Ecclesia Dei
How does one incur a latae sententiae excommunication (Canon 1364) and still be in “full” communion?
If you’re excommunicated you’re not in full communion with the Church. You are still a Catholic. This confuses people, because many folks believe that to be excommunicated is like being expelled from a club or a membership. It’s not.
Thank you…but it does make one wonder why those who support the position of the SSPX are so adamant that no matter what they do or say, or which canon law they break, that they can never incur the penalty? A dichotomy in reasoning that is peculiar to them alone over the last 40 years - and that is, in spite of three Pope’s and thousands of hours of attempts to reason with them or their followers

indeed, very strange.
I think that people get very passionate and when they do get passionate, it is difficult to maintain objectivity. For this reason in traditional religious communities we teach our men and women not to have feelings for anything, not to have opinions other than those of the Church, not to desire or wish for anything. I’m talking about truly traditional communities, not the break-away communities that call themselves traditional. If you’re traditional, you don’t break away because you disagree with the Church. In a traditional community, you have no opinions unless the superior grants you the right to have one. It’s like the military. The method works, because it allows us to look at a situation like this and say: “This is good and that’s horrible” or “You’ll get rewarded for this, but you’re in serious trouble for that.” You have no feelings for the subject at hand. You try very hard not to feel. When he was Cardinal Ratzinger, he was one of my professors. He always said that the one thing that he had learned from male religious was the ability to put distance form themselves and their opinions.
Unless the person can do this, he’s going to have a tough time admitting that there are consequences for certain actions that the object of his love and respect is culpable.
I’m afraid you are the one that is mistaken here Dee. A layman cannot be canonically irregular.
Actually, there are situations in which a layman can be canonically irregular. Irregular is not the most common term. It’s term that was coined by Pope Benedict. The common term was “out of compliance.” A layman who marries after a divorce is canonically irregular. He’s not excommunicated, since the Code of 1983 no longer excommunicates for this, but he has not canonical right to the sacraments other than Anointing of the Sick.
A priest or a brother who is laicised is a canonically irregular layman. We don’t actually become laymen. We live as laymen the rest of our lives. However, you may never participate in any apostolic work of the Church without the permission of the local bishop, that means not even teaching CCD. We’re talking here about someone who leaves with a dispensation.
I don’t know about the society as a whole, but several SSPX-fanboys of my acquaintance reject the 1983 canon law - and the automatic penalty for schism is in the new code. I don’t know if it is in the old code, as I can’t find a reliable translation into English of it online, and my latin is way too weak to be useful.
I’ve read several (2 or 3) SSPX members’ blogs where they doubt the authenticity of the new code of canon law, claiming it incorporates many violations of Tradition. Note that they don’t come out and say it’s invalid, they just carefully make public their doubts about it, in the manner of “If part B of the code is in violation, then the whole of the code from A-Z must be invalid.”
Keep in mind - they were in violation of the old code prior to their 1989 excommunication.
This is a very unrealistic position that they take. The Law Giver is Christ, but Christ gives the law to Peter. The law comes from Peter’s heart, where Christ has placed it. There is no law, no pope, no council, no authority on earth that can dictate Church law except the reigning pope. This was established by St. Boniface.
Many of these people are struggling because the Code of 1983 doesn’t say this or that which reflects what a previous pope has written or a previous council had said. Unless it was a matter of revealed dogma or revealed moral law, the reigning pope is not bound by his predecessors. Even if something was good for 1500 years, if it’s not revealed, the reigning pope is not obliged to include it in the law.
St. Boniface said that it was highly recommended that the pope consult with layers, since most popes are not lawyers. However, in the end, it is the pope who signs and promulgates the law.
Pope Benedict just added some canons to Canon Law that went into effect on December 10. Some of them are not very traditional and are very different from what Bl. John Paul would have said. But Bl John Paul is no longer pope. The only things by Bl. John Paul that bind us is that which has not been abrogated by Pope Benedict XVI, which is almost everything.
Canonical tradition works very differently from liturgical tradition. Liturgical tradition has an organic quality to it. Canonical tradition is very subjective. It is subject to the faith of the pope.
Fraternally,
Br. JR, FFV
