Hello,
Understanding of Latin: well, of course there are few people who obtain a degree in canon law who are also true scholars of Latin. Nevertheless, part of the canon law curriculum includes at least 2 years of Latin so that the students are able to make basic sense out of the canons in the Code. The Latin used therein is not that complicated and as long as the students are also made aware of the meaning of any technical terminology, they should be ok… Tribunal personnel who have an essential role in the outcome of a case (i.e., Judges, Defenders) are to be degreed in canon law. Secretaries and so on…they usually don’t know Latin, have no degree in canon law and don’t deal with the merits of the case.
Dan
Thanks again for the reply. I was curious about use of the Latin text as the result of an actual case. A close friend of mind was married in the Church. Both he and his wife were Catholic. After seven years of marriage, his wife left him and obtained a civil divorce. Neither party remarried–or not yet. She then petitioned for a dissolution of the marriage.
My friend and I were longtime confidants from childhood, and he told me at the time he was absolutely convinced his marriage in the Church was valid and that he did not want an annulment. He felt his divorce had been highly emotional and situational as the result of temporary circumstances and declined to participate in the marriage case, as was his right under canon law. The annulment was granted and a Decree of Nullity published.
Several years later, as my friend predicted would happen, he and his wife were reconcilled. When they visited the husband’s parish priest they were read the riot act. There were serious impediments to any future marriage in the Church for the both of them, they were told. At one point, they both got up, and with a nod of the head to each other in agreement, they left. They never returned. My friend told me it was his firm belief his first marriage was valid, and he did not care what total strangers, at that time hundreds of miles distant in his former wife’s then diocese, had judged about his marriage, not when he hadn’t even participated in its hearing. But he began looking at canon law and realized his wife’s diocese did not have jurisdiction to hear the case. He eventually appealed to the Roma Rota but never received a response.
At that time, he showed me the canon. It was very plain and simple. This distant diocese had erred under canon law and clearly did not have jurisdiction. Therefore, it should have been the Decree of Nullity that was invalid. Nevertheless, he and his wife did not remarry in the Church. But remarry they did in a civil ceremony. While they both attend Mass, they do not go forth to receive communion. He has been a devout Catholic since childhood and as an adult a traditional Catholic as well. Part of the reason he did not participate in the marriage case was he believes marriage is indissoluble and that marriage annulments are nonsense. He also believed almost any Catholic marriage could be annulled if a person knew what to tell the tribunal. (Lest this upset anyone, it is noted this is of course is only his belief.) But he is reconcilled to it, though convinced it is the Church that has erred.
In clarification, he originally thought a provision of Canon 1673 was turned around in its English translation. But he soon realized that for another reason the diocese that heard the marriage case clearly did not have jurisdiction. What is more, he could easily provide indisputable proof of it and knew the Roman Rota could dispense with time limits for an appeal when jurisdiction was the issue.
I guess my point is one ought not quickly stereotype divorced and remarried Catholics as as though they were a homogenous group. There are not. In this instance, the difficulty is that a marriage annulment had been granted to the couple. Those unfamiliar with marriage cases and annulments perhaps do not fully realize that it is a legal process under canon law.
My question about Latin involved a concern that members of marriage tribunals might not be familiar enough with the Latin text that is the applicable law. My friend was also correct in his original objection (Can. 1673). It did concern the English translation, but it likely would have been contentious as it concerned an intensive (reflexive) pronoun that could not, in Latin, ever refer back to the subject of a sentence. He showed me several commentaries by canon law specialists that agree with his translation and interpretation. It is more in line with 1917 canon law, the later modification prior to 1983 for the U.S. only not withstanding. Knowing something of Latin, I also concur with his translation.
If one does not know Latin well the sentence in question could easily be misunderstood, in both Latin and its English translation. In this instance, the consequences were enormous, permanently affecting the spiritual life of two Catholics. My friend’s second objection was very simple and straightforward but was never resolved. It is for these and similar reasons that I believe there is more than Church doctrine involved in the larger question of divorced and remarried Catholics receiving communion. And it is not as simple as some would have it.