numealinesimpet;4739323:
(2) on a very clear and obvious point: US law does not have a paragraph that says,* 'If you genuinely think that you are in an Emergency Situation - even if you are wrong - and even if you ought to have known better - you are thereby indemnified from any penalty".*
This is what the New Code of Canon Law actually states. QUOTE]
Hello,
Actually, that is not what Canon Law says. I wouldn’t quibble with it except you put your statement of “what the New Code of Canon Law actually states” into italics and quotation marks. The fact is, you will not find the phrase “emergency situation” anywhere in the Code. You will find, however, that if someone “ought to have known better” they are not exempt from penalties. If one wrongly thinks there is “reason of necessity” (as the Code says), they must do so “through no personal fault” in order to not be liable. It seems to me that if someone “ought” to have known better, they did have personal fault.
If someone basically reduces the Code of Canon Law to an absurdity (such as, it being basically impossible to incur a penalty), the problem is likely with the interpretation, not the Law.
Anyway, for a real canon lawyer’s take on this, here is a link.
canonlaw.info/2009/01/why-original-sspx-excommunications-were.html
Dan
No, it’s not quibbling. I didn’t make it sufficiently clear that I was paraphrasing, not quoting directly.
If our moderators will forgive the length, it would be best to give the entire set of canons from the Vatican website:-
vatican.va/archive/ENG1104/_INDEX.HTM
CODE OF CANON LAW
canons 1323, 1324 +1321
Can. 1321 §1. No one is punished unless the external violation of a law or precept, committed by the person, is gravely imputable by reason of malice or negligence.
§2. A penalty established by a law or precept binds the person who has deliberately violated the law or precept; however, a person who violated a law or precept by omitting necessary diligence is not punished unless the law or precept provides otherwise.
§3. When an external violation has occurred, imputability is presumed unless it is otherwise apparent.
Can. 1322 Those who habitually lack the use of reason are considered to be incapable of a delict, even if they violated a law or precept while seemingly sane.
Can. 1323 The following are not subject to a penalty when they have violated a law or precept:
1/ a person who has not yet completed the sixteenth year of age;
2/ a person who without negligence was ignorant that he or she violated a law or precept; inadvertence and error are equivalent to ignorance;
3/ a person who acted due to physical force or a chance occurrence which the person could not foresee or, if foreseen, avoid;
4/ a person who acted coerced by grave fear, even if only relatively grave, or due to necessity or grave inconvenience unless the act is intrinsically evil or tends to the harm of souls;
5/ a person who acted with due moderation against an unjust aggressor for the sake of legitimate self defense or defense of another;
6/ a person who lacked the use of reason, without prejudice to the prescripts of cann. ⇒ 1324, §1, n. 2 and ⇒ 1325;
7/ a person who without negligence thought that one of the circumstances mentioned in nn. 4 or 5 was present.
Can. 1324 §1. The perpetrator of a violation is not exempt from a penalty, but the penalty established by law or precept must be tempered or a penance employed in its place if the delict was committed:
1/ by a person who had only the imperfect use of reason;
2/ by a person who lacked the use of reason because of drunkenness or another similar culpable disturbance of mind;
3/ from grave heat of passion which did not precede and hinder all deliberation of mind and consent of will and provided that the passion itself had not been stimulated or fostered voluntarily;
4/ by a minor who has completed the age of sixteen years;
5/ by a person who was coerced by grave fear, even if only relatively grave, or due to necessity or grave inconvenience if the delict is intrinsically evil or tends to the harm of souls;
6/ by a person who acted without due moderation against an unjust aggressor for the sake of legitimate self defense or defense of another;
7/ against someone who gravely and unjustly provokes the person;
8/ by a person who thought in culpable error that one of the circumstances mentioned in ⇒ can. 1323, nn. 4 or 5 was present;
9/ by a person who without negligence did not know that a penalty was attached to a law or precept;
10/ by a person who acted without full imputability provided that the imputability was grave.
§2. A judge can act in the same manner if another circumstance is present which diminishes the gravity of a delict.
§3. In the circumstances mentioned in §1, the accused is not bound by a latae sententiae penalty.
You will see that the law has been made to depend,
constitutionally, on a subjective state of mind. This is not the normal procedure in jurisprudence for the simple reason that it makes enforcement virtually impossible. This is not my personal interpretation; there may be individual canonists who disagree, but there are many who make this precise point. It is a matter of record that the Vatican has never, to this hour, attempted to answer this appeal to Canon Law. What they have done instead is, either to ignore it completely and repeat again and again the charge of disobedience, or to attempt to deny the State of Necessity - of emergency in the Church. That is why there has been no ‘progress’: the more they fling this at the SSPX, the more they convince the SSPX followers that they are out of touch with the reality.