Or perhaps just that part?
Certainly anything is possible, but I’m not aware of any document that would strike down paragraph 71 of
De Musica Sacra while leaving paragraph 73 intact.
TheMc:
I fail to see why the status is doubtful. It has not been changed by any other documents, as far as I know. Please show me if there is.
We’ve discussed De Musica Sacra a number of times before [just do a search of my name and the word “musica”], and my doubt about this document started with exactly the sort of issues that
laszlo pointed out where multiple ordinaries are routinely ignoring DMS, especially the section we are discussing in this thread.
Canon 20 states:
A later law abrogates, or derogates from, an earlier law if it states so expressly, is directly contrary to it, or completely reorders the entire matter of the earlier law.
I would suggest that the GIRM reorders liturgical laws such as this; in addition there has been Musicam Sacram and perhaps another document or two on liturgical music which have omitted the restrictions of DMS.
This is not a slam dunk, since ideally later laws are harmonized with earlier ones. The question is whether our contentious part D of section 4 of Chapter III of De Musica Sacra, which contains paragraphs 70 to 73, was purposely omitted and thus it lost the force of law (my argument). The alternative is that the Vatican intended for part D to continue to have the force of law, but felt that while other issues related to liturgical music needed to be updated, the rules on phonographs and wire recorders remained as fresh as the day they were published, and needed no further clarification.
Is there a way to tell if DMS, and specifically III-4-D retains the force of law or is in abeyance? My approach is to use this old chestnut:
Can. 27 Custom is the best interpreter of laws.
As I said a couple months ago, I would argue that the widespread and active, not passive, defiance of De Musica Sacra by the very ordinaries entrusted to interpret and apply liturgical law is evidence that the document no longer carries the force of law.