RIGHTS
267
treots of penalties and sondions. Becouse the incurrence of a penalty carries with it the obridgement of persona! rights, it is most important thot the safeguards of procedurol due process be operative before one is deprived of any rights in the Church. ln the proposed Revision of the Code of Canon law, the preliminary draft of the Fifth Book of the Code differs significontly from the present legislation.
Ils tone is less legalistic and juridical; ifs view of persans in an ecclesial society is much more pastoral. This is evident in the simplification and reduction of penalties, its stress on penalties os a last resort, ifs reduction of automatic penalties imposed without the safeguords of procedural due process, ils treatment of general penal princip les, mentioning specifie offenses only when it is thought to be of significant importance to the whole Church and, flnally, its effort to provide a judicial process in the infliction of most penalties, so thot persona! rights might be better protected. Although this proposed penal legislation is a vast improvement over the present penal law, one might seriously hope for a more theologicol rotionole regording these sanctions, a rationole keeping with the theologicol themes of Vatican Il, such os, the mission of the Church in the service of the Kingdom, the freedom of believers, outhority os service and the sinfulness of the Church. Postorally, one might even question the proctical volidity or necessity of many ecclesiastical penalties in the light of the Church's reconciling and heoling power and the socio-religious phenomenon of nonacceptance of law among many peoples. Juridically, although elements of procedural due process are present in the proposed legislation, one might desire an unequivocal assertion of the exigencies of due process. Even though these questions exist, the proposed legislation is a solid advance in the Church's seorch for a better law on sanctions, a law reflective of the theological realities of the day. Serving as il does as prophet of individuel rights, the Church in ifs own legal system con do no less thon continue to advance ils own, and mankind's, unè:lerstonding of individuel rights in the critical orea where it moy be necessarYto impose sanctions on ¡those rights.