JReducation;9295473:
Then I’ll just have to study more canon law stuff. Clearly my theory of what is necessary evidence and such is too broad.
You may have to narrow it a little to make it fit Canon Law.
But how can people be allowed to disagree with the law if the law was essentially good and pope’s laws are all essentially good?
Unless you’re a Franciscan, disagreement is not a sin. However, you still have to comply, even if you disagree. The only excuse for not complying is that the law commands you to violate the commandments or that the person doing the commanding is asking for something that he has to right to expect.
And canon law is not all infallible if you meant to imply that. For instance, our own apologetics team said it wasn’t.
forums.catholic-questions.org/showthread.php?p=253404
Canon Law is not infallible. Canon Law relies on the infallibility of dogma. For example, there is a law that says that if you lay a hand on the pope, you’re automatically excommunicated. The law is not infallible, because it’s not teaching anything. However, the law exists because there is a dogma that says that Peter is the Vicar of Christ.
Bro JR, I think I accept all you say in the last posting. The point, however, is that if the pope makes a ruling that is against Divine Law, that ruling is invalid, null and void.
Yes. Popes are bound by divine law found in natural law or in revelation. They are not bound by previous popes, councils, traditions, customs, etc.
This was, in my understanding, the position taken by the SSPX regarding certain procedures taken with regard to the pre-Vatican II practices, and the SSPX in particular. The Church has, I think, definitely moved beyond this point now, insofar as Pope Benedict has affirmed that the 1962 Missal (the ‘Tridentine’ Missal in the 1962 revision) had never been abrogated; and that the decree of excommunication of the SSPX bishops has been lifted.
The legal point here is that even if the Tridentine mass had been abrogated, there was no violation of divine law. The Tridentine form was decreed by Pope Pius V for a segment of the Catholic population. Divine law applies to everyone.
We cannot say that because there was a misconception about John XXIII’s missal of 1962 that the pope violated divine law. First, we don’t know if there was a misconception on his part. Second, the Trident form is not dogma. It’s a discipline that applies to a segment of the Church. Disciplines are created by man and can be changed by man.
People are taking the words of St. Pius V as if he were stating a dogma when he said that this was the form of the mass in perpetuity. In this particular situation, since he’s not speaking about dogma, “in perpetuity” can be interpreted as a way to emphasize the seriousness of the decree, rather than saying that he was trying to bind his successors.
St. Pius knew that he had no authority to bind his successors. He knew that he could not declare dogma for a portion of the Latin Church, not even the entire Latin Church. He knew that there were pockets of the Latin Church that never used the Roman Missal and authorized them to continue with their missal.
A dogma is always a universal truth. The Immaculate Conception is the same in the Latin Church as it is in the Greek Catholic Church and the Chaldean Catholic Chruch and all 22 Catholic Churches, whereas the form of the mass is not the same in all 22 Churches. It’s not even the same in the entire Latin Church.
Given these facts, the pope did not issue an unjust law, because it was not contrary to divine law or contrary to dogma.
One thing that I find very frightening is the sudden belief by both extremes that the pope can be subject to the law. That has never been done before. I always remember the case of St. Celestine. When he decided that he really didn’t want to be a pope or a priest. He wanted to go back to being a monk. Everyone cried that there was no such provision in the law. Pope Celestine decided to change the law to allow a pope to abdicate. Then he abdicated. The curia was so angry that they imprisoned him, but they could not force him to sit on the Chair of Peter, because he had the right to create a law that served his needs. The same applies in this case. The pope has the right to ignore a law that does not serve his needs or his wishes.
It’s frightening to think that people want to submit the pope to law. Some Catholics even want him to submit to civil law.
Fraternally,
Br. JR, FFV