JKirkLVNV:
You’ve trotted this out before, ie, the pope subject to canon laws. He isn’t since he’s the supreme legislator and suspend it, abrogate it, modify it, etc, at will. .
Just a few comments on the continual practice of selectively trying to “quote” canon law in this and other threads. Let us remove ourselves from the canon law for just a moment and examine the practice of “law” as it is now practiced.
There are laws on our books in both civil and criminal courts; yet when one goes to court there are two sides to the questions of each case. Isn’t this so that the “appication” of these laws is examined with regard to the “particulars” of each individual case?
Do not judges whho have made a study of the law, examine both spirit of intent, precedent, view of the courts in common practice often before they come to a final decision?
Would any of you attempt to purchase of set of Blackstone and go to court to defend yourselves without proper legal advice as to how those laws contained therein would be seen in regard to your case, your position?
It is wisely said that a man who represents himself in court has a “fool for counsel”.
Well the canon courts operate in much this same way; there are canons on the books, in order to practice before the courts, one has to be trained in the canons, how one canon may be
interpreted in light of another. How does the church by
precedent from the past look towards these kinds of cases? What have
other legal minds and church authorities felt about these matters? Based on what the church teaches, there is more than the cut and dried canon on the books - how to
use the canon, when to use it, mitigating circumstances, facts of individual cases, etc.
When all this is done the case is laid before a judge; who is taking into account not just the letter of the law, but the spirit of it, is how decisions are made in individual cases.
So for those who think they’ve read a law or two and are presumptive enough to without a by your leave, come to the conclusion that they know how to APPLY or INTERPRET without any questions, absolutely certain that they have amongst everyone else in the church come to the right and proper disposition of the matter, I suggest a “rethink”.
It is one thing to become aware of a canon and ask about it - to inquire as to how it is to be used or what else may affect it, or what others think or know about it – it is another to continually post as if by looking into a book and posting it in a forum, one can claim an expertise in the matter.