Cardinal Burke: synod did not, and cannot, approve 'internal forum' approach for divorced/remarried Communion

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Where did the Synod state this? It was certainly not in the statement we have been discussing?

Nor was it in the recent changes to the annulment process that Pope Francis issued.

Where can we find where the Synod or the Church made this change?
It is quoted in comments #66-67 on this thread. The full recommendation is in paragraphs 85-86 of the final synod document. It is a recommendation and not a change.
 
It is quoted in comments #66-67 on this thread. The full recommendation is in paragraphs 85-86 of the final synod document. It is a recommendation and not a change.
To tell you the truth it does sound that C. Burke cannot be objecting to what is written since it was approved ,but to the interpretation that Spadaro gave it.
As I read the final document ,one thing seems to be internal forum.as.written and another the internal forum.approach or solution as Kasper seemed yo have proposed.
I do not read anything ,at least in good faith ,that may sound strange.
Nothing would strike me as unusual or outside Church boundaries.
The fact is the paragraphs were voted by majority though tight. I do not believe C. Burke is denying this at all. But Spadaro s interpretation which I read but not in full text yet.
I do agree with you that internal forum is far from opinion. Traditionally ,it is Confession , and if I am not mistaken it is also common.practice discerning vocation to enter a seminary too. But this last statement may be inaccurate.
In any case I am glad they understand it. And the Pope is a son of the Church.
 
Thomas White;13489025:
There are differences of opinion about what the synod recommended, and of course it is a question for Pope Francis to decide. But I would think the lack of a decree of Nullity is so obviously an obstacle to fuller participation in the life of the church that it wouldn’t require a recommendation by the synod, calling for discernment with the assistance of a priest and leading to the formation of a “correct judgment”, for a person to realize it.
Or their obstacle could be a lack of desire to live a life of Chastity, as require by Church teaching. THAT would be a matter of helping them come to the correct decision, in light of a lack of an annulment
Yes, of course it could if it is determined a first marriage was valid.
Hence the requirement for an decree of nullity. As noted, any other participation in the Sacramental life of the Church by a divorced and remarried person without one would be incorrect.
That is also very well known and not questioned, but it is not church doctrine that a correct judgment of the validity of a first marriage must be determined by a marriage tribunal. If there is a change, I would have no problem accepting it. It is a question for Pope Francis to decide. What Pope Francis decides and what others might then decide is a correct judgment of the validity of their first marriage is not a thing for me to decide, and I would not judge such a determination. What I think is we should worry about our own souls and realize the sky is not going to fall if there is a change.
 
To tell you the truth it does sound that C. Burke cannot be objecting to what is written since it was approved ,but to the interpretation that Spadaro gave it.
As I read the final document ,one thing seems to be internal forum.as.written and another the internal forum.approach or solution as Kasper seemed yo have proposed.
I do not read anything ,at least in good faith ,that may sound strange.
Nothing would strike me as unusual or outside Church boundaries.
The fact is the paragraphs were voted by majority though tight. I do not believe C. Burkie is denying this at all. But Spadaro s interpretation which I read but not in full text yet.
I do agree with you that internal forum is far from opinion. Traditionally ,it is Confession , and if I am not mistaken it is also common.practice discerning vocation to enter a seminary too. But this last statement may be inaccurate.
I believe Cardinal Burke is technically correct. There was a practice some years ago known as the Internal Solution, and it specifically concerned the internal forum. The Internal Solution recognized the primacy of conscience in the case of a divorced and remarried person in deciding the validity of a first marriage, but the teaching was the practice could not be widely applied by the church. This was an old practice and was officially discontinued in the years following Vatican II.

However, what was recommend by the synod is not the Internal Solution of old. It seems it would be a process of discernment in the internal forum but also where it would be “the duty of priests to accompany those concerned along the path of discernment according to the teaching of the church and the guidance of the bishop”. With the involvement of a priest and the bishop, this is not strictly the “internal forum”, and it would seen it would also involve the external forum given that a priest and bishop would be involved.

Whether this was what Cardinal Burke meant to say, I do not know.
 
I believe Cardinal Burke is technically correct. There was a practice some years ago known as the Internal Solution, and it specifically concerned the internal forum. The Internal Solution recognized the primacy of conscience in the case of a divorced and remarried person in deciding the validity of a first marriage, but the teaching was the practice could not be widely applied by the church. This was an old practice and was officially discontinued in the years following Vatican II.

However, what was recommend by the synod is not the Internal Solution of old. It seems it would be a process of discernment in the internal forum but also where it would be “the duty of priests to accompany those concerned along the path of discernment according to the teaching of the church and the guidance of the bishop”. With the involvement of a priest and the bishop, this is not strictly the “internal forum”, and it would seen it would also involve the external forum given that a priest and bishop would be involved.

Whether this was what Cardinal Burke meant to say, I do not know.
Really ? That is interesting .I did not know about the " old".
I understand about the same as you in the " new" one ,except that the accompanying of the priest would be internal ,like private. More of a guide.

Sometimes I just wish we could all be sitting around and talking. One thought leads to the other. The good thing is these Synod fathers care ,and they have put much effort and their experience into it.

Why do you see it as external ,Thomas ? Just asking
 
Really ? That is interesting .I did not know about the " old".
I understand about the same as you in the " new" one ,except that the accompanying of the priest would be internal ,like private. More of a guide.

Sometimes I just wish we could all be sitting around and talking. One thought leads to the other. The good thing is these Synod fathers care ,and they have put much effort and their experience into it.

Why do you see it as external ,Thomas ? Just asking
Well, the way I understand the internal forum is as the forum of conscience and don’t think that another person can enter this internal place. Yes, the accompaniment by a priest would be private, but I think this accompaniment necessarily occurs in the external forum (which is true of confession for example). Most importantly, it is the external forum that is recognized by the church.

Canon 130 of the code of Canon Law provides the following: "Of itself the power of goverance is exercised in the external forum; sometimes, however, it is exercised for the internal forum alone, so that the effects which its exercise is meant to have for the external forum are not recognized there, except insofar as the law establishes it in determined cases (emphasis added).

Inasmuch as this is canon law, it might not be applicable in this instance since it perhaps provides a specific and limited definition of “internal forum” (i.e., not necessarily as the internal forum as the forum of conscience). But it does provide an explanation of the two forums and also for why a certain judgment of the internal forum could be recognized “in determined cases” (that is, with the a compliment of a priest) in the external forum.

Anyway, this is my thinking on the question.
 
Well, the way I understand the internal forum is as the forum of conscience and don’t think that another person can enter this internal place. Yes, the accompaniment by a priest would be private, but I think this accompaniment necessarily occurs in the external forum (which is true of confession for example). Most importantly, it is the external forum that is recognized by the church.

Canon 130 of the code of Canon Law provides the following: "Of itself the power of goverance is exercised in the external forum; sometimes, however, it is exercised for the internal forum alone, so that the effects which its exercise is meant to have for the external forum are not recognized there, except insofar as the law establishes it in determined cases (emphasis added).

Inasmuch as this is canon law, it might not be applicable in this instance since it perhaps provides a specific and limited definition of “internal forum” (i.e., not necessarily as the internal forum as the forum of conscience). But it does provide an explanation of the two forums and also for why a certain judgment of the internal forum could be recognized “in determined cases” (that is, with the a compliment of a priest) in the external forum.

Anyway, this is my thinking on the question.
Thank you.
 
We has discussed this at length on several other threads and despite my repeated attempts to charitably explain it, you seem unable to grasp what is involved.
That I reject your position hardly means that I don’t understand it.
The certain judgment of conscience is not a subjective opinion…
Given, as you have admitted, that the certain judgment of conscience can in fact be wrong, it is assuredly a subjective opinion.
The final determination of the validity of a first marriage would be made by a priest, and it has been noted this would necessarily (and by definition) be a determination made in the external forum.
Why would there need to be a determination of validity by someone other than the individual if the individual’s judgment is guaranteed to be accurate, that is, not subjective? Second, that determination has to be made based on the facts and the law, and how are priests, who are not trained in the law and have few resources (let alone the necessary time) supposed to carry out this task? Why would turning this task over to parish priests be an improvement over the existing process?
The problem is the insistence that the validity of a sacrament (marriage) must be (and could only be) objectively determined by other persons.
Because it is a matter of the facts and the law. Not to mention that this point has already been decided.*7. The mistaken conviction of a divorced and remarried person that he may receive Holy Communion normally presupposes that personal conscience is considered in the final analysis to be able, on the basis of one’s own convictions, to come to a decision about the existence or absence of a previous marriage and the value of the new union. However, such a position is inadmissable. *(Cardinal Ratzinger)
I’ll also point out that Ratzinger in talking about “mistaken convictions” clearly makes the point that the conscience can in fact err.
But why would a person approach a marriage tribunal had they not already questioned the validity of their marriage in the internal forum? To simply rule out any involvement of the internal forum, the forum of conscience, is not realistic and not really possible.
It is not at all unreasonable to first approach a priest with what one believes to be the facts surrounding the failure of the first marriage to see if a case can be made. No one opposes this. The opposition arises when it is implied that this is all that needs to be done.
As CCC 1776 provides, God’s law is inscribed on the heart of man. The internal forum involves faith and belief. But the certain judgment of conscience is not subjective opinion…
If this was true then the conscience could never err, but we know the conscience in fact can err, therefore the conscience, certain or not, is a subjective opinion.

Ender
 
it is not church doctrine that a correct judgment of the validity of a first marriage must be determined by a marriage tribunal.
This point too was addressed by Cardinal Ratzinger.* **It must be discerned with certainty by means of the external forum ***established by the Church whether there is objectively such a nullity of marriage. The discipline of the Church, while it confirms the exclusive competence of ecclesiastical tribunals with respect to the examination of the validity of the marriage of Catholics, also offers new ways to demonstrate the nullity of a previous marriage, in order to exclude as far as possible every divergence between the truth verifiable in the judicial process and the objective truth known by a correct conscience.
Ender
 
This point too was addressed by Cardinal Ratzinger.* **It must be discerned with certainty by means of the external forum ***established by the Church whether there is objectively such a nullity of marriage. The discipline of the Church, while it confirms the exclusive competence of ecclesiastical tribunals with respect to the examination of the validity of the marriage of Catholics, also offers new ways to demonstrate the nullity of a previous marriage, in order to exclude as far as possible every divergence between the truth verifiable in the judicial process and the objective truth known by a correct conscience.
Ender
If, as you say in your comment #90, “the conscience, certain or not, is a subjective opinion”, what is it you suppose Cardinal Ratzinger meant by the phrase “the objective truth known by a correct conscience”?
 
If, as you say in your comment #90, “the conscience, certain or not, is a subjective opinion”, what is it you suppose Cardinal Ratzinger meant by the phrase “the objective truth known by a correct conscience”?
It is known by the correct conscience; in contrast, it is not known by the incorrect conscience. Since the individual cannot know whether his conscience is correct or incorrect, the fact that it may be correct confers no special meaning to it. That we have to do what we think is right does not mean that what we think is right is actually so.

A person’s “certain judgment of conscience” has no necessary claim to truth. It is abundantly clear that “certain” is not synonymous with “correct.”

Ender
 
It is known by the correct conscience; in contrast, it is not known by the incorrect conscience. Since the individual cannot know whether his conscience is correct or incorrect, the fact that it may be correct confers no special meaning to it. That we have to do what we think is right does not mean that what we think is right is actually so.

A person’s “certain judgment of conscience” has no necessary claim to truth. It is abundantly clear that “certain” is not synonymous with “correct.”

Ender
What is clear from the comment above is that the church’s teaching on conscience is not understood. Simply stated, the error is the erroneous conception that the certain judgment of conscience is of the intellect rather than the heart (upon which God’s law is inscribed) (CCC 1776).

To say “since the individual cannot know whether his conscience is correct or incorrect” continues the error. What the conscience knows does not originate in the human intellect and is not a question of Reason. It is of the heart. The notion that the certain judgment of conscience is the result of human reasoning is ultimately the error of legalism, which holds that truth can only be known objectively (e.g., as knowledge learned from doctrine). What the conscience knows is a feeling, and this feeling is of a spiritual nature. It is not the objective knowledge one learns in an exterior way, but rather it is an inner spiritual experience. It is to know right from wrong as part of man’s God-given nature. And in this way, it is a reflection of Objective Truth.

To hear the voice of consciece is a spiritual experience, and to reject this truth is an error of legalism. It denies the prospect of man’s direct relationship with God, questions it and, ultimately, questions spirituality itself. That there Is a direct relationship between God and man is why the certain judgment of conscience must always be obeyed. The error of legalism is so fundamental that in its extreme it would mitigate the possibility of even prayer having any meaning. From this error there results all the things Pope Francis has recently criticised: legalism, conservatism/fundamentalism, judgmentalism, a blinkered perspective and, perhaps most meaningfully, a closed heart.

That the certain judgment of conscience can err is explained in the link found elsewhere to an article by Cardinal Ratzinger.
 
the church’s teaching on conscience is not understood.
We agree at least on this much.
Simply stated, the error is the erroneous conception that the certain judgment of conscience is of the intellect rather than the heart (upon which God’s law is inscribed) (CCC 1776).
On this, however, we completely disagree.Man has been made by God to participate in this law, with the result that, under the gentle disposition of divine Providence, he can come to perceive ever more fully the truth that is unchanging. Wherefore every man has the duty, and therefore the right, to seek the truth in matters religious in order that he may with prudence form for himself right and true judgments of conscience, under use of all suitable means.

Truth, however, is to be sought after in a manner proper to the dignity of the human person and his social nature. The inquiry is to be free, carried on with the aid of teaching or instruction, communication and dialogue, in the course of which men explain to one another the truth they have discovered, or think they have discovered, in order thus to assist one another in the quest for truth.


*Moreover, as the truth is discovered, it is by a personal assent that men are to adhere to it. *(Paul VI, Dignitatis Humanae)

If God’s law is fully inscribed on our hearts what is there to seek? What truth could possibly be discovered if we have it all to begin with? If the intellect is not involved how could teaching, communication and dialogue be of any use?
To hear the voice of conscience is a spiritual experience, and to reject this truth is an error of legalism.
According to JPII it is a judgment, not a spiritual experience, and judgments involve the intellect.*…conscience is the application of the law to a particular case. (Veritatis Splendor #59)

**The judgment of conscience does not establish the law… (Ibid #60)

…in** the practical judgment of conscience**, which imposes on the person the obligation to perform a given act… (Ibid #61)
*It may be that the general guidelines of the divine law are known, but the application of those guidelines, the “application of the law to a particular case” which involves the conscience, also involves the intellect. This is why it needs to be formed, and why it can learn.
That the certain judgment of conscience can err is explained in the link found elsewhere to an article by Cardinal Ratzinger.
That it has an explanation is irrelevant to the point that the certain judgment of conscience can err.

Ender
 
We agree at least on this much.

On this, however, we completely disagree.Man has been made by God to participate in this law, with the result that, under the gentle disposition of divine Providence, he can come to perceive ever more fully the truth that is unchanging. Wherefore every man has the duty, and therefore the right, to seek the truth in matters religious in order that he may with prudence form for himself right and true judgments of conscience, under use of all suitable means.
Of course, and this concerns the formation of conscience. That the church has always taught that the final arbiter is the certain judgment of conscience is where we disagree, but it is Catholic belief (CCC 1800).

Ender;13493603 said:
Truth, however, is to be sought after
in a manner proper to the dignity of the human person and his social nature. The inquiry is to be free, carried on with the aid of teaching or instruction, communication and dialogue, in the course of which men explain to one another the truth they have discovered, or think they have discovered, in order thus to assist one another in the quest for truth.

This concerns knowledge and objective truth, and it is not questioned that it is found in Apostolic preaching and church doctrine. But this is not the same thing as the certain judgment of conscience.
Moreover, as the truth is discovered
, it is by a personal assent that men are to adhere to it. (Paul VI, Dignitatis Humanae)

Why is the teaching that men are to adhere to the discovered truth by personal assent to it unless men are the final arbiter?
If God’s law is fully inscribed on our hearts what is there to seek? What truth could possibly be discovered if we have it all to begin with? If the intellect is not involved how could teaching, communication and dialogue be of any use?
According to JPII it is a judgment, not a spiritual experience, and judgments involve the intellect.*…conscience is the application of the law to a particular case. (Veritatis Splendor #59)
The judgment of conscience does not establish the law… (Ibid #60)

…in** the practical judgment of conscience**, which imposes on the person the obligation to perform a given act… (Ibid #61)
It may be that the general guidelines of the divine law are known, but the application of those guidelines, the “application of the law to a particular case” which involves the conscience, also involves the intellect. This is why it needs to be formed, and why it can learn.
That it has an explanation is irrelevant to the point that the certain judgment of conscience can err.

Ender
No, the judgment of conscience does not establish God’s law. God’s law is inscribed on the heart of man, and it seems some cannot accept this teaching either (CCC 1776). The certain judgment of conscience is not the circular logic that it is “the application of the law” where the law is objectively learned. “The practical judgment of conscience” may well be (and likely almost always is) in accord with church teaching for a Catholic who understands it, but the teaching is that “a human being must always obey the certain judgment of his conscience”. This judgment is not necessarily in agreement with church teaching, and this is a place where those who have a legalistic outlook find themselves in disagreement with church teaching. I do not believe this erroneous outlook is easily overcome. It can be pointed out time and again (and it is) but seemingly to no avail. It is as though it just isn’t heard.

I think that what is not understood is what the certain judgment of conscience (which it is church teaching that man must obey) entails. It is of the heart. It is to know right from wrong and not as though the voice of conscience recited verbatim church teaching in the way a person would learn it by reading or otherwise. It is a spiritual truth. Frankly, it is disconcerting if one has not experienced this truth.

Perhaps quoting from church teaching does not always at once reveal its intended meaning, and for this reason I am not often persuaded by a mere quotation, often taken out of context. "The practical judgment of conscience concerns the act, and it is a decision made by the intellect. It of course might err if the voice of conscience were “stiffled”. Relying on quotations rather than demonstrating that one has thought a question through is often a sign of legalism, I think. And it is fairly common.
 
In a recent essay in CWR, Germain Grisez said this: “I shall show that the “new way” for pastors to accompany and discern with remarried divorcées proposed in sections 84–86 could not deliver what such penitents would be seeking, without conniving with them to change their uncertain consciences into erroneous ones—and possibly into culpably erroneous ones.”

catholicworldreport.com/Item/4422/the_unsoundness_of_synod_2015s_new_way.aspx
Hmm. Is this perchance the “new way” that others on this very thread have insisted the final synod document did not recommend? Just curious. :rolleyes:
 
Hmm. Is this perchance the “new way” that others on this very thread have insisted the final synod document did not recommend? Just curious. :rolleyes:
Professor Grisez’ opening paragraph indeed notes the ambiguity of the Synod’s final report. He notes that while Cardinal Kasper said that “the door has been opened” to the new way, Cardinal Pell said that the document makes “no opening” for the divorced and remarried to receive communion under a new way of discernment.

His article explores the implications IF the document did indeed open the door to this new way. He makes no judgment as to whether the door has been left open or closed, but merely discusses the implications of what has been called the Kasper Proposal.
 
Professor Grisez’ opening paragraph indeed notes the ambiguity of the Synod’s final report. He notes that while Cardinal Kasper said that “the door has been opened” to the new way, Cardinal Pell said that the document makes “no opening” for the divorced and remarried to receive communion under a new way of discernment.

His article explores the implications IF the document did indeed open the door to this new way. He makes no judgment as to whether the door has been left open or closed, but merely discusses the implications of what has been called the Kasper Proposal.
Yes, I know. Mine was meant as a light-hearted comment. The language of paragraphs 84-86 has been variously interpreted. We will have to wait and see what happens, if anything.
 
That the church has always taught that the final arbiter is the certain judgment of conscience is where we disagree, but it is Catholic belief (CCC 1800).
You interpret “final arbiter” to mean that what the conscience chooses is valid. The church means only that it makes the final choice, valid or not.
This concerns knowledge and objective truth, and it is not questioned that it is found in Apostolic preaching and church doctrine. But this is not the same thing as the certain judgment of conscience.
Pope Paul was explaining the formation of the conscience. The very fact that it must be formed means that it has no innate ability to form a proper judgment in all cases.
Why is the teaching that men are to adhere to the discovered truth by personal assent to it unless men are the final arbiter?
Final arbiter of what? Truth? That is absolutely not what is meant.*To the affirmation that one has a duty to follow one’s conscience is unduly added the affirmation that one’s moral judgment is true merely by the fact that it has its origin in the conscience. But in this way the inescapable claims of truth disappear… *(JPII, Veritatis Splendor)
JPII explicitly rejected your interpretation, yet you continue to insist it is true.
I think that what is not understood is what the certain judgment of conscience (which it is church teaching that man must obey) entails. It is of the heart. It is to know right from wrong and not as though the voice of conscience recited verbatim church teaching in the way a person would learn it by reading or otherwise. It is a spiritual truth.
If it is to know right from wrong…how can it ever judge wrongly? If God’s law is fully imprinted in our hearts, how can the conscience ever be mistaken? If it is of the heart and not of the head how can it learn? Yet Paul VI insists that it can learn and must be taught.
Perhaps quoting from church teaching does not always at once reveal its intended meaning, and for this reason I am not often persuaded by a mere quotation, often taken out of context.
I identified exactly where you can find the citation. If you think it is out of context, show us how. You are unpersuaded by the citation, the fact that it was from JPII notwithstanding.
"The practical judgment of conscience concerns the act, and it is a decision made by the intellect. It of course might err if the voice of conscience were “stiffled”.
You speak of the judgment of conscience as if it was somehow different from the voice of the conscience. We have one conscience. It makes judgments. Those judgments may be wrong even if we are certain of them.
Relying on quotations rather than demonstrating that one has thought a question through is often a sign of legalism, I think.
I always thought relying on the actual teaching of the church was a surer way of discovering the truth than making it up on my own.

Ender
 
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