Cardinal Muller: no need to clarify Amoris Laetitia [CC]

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The matter is settled. Communion for the divorced and remarried can be determined by the Bishops of that region. Just accept it.

Amoris Laetitia:

Since “time is greater than space”, I would make it clear that not all discussions of doctrinal, moral or pastoral issues need to be settled by interventions of the magisterium. Unity of teaching and practice is certainly necessary in the Church, but this does not preclude various ways of interpreting some aspects of that teaching or drawing certain consequences from it. This will always be the case as the Spirit guides us towards the entire truth (cf. Jn 16:13), until he leads us fully into the mystery of Christ and enables us to see all things as he does. Each country or region, moreover, can seek solutions better suited to its culture and sensitive to its traditions and local needs. For “cultures are in fact quite diverse and every general principle… needs to be inculturated, if it is to be respected and applied” (AL, No. 3).

If we consider the immense variety of concrete situations such as those I have mentioned, it is understandable that neither the Synod nor this Exhortation could be expected to provide a new set of general rules, canonical in nature and applicable to all cases. What is possible is simply a renewed encouragement to undertake a responsible personal and pastoral discernment of particular cases, one which would recognize that, since “the degree of responsibility is not equal in all cases”, the consequences or ef- fects of a rule need not necessarily always be the same. Priests have the duty to “accompany [the divorced and remarried] in helping them to un- derstand their situation according to the teaching of the Church and the guidelines of the bishop (AL, 300).

For this reason, a pastor cannot feel that it is enough simply to apply moral laws to those living in “irregular” situations, as if they were stones to throw at people’s lives. This would be- speak the closed heart of one used to hiding behind the Church’s teachings, “sitting on the chair of Moses and judging at times with superiority and superficiality difficult cases and wounded families”. Along these same lines, the International Theological Commission has noted that “natural law could not be presented as an already established set of rules that impose themselves a priori on the moral subject; rather, it is a source of objective inspiration for the deeply personal process of making decisions.” Because of forms of conditioning and mitigating factors, it is possible that in an objective situation of sin – which may not be subjectively culpable, or fully such – a person can be living in God’s grace, can love and can also grow in the life of grace and charity, while receiving the Church’s help to this end. Discernment must help to find possible ways of responding to God and growing in the midst of limits. By thinking that everything is black and white, we sometimes close off the way of grace and of growth, and discourage paths of sanctification which give glory to God. (AL, 305).

w2.vatican.va/content/dam/francesco/pdf/apost_exhortations/documents/papa-francesco_esortazione-ap_20160319_amoris-laetitia_en.pdf
What is supposed to be “settled”? I’m not sure what is supposed to be “settled” when there are varying interpretations, a lack of clarity and seeming irreconcilability between these differing interpretations alongside the dubia and a possible formal correction still up in the air.
 
What is supposed to be “settled”? I’m not sure what is supposed to be “settled” when there are varying interpretations, a lack of clarity and seeming irreconcilability between these differing interpretations.
It’s stated very clearly in Amoris Laetitia, which falls under the ordinary magisterium, that “each country or region, moreover, can seek solutions better suited to its culture and sensitive to its traditions and local needs.” Thus, it can be surmised that varying interpretations are encouraged. “By thinking that everything is black and white, we sometimes close off the way of grace and of growth, and discourage paths of sanctification which give glory to God” (AL, 305).

Consequently, the Bishops of Buenos Aires and Malta have set guidelines that have opened the door for communion for the divorced and remarried.

Not to mention, the Pope has expressed his approval of the guidelines set by the bishops of Buenos Aires, which the Vatican has confirmed, AND the Maltese bishops’ guidelines were published in the Vatican’s own newspaper.

"The text is very good and makes fully explicit the meaning of the eighth chapter of ‘Amoris Laetitia’,” Pope Francis said. “There are no other interpretations. And I am sure it will do a lot of good. May the Lord reward you for this effort of pastoral charity.”

aleteia.org/2016/09/13/vatican-confirms-pope-francis-letter-to-argentine-bishops-on-amoris-laetitia-is-authentic
 
alongside the dubia and a possible formal correction still up in the air.
The dubia and the possible correction have no traction if the Pope doesn’t give it.

The only teaching we need to follow is that provided by the Pope- whether some churchmen like that teaching or not.
 
The dubia and the possible correction have no traction if the Pope doesn’t give it.
Actually the formal correction will cause a lot of shockwaves. Let’s hope it doesn’t go there. Because after a formal correction, the next accusation is heresy and deposition of the Pope (if a pope falls into formal heresy then he relinquishes the papacy and can be deposed).
The only teaching we need to follow is that provided by the Pope- whether some churchmen like that teaching or not.
Except when his teaching promotes scandal and heresy. The Pope mustn’t be blindly followed. He is very fallible and can err. Many popes have. The pope is subject to tradition and the faith we have received. Before we follow him we must make sure his teaching does not break with the apostolic faith.
 
http://wdtprs.com/blog/wp-content/uploads/2017/01/carlo-caffarra-con-benedetto-XVI-300x171.jpgToday in the Italian Il Fogliothere is an interview with His Eminence Carlo Card. Caffara, one of the Four Cardinals who submitted the Five Dubia to His Holiness the Pope about**Amoris laetitia.

Il Foglio**seems to have a paywall, but you can find the Italian text at.Il Sismografo

Caffarra, who founded the John Paul II Institute for the Family is probably the author of the Five Dubia.

This interview is undoubtedly a response to Card. Müller’s statements on Italian television the other day – which on the surface seemed to thrown the Dubia and the Four under the #64 Bus – that provoked confusion and consternation.

Il Sismografo lost the formatting when it was transferred, which makes it laborious to tease out. *Here is the headline:

“Solo un cieco può negare che nella Chiesa ci sia una grande confusione”. Intervista esclusiva al cardinale Carlo Caffarra

“Only a blind man can deny that there is great confusion in the Church.” An exclusive interview with Carlo Card. Caffarra.

Some salient long passagesfrom the extensivepiece. My fast translation with myemphases*and comments:

“The division between bishops is the cause of the letter that we wrote to Francis, (the division is) not the effect of the letter. Insults and threats of canonical sanctions are unworthy.”

“I think think that some things have to be cleared up. The letter and the the attached Dubia were reflected on at length, for months, and were discussed at length among ourselves. And in my case they were prayed about at length before the Blessed Sacrament.”

“We were aware that the gesture we were undertaking was serious. We had two concerns. The first was not to scandalize the faithful. For pastors like ourselves that is a fundamental obligation. The second concern was that no one, believer or not, should find in the letter expressions that even at a distance seem to be even slightly disrespectful toward the Pope. The final text is the fruit of many revisions: revised proofs, rejected, corrected.”

What drove*us to do this? A consideration that is general or structural and one that is contingent or circumstantial. Let’s start with the first. We cardinals have a grave obligation to give counsel to the Pope in the government of the Church. It’s an obligation, and obligations oblige. In terms of the contingent consideration is the fact – which only the blind would deny – that there is enormous confusion, uncertainty, insecurity in the Church as a result of some paragraphs of Amoris laetitia. Over the past months, in terms of fundamental questions concerning the sacraments [economia sacramentale] (matrimony, confession and Eucharist) and the Christian life, some bishops have said A, others have said the contrary of A – and this with the intention of interpreting the same text. And this is an undeniable fact, because facts are stubborn, as David Hume said. The way out of this ‘conflict of interpretation’ was recourse to fundamental theological interpretative criteria by the use of which, I think, one can reasonably show that**Amoris laetitia* does not contradict Familiaris consortio. Personally, in public meetings with laity and priests I have always followed this method.”

“Nevertheless, we realized that this epistemological model was not sufficient. The contrast between these two interpretations continued unabated. There was only one way to get to the bottom of is[per venirne a capo]: to ask the author of the text that is interpreted in two contradictory ways which is the right interpretation. There is no other way*. Then we confronted the problem of how to bring this to the Pope. We chose a way that is very traditional in the Church, the so-called Dubia. [Why?] Because it is an instrument which would not oblige the Holy Father to respond in detail and at length in case, in his sovereign judgment, he should wish to respond. He only had to answer yes or no. And to pass it on, as Pope have often done, to trusted writers (probati auctores) or to ask the Congregation for the Doctrine of the Faith to publish a Declaration with explanations of the yes or no’s. It seemed the simplest way. The other question was whether to do it privately or publicly. We thought and agreed that it would be disrespectful if we made everything public right away. So we did it privately, and only once we were sure that the Holy Father would not respond did we decide to publicize it. [NB!] We interpreted his silence as authorization to proceed with a theological discussion. Furthermore, the problem profoundly involves both the Magisterium of Bishops (which, let’s not forget, they exercise on the basis of the sacrament they have received and not on the basis of delegation from the Pope) and it involves the life of the faithful. [NB!] Both groups have a right to be involved in this discussion. Many of the faithful as well as priests were saying, ‘but you cardinals in a situation like this one are obliged to intervene with the Holy Father. Why otherwise do you exist if not to help the Pope in questions as grave as this?’ A scandal on the part of many of the faithful began to grow, as though we cardinals were behaving like the dogs who did not bark about whom the prophet speaks. This is what is behind the those couple of pages.”

Some individuals continue to say that we are not being docile to the Magisterium of the Pope. This is false and calumnious. We wrote to the Pope precisely because we did not want to be un-docile. I can be docile to the Pope’s Magisterium only as long as I know what the Pope is teaching in matters of faith and Christian life. But this is exactly the problem: that which the Pope is teaching on some fundamental points simply cannot be understood, as the conflict of interpretations among bishops shows. We want to be docile to the Magisterium of the Pope, but the Magisterium of the Pope has to be clear. None of us wanted to ‘oblige’ the Holy Father to respond. In the letter we spoke of sovereign judgment. We simply and respectfully asked questions. The accusations that we wanted to divide the Church are unworthy of attention. The division that already exists in the Church is the reason for the letter, not its effect. What’s unworthy in the Church, above all in a context such as this, are the insults and threats of canonical sanctions.”

“I received a letter from a parish priest that’s a perfect photograph of what’s been happening. He wrote me, ‘In spiritual direction and in confession I don’t know what to say anymore. To the penitent who tells me that he lives with all the effects as the husband with a woman who is divorced and now I go to Communion’, I propose a certain path in order to correct this situation. But the penitent stops me and responds immediately, ‘Look, Father, the Pope said that I can receive Communion without living in continence.’ I can’t take this kind of situation any longer. [NB] The Church can ask many of things of me, but not that I betray my conscience. And my conscience objects to a supposed papal teaching to admit to Communion under certain circumstances, those who live as husband and wife without being married.’ This is what the priest wrote to me. The situation of many pastors of souls, and I intend mainly parish priests, is this: they are carrying a load on their shoulders that’s too heavy to carry. This is what I am thinking of when I talk about a great confusion. And while I am talking about parish priests, many faithful are even more confused. We are talking about questions that are not secondary. We’re not talking about whether eating fish violates the law of abstinence or not. We are talking about the most serious questions for the life of the Church and about the eternal salvation of the faithful. Never forget, this is the supreme law of the Church, the eternal salvation of the faithful. Not any other concerns. Jesus founded His Church so that the faithful would have eternal life and have it in abundance.”

…]

[For the sake of length, I’m skipping a rather thick section in the middle.]

…]

“I retain that this is the most important point of all. This is where we meet and clash with the load bearing column of modernity. Let’s begin by clarifying the language. Conscience doesn’t decide, because it is an act of reason; the decision is an act of freedom, of will. The conscience is a guide by which the subject of the proposition that it expresses is the choice that I am about the make or that I have already made, and the predicate is the moral qualification of the choice. It is, therefore, a judgment not a decision. Naturally, every reasoned judgment is an exercise performed in the light of criteria, otherwise it is not a judgment, but rather something else. A criterion is that which on the basis of which I affirm that which I affirm and I deny that which I deny. At this point we have an especially illuminating passage of the Tractate on moral conscience by Bl. *Antonio Rosmini: ‘There is a light that is in man and there is a light which is man. The light that is in man is the law of Truth and grace. The light that is man is right conscience, since man becomes light when he participates in the light of the Truth mediated by the conscience confirmed by that light.’ Now, in view of this conception of moral conscience we contrast the concept that erects as an un-appealable tribunal of the goodness or the evil of one’s own actions: one’s own subjectivity. Here, for me, is the decisive clash between the vision of life that belongs to the Church (because it belongs to divine Revelation) and modernity’s conception of one’s own conscience.

The one who saw this in the most lucid way was Bl. John Henry Newman. In his famous Letter to the Duke of Norfolk, he said, ‘Conscience is the aboriginal Vicar of Christ, a prophet in its informations, a monarch in its peremptoriness, a priest in its blessings and anathemas, and, even though the eternal priesthood throughout the Church could cease to be, in it the sacerdotal principle would remain and would have a sway. Words such as these are idle empty verbiage to the great world of philosophy now. All through my day there has been a resolute warfare, I had almost said conspiracy against the rights of conscience, as I have described it.” Later he adds that, “in the name of conscience one destroys true conscience.” That’s why among the Five Dubia the fifth Dubium is the most important. There is a passage in Amoris laetitia, at n. 303, which is not clear; it seems – I repeat – seems – to admit the possibility that there is a true judgment of conscience (not invincibly erroneous; this has always been acknowledged by the Church) in contradiction to that which the Church teaches as pertaining to the deposit of divine Revelation. Seems. And, therefore, we gave the Dubium to the Pope.

“Newman says that ‘did the Pope speak against Conscience in the true sense of the word, he would commit a suicidal act. He would be cutting the ground from under his feet.’ These are matters of tremendous gravity. It would elevate private judgment to the highest criterion of moral truth. Never say to a person: ‘Always follow your conscience’, without adding immediately and always: ‘Love and seek the Truth concerning the Good.’. You would put into his hands the weapon most destructive of his humanity.

Full entry…
 
Actually the formal correction will cause a lot of shockwaves. Let’s hope it doesn’t go there. Because after a formal correction, the next accusation is heresy and deposition of the Pope (if a pope falls into formal heresy then he relinquishes the papacy and can be deposed).

Except when his teaching promotes scandal and heresy. The Pope mustn’t be blindly followed. He is very fallible and can err. Many popes have. The pope is subject to tradition and the faith we have received. Before we follow him we must make sure his teaching does not break with the apostolic faith.
Why would the dub of four churchman and even a possible correction have the traction to move forward with a charge of heresy when the vast majority of the Cardinals and Bishops support the Pope?

Four cardinals/bishops don’t get to unilaterally push a process along without the support of their confrere. They can’t decide what is heresy amongst themselves and push that process forward without support- and they don’t seem to have much support- at least at this point.
 
If a couple is living in an irregular marital situation, wherein their current partner is not their valid spouse, and living in continence is deemed impossible, would not the better course simply be to refrain from communion?
If I had been in an irregular marriage, refraining from communion would have been my decision–right up to the moment I read the letter of the Arg. bishops. Seriously. I can find no other way to interpret that letter. And now there are also the guidelines of the Maltese bishops. But I believe there would, as a matter of conscience, have remained doubt–at least for me–in view of the differing guidelines. This is a problem. What is a person who is in this situation and wishes to receive the Eucharist to believe?
 
So how can one have an informed and enlightened conscience, and yet, be at peace with God regarding an adulterous union? This is the problem where extrapolation to other morally grave matters clearly shows the problem with this approach. Can one have an informed and enlightened conscience, and yet, be at peace with God regarding, say, an extra-marital affair? What about being at peace with God in viewing porn? That is, if being at peace with God is the criterion.
Not all irregulars may be in adulterous unions…some may be only in putatively adulterous as later convalidation affirm. Such can often be reasonably recognised in advance, especially when the Tribunal gears grind to a halt due to mere technical difficulties…as previous Popes have lamented.
 
Why would the dub of four churchman and even a possible correction have the traction to move forward with a charge of heresy when the vast majority of the Cardinals and Bishops support the Pope?

Four cardinals/bishops don’t get to unilaterally push a process along without the support of their confrere. They can’t decide what is heresy amongst themselves and push that process forward without support- and they don’t seem to have much support- at least at this point.
Who out of the four Cardinals has said it is heresy?

Cardinal Burke in this interview:
CWR: Some critics say you are implicitly accusing the Pope of heresy.
Cardinal Burke: No, that’s not what we have implied at all. We have simply asked him, as the Supreme Pastor of the Church, to clarify these five points that are confused; these five, very serious and fundamental points. We’re not accusing him of heresy, but just asking him to answer these questions for us as the Supreme Pastor of the Church.
catholicworldreport.com/Item/5292/cardinal_burke_no_i_am_not_saying_that_pope_francis_is_in_heresy.aspx

Four Cardinals have given their names to the dubia but in this interview Cardinal Burke acknowledged that there are other Cardinals who support what the four Cardinals are expressing.

Also, tens of thousands of people have signed onto a petition in support of the dubia and various theologians etc. have also expressed support for the dubia.

It certainly is the case that there are four named Cardinals who have given their names to the dubia but it is not the case that these four are in isolation in support of the dubia, either among the Cardinals or the broader Catholic Church.
 
And more thing,and I know this is just a detail: Benedict and Francis had the grace to live even physically with John Paul and Benedict respectively alive. As a loving grandchild with a grandfather…
Then why, recently, is so much of Pope St John Paul II’s teaching on marriage, the family and morality now so publically criticised and labelled as “rigid legalism” by those who wish to change teaching?
 
This is depressing. Thank God for Cardinal Burke and the others that see that there is something not right going on and are standing up to try and get clarity.

I don’t see how these differing interpretations, confusion resulting from this and the seeming lack of reconcilability between these differing interpretations can continue to go and on and on. This is draining and it is dividing the Church.
Despite what I might say in an attempt to explain what I understand of AL, I fully agree. The concern, given the way I see AL, is that any “clarification” cannot make this situation go away. I suppose on some level this is what I’ve been trying to explain in this and related threads.
 
Because the principle until now is that sex outside of marriage is an objective moral evil.
Can you reference where you sourced that phrase?
I believe it is theologically goggeldygoop but am willing to be corrected if you can find it in a Magisterial source.

Or do you really mean “grave matter”?
Yes, sex outside of a valid marriage is a grave matter.
Culpability may be mortal, venial or nothing depending on further detail, most of which is not objectively coercive because not even confessor can get inside a person’s mind and heart by outward observation.
 
The dubia and the possible correction have no traction if the Pope doesn’t give it.

The only teaching we need to follow is that provided by the Pope- whether some churchmen like that teaching or not.
The four Cardinals cannot force the Pope to respond. However, in asking the five Dubia, they have rightly drawn attention to the grave problems with the present confusion in the Church, which it is their duty to do. A confusion in which contradictory interpretations of AL are being presented, many of which seem to contradict the teaching until now, and so is a situation in which it is entirely proper to ask the Pope to intervene for the good of souls.

The Pope need not reply to the Dubia if he so wishes. But to not respond is a response in itself, given that his God-given office is to teach the truth of the Gospel in the face of the world’s falsehoods.

The only teaching we need to follow is that provided by God- whether some churchmen like that teaching or not. The Pope teaches God’s word infallibly only when he exercises his office “ex cathedra” in a formal definition that binds all Catholics to assent to a particular belief in order for one to call themselves Catholic. This is the Doctrine of Infallibility, and doesn’t extend to airplane interviews, personal opinions or vague footnotes that can be interpreted in ten contradictory ways. That’s not criticism of this Pope or any other, it’s Catholic Doctrine.
 
Not all irregulars may be in adulterous unions…some may be only in putatively adulterous as later convalidation affirm. Such can often be reasonably recognised in advance, especially when the Tribunal gears grind to a halt due to mere technical difficulties…as previous Popes have lamented.
Agreed, some may not be in “adulterous” unions, as they may be living as brother and sister, in which case they commit no adultery.

I’m not sure I follow when you say “grind to a halt due to mere technical difficulties”. Are you perhaps referring to those cases when there is insufficient evidence to indicate that the marriage was invalid? In which case if there is insufficient objective evidence, how could anyone have any confidence that their original marriage was invalid if they have nothing to prove it?

Put it into another context; a criminal court. A man has been accused of a violent crime, but “due to mere technical difficulties” he is let off and walks free (e.g. there is no evidence). Is his “victim’s” family entitled to take the law into their own hands if they’re “subjectively convinced” that he is actually guilty?
 
“If the divorced are remarried civilly, they find themselves in a situation that objectively contravenes God’s law. Consequently, they cannot receive Eucharistic communion as long as this situation persists” (CCC 1650).



Why then the blanket proscription in these cases against receiving the Eucharist? The answer would seem clear: Since what is subjective is not known by observation, what is objectively observable–i.e., in this instance that a person is in an irregular marriage–can be known and thus can be proscribed so far as receiving the Eucharist is concerned. I would suggest AL advances the understanding of CCC 1650, i.e., of the notion that an irregular marriage, in and of itself, “objectively contravenes God’s law”.
That is a reasonable observation.

It is also interesting to note that it is not only publicly known sexual activity that may prohibit public Communion. Both the 2nd civil marriage and/or Cohabitation does as well…though the gravity appears mitigatable to some extent. That is, cohabitation by itself allows for anonymous Communion if it is reasonably demonstrated that the objective goods gained outweigh this objective evil.

Which suggests the bann re the presence of sexual activity might allow of exceptions too, though obviously rarer. I suppose the conclusion would be that if granted the Communion would also need to be anonymous.
 
Can you reference where you sourced that phrase?
I believe it is theologically goggeldygoop but am willing to be corrected if you can find it in a Magisterial source.

Or do you really mean “grave matter”?
Yes, sex outside of a valid marriage is a grave matter.
Culpability may be mortal, venial or nothing depending on further detail, most of which is not objectively coercive because not even confessor can get inside a person’s mind and heart by outward observation.
what about this, blue, from the Catechism?

. GOOD ACTS AND EVIL ACTS

1755 A morally good act requires the goodness of the object, of the end, and of the circumstances together. An evil end corrupts the action, even if the object is good in itself (such as praying and fasting “in order to be seen by men”).

The object of the choice can by itself vitiate an act in its entirety. There are some concrete acts - such as fornication - that it is always wrong to choose, because choosing them entails a disorder of the will, that is, a moral evil.

1756 **It is therefore an error to judge the morality of human acts by considering only the intention that inspires them or the circumstances (environment, social pressure, duress or emergency, etc.) which supply their context. There are acts which, in and of themselves, independently of circumstances and intentions, are always gravely illicit by reason of their object; such as blasphemy and perjury, murder and adultery. One may not do evil so that good may result from it. **
 
I assure you there are time limits in marriage cases that are before a tribunal. An example could be found in canon 1673.3 of the 1983 code of canon law, which concerns the Competent Forum to hear the marriage case:

"the tribunal of the place in which the respondent has a domicile, provided that both parties live in the territory of the same conference of bishops and the judicial vicar of the domicile of the respondent gives consent after he has heard from the respondent." (emphasis added)

When a petition for Nullity is accepted by a distant diocese, the respondent is typically so informed by certified mail. There is then an arbitrary and strict time limit in which he is to respond to his judicial victor (ten days in a case with which I am familiar). Absent a response, the judicial victor presumes the respondent agrees to having the marriage case heard in the distant diocese. There are time limits throughout the annulment process, and they are imposed to prevent delays.

This has nothing whatever to do with how I might feel an “irregular” should be treated. What I have presented concerning time limits in a marriage case is factual. There is no good reason for me to further argue the point.
Well if this is the case then I can only repeat the obvious…
AL is a welcome new pastoral directivective for addressing weaknesses in the Tribunal process that may over harshly deprive some appellants of not only compassion but justice re access to Communion if your observations are indeed correct.
 
Can you reference where you sourced that phrase?
I believe it is theologically goggeldygoop but am willing to be corrected if you can find it in a Magisterial source.

Or do you really mean “grave matter”?
Yes, sex outside of a valid marriage is a grave matter.
Culpability may be mortal, venial or nothing depending on further detail, most of which is not objectively coercive because not even confessor can get inside a person’s mind and heart by outward observation.
Magisterial?

Veritatis Splendor by Pope St John Paul II, paragraph 75:
The teleological ethical theories (proportionalism, consequentialism), while acknowledging that moral values are indicated by reason and by Revelation, maintain that it is never possible to formulate an absolute prohibition of particular kinds of behaviour which would be in conflict, in every circumstance and in every culture, with those values. The acting subject would indeed be responsible for attaining the values pursued, but in two ways: the values or goods involved in a human act would be, from one viewpoint, of the moral order (in relation to properly moral values, such as love of God and neighbour, justice, etc.) and, from another viewpoint, of the pre-moral order, which some term non-moral, physical or ontic (in relation to the advantages and disadvantages accruing both to the agent and to all other persons possibly involved, such as, for example, health or its endangerment, physical integrity, life, death, loss of material goods, etc.). In a world where goodness is always mixed with evil, and every good effect linked to other evil effects, the morality of an act would be judged in two different ways: its moral “goodness” would be judged on the basis of the subject’s intention in reference to moral goods, and its “rightness” on the basis of a consideration of its foreseeable effects or consequences and of their proportion. Consequently, concrete kinds of behaviour could be described as “right” or “wrong”, without it being thereby possible to judge as morally “good” or “bad” the will of the person choosing them. In this way, an act which, by contradicting a universal negative norm, directly violates goods considered as “pre-moral” could be qualified as morally acceptable if the intention of the subject is focused, in accordance with a “responsible” assessment of the goods involved in the concrete action, on the moral value judged to be decisive in the situation.
The evaluation of the consequences of the action, based on the proportion between the act and its effects and between the effects themselves, would regard only the pre-moral order. The moral specificity of acts, that is their goodness or evil, would be determined exclusively by the faithfulness of the person to the highest values of charity and prudence, without this faithfulness necessarily being incompatible with choices contrary to certain particular moral precepts. Even when grave matter is concerned, these precepts should be considered as operative norms which are always relative and open to exceptions.
In this view, deliberate consent to certain kinds of behaviour declared illicit by traditional moral theology would not imply an objective moral evil.
And paragraph 81 of the same:
  1. In teaching the existence of intrinsically evil acts, the Church accepts the teaching of Sacred Scripture. The Apostle Paul emphatically states: “Do not be deceived: neither the immoral, nor idolaters, nor adulterers, nor sexual perverts, nor thieves, nor the greedy, nor drunkards, nor revilers, nor robbers will inherit the Kingdom of God” (1 Cor 6:9-10).
If acts are intrinsically evil, a good intention or particular circumstances can diminish their evil, but they cannot remove it. They remain “irremediably” evil acts; per se and in themselves they are not capable of being ordered to God and to the good of the person. “As for acts which are themselves sins (cum iam opera ipsa peccata sunt), Saint Augustine writes, like theft, fornication, blasphemy, who would dare affirm that, by doing them for good motives (causis bonis), they would no longer be sins, or, what is even more absurd, that they would be sins that are justified?”.134
**
Consequently, circumstances or intentions can never transform an act intrinsically evil by virtue of its object into an act “subjectively” good or defensible as a choice.**
 
Well if this is the case then I can only repeat the obvious…
AL is a welcome new pastoral directivective for addressing weaknesses in the Tribunal process that may over harshly deprive some appellants of not only compassion but justice re access to Communion if your observations are indeed correct.
But according to the Malta bishops, the only ‘pastoral’ direction they give to people in any kind of situation (they themselves knowing absolutely nothing of the circumstances in any, and having no (name removed by moderator)ut whatsoever, which is not what AL itself stated), is 'if you feel at peace with God in your conscience (no directives at all on even HOW to make a good examination of conscience!), you may receive.

Their interpretation is not a welcome directive for addressing weaknesses, it’s a blanket permission to be one’s own judge, jury, priest, bishop, and Pope.
 
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