The inspiration for this study arose from the Gospel call to community, the teaching of Vatican II and the study of Canon Law.

‘Novus Habitus Mentis’
Pope Paul VI first used the phrase novus habitus mentis in his formal address to the Commission for the revision of the Code of Canon Law Hodie Concilium, in 1965 and he reminded the commission that the revised Code must be in keeping with the theology and ecclesiology of Vatican II.

The Council Fathers, though not all, abandoned a narrow and confined vision of Church and with a ‘new attitude of mind’ began to perceive the unchanging mysteries of the faith from a viewpoint higher than what they were accustomed to. This ‘new attitude of mind’ was adopted in the revision of the Code as is evident, for example, in the positive attitude regarding the more participative role of the laity, the role of the hierarchy in the exercise of authority as service, and in the attitude of the law to change.

This thesis is based on the theology and ecclesiology of Vatican II, and the revised ecclesial legislation as expressed in the 1983 Code of Canon Law.  The model of Church, the People of God, living in communio, is recognised as a conciliar phenomenon expressing a novus habitus mentis of the Council.  While community has always been an integral part of the life of the Church, this major concept, emerging from the Council as a way forward with scope for evolution and growth, gave rise to a multiplicity of new ecclesial communities and associations.

Communio
While the concept of ‘communio’ underpinned the theology and ecclesiology of Vatican II the actual term ‘communio’ first emerged from the 1967 Synod of Bishops.  The notion of koinonia or ‘communio’ has always been at the core of the Church’s understanding of herself.  Through Baptism we are incorporated into Christ and become the family of the brothers and sisters of Christ.

In order to achieve renewal and change within the Church the Council Fathers chose the concept of ‘communio’ as a catalyst to facilitate the Church’s new understanding of herself and her relationship to the world.  This indicated the doctrinal shift from the concept of the Church as perfect society to a more open Church, that of ‘communio’.  In the concept of ‘communio’, the Council presented the Church as the People of God; they are Christ’s faithful, hierarchy and laity, called to holiness by working together to bring about the reign of God, through mutual co-operation, collaboration and participation, each in accordance with his condition.

This dynamic concept of ‘communio’ opened up the Church to accepting all humankind – of whatever culture, creed, non-Catholics, non-Christians, non-believers, and atheists – acknowledging that salvation is possible even to those outside the Catholic Church.  The call of all humankind to salvation gave way to dialogue and ecumenism and a new attitude and approach to mission.

The underlying concept of ‘communio’ endorses supports and responds pastorally to the emergence and acceptance of new movements in the light of Church teaching.  This thesis considers how Canon Law, in compliance with the call of Vatican II to a ‘novus habitus mentis’, relates with new communities and associations in the Church.  Is Canon Law relevant to, and supportive and facilitative of the empowerment of ‘communio’ in these new communities and associations, fostering their growth, development and recognition.

Selected Movements
The Council called on all the faithful, clergy and laity alike to actively exercise their rights and responsibilities in the Church according to their specific calling under the inspiration of the Holy Spirit.  The outpouring of the Spirit gave rise to the burgeoning of a multiplicity of new ecclesial communities and associations.  Three new movements, were chosen as an example of the expression of ‘communio’ in the spirit of a ‘novus habitus mentis’ that had emerged from Vatican II.  Sant’Egidio, the Neo-Catechumenal Way and the Cenacolo Community were selected as evidence of the up-to-date practical expression of the new communities response to the Church’s option for the poor, the suffering and the marginalised in today’s world.  Sant’Egidio responds to local, national and international needs of the marginalised. The Neo-Catechumenal Way invites engagement with baptismal commitment.  The Cenacolo Community offers Jesus as the ultimate healer in restoring people to wholeness from addiction.   The Church, like her founder, is a ‘lumen gentium’.  The Code is to enable us to live the ‘lumen gentium’.

Personal Note
From the research I came to realise more that: law follows life and that as life is constantly changing so also must law.

Canon Law is not limited to the same goal as civil law. The goal of civil law, rooted in the temporal order, is mainly justice, whereas, the goal of Canon Law, rooted in the Gospel message and tradition, is mainly truth.

Justice in the Church has its source in God; hence ecclesial law is characterised by charity in its foundation and in its function.  It is tempered by mercy.

Canon Law is inherently related to the mystery of the Church.

Canon Law has immense practical repercussions. It is not a mere presentation of theoretical norms, but has a dynamic role in its evangelising potential and in its ultimate purpose, namely, the salvation of souls (c. 1752). It facilitates good order in the Church and the direction of the lives of Christ’s faithful both as individuals and as associations.

I am currently engaged in getting the thesis published.

M Bonaventure Higgins rsm
South Central Province