Abstract
The purpose of this article is to demonstrate the limitation that the Latin language represents in the Code of Canon Law. In fact, the opinion advocated in the present text is that a modern tongue, like English, an international means of communication, could be more proper for the Code, since, nowadays few persons know Latin, even among the experts, and the Code is addressed to the entire people of God (lay and clergy), being the juridical instrument to put into practice the Vatican II.
Keywords: Code. Latin. English. Translation.
Resumo
O objetivo deste artigo é demonstrar a limitação que o uso do latim representa no código canônico. De fato, a opinião sustentada no presente texto é no sentido de que uma língua moderna, como o inglês, qual meio internacional de comunicação, poderia ser mais idônea para o código, já que, hoje em dia, poucos indivíduos conhecem o latim, mesmo entre os especialistas e o código está destinado à integralidade do povo de Deus (leigos e clérigos), sendo um instrumento jurídico de implementação do Concílio Vaticano II. A presente reflexão foi redigida em inglês, a fim de atingir um público mais vasto nas diferentes partes do globo terrestre por onde esta prestigiada revista circula.
Palavras-chave: Código. Latim. Inglês. Tradução.
Resumen
El objetivo de este trabajo es demostrar la limitación de que el uso del latín es el código de derecho canónico. De hecho, el punto de vista sostenido en este texto es en el sentido de que una lengua moderna como el Inglés, medio internacional de comunicación, podría ser más adecuado para el código, ya que, hoy en día, pocas personas saben latín, aunque entre los expertos y el código es por la integridad del pueblo de Dios (laicos y clérigos), siendo un instrumento jurídico para la aplicación del Concilio Vaticano II. Esta reflexión ha sido escrita en Inglés con el fin de llegar a un público más amplio en diferentes partes del mundo, donde la prestigiosa revista circula.
Palabras-Claves: Código. Latim. Inglés. Traducción.
Introduction
First and foremost, I'd like to warn that this text was generated as a kind of relief, in virtue of a situation that has troubled me a lot lately. It also represents a claim for the further investigation of the experts in Canon Law.
It is said that one of the characteristics of the Law in general is to be understood by those who have to obey it, that is, "(...) the individuals in the society have the necessity of getting information of the existence of the Law and knowing its contents." Thus, the Law in Spain is written in Spanish; the Law in Portugal and in Brazil is written in Portuguese; the Law in Germany is written in German and so on.
The Law of the Church, however, is written in Latin. Cicero's language is seen as a sort of official language of the Catholic Church. In fact, there are many advantages in uttering a juridical norm in Latin. This tongue is concise and simple; extremely objective and elegant. Nevertheless, Latin has a serious defect: it is grasped by a few people around the World, almost exclusively by a few Canonists. The commonplace lay person knows nothing of Latin. For this kind of faithful, 90% of the Catholics (members of the holy Church), it is simply impossible to have a natural contact with the Canon Law, as anyone has with the civil rules of his country, being able of reading and interpreting certain laws, specially the Constitution, living, this way, a sound citizenship, exerting rights and fulfilling duties. This seems to be the general rule everywhere, in the majority of the countries.
1. Solely the Latin text has official value
In Brazil, the Episcopal Conference (Conferência Nacional dos Bispos do Brasil - CNBB) stated clearly that only the Latin text has official value: "For the exact comprehension of this Brazilian edition, it is necessary to consider the following warnings: "1st. Only the Latin text of the Code has official value (...)" ("Só o texto latino do Código tem valor oficial") . In the presentation of the second edition of the Code, the conference repeats the norm that only Latin possesses official value: "It's a great satisfaction to present the second revised edition of the Code of Canon Law, Brazilian version, with the official Latin text."
The translations in many countries are usually submitted to the approval and control of the Episcopal conference, yet, this does not mean that the translation is equivalent to the Latin in terms of official legitimacy. Latin is still the sole language of the Code of Canon Law! Unlike the attitude based upon the Code of 1917, the actual legislator authorizes translations, but "(...) the authentic text of both Codes (the Latin and the Eastern) is the one described in the Latin language."
It is interesting to see how the "New Commentary on the Code of Canon Law", commissioned by the Canon Law Society of America shows a problem in the translation, that affects particularly the English Language: "Because English translates both lex and ius (in its objective sense) as Law, the technical precision of the Latin is lost, and mistakes in interpretation can be made."
Obviously, in the hypothesis of a judicial process that achieves Rome in the second or in the third degree of judgment, the judges will decide the case always referring to the Latin text.
2. Day to day difficulties
As a professor of Canon Law, I feel pretty upset by having to resort to the translation all the time. The idea, sometimes, is that my pupils and I are dealing with something unreal, because the Law is not the translation. The various versions of the Code have the sole purpose of aiding the understanding of the letter of the law; it functions as a sort of reference for the Catholic. Nothing else! For this very reason, I make question of addressing a student in the classroom, asking him: please, Sir, read the translation of this Canon; I never say: read this or that Canon. In fact, the translation is simply a shadow of the Law.
Unfortunately, some colleagues of mine, on giving classes, handle only the translation, leaving behind the text in Latin. Something worst happened in Brazil: a publishing house has edited a Code just in Portuguese, that is, only the translation!
Needless to exhibit in this article all the serious problems that I encountered in my classes, still better, in my students' misunderstanding, due to the blind trust of the translations. Of course, on teaching Canon Law, I have my eyes on the Latin text, but I can't transform a class of Canon Law into a class of Latin. So, the use of the translation is inevitable, but not the sole use of the translations, as some colleagues are accustomed to, according to what I wrote lines behind. I am going to mention some translation problems, related to my teaching experience. Anyhow, the question is very different, for the translation, even the excellent one, is not the Code. It will always be, let's emphasize it!, a simulacrum of the Code!
There exist many situations in which the translation mislead the interpreter. I will cite just two examples, stating once again that even if the translations were perfect, they would still be simple translations and not the real Law.
1st Example. Canon 777, 4th. This part of the mentioned canon establishes that catechetical formation must be given to the mentally and physically handicapped. In Latin: qui corpore vel mente sint praepedit. The translation made in Portugal is this: spiritually and physically handicapped ("deficientes espirituais e físicos"). To have a mental problem, as indicated in the canon, and to have a spiritual problem, as figured by the translator, are totally different things. On elaborating the canon, the Legislator did not think, for instance, of the morally disordered, who might have spiritual problem. The attention is concentrated exclusively on the mentally handicapped; in Portuguese: "deficientes mentais").
2nd Example. Canon 998. The mentioned canon determines that the sacrament of anointing of the sick has to be conferred to the person who is dangerously ill. In Latin: periculose aegrotantes. The Code of Canon Law edited by Loyola translated seriously ill ("gravemente doentes"). Well, it is totally different. Let's think of a brother who is suffering of AIDS. Such a person is seriously ill, but not dangerously ill, as the condition imposed by the Legislator for the administration of the sacrament. It is notorious that AIDS has a complete control nowadays and those who are positive HIV no more run the risk of dying at any moment, because of this sickness.
3. English: an excellent language for a new Code
The scope of this article of mine is to try to demonstrate that it would be very useful and realistic if the Code of Canon Law were written in a modern Language, like English or Spanish, the two most spoken languages of the Planet. A catholic from Japan, for example, who is under the Latin rite, would have many more conditions of understanding the Code in English. The Canon Law would not be a mystery for him anymore, but norms, rules, to be put into practice, in order to live as a good Christian. The same thing would occur to a parish-pastor in India, in checking the canons of the Code, establishing a strict and vital contact, a genuine familiarity with the Law of the Church.
In my opinion, the language to be employed in the new Code is the one in which this article was elaborated: English. Why? Because, with no shadow of doubt, English is an international language. In many countries, like Germany, Austria, for instance, English has already become the second language. Even in Italy, English is much used. One can view traffic signs in English on the streets of Rome. In various countries of Africa, from where comes part of the seminarians with whom I work, English is an official language, too.
In the classes, as I said above, as nobody knows Latin, the translation seems to be the solution. Thus, the teaching of Canon Law goes into a fantasy, for the object of the class is very far away; it is hidden in Latin. English, of course, is not known as well by a native American as by a Brazilian. This is true. Nevertheless, with the internationalization of English, even the south-Americans are achieving a greater knowledge of this splendid language. On the other side, nobody else, neither the seminarians, show interest for Latin and the 6-month course usually administered in the faculty of theology is incredibly insufficient for a very difficult idiom.
Conclusion
Nobody will tell me, please, that the Code of Canon Law is for the priests and this fact justifies the use of the Latin. This is a false statement, since the Code in question is for the people of God (lay and clergy). But, even if we could agree with such anti-conciliar affirmation, we would have to cope with the vicissitude that 99% percent of the priests nowadays don't know Latin. They knew it well in the ides of the abrogated Code of 1917.
Nobody will tell me either that the Code of Canon Law is not so relevant for living as a good catholic. Well, without this Code, Vatican II would be nothing, but a compendium of excellent intentions of the bishops and the pope. In the Catholic Church, the juridical support is essential; actually, it identifies the genuine Church, because our Lord himself provided the Church with some juridical institutions, like the primacy, being some of them regulated in the Code of Canon Law.
John Paul II affirms in the constitution Sacrae Disciplinae Leges, on promulgating the Code of Canon Law: "(...) We must acknowledge that this Code drew its origin from one and the same intention, namely the renewal of Christian life."
It is easy to encounter various relevant Laws in Acta Apostolicae Sedis which are written in modern languages, like Italian, French, Spanish and English.
If the Code of Canon Law is not expressed in an accessible language, like English, the people of God, those who have to love and follow the Law, will never reach the so called spirit of the Law, instead the Catholics will be persecuted or chased by the ghost of the law, because just a few illuminated specialists will affirm to possess the key of the ecclesial Law, that is, the knowledge of Latin. The Italians have a famous adage: "Tradutore traditore". In English: "Each translator is a traitor".
Bibliography
BEAL, John P. et allii. New Commentary on the Code of Canon Law. New York: Paulist Press, 2000.
PEREIRA, Caio Mário da Silva. Instituições de Direito Civil, Vol. I. 6.ª ed. Rio de Janeiro: Forense, 1982
Código de Direito Canônico, 18.ª ed. São Paulo: Loyola, 2008.
Diccionario Enciclopédico de Derecho Canónico. Barcelona: Herder, 2008.
