Havenāt we covered this? Whatever deficiencies we may have in interpreting canon law ourselves is no longer relevant if we have the law interpreted for us by someone for whom it is appropriate to make such a determination. If anyone wants to understand Canon 915 all he has to do is read Archbishop Burkeās paper on the subject published in the Periodica de re Canonica (a quarterly publication by, among others, professors of canon law). We may not be capable of interpreting the law but we are surely capable of understanding what has been written about it by those who do.
But ⦠the lawyers have spoken. That issue has been resolved. Whatever else may be involved vagueness of the law is no longer a valid explanation.
This makes it sound as if the the Apostolic Signatura has no real authority if it is the popeās ruling and not theirs that must be obtained. Surely that cannot be the case. I really think this is the wrong kind of argument to make; it just looks so much like a member of the laity arguing that, because the pope hadnāt defined a teaching as infallible, we were free to decide for ourselves. The Church claims to know the Truth so it is more than a little distressing when they suggest they canāt even understand their own laws.
This is what NewEngladPriest and I have been trying to say for several days. When the document came out from Cardinal Burke, several US bishops sent back questions about the application and the answer to their questions has not yet been received. These were questions generated by the document issued by Cardinal Burke.
As to the other point, the Signatura does not make law. It is a tribunal. Law is made by the Holy Father. Any bishop has the right to go directly to the Holy Father for an interpretation to a law, if he does not agree with or does not understand what the Signatura is saying.
Once you put it on paper, the issue goes on hold until you get a response.
If you read what canon lawyers are saying on the different blogs on the Internet, there is good reason to ask more questions of Cardinal Burke, because the different canon law societies do not agree on how the law is to be applied and interpreted. Weāre talking about some of the most reputable societies of canon law.
No . . . the questions that arose after the document was issued have not been answered by the Signatura. What the bishops have is differing interpretations of what Cardinal Burke wrote, from different sources.
Go back to yesterday. Someone posted a link to a canon law blog, by a very reputable lawyer who says that the law was incorrectly applied. Then you have others who say, "Well it may have been correct, but . . . "
I agree with the problem concerning perception. Thatās a whole other issue. Until the bishopās get the answers to their questions, there are going to be differing interpretations about what Cardinal Burke wrote. The more often it happens, the worse the perceptions.
Fraternally,
Br. JR, OSF
