G
Ghosty1981
Guest
I’m referring to a hypothetical case in which the tribunal can’t be approached, or one in which the tribunal has arrived at an erroneous conclusion due to conflicting evidence or testimony. I’m not saying that this type of situation is common, but I can see how it could arise. The tribunals are not infallible, and they can only make a ruling based on the evidence presented to them (and in some places they may be corrupt). I’m thinking of the cases then Cardinal Ratzinger highlighted in this document:You initially say that pastoral guidance might lead to discovering that a first marriage may not be valid.
That process should already be practiced! Anyone thinking of divorce, or going through it, should seek their pastor’s knowledge (and everyone else they trust, along with Church Teaching).
No one can be considered by the Tribunal without a pastor’s support. How would they get that support without his working with the candidates?
Then you suggest “private reception of Sacraments”.
What is that?
Reconciliation should always be private, but Communion should not be (unless one is unable to make it to Mass).
If someone is morally certain that their first marriage was not a real marriage, and their Pastor has examined their situation with them and comes to the same conclusion, then I can see how private reception of the Sacraments would be warranted and beneficial. The guidelines would have to be very clear, and Pastors would have to be instructed in the proper application of such oikonomia. Unfortunately our current situation is anything but clear, and there are no universal guidelines.Admittedly, it cannot be excluded that mistakes occur in marriage cases. In some parts of the Church, well-functioning marriage tribunals still do not exist. Occasionally, such cases last an excessive amount of time. Once in a while they conclude with questionable decisions. Here it seems that the application of epikeia in the internal forum is not automatically excluded from the outset. This is implied in the 1994 letter of the Congregation for the Doctrine of the Faith, in which it was stated that new canonical ways of demonstrating nullity should exclude “as far as possible” every divergence from the truth verifiable in the judicial process (cf. No. 9). Some theologians are of the opinion that the faithful ought to adhere strictly even in the internal forum to juridical decisions which they believe to be false. Others maintain that exceptions are possible here in the internal forum, because the juridical forum does not deal with norms of divine law, but rather with norms of ecclesiastical law. This question, however, demands further study and clarification. Admittedly, the conditions for asserting an exception would need to be clarified very precisely, in order to avoid arbitrariness and to safeguard the public character of marriage, removing it from subjective decisions.
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