remaining close to Sacred Scripture, Apostolic Tradition, and the Church’s magisterial teaching.

    Finally, this writing finish this part with declaration of pope Francis:

"This teaching on the value of the law is very important, and deserves to be considered carefully so as not to fall into misunderstandings and take false steps. It will do us good to ask ourselves whether we still live in the period in which we need the Law, or if instead we are fully aware of having received the grace of becoming children of God so as to live in love."(o)


Little Stream 
Photos: Moon
Toronto 04/02/2026

Footnotes: 

(a) Merriam-Webster.com Dictionary, s.v. “juridical,” accessed February 3, 2026, 
https://www.merriam-webster.com/dictionary/juridical.

(b) Collins English Dictionary, s.v. “juridical,” accessed February 3, 2026,
https://www.collinsdictionary.com/dictionary/english/juridical.

(c) John J. Collins, Introduction to Hebrew Bible, 4th edition, Chapter 3: Exodus and Conquest (Minneapolis: Fortress Press)

(d) Ibid., Chapter 4, the Constitution of early Israel.

(e) Pope Francis, GENERAL AUDIENCE - Paul VI Audience Hall Wednesday, 18 August, 2021, accessed February 3, 2026, https://www.vatican.va/content/francesco/en/audiences/2021/documents/papa-francesco_20210818_udienza-generale.html

(f) Avery Dulles, Models of the Church, expanded edition, Chapter 2: The Church as Institution, (Doubleday, 2002).

(g) New Catholic Encyclopedia. 2nd ed. Vol. 8. Detroit: Gale, 2003, 165.

(h)  Joseph Cardinal Ratzinger, Called to Communion Understanding the Church Today, trans. Adrian Walker, San (Francisco: Ignatius Press, 1991), 142.

(i) Ibid.

(j) Ibid., 94.

(k) Avery Dulles, Chapter 2: The Church as Institution

(l) Vatican Council II. Lumen Gentium. Appendix From the Acts of the Council, no.2, November 21, 1964. https://www.vatican.va/archive/hist_councils/ii_vatican_council/documents/vat-ii_const_19641121_lumen-gentium_en.html.

(m) Joseph Cardinal Ratzinger, Called to Communion Understanding the Church Today, 142.

(n) Edward P. Hahnenberg, Ministries A relational Approach, (New York: The Crossroad Publishing Company, 2003), 117.

(o) Pope Francis, GENERAL AUDIENCE - Paul VI Audience Hall
Wednesday, 18 August, 2021 accessed February 3, 2026, https://www.vatican.va/content/francesco/en/audiences/2021/documents/papa-francesco_20210818_udienza-generale.html


Không có nhận xét nào: