The pastoral intent of ‘Mitis Ludex Dominus Iesus’

Abstract

Mitis Iudex Dominus Iesus is an Apostolic Letter, given motu proprio by Pope Francis on 15 August 2015, which outlines the reforms of the canonical legislation of the Latin Catholic Church governing marriage nullity trials. It is an important tool and a valuable resource for ecclesiastical tribunals in their task of trying to establish the truth regarding the nullity of marriage. In addition to revising the procedural law per se, the document introduces a new abbreviated process for cases in which nullity is clear and makes other major modifications to the marriage nullity procedures, while at the same time, protecting the Church’s teaching on the indissolubility of marriage. The aim of Pope Francis in introducing these reforms is to be more pastoral and in line with the general scope of canonical equity, directed at the salvation of souls, which is the supreme law of the Church. His prime concern is to eliminate any unnecessary, artificial or unduly burdensome barriers towards the parties obtaining a just and expeditious judgement. This work will tackle a number of observations in relation to this notable document. Primarily, it will examine the Pope’s vision and his call for a missionary conversion in the Church. Secondly, it will examine the actual reforms and the new procedures to be followed. Thirdly, it will try to establish whether the new canons are being applied in different dioceses with enthusiasm, and whether these have been effective, with a particular emphasis on the dioceses of Malta and Gozo. Some personal reflections will be made in the concluding chapter.