No. What the final synod document seems to recommend is not the exclusive use of the “internal forum” which JPII and Cardinal Ratzinger spoke of some decades ago. Both a priest and a bishop would be involved in the recommended process, and this would entail the use of the external forum. It is somewhat astonishing that it seems this is not widely understood.
It is not possible to understand something that has not actually been proposed, but the key point is this: where is the statement of nullity made? Does it come from the internal or the external forum? If from the external forum, then there is no significant change to the existing system, and no reason for concern. If from the internal forum then everything the church has said about the matter is reversed, the statements of JPII, BXVI, and all the preceding popes who have spoken on this matter are repudiated, and there is great reason for concern. So, which forum is to declare on the matter?
Yes, it is not questioned that this is the current teaching, but it later became a question before the synod of bishops. It should be obvious that relying strictly on current teaching for an answer to the question that was before the synod is legalism.
If this was true it would set up an interesting situation. If the existing procedure is changed, because it would be mere legalism to follow doctrine, then what happens when the new procedure becomes doctrine? Wouldn’t it be mere legalism to follow it, and wouldn’t that be reason to change it again? Your interpretation would not lead to the improvement of doctrine but to its elimination.
Why would an unbiased search for the truth not be available in the internal forum?
There is nothing that hampers us from searching for truth, but the truth about the validity of a marriage is not determined simply by the personal feelings of one of the parties. Nor is anyone to judge for himself the outcome of his own case.*Since marriage has a fundamental public ecclesial character and the axiom applies that nemo iudex in propria causa (
no one is judge in his own case), marital cases must be resolved in the external forum. *(Ratzinger)
Cannot a human being have a spiritual life? I do not understand the insistence that spirituality is exclusively an objective process, and, quite frankly, that it would be so limited is nonsensical.
This discussion has nothing whatever to do with one’s spiritual life. It has to do with facts and the law. It involves a search for the truth, and the truth has no dependency at all on what someone feels about it.
A difficulty is the rejection of the interior life of a human being and its essential relationship to spirituality by the insistence that it can somehow be objectively known and judged. I do not believe this is possible.
That may be true, but it is irrelevant to the issue. No one is trying to judge the spirituality of the spouses in a failed marriage; it has no bearing on the facts of the matter. Either the marriage was valid, or it wasn’t.
But you have not answered my question, so I will ask it again: Who is held accountable when a marriage tribunal errs?
Both spouses have the right to challenge the ruling to another tribunal. Even before that I believe that a second tribunal has to confirm the ruling. Finally, if the situation has been judged by three (or even two) tribunals, where is the justification for claiming a tribunal has erred? How can that be determined? If that still doesn’t satisfy you, then there is this:*“When we do a thing for a good and lawful purpose, if thereby we unintentionally cause harm to anyone, it should by no means be imputed to us.” *(Augustine)
Ender