In Search of a Theology of Canonical Penal Law: An Interpretation of Canon 1311 §2 Through Pope Francis's Writings on Mercy and Justice

Pascite gregem Dei is not only a significant reform of Book VI but also a landmark in the Church's theological understanding of her own penal law. However, a clear theology of penal canon law is still lacking today. This article aims to contribute to this gap by understanding the new canon 1311 §2 through Pope Francis's writings on mercy and justice. According to Pope Francis, justice is served when law is not self-referential but serves its higher purposes. For penal canon law, canon 1311 §2 demonstrates what its higher purposes are: restoration of justice, reform of the offender, and repair of scandal. Moreover, each of these three penal aims is rooted in mercy, according to Pope Francis. A shift is happening in legal doctrine. The restoration of justice is increasingly understood as being aimed towards compensation for victims. Some canon lawyers even seem to believe that this penal aim is the most important of all. Lastly, this theological interpretation of the three penal aims reforms our understanding of mercy. Mercy is not, as was sometimes suggested, a "soft" penal law or a mere lenience towards the offender. Rather, it is the proportionate fulfilment of all three penal aims of canon 1311 §2. This is demonstrated by many other canons in the new Book VI, which often refer back to these same penal aims.