Bishops and Borders

Eamonn Clark

I had endeavored to write a post some time ago when all eyes were turned to Catalonia because of the separatist fervor threatening the unity of Spain, but I never got around to it. Let this supplant it.

The recent history of the Iberian peninsula is rife with political conflict… (In fact, it is only barely out of living memory that Spain was in a war with the United States.) It should be entirely unsurprising that there are still problems… And only time will tell if Catalonia earns its independence, with violence, with voting, or with a mix of the two.

There is a singular voice in the Catalonian Church which sticks out like a sore thumb, aching to teach us an extremely important lesson about the way ecclesiastics ought to treat politics. It is St. Anthony Claret – priest of the Diocese of Vic, 3rd Archbishop of Santiago de Cuba, and confessor to the Queen of Spain, Isabella II.

During his entire life and ministry, St. Anthony was surrounded by fierce political controversies and enemies of the Church, including the Carlist civil wars raging around his home, an attempt on his life in Cuba, the confiscation of the Papal States, and the dethronement and exile of the Queen. Certainly, St. Anthony’s immense tact guided him during all this – such as when he would say he was from the Diocese of Vic when questioned by Carlistas and that he was from the town of Sallent when questioned by the Isabelinos – but beyond this, two things are striking about St. Anthony’s response to political clamor.

First, he was positively and intentionally aloof from political affairs which did not directly concern the Church and the salvation of souls. This is most evident during his time in the Queen’s court, an assignment which he utterly despised, calling it a “continual martyrdom.” (Anthony Claret is one of the few saints who left us an autobiography. It is excellent.) By that time in his life, his fame was widespread, and to have the Archbishop’s approval on some matter would carry immense weight, especially with the Queen. He wanted no part – it would be alienating to those who did not agree with his decision, threatening their relationship with the Church, of which, after all, he was a steward and representative. Despite an average of a hundred letters a day asking for his help in various matters, he remained disinterested, answering none. He saw involvement in politics as an abuse of his office, as something beneath his dignity; his principal duty was the care of souls, not care of the country. When affairs did directly concern the Church or salvation of souls, such as the unification of Italy, or the anti-clerical sentiment in Spain and Cuba, he was ready and willing to act appropriately. During the Risorgimento, for instance, the Queen faced immense pressure to give her approval of the dissolution of the Papal States, but her confessor was there to warn her of the grave spiritual danger which such a move would bring… He was also there to lift the canonical penalty she incurred after having finally given her assent to Italian unification, as she sat in exile in France, disgraced and contrite.

Second, he was engaged in entirely non-partisan works as a civic leader. Given the incomprehensible amount of preaching and sacramental work which Claret performed – in his 6 years in Cuba alone, he wrote many books and pamphlets on spirituality and doctrine, validated over 9,000 marriages, confirmed some 300,000 people, and conducted 4 missions in every parish in his large and rugged diocese, always traveling by foot – one would think he would have time for little else. On the contrary, he was up to his neck in public works, such as supporting orphans, educational institutions, scientific research, agriculture, and healthcare. All of this was neutral work that no reasonable person could object to. Those who smeared him for it did so because of an animus against the Church or his own person, not because the work was partisan.

All this brings us to comments made by some bishops on illegal immigration which are only the most recent manifestation of a disturbing trend.

Unlike other so-called political issues, such as euthanasia or abortion, the Church has no teaching on the treatment of illegal immigrants as such. All we have are some basic ideas about human dignity and the authority of the state. Who could object to a preacher who says, “We should treat every human being with charity because all are made in the image and likeness of God”? It is easy, however, to imagine an objection to a preacher who says, “It is uncharitable to defend our nation from illegal immigrants,” and yet this is the kind of thing which is sometimes said, including presently. Not unlike the rhetoric which surrounds the current debate on gun-control, those of a liberal mindset accuse those of a conservative mindset of immorality prima facie – to oppose stricter gun laws is simply to care too little about people’s lives, especially children’s lives. In this case, to oppose sanctuary cities and spotty border patrol is simply to care too little about the oppressed who are fleeing from the south.

Of course, this trick could be reversed easily enough (and sometimes it is done to good effect), but making accusations of immorality due to differing prudential judgments does not make for a healthy political forum. Let me suggest that it makes for an even unhealthier ecclesiastical forum. Perhaps – or even, dare I say, probably – both sides really do care about the common good of the nation and have compassion for the suffering, but they simply have different ideas about how to reach the goal of political flourishing and the role of jurisprudential factors in border control and deportation.

Since I am not a cleric, I will go so far as to say that the past shows us that our current tolerance of illegal immigration has been extremely expensive and dangerous, the principle of subsidiarity seems to be violated by accepting a long-term responsibility for people of other countries who do not legitimately become part of our own, and that writing laws based on empathy for those who suffer is, in general, a bad idea, because it blinds one to the broader impact of that legislation.

And what good does it do for a bishop to risk scandalizing the faithful who might hold a different prudential assessment of the situation than himself by insisting that a certain position on DACA is immoral? Usually little to none; it is either ignored, is used by those who already agree as a moral sledgehammer, or simply annoys people who disagree, as they rightly sense that this is not a matter for the Church to be involved with directly. It certainly seems good for a bishop or any cleric to have a well-informed opinion on immigration policy, but it seems extremely unwise to reveal it. Perhaps the time of an ecclesiastic could be better spent by prayer, devotional and doctrinal preaching, administering the sacraments, studying theology, or building up the common good by entirely neutral means. Anything more is a waste of time at best and positively harmful at worst.

“A sacerdotes,” says St. Anthony, “must never align himself with any faction.” This is the great lesson our Catalonian saint teaches us: that a cleric is to render unto Caesar what is his by simply leaving him alone.

 

Main image: the Cathedral of Vic, where St. Anthony was ordained a priest and bishop

Death, Light, and Bunnies

Eamonn Clark

We expect monsters to stay under the bed. In the closet. In the dark. When they do come into the open, it’s usually easy to spot them, but it can be particularly difficult when they masquerade as something good, benign, or even necessary. It’s the sickest when these sorts of things target kids.

Genderbread-Person-3.3

Enter Bunny Token.

Anyone who regularly watches YouTube (even kids watching cat videos!) will by now have seen the ubiquitous advertisements for “Bunny Tokens,” a cryptocurrency designed to unify the “adult” entertainment industry. The currency is, unlike BitCoin, (which you may have heard of,) limited, meaning that once they’re gone from the first shelf, you have to buy them later on at a higher price. This adds a real sense of urgency to the market. (Apparently, they’ve reached their soft cap for initial investments.) It’s not the first cryptocurrency for the industry, but it looks like it’s going to be extremely dominant based on the strength of their advertising campaign.

The monster has come out of its hiding place into the digital version of primetime, apparently with a plan to crawl back home into the darkness with its prey. (Cryptocurrencies allow for a much higher rate of anonymity of the buyer and seller than do currencies regulated by the government. It is actually an ingenious business move. Wise in the ways of the world indeed.) While this cute little bunny-monster is in the light of day, it provides us with a good opportunity to call pornography what it is – childish, unnatural, shameful, and deadly.

  1. Childish – The qualifier “adult” is usually applied to pornography and the things that go with it. It is, in fact, difficult to imagine a more childish activity than watching people abuse themselves and each other, let alone paying for it. Why an 18-year-old instantly becomes eligible for this kind of thing makes no sense whatsoever, and deep down we all know this. (And you can safely bet that the industry subtly pushes towards younger kids with a voluptuous wink and an approving nod.) We expect little kids to have no sense of self-control. We expect adults to be above what most people still consider perverted or at least think should stay hidden in the dark, even if they won’t admit that view in polite company. We teach our children not to be selfish. We teach them to respect others’ bodies and privacy (although this one is being threatened with trans-bathrooms and trans-lockerrooms). We teach them that some pleasures are immoderate, even if there’s no evident and immediate harm done. Pornography unteaches all of this, and study after study shows the long-term damage that an addiction can do to social and psychological flourishing. And now, hundreds of millions of kids who just wanted to watch a harmless cat video are being tempted to buy some Bunny Tokens. Wonderful.
  2. Unnatural – We are talking about the proper functioning of the reproductive part of the “vegetal soul,” which also has nutrition and augmentation (growth) as essential parts. The twisting of the sexual faculty to order it towards one’s own immediate gratification “free of consequences” is an unnatural vice (which would include the free and willful choices of self-abuse, contraception, sodomy, etc. – anything which pre-excludes the possibility of human generation based on the lack of the complementary organ in the faculty’s system, or based on the willed introduction or willed perdurance of some deficiency which destroys the faculty’s proper functioning, like a hysterectomy which is presumed upon for its contraceptive power in each sexual act)… It is not merely an excess or deficiency, as most vices are, it is something different. If we switch the faculty in question from the sexual to the nutritive (or digestive), we can see this relationship quite clearly. An excess of eating is bad because it causes obesity and sometimes even the death of the body through contracting diabetes or high cholesterol. A deficiency of eating is bad because it causes malnutrition and can also, obviously, be deadly. An unnatural digestive vice, if practiced with the full consent of the will, would look something like this. (NB: of course, true eating disorders usually involve a constraint of the will which inhibits moral freedom and therefore reduces culpability proportionately.) We know that “food porn” is not to be treated like actual porn – that should tell us something, shouldn’t it… The unnaturalness of this kind of thing could possibly be bad for the body, but it won’t kill a person who’s careful enough. Why, then, does the clip above work as a means of demonstrating the vice of the characters? (Yes, go watch it!) The aspect of exploitation of other people adds to the seriousness of the offense, just like physical violence adds to the gravity of fornication or adultery. With pornography, let us remember, the person acting or posing on the screen, despite definitely being a son or daughter to real parents and being created in the image and likeness of God, might by some chance be one’s own friend or relative. Imagine the horror of such a discovery, when an anonymous and faceless actor or actress turns out to be your sibling, or parent, or child. It’s also possible that those people aren’t even alive anymore, and the pleasure being derived is from a person whose body is now ash or rotting in the ground. Let that one sink in.
  3. Shameful – A proper sense of shame is one which causes repulsion from immoderate acts of the lower powers of the soul. The acts of which one should be ashamed are the ones that are most properly called “shameful.” While there is less guilt in sins against the Sixth Commandment than in other sins (like theft or lying, which don’t “tug” as hard on our wills as the fires of the lower passions for bodily pleasure do), there is certainly more shame. And the more removed the act becomes from its proper mode, the more shameful it becomes. I recall learning in seminary about how to deal with people – usually lonely, elderly men – who come to confess the sin of bestiality. (No, not the kind with another human – though that is wrong too.) They will usually mutter something about their dog… and, well… struggle to mention it. The lesson was that the best thing to do, other than perhaps gently mentioning the possibility of finding the dog a new home, is to ignore it. The penitent likely knows full well how shameful that act is and doesn’t need to be reminded. He’s just that lonely. Well, a quick glance at St. Thomas’ list of the order of gravity in the parts of lust – probably one of the most studied Articles in one of the most studied Questions in the Summa – reveals that the sin of self-abuse is only a few steps away from being too friendly with an animal, and resides above other sins in its essential gravity which even Western society considers wicked. (Of course, there can be mitigating factors in this sin, as the Catechism explains. Personally, I think they are often over-applied, but surely, someone who is going out of their way to invest in a cryptocurrency to purchase pornography long-term does not deserve as delicate of a treatment as an 8-year-old who is just discovering that touching down there feels good.)
  4. Deadly – Pornography is a scourge that can and does pull souls down into the darkness of sin, killing the life of grace within the soul, ruining social functioning, brain chemistry, and actual relationships in the meantime, not to mention exploiting often very vulnerable people who become the objects of one’s lust. If you are a parent, and you have been shying away from this topic, RIGHT NOW is a good moment… Bunny Token ads have been all over YouTube, and they have provided you, ironically, with a great occasion to bring this subject up, into the light, with your kids, in order to root out vice. (And no, you don’t have to be already watching questionable content for these ads to find you. The industry is looking to grow its audience.) What are you waiting for? Wake up and smell the concupiscence!

The further the monster comes into the light – especially if it is dragged there – the less it will seem like an innocent bunny, and the more it will seem like what it really is.

The Most Relevant Thinker You Have Never Heard Of

Eamonn Clark

I have argued elsewhere that postmodern millennial culture is shaped by two dominant strains of thought – the positivist strain, and the existentialist strain. These opposing worldviews have merged to form an intellectual chimera that prompts a kind of neo-Albigensian approach to anthropology and ethics… But I have not investigated postmodern millennial politics.

Enter Herbert Marcuse.

Postmodern millennial (PMM) culture has taken the so-called “Frankfurt School” and run away with it as their own. The Frankfurt School’s “Critical Theory” gave rise to what is known today as “cultural Marxism.” Haven’t heard of it? Wake up, it’s on your doorstep (language warning):

I have just recently read the essay by Herbert Marcuse which is referenced in the video. It’s typical dense German writing, but there are lines which leap out… The general idea is that the “majority” which is in charge tends to allow for a kind of false tolerance of free speech on the part of the “minority,” which is designed to keep the majority in power and is therefore necessarily repressive (thus “repressive tolerance”). Therefore, the minority needs to push back against the ones in charge (of government, culture, schools – whoever is “repressive”) and silence them in order to make things fair.

“The telos of tolerance is truth,” writes Marcuse (Repressive Tolerance). To borrow and elaborate on Alasdair MacIntyre’s critique of this aphorism, tolerance is ordered toward rational discourse… In other words, there is an intermediate step, because – guess what – a person in a minority group might actually have an opinion or desire which is wrong or bad, even about how he/she/ze should be treated!

Marcuse’s book Eros and Civilization (1955) undergirded what little intellectual justification there was for the 1960’s sexual revolution, with the basic message being, “Don’t work, have sex.” The integration of Marx and Freud (both pseudoscientists, of course!) which Marcuse attempted in this book then played itself out in wonderful rejections of capitalism such as were found at Haight-Ashbury and Greenwich Village back in hippie heyday. Can you imagine if that were all of human society?

As far as I can tell, this was the kind of “libertarian socialism” which Marcuse envisioned as utopian, although until that utopia was universal he perhaps wanted it to be less about pot smoking and more about activism, including violent activism. Think angry hippies who are protesting more than a war in Asia… Think angry hippies who are protesting not being given free stuff all the time and not being treated as demi-gods for being part of a minority. That is what he wanted, from what I gather.

He’s got it now.

His ideas aren’t on the fringe anymore, they are mainstream Leftist doctrine. They aren’t just fueling sporadic uprisings like ’68 in Paris, they are causing the countless campus riots over conservative guest speakers. (Here are just a few recent examples.) They aren’t for the dustbin or relegated to historical studies in philosophy, they are living and breathing in PMM activism. They are running the mainstream media. They dominate liberal arts departments at universities. They are the Western Left.

I am still researching this man and his ideas. I am still learning about the effect they are having in Western culture (especially American colleges). I have no clue what the answer is other than to know who we are and what we believe as Christians, to pray for mercy, and to be happy about sharing the Faith with those who want to listen. Most of these folks do not want to listen – that would be too threatening. They would rather stay comfortable in their identity politics than allow themselves to be challenged, which might cause discomfort. Exposing them to threatening or offensive ideas, some of them argue, actually counts as a kind of physical violence against them. Let that sink in.

This is where “political correctness” grows out of all proportion (if there ever was a healthy proportion for such a thing, which is doubtful, at least as public policy or law), as this is where microaggressions, safe spaces, and trigger warnings come from: they are about protecting people from violence. That is how you shut down the other side’s legitimate act of free speech. And the Church is high on the list of entities to silence and compel to fall in line with Leftist identity politics. Think “hate speech” and anything normal that goes on inside an even remotely conservative church, and then you will see the scary, scary picture.

Herbert Marcuse. That’s the name… Even though very few PMM’s have ever even heard the name, that’s where it’s coming from. This is what the Church in the West is up against. Read him. Study him. Denounce his ideas where you find them.

This topic deserves more attention, especially in terms of evaluating Marcuse in terms of Catholic teaching (namely anthropology and social teaching), but this will have to suffice for now. Derrida is also someone to investigate as connected with this phenomenon.

In the meantime… God help us.

Incest – The Surprising Thomistic Objections

Eamonn Clark

*WARNING: Put on your Charity Goggles*

A disappointing article appeared recently in the Chicago Sun-Times entitled, “Archbishop not backing gay marriage – yet.” (See Phil Lawler’s commentary here.)

While one might argue there are several problems in the article, I want to focus on His Eminence’s explanation of consanguinity in marriage. I think he is off-base and risks coming across as a consequentialist.

The Angelic Doctor lists four reasons why consanguine marriage is illicit – and guess what? The risk of birth defects is not one of them. To me, it seems unlikely that Thomas was altogether ignorant of the likelihood of sickly kids coming from kissing cousins, but suppose he was… He is still against it, and with today’s rapid advances in genetic manipulation, the “problem” of incestuous birth defects could eventually be overcome. We should see the causal link between incest and sickness as a sign that something is wrong with the act, not as a random feature of an otherwise virtuous behavior. Thomas gives us a more principled account of why consanguinity (and affinity) is such a big deal.

With that, the four reasons are:

  1. Shame (in its proper sense) before one’s parents – and those closely united with them by blood and law – is good on account of the special respect owed to them on account of one’s special relationship with them.
  2. Families often live together, and this would provide an untold number of occasions to lust if there were not a clear, strong, and constant prohibition against incest.
  3. Inter-family marriage increases the social good of individual human beings, and in so doing it also builds up the community.
  4. We already have a natural inclination to love family members, and if this had the possibility of intercourse added to it then there would be an occasion for too great a sexual desire for that person.

So, for St. Thomas, it is about filial piety, intemperance in itself, and the good of the commonwealth, not scoliosis or clubfoot.

Again, it is not that birth defects are irrelevant to the discussion, but it is a symptom of the problem rather than the problem itself – and it is a symptom which theoretically could be eliminated. If we are to win the battle of the minds against secular culture, then we need to do better. Going back to Thomas is almost always a good idea, and I suggest that this is one of those moments. Incest is one of the last sins against chastity that Western society actually considers immoral… Let’s be sure not to lose that ground.

St. John the Baptist – pray for us.

Capital Punishment and the Development of Doctrine

Eamonn Clark

Update: Dr. Feser presents a very similar argument here.

Currently, I am reading Dr. Ed Feser‘s recent book, By Man Shall His Blood Be Shed: A Catholic Defense of Capital Punishment (co-authored by Joseph Bessette). It was with great interest then that I read the Holy Father’s remarks on October 11 regarding the death penalty in a conference celebrating the 25th anniversary of the publication of the Catechism of the Catholic Church.

I do not wish to summarize the entire history of this topic within Catholic and Western thought, as any curious reader would profit much more by simply picking up Dr. Feser’s book, but instead, I want to address (briefly) the possibility of a “development of doctrine” which would say that capital punishment is intrinsically evil.

But first, let’s look at what the Holy Father actually said.

“[The death penalty] is in itself contrary to the Gospel.”

“However serious the crime committed may have been, the death penalty is inadmissible because it undermines the inviolability and dignity of the person.”

“We are not in the presence of some contradiction with the teaching of the past, because the defense of the dignity of human life from the first moment of conception until natural death has always been found in the teaching of the Church.”

“The harmonious development of doctrine, however, requires that we [now] leave out arguments which now appear decisively contrary to the new understanding of Christian truth.”

“Unfortunately, this extreme and inhumane remedy was also used in the Pontifical State, neglecting the primacy of mercy over justice. We assume responsibility for the past, and we recognize that those means were guided by a mentality more legalistic than Christian.”

This is a startling series of quotations, for several reasons.

First, the Holy Father, probably without realizing it, is accusing many of his real predecessors of using an “extreme and inhumane remedy,” thus “neglecting the primacy of mercy over justice,” which implies they “were guided by a mentality more legalistic than Christian.” This would, of course, include some popes who have been raised to the altars, even men such as the great St. Pius V. It is unlikely that the Holy Father really meant to condemn several saintly popes as impenitent murderers (or as hopelessly bad moralists suffering from invincible ignorance of their material sins), but that is the implication nonetheless.

Second, the Holy Father’s comments display a startling lack of awareness of the rehabilitative power of capital punishment. In fact, this is one of the traditional arguments put forth in favor of the death penalty: to know that one is about to die in a short while is a great help in coming to repentance. What else could focus a man’s mind more on the good of his soul? If imminent and certain death does not bring about repentance, we can be pretty sure that nothing will. Furthermore, while such criminals are locked up, how many more people might they kill, heaping even more sin onto their souls? For an example of the power the certainty of death has for occasioning conversion, one might look to the ministry of St. Joseph Cafasso, who turned several dozen men from hardened criminals petrified of death into virtuous souls equally resigned to live or die, sometimes hours before they were to be hanged… (St. Catherine of Siena and St. Vincent Palotti are other examples.) It was, in fact, the certain imminence of their deaths that softened them for the work of their chaplain-saint. Surely, they would have done much good in the world had they been set free, but then again, if such were done then there would no longer be a real threat of certain death in these cases (rendering the rehabilitation less likely), nor is this how justice works… It is unsuitable as a jurisprudential norm to allow men to walk free without facing their sentence simply because they appear to have become reformed (unless reform is conditionally a part of their sentence). Instead, converted inmates will make great citizens of the Kingdom which is not of this world – lest we forget, doing well in this life is not the ultimate point, as earthly life is not the greatest good. Human life is not entirely destroyed by bodily death. This must not be an afterthought in the discussion of capital punishment, as it is precisely the supernatural call to Beatitude which gives human life so much dignity even beyond our merely natural goodness as creatures.

Third, and most importantly, the Church has taught perennially, building upon the teaching of the Old Testament (in God’s own legislation) and the New Testament, and upon the timeless understanding of natural law that there is no injustice in a legitimate government administering capital punishment under certain circumstances, namely, the crime must really be proportionate with the penalty of death, and there is moral certitude (following due process) that this individual really committed such a crime. (We might also add other factors, such as avoiding doing more harm than good, or having suitable means of execution, but this will suffice for an exploration for now.) However, apparently, we now have “a new understanding of Christian truth” which can allow a development of doctrine that completely relegates capital punishment to the realm of intrinsic evils.

I suggest that this is absolutely impossible.

First of all, such a change would be abrupt. This is not how authentic developments occur, at least outside the context of an ecumenical council where a whole number of matters might be settled with uncharacteristic promptness. Rather, they naturally unfold over a long period of time. One might argue that the past two pontificates somewhat softened the attitude toward capital punishment, which is true, but 35 years is an unimpressive tenure for a doctrinal shift. A counterexample might be the teaching on lending at interest, which changed as slowly as its object changed (viz. the instrumental scope of currency). Another might be the Immaculate Conception, celebrated in the Church for centuries before slowly making its way into the universities for debate and finally, after several more centuries, onto the loggia of Bl. Pope Pius IX. More examples could be provided, especially in the field of bioethics. What makes an abupt change to be such a red flag is that the Church does not suddenly come up with ideas about doctrine; rather, the doctrine is there from the beginning and it is slowly unpacked by the faithful. This takes a long time.

With that, the second problem with this change would be that it finds no meaningful support in the Catholic moral tradition. As attentive readers of Prof. Feser’s book will see, the opposite is true – the Church teaches and has always taught that the death penalty is legitimate in principle because of its proportionality to certain crimes, among other reasons. This is especially true for St. Thomas, upon whose arguments much of the modern defense rests. What recent popes have done is little more than advise a restricted use of it, in keeping with their own prudential judgments about its efficacy and usefulness within a broader social context (and Cdl. Ratzinger reminded us that one may disagree with popes on this point). One might point out that the paragraphs in the Catechism which discuss the death penalty seem to insist on its use only when necessary for protecting others; while this is what the document says, (especially when it quotes Evangelium Vitae,) it does not discuss why on the level of principles of justice, only on the level of prudential judgments about “the common good” and how to be “more in conformity with the dignity of the human person” – presumably, only the person of the criminal… The dignity of the person or persons killed is not discussed, and such a counterweight must be included in such an examination of distributing proportionate punishment, as the CCC says in the paragraph immediately preceding. (See also the Roman Catechism on this point, issued by Pope St. Pius V and re-issued by Pope St. Pius X.) Also, for what it’s worth, John Paul II beatified a certain Pope Pius IX. Certainly, the former knew of the latter’s firm support and use of capital punishment…  We ought to conclude then, in keeping with the hermeneutic of continuity, that John Paul II meant only to advise such a use of capital punishment in accord with the teaching which preceded it – that capital punishment may be warranted even without the need for protecting others (which is not strictly denied by the CCC) – and thus it is only a prudential judgment about its use, rather than a denial of the justice of its use in circumstances which do not necessitate its use for the protection of others, that we find in EV and the CCC. (We should also remember that catechisms, while certainly important, are not infallible documents, as Cdl. Ratzinger himself pointed out after the CCC’s publication!)

The third and most important item to discuss is the obvious one: such a change would actually constitute a reversal of past teaching, despite the Holy Father’s words that this is untrue. The Church has certainly grown in its understanding of human dignity in various ways throughout the ages, but there can be no realization about human dignity that would render capital punishment illicit. This would theoretically be possible if the Church had never actually formulated a teaching in favor of capital punishment, instead merely tolerating its use without meaningful comment. But since this is not the case, there can be no such change. Some people might be confused by this… Let’s consider another example. Suppose Pope Benedict XVII in the year 2078 decides, “The Church has evolved in Her understanding of the dignity and power of Baptism to the point where we realize that there is really no need for Confession.” One might very easily map the words of Pope Francis onto the same idea of this fictional Benedict XVII – mercy, legalism, development, apology, etc. Since this is a development of the doctrine on Baptism, how could it contradict anything but past doctrines on Baptism? The reason is very simple: doctrines do not live in bubbles. They must fit together with all other authentic doctrines. If a new doctrine on Baptism implies a contradiction of the doctrine on Confession, then the new doctrine on Baptism is wrong. If a new doctrine on human dignity implies a contradiction of the doctrine on capital punishment, then the new doctrine on human dignity is wrong. We do have a doctrine on capital punishment, as Dr. Feser shows brilliantly in his book, and the attempt to raise human dignity to such a point as it becomes absolutely inviolable would indeed imply a contradiction of that doctrine and thus would be erroneous. It would also imply that God legislated immorality in the Old Testament (ex. Leviticus 20:10) and that St. Paul confirmed immorality in the New Testament (Romans 13:4).

It will be very interesting to see how all this unfolds, or if anything even happens at all.

It is perhaps more important than ever to be training dogmaticians and moralists… Let’s pray and fast, too.

Stay tuned… and be sure to subscribe!

Our Lady of Fatima, pray for us!

Main image: Portait of Pius V, pope; El Greco, c. 1600-1610 (oil on canvas)

Even More on Theological Censures

Eamonn Clark

Today’s post on censures, I am discovering in my private research, was a little bit lacking in precision and scope.

It could be labeled with several censures of its own, perhaps!

With that, I will provide a few additional distinctions and corrections (some of which have been added to the original post – email subscribers, I’m looking at you!), and some links for your perusal. My posts are certainly not exhaustive of this rather complicated subject. I encourage you to do your own research on this stuff and to get back to me and tell me my two posts are [insert Latin word here] and why.

Theological notes: a system of categorizing theological propositions according to their level of authority. Take a look at this useful chart, which also describes censures which might be fairly attached (and the sin which goes along with it, supposing sufficient knowledge and freedom in what one is doing). There ten notes, ranging from dogma to probable opinion.

Opinio tolerata: a tolerated opinion which is not probable (having significant evidence in favor of its truth). It could be called an eleventh theological note. Pious legends would come under this category, along with something like, “This was the veil of the Virgin Mary.”

De fide: There are three classes of de fide propositions. The first is de fide divina et ecclesiastica/Catholica (divine and ecclesiastical/Catholic faith), which is also simply and properly called “dogma.” Second is de fide ecclesiastica definita (definite ecclesiastical faith). The third is de fide divina (divine faith). The first kind of de fide proposition is that which is both revealed directly by God and has been solemnly declared as such by the Church. An example is, “Priests can confect the Eucharist.” The second category of de fide proposition, definite ecclesiastical faith, is a solemn declaration of the Church which, while infallible, is not dogmatic. In this case, God reveals through the Magisterium in a binding way without constituting a distinct item within the deposit of faith. One example is the sacramental efficacy of receiving Holy Communion under one species. Another, I suggest, would be the canonization of saints – a post is forthcoming on this interesting question. (For more on ecclesiastical faith, which is somewhat of a controverted topic, click here.) The third is what is revealed by God but not solemnly defined by the Church, often because there has been no significant controversy and therefore no need for such a definition. An example might be, “The Holy Spirit was present in a special way in the Upper Room at Pentecost.” The first two kinds of de fide propositions are matter for heresy. Contradicting immediately and directly (viz., without a mixture of any natural or derivative propositions) the first kind is heresy simply speaking, and with the second kind it is heresy against ecclesiastical faith. The third kind is matter for error in faith, as opposed to error in theology (which is simply a misapplication of certain principles – like the validity of the vernacular Novus Ordo).

De fide doctrines on morals: It seems difficult to speak about morals in a de fide way outside of the plain sense of the Ten Commandments due to their complexity and relation with natural truths. I would love to find some sources that explore this topic more in-depth.

Different lists of censures: There seems to be some differences between the old Catholic Encyclopedia’s enumeration and description of censures and Fr. Cartechini’s (the table of theological notes), even just regarding the teachings themselves (first category). Perhaps there is more than one way to skin a cat – or label a bad theological idea – which might depend on the purpose and resources of the body issuing the censures.

Maybe it is time to bring back these old distinctions and the discussions surrounding their particulars. Maybe it is time for the United States especially to have an operational Inquisition – that is, a canonical court specifically designed to investigate credible charges of heresy and error. The USCCB sort of has this in its Doctrine Committee, but maybe they could “turn up the volume.” The system we have now seems to provide too little too late.

Just some thoughts.

 

Heterodox Does Not Mean Heretical

Eamonn Clark

Update: See Dr. Ed Peters take on this issue (in a better way, taking up the issue of “refraining from proclaiming truth”) here.

In an earlier post I examined the beleaguered (and yes, still deserving of charity) Fr. James Martin, SJ’s denunciation of the rash use of the label “heretic,” together with some extremely suspicious Christology.

I actually agree with him regarding his claim that he is not a heretic (at least according to law, which involves outward signs revealing what is within the soul). This is with respect to his Christology and even with his homosexualist agenda. Nor does his shocking (but not quite totally direct) endorsement of apostasy rise to the level of “heresy,” I suggest. Of course, I also think these things are awful and deserve serious attention from the appropriate ecclesiastical authorities. Until such a time as those offices give that attention, and as long as “Martin Mania” continues, may I offer some selected thoughts on how to navigate this alarming controversy and propose the wide-spread resurgence of the use of a timeless treasure of the Church – hopefully in an “official” way?

Theological censures.

A theological censure is a kind of warning – or judgment – about a teaching or a written work. A local bishop, a special commission, a Roman congregation, or the pope himself might issue a censure. A censure says that a teaching or work is heterodox (at odds with the truth in any of a variety of ways) and/or dangerous to the moral life of those who might encounter it. Works that receive bad enough censures might be put on an index of forbidden literature, and teachings might be condemned in the form of a syllabus. Theological censures are still used today but not nearly as much as they used to be. While there is some danger with them (such as descending into incessant hair-splitting or losing a sense of theology’s purpose, such as was happening with the overuse of manuals), it seems an opportune moment to begin at least talking about popularizing this tool once more.

Suppose a Jesuit writes a book with imbalanced emphases, a bold assertion about rewording the Catechism, and generally scandalous phrases which tend to affirm sinners in their sin. What censures might be relevant?

There are three broad classes of censures which could possibly be placed on any work, or even propositions within a work. The first regards the importance of the teaching’s object itself, the second regards the mode of expression of that teaching, and the third regards the moral character of the teaching itself and its foreseen practical consequences for morals. (There is another means of categorizing censures, viz., according to the relevant “theological note”, but this is the simpler method and allows an easier way to admit the third category mentioned here.)

The first category is where we find the term “hæretica,” meaning “heretical.” It is the highest censure that can be placed on a teaching or work. A heretical teaching is one which directly and immediately contradicts a doctrine “de fide” (or dogma), a truth revealed by God which must be believed (“credenda”) with divine and Catholic faith. To say, “God is four Persons,” or “Christ had only a human nature,” or “the Eucharist is not substantially Christ,” or “the Commandments are impossible even for one in grace,” would be heretical. It is very, very difficult to earn this stamp of disapproval. The too frequent use of the word “heresy” is a bit like the casual use of bad language – it empties it of its power, and it should be discouraged. It is quite difficult to commit the sin of heresy, and it is even more difficult to commit the outward crime which can be judged by the Church publicly as such. The latter requires outward, explicit, and obstinate confession of a proposition directly contrary to a de fide truth/dogma.

Are there dogmas regarding morals? Yes. I contend it is dogmatically certain that murder is immoral, as it is expressly condemned in Scripture and denounced by the ordinary magisterium of the Church in an infallible way, that is, consistently and universally throughout the entire history of the Church. It would be heretical to support murder as such. On the other hand, it would be more difficult to say that the immorality of abortion is a dogma, as it is at least somewhat debatable that the ordinary magisterium has consistently and universally enough maintained that unborn life in all its stages is truly human and therefore inviolable. The naturally available truth of the humanity of the embryo, now completely evident, confirms that abortion does indeed constitute murder. But because we have to put these two truths together, one which is a dogma and one which is a natural truth related to it, to say abortion is immoral is not, in the strictest sense, heretical. One might put it in one of two categories: “erronea” (erroneous), supposing the humanity of the embryo is or was a sufficiently doubtfully applied natural truth, unlike an innocent adult (which, if taken away, would leave the 5th Commandment void of content altogether), or “hæresi proxima” (next to heresy or approaching heresy), if it is the case that one sees the humanity of the embryo as having been insufficiently doubtful to warrant the need for an additional truth on top of what is already implicitly contained in the Commandment. Either way, this is still a terrible label… To be in an error of faith, or to be next to heresy, should be frightening to the one putting forth the teaching, as it is still mortal sin. (Do take a look at the theological notes chart here, with more examples and explanations for all this.) Error regards things which still must be held (“tenenda”) by Catholics. The support of the legal recognition of same-sex unions as marriage would fall in one of these lower (but still binding) categories… It involves a dogma and a naturally available truth (called a “certa”), or it involves a truth immediately derived from the dogma which is “proxima fidei” (next to faith and commonly believed to be revealed, but without ever being the object of a formal enough definition). The dogma is that sacramental marriage is between a man and a woman, and the natural or derivative truth is that men are not women (and vice versa). Supporting homosexual marriage in law would be contradicting either a certa (mix of a truth from natural reason and a truth “de fide”) or to contradict the immediate derivative of the dogma itself. Heterodox? Yes. Heretical? No. (I tend to favor the label “erroneous,” but that’s too much to get into here.) And the vaguer the language becomes, the more difficult it is to levy a high censure rightly. To say something like, “There can be true love in a homosexual act,” is surely wrong in many ways, but it is vague enough to be far from deserving that worst of labels, “heresy.”

Returning to the example of abortion, the claim that so-called medical abortion or craniotomy (both of which destroy the child to save the mother) are licit procedures, given that such a condemnation is difficult to reconcile with the general affirmation of the morality of self-defense, could be called “errori proxima” (next to error): the contrary is able to be deduced from the right teaching on abortion. It would be “temeratia” (rash) to assert that the vast majority of abortions are only venial sins on the part of the mother due to the distress of the situation. In no way is this clear, as the natural truths involved are not at all available to the one who makes this claim (so one must wonder at the reasoning), and so this is also at odds with the common opinion of theologians.

Propositions which just seem like heresy or error but can’t quite be charged with the other offenses might be labeled “sapiens hæresi/errori” (smacking of heresy/error) or even “suspecta de hæresi/errori” (suspected of heresy/error).

There are other qualifying labels which might be added, according to what kind of truth is being contradicted (Scriptural, credal, moral, etc.), but this will do for our investigation of the first category.

The second regards the way a teaching is put forth. Even true teachings could be censured in this way. A proposition may be “ambigua” (ambiguous), for example, leaving itself wide open to bad interpretation. “Protestants should be welcomed into the Catholic Church,” might be an example… Surely, entrance into full communion should be done in a welcoming way, but we should not simply begin treating Protestants as part of the Catholic Church.

Statements might also be “captiosa” (captious), “male sonans” (evil-sounding), or, my favorite in this category, “piarum aurium offensiva” (offensive to pious ears). The first uses unobjectionable language to forward an objectionable agenda (“Priests might be allowed to marry one day.”) The second is when inappropriate words are used to express truths (use your imagination). The third simply shocks the sensibilities of Catholics, though it may well be true. (See my post on Jesus and the Aliens, which arguably comes under this category. I claim there that our sacramental economy could not incorporate extraterrestrial life because aliens are not descended from Adam. The short and “offensive” version is, “Jesus can’t save aliens.”)

The third category describes what a teaching does that is morally wrong or encourages that is morally wrong. They are rather self-explanatory. The category includes but is not limited to “subsannativa religionis” (derisive of religion), “decolorativa canodris ecclesiæ” (defacing the beauty of the Church), “subversia hierarchiæ” (subversive of the hierarchy), “arrogans” (arrogant), “scandelosa,” “perniciosa,” “periculosa in moribus” (scandalous, pernicious, dangerous to morals), which might include “blasphema” (leading to blasphemy), “magica” (leading to sorcery), “idolatra” (leading to idolatry), etc., etc.

Hopefully this will serve as a decent primer on this important and seemingly neglected area of Church governance and teaching.

What censures might some of Fr. James Martin, SJ’s countless articles, tweets, books, and speeches rightly be labeled with? Many, for sure, but that would be for the lawful authorities of the Church to determine and pronounce. Though I do not think that anything I have seen warrants that highest and worst label hæretica.

But that is surely nothing to brag about.

Comments are closed. See follow up here.

 

Main image: Detail of an icon of Nicaea I

Priests and the Free Exchange of Ideas: A Closer Look at the Garvey Statement

Eamonn Clark

President Garvey of the Catholic University of America has made some excellent administrative decisions during his tenure, most famously regarding the implementation of single-sex dorms. The university itself is a wonderful place doing wonderful things, and I have had the privilege of visiting many times for various reasons.

It was with some surprise and disappointment then, that I read the most recent press release from CUA.

From the outset, and with the due charity everyone owes toward beleaguered Jesuit Fr. James Martin (which I hope readers will also sincerely extend to this deeply troubled man), I wish to say that I agree wholeheartedly with the decision of CUA’s diocesan seminary, Theological College, and its rector to cancel the invitation to this priest who has undoubtedly become the most famous American cleric without a miter. The “rap-sheet” of Fr. Martin is, at this point, enormous to the point of tragic hilarity. From the unrelenting LGBT advocacy, to his quasi-heretical Christology, to suggesting that apostasy could be demanded by Christ, there is perhaps no active cleric in the United States more inappropriate to host at a seminary speaking engagement.

Notice that last bit: a seminary speaking engagement.

President Garvey released a statement yesterday distancing both himself and CUA from TC’s decision to withdraw the invitation. In part, it reads:

The campaigns by various groups to paint Fr. Martin’s talk as controversial reflect the same pressure being applied by the left for universities to withdraw speaker invitations. Universities and their related entities should be places for the free, civil exchange of ideas. Our culture is increasingly hostile to this idea. It is problematic that individuals and groups within our Church demonstrate this same inability to make distinctions and to exercise charity.

Before analyzing, let’s also recall an interview with Crux where President Garvey explained this attitude toward selecting university speakers:

That’s a long wind-up, to the following answer: When we invite someone to be a commencement speaker, the university is saying something. That’s why the American Catholic bishops say that Catholic universities shouldn’t give honors, platforms, and awards to people whose view is at odds with the views of the Catholic Church.

What they are saying literally is that universities like us shouldn’t endorse people like that. We should not say “Yay, Barack Obama, you support enshrining the ‘right’ to kill the unborn.” We shouldn’t give him honorary degrees or hold him up to our students as our example.

On the other hand, I would be perfectly happy to invite President Obama to Catholic University, even to talk about abortion if he wanted to. What better place than to have a conversation with the President about an issue that is important to Catholics and others? We’re just not going to give him a prize for taking a position that we condemn.

While there might be many things to say about President Garvey’s press release and this interview excerpt (as well as the rest of it), I will limit myself to two observations:

1. Invitations to speak at major university functions are honors or awards – the sort a person might put on his or her resumé – and people are right to zero in on major moral failures of people being thus honored or awarded, especially at Catholic universities which are held to a higher standard.

2. A seminary is not a university.

The first point is hopefully not too contentious. We can certainly draw a distinction between a commencement address and a presentation or panel that exists for the sake of education within the context of a university setting. To cite Ex Corde Ecclesiae against holding a forum that hosts someone antagonistic to the Faith would be questionable, provided there were certain checks and balances in place to ensure an appropriate context for discussion and exploration of ideas which are at odds with the Church’s teaching.

The second point is, unfortunately, a distinction which President Garvey did not seem to care to explore, despite himself lamenting a dearth of distinction-making. While TC does operate under CUA and therefore is technically part of the university (as a “related entity”), the seminary itself exists for a much narrower purpose than the university at large, and thus it is governed by certain people and certain principles which ensure the successful fulfillment of that unique purpose: the formation of Catholic priests.

It beggars belief that Fr. Martin would be in a position to help forward any Catholic seminary’s distinct mission. In fact, had the invitation not been rescinded, it would have spoken volumes on how TC sees its purpose: remember, a major speaking engagement is a kind of award, and people are right to question awarding people with major public flaws. What would it say about the seminary’s curriculum? Its formators? Its sending bishops? Etc.

Mr. Garvey’s criticism would have been more on-point had Fr. Martin’s invitation to speak had come from the university’s sociology department, for example, if they were hosting a panel on gender studies. However, given that clerics represent the Church in a unique way, this too, I suggest, would have been inappropriate. Even if a priest with an opposing view (which accurately represents the Church’s teaching) were invited, such a panel would give vulnerable young minds the impression that the Church does not know what to say about these topics and that one priest’s opinion is just as good as any other’s. On the other hand, to take Mr. Garvey’s example, everyone knows that Obama is pro-choice. A pro-choice speech from him, in the right arena at a Catholic university, would not be particularly harmful in itself. But if Fr. So-and-So, “priest in good standing and whose ambiguous writings on abortion are approved by his superiors,” is invited to present a mildly pro-choice position, then we have a major problem.

Just as a seminary is not a university, a priest is not a layman. He is called to a higher standard, as Canons 273, 276 §1, and 277 §2 point out. (Perhaps some of these laws might make for a fitting addition to any Catholic university’s speaker invitation policy.) A priest who misrepresents the Church’s teaching – or even inordinately under-represents it – would be much more damaging to students than an openly anti-Catholic government official.

Seminarians and priests returning as alumni do not need the same kind of “free, civil exchange of ideas” which a Catholic university in general might benefit from. What such men need is the true doctrine of the Church presented clearly. They need insights into good, solid pastoral praxis. They need accessible summaries of critical issues in those sciences connected with pastoral work. They need emphatic encouragement to keep going in the face of cultural and personal opposition, and even worse, indifference. Anything else is almost guaranteed to be a waste of their time. It is quite doubtful that Fr. Martin was prepared to offer any of these things to the good men returning to celebrate 100 years of Theological College’s existence, and thus Fr. McBrearity’s decision as rector to disinvite him was certainly correct, with or without public outcry. There was nothing to gain by going through with the invitation, and there was so much to lose. While President Garvey thinks that an important principle has been undermined on his campus, this is simply not the case. On the contrary, several have been upheld.

Comments are closed.

Main image: CUA in 1920

On the Fernández Document: PART III

Eamonn Clark

PART I, PART II

THE LEGITIMACY OF A CHANGE IN DISCIPLINE

Is this change possible and acceptable? Can Francis accept what was taught by St. John Paul II and yet open a door that was closed? Yes, because an evolution in the Church’s understanding of her own doctrine and its disciplinary consequences is possible. Let us look at some historical examples.

Rather, because the pope is the supreme legislator of the Church, he can write and interpret ecclesiastical law authoritatively, so long as it does not contradict Divine law – or, presumably, other existing ecclesiastical law. To date, Pope Francis does not seem to have done either with respect to c. 915 or c. 916 as it relates to the divorced and remarried beyond stating what has always been taught, albeit in a way that is open to other interpretations – yet continuity and custom are also relevant for understanding law (c. 20, c. 21, c. 27, etc.), and so long as it is not clear that the law or its authoritative interpretation has changed, there should be no change in the application of that law except to bring practice more in line with the law itself.

In 1832, Pope Gregory XVI, in Mirari vos, had said that it is an “absurd and erroneous doctrine, or rather delirium, that freedom of conscience is to be claimed and defended for all men” (MV 15). In the Syllabus of Pius IX (1864) religious freedom is condemned as one of the principal “errors.” But in the following century, the Second Vatican Council substantially modified these very firm ideas (cf. DH 2-3). A similar evolution occurred on the issue of the possibility of salvation outside of the Catholic Church. We recall also the case of slavery: Pope Nicholas V allowed the king of Portugal to take slaves. Then, in 1455 the Bull Romanus Pontifex reaffirmed this. And this is not a secondary issue, since it has to do with the inalienable dignity of the human person. (With respect to this subject of the evolution in the understanding of the doctrine, the examples can be taken into account which are given in: Thomas Rausch, “Doctrine at the service of the pastoral mission of the Church,” La Civiltà Cattolica, v. 3981, May 14, 2016; pp. 223-236.) As of those changes in the understanding of doctrine, there were, as a consequence, various changes in discipline.

This is not the place to launch into an extensive investigation of slavery or soteriology, but the Archbishop’s confidence in these examples as analogies is unwarranted. Chattel slavery, the intrinsically evil institution within the very broad term “slavery”, has never been taught as moral by the Church (nor is it taught as moral in Scripture), so there has been no development of doctrine here. The development on “extra ecclesiam nulla salus” was with respect to the scope of the Church itself, not with respect to its necessity for salvation.

However, some hold that these comparisons are not convincing, and insist that any evolution should be carried out in the same line as what was said previously by the Church. It would be a kind of magisterial “fixism.” But, precisely in the examples mentioned above, it can be seen that the evolution did not take place “in the same line” as before, at least not on the question in itself. Between allowing slavery and not allowing it in any case, there is an immense evolution. There is only Continuity in the general doctrine about human dignity, but not in the precise point in question, where the Church really evolved in its understanding. In the same way, between affirming that only a Catholic can be saved and holding that there is a possibility of salvation outside the Church, there is no continuity with regard to the question in itself. It is obvious that the Church grows into a better reception of the proposal of the Gospel, in a more complete vision and in new ways of applying what has been taught. But some have an enormous difficulty in admitting that something similar can occur in questions related to sexuality.

The Archbishop insists on his examples as good ones, though he is apparently aware that some disagree. It is in no way clear how his exposition of these matters would not constitute an about face in doctrine, an act which would undermine the Church’s very authority to teach without error. For example, if the Church really taught that there is no salvation outside the Church, then taught that there is, we are left with two possibilities: either the Church does not possess the guarantee of truth in definitively teaching on matters of faith and morals, or there are multiple truths which may contradict each other. Neither of these conclusions is admissible.

RECENT CHANGES OF DISCIPLINE REGARDING NEW UNIONS

The fact is that even in the praxis related to the disciplinary treatment given to the divorced in a new union, there have already been major changes over the last century. Let us recall that, with the same arguments with which it is not accepted that they may not receive communion, a long time ago “the prohibition against funerals and any public funeral service” was also applied to them (Francisco Elizari, Pastoral de los divorciados [Pastoral Care of the Divorced], Oxford: Oxford University Press, pp. 31-32.). This changed without all the beliefs that supported that praxis falling away.

The Archbishop apparently does not realize that this penalty may still be applied, if it seems prudent to do so. See Dr. Ed Peter’s post on this matter for more: HERE

Based on reasons that remain standing, the previous Code of Canon Law (1917) sustained a discipline which the current Code (1983) does not maintain: “If, spurning the admonition of the Ordinary, they stay in the illicit relationship, they are to be excommunicated according to the gravity of the deed or struck with personal interdict” (Canon 2336). This indicates the possibility of changes in the disciplinary practice that do not necessarily make the great beliefs that supported the previous praxis fall away, but the possible practical consequences of the general norm are considered in another way.

This is also incorrect, if the Archbishop means to say that under the Pio-Benedictine Code those who divorced and remarried incurred the penalty of excommunication simply by the act itself. See the same article linked to in the previous paragraph for more details.

Amoris Laetitia gives rise to a new change, which does not imply a contradiction with the previous teaching, but a harmonious evolution and a creative continuity. The prestigious philosopher and specialist in the thought of St. John Paul II – Rocco Buttiglione – has explained it very well:

“John Paul II, however, does not want at all to nullify the role of the subjective conscience. The objective aspect of the act determines the goodness and the seriousness of the act. The subjective aspect of the action determines the level of responsibility of the agent … Pope Francis sets himself on the ground, not of the justification of the act, but of the subjective attenuating circumstances that diminish the agent’s responsibility. This is precisely the balance of Catholic ethics and distinguishes the realistic ethics of St. John Paul II from the objectivistic ethics of some of Pope Francis’s opponents. … Familiaris Consortio, moreover, when it formulates the rule, does not tell us that it does not tolerate exceptions for a proportionate reason. The rule that no one who is not in grace God ought to receive Eucharist by its very nature does not tolerate exceptions. Whoever receives the Body and the Blood of Christ unworthily eats and drinks his own condemnation. The rule according to which persons in God’s grace are excluded from communion as the canonical penalty for the counter-witness which they have given, however, may be subject to exceptions, and this is exactly what Amoris Laetitia tells us.” (Rocco Buttiglione, L’Approccio Antropologico di San Giovanni Paolo II e quello Pastorale di Papa Francesco [The Anthropological Approach of St. John Paul II and Pastoral Care of Pope Francis])

By now the same point has been made a number of times, namely, that a person committing adulterous acts may not be gravely culpable for those acts which are themselves grave matter. However, this does not respond to the difficulty with public reception (c. 915), nor to the difficulty of a habitual intention to continue such behavior, an intention which is separate from the acts themselves, which is far less easily mitigated in culpability. 

It would be fitting to clarify Buttiglione’s expression “for the counter-witness they have given” by saying: “because their situation does not objectively correspond with the good that the general norm proposes.”

Indeed, a counter-witness really is given, as general norms do more than propose: they oblige.

RECOGNITION OF LIMITS AND GOOD THAT IS POSSIBLE

Once again, we may say that this does not imply watering down an objective value. What Francis suggests is the situation of a person who, in dialogue with the pastor, does not present the intimate acts of a more uxorio cohabitation as subjectively moral, that is to say, as the object of a personal choice that legitimates them. It only presents them as difficult to avoid in their concrete circumstances, even if they are sincerely willing to grow in this point. Circumstances can diminish culpability, but not transform an act, immoral by virtue of its object, into an act that one may justifies as a choice. In fact, the same Amoris Laetitia, rejects the attitude of someone who “flaunts an objective sin as if it were part of the Christian ideal” (AL 297). Therefore, it is clear that Francis does not admit that that act is justifiable as a “personal choice”.

The Archbishop does speak correctly here, but whether he keeps this line throughout the whole document is questionable.

Amoris Laetitia refers to people aware of the severity of their situation, but with “great difficulty of going back without feeling in conscience that one would fall into new sins” (AL 298). That culpability is diminished, because the capacity for a decision is strongly conditioned, does not mean presenting one’s situation as a personal plan consistent with the Gospel. That is why discernment is not closed, but “is dynamic; it must remain ever open to new stages of growth and to new decisions which can enable the ideal to be more fully realized” (AL 303). This, according to an authentic understanding of the “law of gradualness” (AL 295), invites us to respond better to God each time by trusting in the help of His grace.

Finally, there is an indication that a couple in an irregular union is called to grow toward the norm. This is good.

If the act remains objectively immoral and does not lose its objective gravity, then it is not possible that it can be “chosen” with conviction, as if it were part of the Christian ideal. Still less could it be held that, by this “choice of life”, it becomes subjectively moral. It is another very different thing is to propose, as Francis does, that in a context of attenuated culpability one seeks to respond to the will of God with a greater commitment, possible in the context of that situation. For example, with a greater generosity towards the children, or with the decision to assume as a couple a more intense commitment for the common good, or with a maturation in familial dialogue, or with the development of mutual gestures of more frequent and intense charity, etc. These attempts can be objects of a “personal choice”, and they are examples of that “possible good” that can be realized within the limits of the situation itself (cf. EG 44-45, AL 308). They are expressions of the “via caritatis“, to which “those who have difficulties in living God’s law to the full” (AL 306) can always turn. Staying on this path, conscience is also called to recognize “what for now is the most generous response which can be given to God … the commitment which God himself is asking amid the concrete complexity of one’s limits” (AL 303).

In this paragraph the Archbishop returns to an apparent contradiction of Trent on the possibility of following the Commandments (and/or the connected doctrine on sufficient grace). And surely, the Archbishop is not suggesting that the adulterous acts themselves could constitute “expressions of the ‘via caritatis’” or are “what for now is the most generous response which can be given to God … the commitment which God himself is asking amid the concrete complexity of one’s limits,” although this could easily be taken away from this passage of the article or from the quoted paragraph of Amoris Laetitia.

It is not that everything is the same, or that now “nothing matters”. The need to avoid concealing the seriousness of the situation explains why the Pope sets some firm limits on the proposed discernment. For example, it excludes the case of “a new union arising from a recent divorce” or “the case of someone who has consistently failed in his obligations to the family” (AL 298). At the same time, he asks that people be guided so that they may sincerely recognize their own truth, especially in relation to “how they acted towards their children” or with the abandoned spouse (cf. AL 300). There are limits that discernment should not exceed, particularly when the recognition of the other is at stake, or when there is still little clarity about the situation itself. The Gospel is not reduced, let alone its demands of charity, but it is incarnated in the concrete possibilities of human complexity.

Let it be noted that the conditions laid down for the “proposed discernment” (of one’s culpability for current adulterous acts, presumably) do not constitute anything other than vague suggestions of how to discuss these difficult situations.

CONSCIENCE

In the discussions about Amoris Laetitia, some hold that the Pope claims to grant to people’s conscience a power to create the truth and the norms at its whim. With this argument, these opponents of Francis try to force others to assume a determinate logic, from which there is no way out. The Gospel is thus subjected to a kind of theological and moral mathematics. Once that mental structure is adopted, there is no choice but to accept all the logic and consequences of that manner of using reason. It is a death-trap.

One must wonder what this “determinate logic” actually consists of. The Archbishop does not say, though surely he would grant that the rigorous application of immemorial laws as they have been authentically interpreted would be a good thing for the Church and Her faithful, no?

It is not the logic that Francis proposes for the shepherds of this time (cf. AL 296. 312). In addition, he rejects the pretension of “those who long for a monolithic body of doctrine guarded by all and leaving no room for nuance” (EG 40). He recognizes the value of reason to reflect on the Gospel, and appreciates the dialogue between faith and reason. But this does not imply canonizing “a” reason, a determinate manner of reasoning, a philosophy to which the Gospel and the whole Church must submit. The Gospel is not enclosed in a philosophy because “Christian morality is not a form of stoicism, or self-denial, or merely a practical philosophy or a catalogue of sins and faults” (EG 39).

Again, because the Archbishop does not detail the line of reason he critiques, one is left to speculate. However, his assertion that the Gospel and the whole Church need not submit to any philosophy is at least open to some criticism, given the condemnation of many kinds of philosophical worldviews which do not allow for the Gospel as the Church understands it. There are philosophies which allow for the Gospel, and there are philosophies which do not. The Archbishop fails to describe how the “determinate logic” does not allow for the Gospel in the way Modernism, Relativism, or Nihilism do not allow for the Gospel. What seems especially important to affirm in this discussion is that we can in fact know the truth of what is right and wrong, and we are in fact free in proportion with our capacity for reason. If the Gospel does not “submit” to this, then it must at least co-exist with it.

If a determinate manner of using reason is absolutized, only those who possess this mental structure will be able to interpret doctrine and revelation, and they would place themselves even above the pope. The supernatural vision of the Church and the Petrine ministry would thus be lost. Someone has said that this is an “intellectual Pelagianism”, because a determinate reason occupies the place of the Gospel and of the action of the Spirit in his Church. The Scriptures would serve only to illustrate the logic proper to “that” reason, administered by an oligarchic group of ethicists.

Surely, the Church is not called to stone the adulteress – but She is indeed called to tell her to sin no more. (John 8: 1-11)

Anyway, let us remember what Francis says about the importance of conscience; for example, in the following texts:

We also find it hard to make room for the consciences of the faithful, who very often respond as best they can to the Gospel amid their limitations, and are capable of carrying out their own discernment in complex situations. We have been called to form consciences, not to replace them (AL 37).

…Individual conscience needs to be better incorporated into the Church’s praxis in certain situations which do not objectively embody our understanding of marriage (AL 303).

This is all true, but announcing the truth to which a conscience must conform is certainly distinct from replacing that conscience.

However, Francis does not indicate that the conscience of each member of the faithful should be left completely free to its own judgement. What he asks for is a process of discernment accompanied by a pastor. It is a “personal and pastoral” discernment (AL 300), which also takes very seriously “the teaching of the Church and the guidelines of the Bishop” (ibid.) and supposes a “properly formed” conscience (AL 302). It is not a conscience that pretends to create the truth as it pleases, or to adapt it to its desires. On the part of the pastor, it “never implies dimming the light of the fuller ideal, or proposing less than what Jesus offers to the human being”, nor “an undue reticence in proposing that ideal” (AL 307). Some priests may be questioned who tend to fall into irresponsible or hasty discretion, causing confusion. The Pope does not ignore these risks that must be avoided (cf. AL 300). Each local Church will find the right balance through the experience, dialogue and guidance of the Bishop.

The “irresponsible or hasty discretion” which the Archbishop condemns, as the Church has always understood it, is a suggestion given to a person in an adulterous relationship living “more uxorio” to go to Holy Communion publicly. Suppose the divorced person shows up in the parish and finds his or her spouse according to ecclesiastical law going to Holy Communion publicly while civilly married to another person with whom there is reasonably presumed a “more uxorio” relationship. If this person approaches the pastor, what recourse does he have to Divine or ecclesiastical law? None. What terrible injustice, scandal, and pain has been caused in such a situation, with no spiritual advancement for anyone. The current law helps prevent such a tragedy (although people certainly can and do take their own initiative to receive illegally and hope for the best). Tribunals exist to discern whether a person can live “more uxorio” with a person other than the presumed spouse and then go to Holy Communion publicly – NOT individual priests or bishops or bishops’ conferences, especially through a judgment on the internal forum (see c. 130). The timeless wisdom of the Church on this matter should not be quickly set aside. “Do not move an ancient boundary stone…” (Proverbs 22:28, 23:10) To delegate these judgments in a way differently from how it is now (through the courts) would be a disaster. The best way to judge these cases is with a real system of courts who are not “interested” or “biased,” who are well educated, who have appropriate perspective of the whole situation, and who can effectively promulgate their decisions. A confessor cannot gather and weigh evidence in this manner, not all bishops are well-trained in canon law (and thus one might question the prudence of the “Briefer Process” outlined in Mitis Iudex Dominus Iesus), and pastors have the temptation to succor favor with their parishioners. Most dangerous of all would be the delegation of these decisions to the interested individuals themselves.

Francis’s proposal is very demanding. It would be easier or more convenient to apply norms in a rigid and universal way, to pretend that everything is “black and white” (AL 305), or to start with some general beliefs and draw fixed conclusions without taking into account the complexity of reality and the concrete life of persons. But this comfortable rigidity can be a betrayal of the heart of the Gospel: “At times we find it hard to make room for God’s unconditional love in our pastoral activity. We put so many conditions on mercy that we empty it of its concrete meaning and real significance. That is the worst way of watering down the Gospel.” (AL 311).

On the contrary, the traditional teaching and practice of the Church seem much more demanding both of doctors of souls and of those in irregular unions. This is why Our Lord’s words on divorce and remarriage startled the Apostles so much that they exclaimed, “In that case, it is better not to marry!” Our Lord did not disagree. (Matthew 19: 10-11) It is seriously doubtful that the places where this proposal is adopted as legitimate and is put into practice that chastity will actually be preached in any meaningful way. Rather, human nature will simply take over in the absence of a strict ecclesiastical law. We have to wake up and smell the concupiscence.

A SECONDARY QUESTION

Although the question of the possible access to the communion for some divorcees in a new union has caused much commotion, the Pope intended – unsuccessfully – that this move be made in a discreet manner. Therefore, after developing the presuppositions of this decision in the body of the document, the application to communion for the divorced in new union was made explicit in the footnotes.

Herein lies the proof that there has been no authentic interpretation of law, let alone a change in legislation. There can be no discreet authentic interpretation or legislation – these must be open and clear, like the reforms Pope Francis made for tribunal proceedings in Mitis Iudex.

This caution is explained by the fact that what Francis considers “central” are the chapters of Amoris Laetitia “devoted to love” (AL 6), where he proposes for us a beautiful task in order to stimulate “the growth, strengthening and deepening of conjugal and family love” (AL 89). He asks us to carry on “before anything else a pastoral care of the marriage bond, assisting couples not only to deepen their love but also to overcome problems and difficulties” (AL 211), a pastoral care that encourages communion, generous dedication, the bonds of tenderness and mutual belonging.

All well and good. Recall, however, that the Church understands “conjugal love” to exist only between validly married persons, not between non-spouses.

For, ultimately “marital love is not defended primarily by presenting indissolubility as a duty, or by repeating doctrine, but by helping it to grow ever stronger under the impulse of grace” (AL 134). It would be very good for us to work more intensely in this line, in the face of a world darkened by the comfortable and superficial individualism that weakens and destroys these bonds.

Who could disagree with these closing lines? And yet the article’s ubiquitous pessimism about both human nature and the help of the grace of the Sacrament of Holy Matrimony seems quite contradictory to the spirit of what the Archbishop ends with. If we want “to work more intensely in this line,” we must indeed present “indissolubility as a duty” and repeat doctrine to call people to account, as our culture and so many in the Church are falling into confusion on this critical part of human society.

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Some closing thoughts… In all of these theoretical back-and-forths, it can be easy to forget that behind it all there are indeed real people in truly difficult situations. We must indeed accompany them diligently and carefully, a theme this pontificate has routinely emphasized. But we must remember too that mercy is the removal of an affliction, and this may involve causing some pain. When serious sin becomes easy, comfortable, banal, and even feels like a duty, the sinner sits in such profound darkness that the light of Christ will necessarily hurt. This does not mean it ought to be hidden under a bushel basket, which is the idea one sometimes gets from the modern usage of the word “pastoral.”

We must carry the lost sheep gently, but where are we really carrying them: back to the fold, or to the jaws of the wolf? Let every person charged with the cure of souls recall those foreboding words which God said to Ezekiel: “If I say to the wicked, ‘You shall surely die,’ and you do not warn them or speak out to dissuade the wicked from their evil conduct in order to save their lives, then they shall die for their sin, but I will hold you responsible for their blood.” (Ezekiel 3:18) 

On the Fernández Document: PART II

Eamonn Clark

PART I

WHEN ONE CANNOT

Francis considers that even knowing the norm, a person “may be in a concrete situation which does not allow him or her to act differently and decide otherwise without further sin. As the Synod Fathers put it, ‘factors may exist which limit the ability to make a decision’” (AL 301). He speaks of subjects who “are not in a position to understand, value or fully practice the objective requirements of the law” (AL 295). In another paragraph he reaffirms: “Under certain circumstances people find it very difficult to act differently.” (AL 302).

Here, the Archbishop begins to violate his earlier commitment to looking beyond the possibility that one could be ignorant of the “norm” itself. This is its own mistake, as it tends toward emptying the meaning of Christian conscience. But what is more important, and indeed, in my opinion, the most important point to consider in the article, is the apparent suggestion of an impossibility of following the 6th Commandment. Trent condemned such opinions in the strongest terms: “If anyone says that the commandments of God are, even for one that is justified and constituted in grace, impossible to keep; let him be anathema.” (Canon XVIII, Session 6) Of course, a person who is not justified by grace (and therefore might not be able to follow the Commandments) is in mortal sin, and that sin is due to his or her own fault (along with the sins which result), as he or she resists God’s free gift of sanctifying grace. (The Buenos Aires guidelines also could be read as contradicting this anathema when they speak about continence not being “feasible.”) Nobody argues that such choices are easy to make and live out, but to say that they are impossible or that failing to make them is without guilt due to mere temptation is to contradict the clear teaching of the Church. Let us recall the sobering words of the Lord: “If anyone comes to me and does not hate father and mother, wife and children, brothers and sisters – yes, even their own life – such a person cannot be my disciple.” (Luke 14:26) If one must be ready to make these persons and one’s own life second to the Lord – goods which have frequently been used in the Amoris debate as foils for the choice to live “more uxorio” with a non-spouse – what of the sexual goods themselves which are being provided by an illegitimate lover? What of the distant possibility that that person might withdraw some financial and/or emotional support? Sometimes doing the right thing requires enormously difficult sacrifices, and it may also occasion sin in others – the witness of the martyrs demonstrates this.

He also recalls that John Paul II recognized that in certain cases “for serious reasons, such as for example the children’s upbringing, a man and a woman cannot satisfy the obligation to separate” (FC 84; AL 298). Let us note that St. John Paul II recognized that “they cannot“. Benedict XVI was even more forceful in saying that in some cases “objective circumstances are present which make the cohabitation irreversible, in fact.” (SC 29b).

A couple definitely may find themselves unable to separate physically or even according to civil law. Persisting in such a state does not of itself constitute sin. (While it is fitting for civil status to correspond to ecclesiastical and sacramental status, it is not absolutely necessary. In fact, one must change his or her civil status through divorce before changing his or her ecclesiastical status through annulment.) What should be evident, however, is that remaining together physically and civilly is distinct from living “more uxorio.”

This becomes particularly complex, for example, when the man is not a practicing Catholic. The woman is not in a position to oblige someone to live in perfect continence who does not share all her Catholic convictions. In that case, it is not easy for an honest and devout woman to make the decision to abandon the man she loves, who protected her from a violent husband and who freed her from falling into prostitution or suicide. The “serious reasons” mentioned by Pope John Paul II, or the “objective circumstances” indicated by Benedict XVI are amplified. But most important of all is the fact that, by abandoning this man, she would leave the small children of the new union without a father and without a family environment. There is no doubt that, in this case, the decision-making power with respect to sexual continence, at least for now, has serious forms of conditioning that diminish guilt and imputability. Therefore, they demand great care when making judgments only from a general norm. Francis thinks especially of “the situation of families in dire poverty, punished in so many ways, where the limits of life are lived in an excruciating way” (AL 49). In the face of these families, it is necessary to avoid “imposing straightaway a set of rules that only lead people to feel judged and abandoned” (ibid.).

The Archbishop’s points about the difficulty of such situations is granted. What requires much caution, however, is examining how mitigating factors work in the act of forming a habitual intention to continue “more uxorio.” If it is not a matter of a persistent acute fear or a mental illness, what must be shown is that some particular external temptation has become an internal force which has rendered the will unable to carry out its proper function – in other words, a true addiction. Sexual addiction is, I suggest, possible but extremely rare, given the fact that the vast majority of such couples may go a long time without intimacy for some other reason, such as a health condition or even simply the mundane distractions of daily life, quite unlike a real addiction. (We should also note that it is especially egregious for any person willfully to use as license to commit a sin those factors which would mitigate that sin’s culpability. This surely only adds guilt, even hardening a person’s heart in the vice.) 

BEYOND SITUATIONALISM

The Pope, faithful to the real and limited possibilities which the Synod opened – and even against the proposals of progressive moralists – has preferred to maintain the distinction between objective sin and subjective guilt. Therefore, although it can be held with all clarity and forcefulness that sexual relations for the divorced in a new union constitute an objective situation of habitual grave sin, this does not imply that there necessarily exists grave sin in a subjective sense, that is to say, grave guilt that takes away the life of the sanctifying grace:

There has long been a distinction between “formal sin” and “material sin,” which seems to be what the Pope means by “subjective guilt” and “objective sin.” If there are factors which sufficiently mitigate or remove the guilt for what would otherwise be mortal sin, there remains “grave matter” but there is not mortal sin. This is not what is at stake in c. 915, however, as that canon refers to sin in a distinctly legal sense, which is related to but different from the moral sense… For example, a gullible and innocent person who is otherwise free to receive Holy Communion in public might have to be denied if he or she were tricked into wearing a rainbow sash under the pretext of celebrating the Noahic covenant. Onlookers would take scandal at the knowledge of an objective situation (“rainbow sash-wearing”) which would be reasonably assumed to mean that this individual is a committed LGBT activist, which itself is reasonably assumed to mean obstinate and persistent grave sin. That the soul of this individual is in grace is not a consideration in this situation.

The Church possesses a solid body of reflection concerning mitigating factors and situations. Hence it is can no longer simply be said that all those in any “irregular” situation are living in a state of mortal sin and are deprived of sanctifying grace. (AL 301).

One is left wondering when and where this was ever said with any universality. There are no documents cited to support the thought that there has been a true development here. If the Archbishop’s text is taken in its plain meaning, the possibility of an irregular couple living in continence is included, rendering his claim without the kind of significance he seems to envision it having. The apparently implied meaning is that irregular couples living “more uxorio” may not be in mortal sin due to mitigating factors impinging on their culpability for such acts. This, I submit, is not a development at all, just a theoretical possibility which has always existed – and is unlikely to exist in reality with much frequency.

It is already widely accepted – even in the Catechism – that “imputability and responsibility for an action can be diminished or even nullified by ignorance, inadvertence, duress, fear, habit, inordinate attachments, and other psychological or social factors” (CCC 1735).

The paragraph cited is only directly and fully applied in the Catechism in its treatment of self-abuse (#2352), a sin which lends itself to conditioning and inadvertent commission in a way that relations with another human being do not.

For Francis, however, it is not the concrete circumstances that determine objective morality. That forms of conditioning can diminish culpability does not mean that what is objectively evil may become objectively good. Suffice it to read the following sentence: “Because of forms of conditioning and mitigating factors, it is possible that in an objective situation of sin – which may not be subjectively culpable, or fully such – a person can be living in God’s grace” (AL 305). That is to say, it remains an “objective situation of sin”, because there remains the Gospel’s clear proposal on marriage, and this concrete situation does not objectively reflect that. Francis, like the Synod, maintains the existence of objective truths and universal norms, and has never defended subjectivism or relativism. God’s plan is a marriage understood as an indissoluble union, and this point was not placed in doubt either in the Synod or in his pontificate.

There is some rhetoric in this paragraph, but we should notice that the Archbishop points out “that what is objectively evil [cannot] become objectively good.” Could this be a way to leave one with the impression that what is objectively evil could become “subjectively” good? Whatever the case, while there has perhaps not been subjectivism or relativism or “situationalism,” in some circles there has been some consequentialism insofar as the possible good outcome of some adulterous act (or some bad outcome of failing to commit some adulterous act) has been suggested as rendering that act less objectively grave in itself, but the Archbishop seems to have avoided this by implying that such a consequence rather inhibits freedom and therefore mitigates culpability. While the former is condemned, the latter is at least questionable. The mere existence of external or even internal temptation does not mitigate culpability, and it is a stretch to say that in these difficult cases a person faced with such consequences is necessarily overcome by them in a way that inhibits the natural operation of the intellect and will in a way that would eliminate grave guilt for an objectively grave sin.

THE POWER OF DISCERNMENT

On the other hand, Francis has never claimed that anyone can receive communion if he is not in the grace of God. But, as we have just seen, for someone to be deprived of sanctifying grace, it is not always enough that a serious objective fault exists. Therefore, there can be a path of discernment, open to the possibility of receiving the nourishment of the Eucharist.

So far, the Archbishop has neglected to cite the governing canons (c. 18, c. 213, c. 915, and c. 916). It is now a serious problem: c. 915 does not preclude from public access to Holy Communion those known with moral certainty by the minister to be in personal grave sin – c. 916 does precisely this, but it does so only in private administration. This distinction is absolutely essential to a coherent discussion of the entire issue.

This is only possible if a different way of thinking about the consequences of the norm is accepted. This does not admit exceptions with regard to the objective evaluation starting from an absolute moral precept, but he allows a discernment with regard to its disciplinary derivations. Although the norm is universal, however, “since the degree of responsibility is not equal in all cases, the consequences or effects of a norm need not always be the same” (AL 300). “This is also the case with regard to sacramental discipline, since discernment can recognize that in a particular situation no grave fault exists” (AL footnote 336).

This could be possible for private reception of Holy Communion, but it is not possible for public reception. But this would not constitute a new discipline at all, for it has always been the case that private reception is allowed given the minister has no reasonable certainty that the communicant is in mortal sin.

The question that arises is the following: Can this be discerned in pastoral dialogue? The Pope says yes, and that is what opens the way to a change in discipline. Francis’ great novelty is in allowing that a pastoral discernment in the realm of the “internal forum” can have practical consequences in the manner of applying the discipline. The general canonical norm is maintained (cf. AL 300), although it cannot be applied in some cases as a consequence of a path of discernment. In this discernment, the conscience of the concrete person plays a central role with regard to his real situation before God, his real possibilities, and his limits. That conscience, accompanied by a pastor and enlightened by the guidelines of the Church, is capable of an assessment that gives rise to a judgment, sufficient to discern regarding the possibility of access to communion.

Surely, determining personal culpability for past actions could be helped by a dialogue with a priest or other learned individual. Once again though, in such a setting, away from the distressing and mitigating factors which would encroach on a person’s freedom in an acute way sufficient for rendering that person less responsible than what mortal sin requires, it is not possible to choose to continue habitually in a “more uxorio” relationship with the non-spouse without mortal sin. Intending to continue choosing such acts, even if only because one foresees the impinging of one’s freedom, cannot be rendered less culpable merely on account of the difficulty of refraining from those acts or the goods which might be lost due to their omission – a person must really intend to try to avoid these acts. (Such a decision might be without grave guilt if the person has a mental illness, such as PTSD or split-personality disorder which would be carried into every situation, thus rendering the habitual presumption to continue “more uxorio” insufficiently free to constitute mortal sin.) What is even more inadmissible is the usurpation of a tribunal’s proper role or a contradiction of the judgment of a tribunal. This would undermine the judicial system of the Church, such that we would have a kind of canonical vigilantism.

Does this imply that a judgment can be given about one’s own state of grace? St. John Paul II stated that “the judgment of one’s state of grace obviously belongs only to the person involved, since it is a question of examining one’s conscience.” (“De gratiae statu, ut patet, iudicium solum ad singulos homines spectat, cum de conscientiae aestimatione agatur”: EdE 37b.) But it must be clarified that it is only a certain moral security, the only thing which someone can obtain before approaching to receive communion. It is never a certainty, however much one may be unaware of having violated a commandment. The Council of Trent defined that, looking at ourselves, we cannot be certain about our state of grace (cf. Session VI, chapter 9). We speak, then, of that minimal “moral security” that the person can obtain after a process of personal and pastoral discernment, which should not be based only on a single general norm.

To reiterate, this would only be relevant for private reception, not public reception.

Up to now, discernment about an attenuated culpability did not allow for removing consequences at the external or disciplinary level. The disciplinary consequences of the norm remained unaltered, because they were based only on an objective fault against an absolute norm. Francis proposes to go one step further. It is true that the general norm is not purely a discipline, but it is related to a theological truth, such as the union between Christ and the Church which is reflected in marriage. But sometimes “undue conclusions from particular theological considerations” (AL 2) are derived when they are translated into a rigid discipline that admits no discernment whatsoever. This is the point where Francis makes a change with respect to the previous praxis.

It must be asked: what specific change is being made? There is no change in law on this point, either in Amoris Laetitia, Mitis Iudex Dominus Iesus (where he actually did reform canon law on marriage), or any document of Pope Francis, nor is there a clear and authentic interpretation of canon law (such as would allow for a different application of c. 915, as St. John Paul II did with respect to allowing the divorced and civilly remarried publicly receiving Holy Communion if they were living in continence and were reasonably sure there could not be scandal taken), as has already been argued. I submit that until such is done, nothing can be presumed to have changed, either in legislation or its authentic interpretation.

PART III