Law – Christian Renaissance Movement

The “Ius Gentium Dei” – Towards contextualizing some current crises in ecclesiology and law

March 18, 2024March 18, 2024 Christian Renaissance Movement

Below is the text of a paper I delivered today at this year’s “Student Theology Conference” at the Angelicum in Rome. It is just the start of the articulation… More work (especially research in older legal commentaries/authors) needs to be done.

I neglected to mention as an example in this talk that the Pope “qua” Bishop of Rome is something which would also arguably fit in my “novel” category of law.

-Eamonn Clark, STL

On September 21 of 687, Pope Conon died after a reign of several weeks – not enough time for rivalries to cool and dissipate. Conon had been a compromise candidate between the Roman clerical faction and the Roman military faction. Paschal, a former contender and now Archpriest at the Lateran Basilica, vied for the throne of St. Peter once again. His supporters, however, were less numerous than those of the Archdeacon, Theodore. After sending a bribe to the Exarch of Ravenna John II Platyn, the Emperor’s main legate in Italy, to have his papacy affirmed by Constantinople, Paschal attempted to take up residence in the Lateran with his supporters – as did Theodore with his. What followed was a nearly three month long armed conflict between the two parties inside the Lateran complex. By mid-December, the Romans had had enough, as had the Exarch. When John II Platyn was arriving in Rome, Paschal sent another bribe, which the Exarch happily took, but then he confirmed a separate candidate who had been acclaimed by politicians, soldiers, clergy, and normal civilians who were gathered on the Palatine Hill. Pope St. Sergius I was elected. Theodore relaxed his grip, and Paschal was eventually thrown into monastic prison on suspicion of witchcraft.

So goes one of several wild stories of the early medieval papacy. Of particular further note is the accession of the infamous Pope Vigilius to the Throne – who not only flirted with Monophysitism and was effectively excommunicated by the Second Council of Constantinople, but also seemingly colluded with the Emperor’s General, Belisarius, to force his predecessor Pope St. Sylverius into exile and took up the papal office while his predecessor was still alive. At least when Sylverius died, all of the Roman clergy began to treat Vigilius as pope…

Such irregularities could no doubt be multiplied – similar skirmishes surrounding the pontificates of Benedict IX immediately come to mind. This raises an important question – where does accession to the papacy fit into the broader world of law? Is it merely a matter of ecclesiastical law? This seems impossible, as there are certain qualities which one must possess to be pope, such as being baptized. Or is it a matter purely of Divine positive law? This too seems untenable, as we clearly have a manmade process today which has produced valid popes for centuries, namely, the conclave process. How do we deal with the fact that the papacy has often been treated much like the Roman imperial throne – where “might makes right” – that is, if you get enough power that is somehow related to the office – like by dominating the Lateran Palace with your army, or by forcing your predecessor into exile – you can somehow enter the office by that very fact? To drive it home, had Paschal the Archpriest successfully crowded out Theodore the Archdeacon, and the Exarch had not arrived, we would almost certainly have had Paschal as Bishop of Rome. This is, in fact, how Benedict IX regained office at least once, with respect to Clement II, seizing the Lateran in November of 1047, and perhaps also previously when expelling Sylvester III in April of 1045. Pope Damasus II ended Benedict’s third papacy when he invaded Rome with his army from Germany and forced Benedict into pious retirement in Grottaferrata.

In this paper I will present a hypothesis that there sits in between Divine positive law and ecclesiastical law a third kind of law which is analogous to the category of law which fills the gap between the natural law and civil law, namely, the “ius gentium,” the law of nations. This kind of law, which I will refer to as the “ius Gentium Dei,” the “law of the People of God,” is relevant not only for solving difficult problems related to papal succession – which topic is not simply historically interesting but increases in pastoral importance in direct proportion to the growing crisis of sedevacantism – but also to topics like rights over the use of liturgies, unjust episcopal depositions, and lay governance… perhaps even doubts about the role or importance of subjective intentionality in the dispensation of the sacraments. All of these are topics on the minds of many. I will argue that collapsing these issues into Divine positive law or ecclesiastical law is a mistake, which is part of why the discussions related to these topics have proven somewhat fruitless. The task, then, is to contextualize these controversies and others like them.

The natural law is man’s participation in the Eternal Law. From the natural law, man devises artifices which provide the structure of distributive justice in civic life – ordinances of reason for the common good promulgated by one with the authoritative care for the community. This is the civil law, which can positively create moral duties, insofar as it squares with the nature of law and has within itself a legitimate presumption of morally preceptive force.

Divine positive law is, one might say, the Church’s participation in Eternal Law, which is preceptive data known through faith. Revealed precepts are given either directly or indirectly – baptize with water, confess your sins, love your enemy, pray the Our Father, and so on – and the practical life of the Church is built around these preceptive pillars. Ecclesiastical law, which essentially tracks the definition of civil law, with the qualification that faith informs the ordinance of reason, must be in accordance with Divine positive law (while also, of course, not violating natural law).

Ecclesiastical law moderates all manner of property and offices which are “possessed,” as does Divine positive law. As already mentioned, the papacy is a good example of these two kinds of law working together. This is unlike natural law, which only indicates a social order based on some kind of common life and the pursuit of truth. Civil law moderates myriad aspects of property ownership, yet we can perceive rather intuitively that it must respect the logic of the ius gentium or else become unjust. One does not acquire possession of a house merely by writing his name on the wall, for example, regardless of whether this is legislated.

Ecclesiastical laws regarding the possession of some spiritual good or authority obviously must accord with Divine positive law, but it seems they must also be in accord with something which “interprets” Divine positive law by extending it to the whole Church as a society, yet without being properly contained therein.

What I am calling the “ius Gentium Dei,” the “law of the People of God,” is the wise application of reason working through faith of the Divine positive law towards the ordering of the whole Church as a perfect society as such. It is, as the ius gentium, as conclusions drawn from premises, rather than particular determinations of higher law (cf. ST I-II q. 95).

Perfect societies, for example, have a visible head, at least habitually. The papacy is important enough that, even were there to be some crisis, such as with Sergius I or Sylverius and Vigilius or other similar cases, the fact will always remain that the Church needs a pope – the need for a successor of St. Peter is indicated by Divine positive law and by lived experience – one need only think of the extended periods during which deadlocked papal elections dragged on for months or even years, such as in the late 1200’s. Yet given that ecclesiastical law, which typically moderates this office, cannot provide for all cases, just as civil law cannot provide for all cases, sometimes appeal must be made to a higher law. Further, given that God, despite being a perfect Legislator, for whatever reason did not actually provide procedural law of any kind for the accession to the papacy, as is evidenced by the vast diversity with which real accession has occurred, no appeal can be made to Divine positive law to settle the matter. The answer lies with the wise application of reason working through faith of the Divine positive law towards the ordering of the whole Church as a perfect society as such, the ius Gentium Dei. We can accept that Sergius I was Roman Pontiff just as much as Vigilius, just as much as Benedict IX three times along with Sylvester III, Gregory VI, and Clement II, and so on. As Fr. Taparelli, grandfather of Catholic social teaching, would likely point out, the fact itself is what makes the society and allows for its contracts, not the other way around. Not to put too fine a point on it, we have a Church of popes, not a Church of the 1983 or 1917 Code of Canon Law.

In his book treating of political economy, the ghostwriter of Rerum Novarum Fr. Liberatore presents the ius gentium as a spectrum, with some items, like the very institution of private property, being closer to the natural law than other items. The papacy and its acquisition seem closer to the Divine positive law than something like rights over the use of particular liturgical customs, which is another item that very much seems not merely part of ecclesiastical law while nonetheless obviously largely subject to ecclesiastical law. The Church can legislate rather arbitrarily a lectionary, a calendar, various kinds of vestments and their colors, the kind, number, position, and use of candles, and so on. We can perceive that, beyond the proper minister and matter and form, there are in fact items which seem so fundamental to the right liturgical order that they are very likely indirectly indicated by Divine positive law; for example, that the readings precede the confection of the Eucharist – the way that Christ’s public teaching preceded His death on the Cross, the way that the prophets preceded the Incarnation, and the way that the Eternal Word of the Father precedes creation through that same Word. However, something like the attempt to introduce extra-Scriptural readings into the Mass would be less offensive but still, I think most would agree, would be illegitimate. The question is, offensive against what? It cannot be Divine positive law, as God gives no direct commandment about readings at Mass – it cannot be only against ecclesiastical law, if that law were actually to be changed. It is instead against the wise application of reason working through faith of the Divine positive law towards the ordering of the whole Church as a perfect society as such, in this case about how that society conducts acts of religion – how God is worshipped by outward, official, public acts of the Church.

No doubt, there is something which lawful authority possesses in the Church that matches the civil reality of eminent domain. One might think of Pope St. Pius V doing away with long-standing local liturgies after Trent, those of almost but not quite 200 years of age. But nobody thinks that the Roman Pontiff could, for example, legitimately (with morally preceptive force) do away with all the liturgies of the Eastern Churches simply at will, or even of a single Church. The Armenian Catholic Church, for example, has an acquired right to use their own liturgical books and rituals, within reason; the ratio for any meaningful intervention in the Armenian liturgy is and can only be what is fair with respect to the ownership of the same liturgy on the part of the entire Armenian Church. The analogy which comes to mind is that of children living under their father’s care in a common house – surely, the father owns the house in the absolute sense and exercises the fullness of authority – immediately, supremely, etc., as to domestic life and the governance of his family – but he cannot arbitrarily and indefinitely forbid the children to use the central rooms of the house, for it is their house too in a real way, albeit in a limited and participatory sense. While the supreme and immediate power of the Roman Pontiff over the whole Church is part of Divine positive law at least indirectly or even directly, the character of ownership over something like the use of particular liturgical customs, especially on the part of the faithful, is not part of Divine positive law. Rather, the articulation of that ownership, along with how it is suspended, modified, or removed, is in large part a matter of the ius Gentium Dei.

I leave aside other possible inhabitants of this category, including those already mentioned – the deposition of bishops, lay governance, and even the character of sacramental intentionality, for lack of time. Rather, I will address the problem which by now should be obvious: Who decides what is contained in the ius Gentium Dei, and, even more importantly, who decides what it demands?

My suggestion is that the answer lies with the whole Church, especially with clergy and the maiores, those who are educated. To reiterate my definition of the ius Gentium Dei, it is the wise application of reason working through faith of the Divine positive law towards the ordering of the whole Church as a perfect society as such. The key is wisdom, the knowledge of the causes of things, in this case knowledge of the causes of the flourishing of the whole Church. This principally belongs to local bishops and most of all to the Roman Pontiff. Yet the head cannot do without the foot. The various roles played by lower clergy and by educated and deputed laity to assist in the governance of the Church are critical, as is the movement of the Holy Spirit among the pious minores, the uneducated, who may by the Gift of counsel know that somehow, something is wrong about a decision about governance without fully or even significantly being able to explain why. When moving all together, problems or conflicts which are over things inside the scope of the ius Gentium Dei are normally figured out less by reasoning or acts of juridic power than by flesh and blood – over time, the solution simply appears because of the fact of the matter at hand. Such was the case with the abnormal papal accessions previously considered – so too it may be the case for various ecclesiological crises in our own day. God wants us to know that we have a pope – other than knowing someone is actually a baptized male, what else do we really need to say other than, “Well, he controls the Lateran and everyone calls him ‘Pope’”? Something similar could be said about lay governance, episcopal depositions, and even sacramental intentionality, if time allowed. The key question is something to the effect of – “Is this paradigm or set of expectations and practices workable for the whole Church with respect to Her good as a perfect society, in line with clearly revealed precepts?” This kind of argument is what needs to be taken up in the apostolate to the sedevacantists – we ought mostly to leave alone particular arguments about the 1917 CIC and the precise definition of “heresy,” let alone any particular historical questions, which, by the way, are seemingly never extended into the murky depths of the First Millennium; as if we really know anything about what men in the 700’s were teaching and preaching before their pontificates. The fact is that “they controlled the Lateran and they were called ‘Pope,’” and this is more or less everything we need to know. This is somewhat of a simplification, but it is not a very large one.

What remains to be said in this brief presentation is to insist that the ius Gentium Dei is not a “trump card” which can or should be “played” by anyone seeking some particular solution in a given conflict. Such an attitude would be the practical equivalent of the speculative error found in illegitimate appeals to the “sensus fidelium.” Just because a decision of a lawful superior seems unfair or ill-considered does not thereby render it invalid or even illicit, even though it may truly be immoral to have legislated on account of his own poor judgment, which because of his office he is specially bound to avoid. If anything, rather than simplifying particular courses of action which smack of disobedience and flippant impiety, this juridic resetting of major ecclesiological crises and questions, and the conflicts which unfortunately accompany them, is an invitation to more serious dialogue and discourse. Children should not simply disobey their father and harshly rebuke him, even when it is really the case that he is unfairly restricting their usage of the house, to return to my analogy – rather, the children must appeal to their father respectfully and plead with him (1 Timothy 5:1). Sometimes, the father lacks wisdom and thinks too much of his rights; however, this is more frequently true of the children who are bound to him in obedience.

In this presentation, which is only a sketch of an at least superficially plausible idea which requires more research and reflection, I have proposed that there is an analogous category of law in the order of revelation to the ius gentium in the order of nature, which category I have called the “ius Gentium Dei,” and I have shown how such a category could help to contextualize several pressing concerns which confront the Church today. Real solutions to these problems may yet be a long way off. However, it is no doubt extremely important both to avoid erroneously claiming one’s rights to be sanctioned directly by God and to avoid erroneously claiming that whatever such rights exist are subject entirely to the whims of the lawful superior. Instead, the via media ought to be more frequently considered, in the form of the ius Gentium Dei – in this case it is not the ”both/and” we are so accustomed to in Catholic theology but rather a rare “neither/nor.”

Mayhem in Massachusetts

June 20, 2022June 20, 2022 Christian Renaissance Movement3 Comments

Eamonn Clark, STL

I really, really want to be on the side of Bishop McManus, due to the obviously righteous intention he has. But I am not convinced what he did was legal.

The Nativity School, a Jesuit-run middle school in Worcester, Massachusetts, has been (and still is) flying a “gay pride” flag and a “Black Lives Matter” flag in front of the school building. The problems, as stated by the Bishop, are serious and evident. So, Bishop McManus has issued a decree revoking the right of the school to call itself “Catholic,” along with some connected matters. It has been lighting up the world of Catholic news.

But the Jesuits are a religious order of pontifical right. They have public juridic personality, and not from the local bishop. While they need the local bishop’s permission to found a school, it is unclear that the local bishop can revoke a school’s Catholic identity when run by such an organization. In fact, it seems clearly to be the opposite. The late Cardinal Grochelowski agrees, in a speech given at Fordham in 2008, wherein he stated: “I should like to note that religious institutes too, which are public ecclesiastical persons (I am referring to the second case), need the consent of the diocesan bishop to found a school (can. 801); however, in such a case, the consent regards only the possibility of having a school, and not that it be Catholic. In fact, a school, if directed by a public ecclesiastical juridic person, can only be Catholic. Public juridic persons, according to the norm of can. 116 § 1, fulfill their mission ‘in the name of the Church’: therefore, all the activities they carry out have to have such a dimension.”

For the canonically minded among my readers – any hot takes? Law matters. Processes matter. Rights matter… even when those rights are being misused. Just imagine were things reversed, with some conservative school run by a traditionalist-leaning order having the rug pulled out from underneath for NOT flying such flags… or some such silliness.

Prayers for all involved – most of all, for those who seek to make cheap use of ridiculous virtue-signals laden with values antithetical to Christian morals to the effect of much scandal, that they may see the light and repent, that their souls may be saved on the Last Day.

Some Thoughts on Papal Resignations – and “BiP”

June 20, 2022June 26, 2022 Christian Renaissance Movement2 Comments

Eamonn Clark, STL

Speculation abounds as to the possibility of a Francis resignation very soon, what with all the things going on – an extraordinary consistory, seemingly frantic reforms, a potentially symbolic trip to L’Aquila, and his unfortunately and obviously declining health – but on the other hand, he is still making plans for various travels in the future, after August. Bizarre.

Given the occasion, I have some thoughts on the idea of papal resignations in general which I thought I’d share.

To begin with, I think it is extremely clear that Benedict XVI validly resigned the papacy, and I believe just as well that Francis was validly elected. I have talked about this on these pages twice, here and here. I also point the reader to Steven O’Reilly’s work on the topic, of Benedict’s resignation in particular, which is extensive. See also Prof. Feser’s work on this.

When one looks at the text of the Declaratio, especially together with the text of Normas Nonnullas, published shortly afterward, it seems to be quite clear that, despite whatever theories Cardinal Ratzinger privately entertained about a “bifurcation” of the papacy before his election (which he apparently did), this is simply not what he intended, given his public words.

I would add too a canonical observation: it seems that categories like “substantial error” and “grave fear/coercion” with respect to papal resignations have a higher bar to clear than with respect the resignation of other offices. The famous “Beal Commentary” on the 1983 CIC talks about substantial error in resignations as being either from cause/motive, or from the essential character of resignation/its effects. So, cause or effect. The example given is a diocesan finance officer who mistakenly thinks he must resign upon the appointment of a new bishop, when he actually does not need to do so. Such a resignation is invalid from its cause. The case with the Benedict XVI bifurcation theory would be an error of effect, supposing, as I do, that the papacy, being the exterior and visible sign of ecclesiastical unity, cannot be split into two offices, one contemplative, one active, or one as “Bishop of Rome” and one as “Vicar of Christ,” despite the fact that St. Peter was simultaneously pope and not the Bishop of Rome… Ever since, they have been linked, a custom which seems to be sanctioned by Divine law, given the obvious facts that 1, St. Peter became Bishop of Rome while he, an apostle, was still alive, thus allowing for revelation to occur publicly, which at least opens the possibility of the existence of a revealed (but not explicitly defined) datum that the ecclesiastical control of Rome is intrinsically linked to the papacy, and 2, the Church has been organized this way in every single case since St. Peter, even when popes have lived outside of Rome (i.e. Viterbo, Gaeta, Avignon), thus suggesting the existence of a Divine law of such an intrinsic link in reality.

So, if Benedict XVI really had this bifurcation thought in mind, despite publicly giving every indication to the contrary, he would indeed seem to have had what would normally be a substantial error that would suffice for the invalidity of resignation. An analogy would be a diocesan bishop saying, “I will resign the ministry of my episcopate over this diocese, but I will still retain the right to ordain licitly, by my own authority, the diocesan clergy of this diocese.” The two go hand in hand, and they cannot be separated. But when one deals with something as important as the papacy, merely ecclesiastical law – viz., the laws regulating the validity of resignations or the loss of office more generally – must be seen in relation to the Divine laws which govern what the papacy is, and they must be seen in the light of the immense importance of the papacy for the health of the universal Church. The “hermeneutic of common sense” is very important… If one pope stops pope-ing, and another guy starts pope-ing, then the strong presumption has to be that the second guy is pope. In the history of the Church, there have been clear cases of false papal claimants, and there have been cases which were less clear, such as in the Western schism… But then there have been cases which, to us with our fancy CIC, would seem clearly to be cases of anti-popes usurping power, such as due to exile or simony (both of which happened with Benedict IX – who then left office for a third time by abdication, dying repentant in a monastery)… Well, here is some common sense: if another guy started pope-ing, and the Church went along with it, then the second guy was pope. It seems God sanctions the common sense hermeneutic when it becomes too difficult to know otherwise who is in fact the Successor of St. Peter. So, even accepting the hypothesis that Benedict XVI was pressured in this way or that, and had a rather significantly erroneous understanding of the papacy which informed his intentions in abdicating, his resignation would not therefore have been necessarily invalid. Anyway, that is my take.

All this stuff brings me to the next point. Popes should not resign. It’s a bad idea. It causes so much confusion, even schism. Benedict said his strength was failing him to such a degree he felt he couldn’t do the job well enough anymore – he had seen what was done by opportunists while John Paul II was dying, and he didn’t want it to happen under him… But somehow, the Church has gotten along just fine for millennia with popes who died in office, likely some who were for a long while in hospice, perhaps popes so decrepit they couldn’t even speak, and probably a handful of popes who even slipped into dementia or suffered from Alzheimer’s. The difference is, in fact, the precedent set by John Paul II especially, and to some extent his immediate predecessors (especially Paul VI). The papacy has not normally been what these men lived it as – traveling here and there, speaking publicly all the time, and being deeply involved in the affairs of the worldwide Church (such as personally appointing every bishop). It does have its advantages, but it also brings large risks with it… If popes were to recede more into the background, with a real and healthy kind of decentralization of power, gathering truly exemplary men to assist them in the curia, then there would be fewer problems with popes staying in office with declining health, whether it’s physical health, mental health, or both.

Anyway, we pray for Pope Emeritus Benedict XVI, and for Pope Francis, and his successors.

A Pop Quiz on Canon 915

May 15, 2021 Christian Renaissance Movement2 Comments

Eamonn Clark, STL

In my recent post on introducing Canon 915, I had hoped to help bring some clarity to the discussion about “worthiness,” Holy Communion, and political life. Evidently, the Bishop of San Diego is not reading my blog. So, it is time for a pop quiz. See if you can spot what is wrong with this introductory paragraph in the Bishop’s May 5th article for America Magazine.

“In the six months since the 2020 election, a growing movement has emerged in the church in the United States that calls upon the bishops of our nation to publicly exclude President Joseph R. Biden and other Catholic public officials from the Eucharist. Those who support this action make a concise, three-part argument: The president supports positions on abortion that clearly depart from the teaching of the church on an extremely grave moral issue; the long tradition of the church requires personal worthiness to receive the Eucharist; and the persistent rejection of clear Catholic teaching extinguishes that worthiness.”

One might make a number of observations about this paragraph (and the rest of the article, which is overall a fine example of a bad argument made well), but there is a singularly fatal defect in these opening lines. It is not so much what is said but rather what is not said (and which is never mentioned in the article). What is it? What is the key principle that is lacking which sets up the rest of the Bishop’s case against what he calls a “theology of unworthiness”?

The answer is that Canon 915, which is the hinge of the whole discussion, is not a law binding recipients of Holy Communion in relation to personal worthiness, as is implied by the Bishop (who never actually mentions canon law at all, oddly enough) and which is even believed by many well-intentioned “conservative” clergy and laity. Rather, Canon 915 is a law which binds the minister of Holy Communion in relation to the possibility of giving scandal, in this case, a scandal of imitation. If a Catholic who publicly and obstinately supports or tolerates in principle the murder of innocent children can receive Holy Communion, onlookers can and eventually will infer that such support or toleration is not at odds with what is required of a disciple of the Lord, thus becoming liable to take up such behavior themselves. (And yes, this certainly would and should extend to other obstinate public support or habitual commission of grave intrinsic evils… even some kinds of racism!) The minister of Holy Communion then becomes a teacher of bad morals in the very act of distributing the Sacrament.

THIS IS THE BASIC PROBLEM. NOT PERSONAL WORTHINESS. Personal worthiness is the purview of Canon 916, and it involves a separate discussion.

Furthermore, there is a universal legal code the Church has which tells us all of this when read in its proper context in light of the interpretive tradition that accompanies it. So why there would ever be a need for a “national policy” on such things is, frankly, beyond me. We profess belief in a universal/catholic Church, not in a collection of national Churches. There is already a world-wide “policy” which is simply being misunderstood or ignored.

Not 100% of the issue could be solved by turning attention to what the law actually says… but it would definitely be a good start.

A Short Introduction to Canon 915

February 4, 2021February 5, 2021 Christian Renaissance Movement3 Comments

Eamonn Clark, STL

“Weaponizing the Eucharist” is a phrase I have now unfortunately heard from several clergy, most recently the Bishop of San Diego (1:18:00) attempting to persuade people that the President of the United States (and others), despite perfectly clear, consistent, and efficacious support for abortion, should not be denied Holy Communion. Of course, this relates to the meaning and application of the ever-relevant Canon 915, which describes the conditions for the public reception of the Eucharist.

In this post, I want to give a very brief primer on this severely misunderstood law. (In this task, I rely largely on the great work of Dr. Ed Peters, whose trove of resources on this point can be accessed here, along with other items of interest.) For what it is worth, I am not a trained canonist but have done a good deal of study of this area of the law.

The text of the Canon 915 in the 1983 Code of Canon Law is as follows: “915. Those upon whom the penalty of excommunication or interdict has been imposed or declared, and others who obstinately persist in manifest grave sin, are not to be admitted to Holy Communion.”

For this post, we leave aside the first part of the canon, which is more or less straightforward and is rarely at issue. (Whether such mechanisms should be used with more frequency is a different question, but it is one worth asking.)

So, we shall go through each of the parts of the second part of the canon (“obstinate perseverance/persistence,” “manifest,” “grave,” and “sin”), but first we will look at two other things: first, what the canon does NOT say, and second, what is the relevant proximate context of the canon which is required for understanding its meaning.

What does the canon NOT say? Well, to cut to the point, obviously the canon does not add qualifiers beyond what it actually contains. The word “dialogue” is missing, one can note immediately, though dialogue in the right sense is important indeed. And while the “judgment of a proper authority” can sometimes be quite important and relevant, this relates to a specific phrase already included in the canon (“obstinately persist”) and so the more general judgment of the pastor, the bishop, etc. is actually not very relevant. Perhaps a wealthy “pro-choice” donor to the diocese will cease his donations if he is denied Holy Communion, and the bishop does not like that consequence and judges it would be better not to make this person upset. Well, this is quite unfortunate, and the judgment is wrong. It is not the purpose of the canon to preserve the financial (or political/diplomatic) integrity of a diocese, a parish, etc. These things, while important, sit beneath what the canon obliges, not above it, as is clear from the common sense effects that any sort of public humiliation could possibly have – as if we are only now first discovering “mercy” and “dialogue” and realizing that politicians and wealthy people (and others with influence) can bully or help the Church in various ways, and that this might depend on how such people are treated by the Church, including in the public administration of the sacraments… Of course we are not only first learning about all this. This is very old news. In the most proper sense, the “proper authority” is whoever is functioning in the moment as the minister of Holy Communion, and other judgments are secondary – the canon especially obliges bishops and pastors, but it directly obliges anyone administering the Eucharist in public. As Newman put it, “A toast to the Pope, but first to the conscience.” I certainly understand the squeeze that this puts many people in. But those taking up the grave task of assisting in the distribution of Holy Communion – most of all, clergy – need to gird their loins and be prepared for contradictions. (Coincidentally, this is one more reason to diminish the prolific use of extraordinary ministers of Holy Communion, especially “on the fly.”)

Note that the word “conscience” is missing, as is “sacrilege.” More on that in a bit, as clearly they do somehow play a role, but they are not the direct concern of the canon.

The two pieces of context which I wish to present here are the following: first, Canon 855 of the 1917 Code of Canon Law, the current Code’s predecessor, which helps us to understand the legal framework out of which the current Code was developed and must be interpreted within to a significant degree. Second, Canon 916, which, as one might expect, immediately follows Canon 915.

Canon 855 of the 1917 CIC reads as follows, with its two sections: “855 §1. All those publicly unworthy are to be barred from the Eucharist, such as excommunicates, those interdicted, and those manifestly infamous, unless their penitence and emendation are shown and they have satisfied beforehand the public scandal [they have caused]. §2. But occult sinners, if they ask secretly and the minister knows they are unrepentant, should be refused; but not, however, if they ask publicly and they cannot be passed over without scandal.”

From this text, we begin to get an idea of what Canon 915 is up to. Let’s look at Canon 916 before drawing our conclusions here: “916. A person who is conscious of grave sin is not to celebrate Mass or receive the Body of the Lord without previous sacramental confession unless there is a grave reason and there is no opportunity to confess; in this case the person is to remember the obligation to make an act of perfect contrition which includes the resolution of confessing as soon as possible.”

From Canon 916, we see by inference that Canon 915 is not a law binding the would-be communicant, it is a law binding the minister of Holy Communion. The language of Canon 915 is already talking about “admittance,” but 916 helps us to see with precision that the one bound by this law is the minister, not the would-be communicant. Canon 916, on the other hand, binds the would-be communicant.

From these two texts together, we can conclude that there is a distinction between the reception of Holy Communion in private and reception in public. The difference relates to what the 1917 Code refers to explicitly, and the 1983 Code refers to implicitly, which is scandal. Thus, the law is concerned with two things – the soul of the would-be communicant, and scandalizing others looking on at his reception (and even scandalizing the recipient himself). In public reception, in fact, it is the primary concern of the law, as demonstrated by the fact that the 1917 Code requires ministers to cooperate with what he knows with good certitude to be a sacrilegious reception of Holy Communion.

There are two types of scandal to consider here: “imitatio” and “admiratio”… The former is connected with known sins, the latter with secret sins. The scandal of “imitatio” (imitation) is to teach others that a sin is not a sin – or at least not grave sin, in this case – and thus to imitate it, while the scandal of “admiratio” (wonder) comes after a denial of Holy Communion which encourages others to inquire into the motive for that denial, thus creating untold gossip, prying, and possibly the complete ruin of a person’s good name. And, after all, who knows, maybe the person who did some very terrible thing in secret which the minister happens to know about has actually already made confession or at least a good act of contrition (with a grave reason for receiving Holy Communion and no prior opportunity to confess), or was even for some reason not gravely culpable for his sin. However, if his action was public, people already presumably know about it and will not go hunting for information. Thus, the known sin is also typically presumed to be known by the minister as well… thus possibly putting the minister into the role of a teacher of morals.

Now we are ready to look at the individual conditions laid out in Canon 915. Remember, this canon relates to the public reception of Holy Communion only (whereas Canon 916 and its roots in Canon 855 §2 would correspond to private reception), and ALL of the conditions need to be present for the canon to be justly applied. (This is where many well-meaning and “conservative” people can go astray – it is actually quite difficult, outside of a few textbook cases, to meet ALL of the criteria.) We will start with the end and work our way back.

Sin

In morals, “sin” is a voluntary deed, word, or thought against the preceptive will of God. Some might be surprised to know that there is a category outside of morals which “sin” relates to – well, there is, and it is canon law, our present concern. “Sin” in canon law does not actually always mean the same thing as it does in morals, though of course it is connected. Rather, sin in the canonical sense, as used in Canon 915 in particular, corresponds to an outward reality which is able to be judged by onlookers, not a reality of the soul of the individual. More specifically, “canonical sin” is a “moral sin” as judged by people with well-formed consciences that might observe the act. For example, a man takes some hostages in a bank robbery and begins to murder them one by one. A person with a well-formed conscience who sees this act would reasonably assume that this man is committing sin in the moral sense. However, if we suppose that the robber is actually a schizophrenic or has some other serious mental disability, he may actually bear no moral guilt at all. And yet, until his mental condition is made known publicly, thus clarifying his lack of guilt, he would be guilty of the kind of sin which Canon 915 speaks about.

Grave

The sin must be grave. It cannot be venial sin, which is an unfortunate part of everyone’s daily life. It must be sin of the sort which, according to its matter, separates a soul from the love of God. (Recall the immediately preceding point – it is not the concern of Canon 915 whether one is gravely culpable for the sin or not. In the bank robbery example, the act is pretty clearly grave matter, despite the schizophrenic robber’s lack of guilt.)

Manifest

This is where Canon 855 of the 1917 Code is helpful, as it makes this distinction very explicit. In public administration of the Eucharist (and other sacraments by extension), the immediately invisible disposition of the soul of the individual is irrelevant for whether or not they have a claim on the minister of the sacrament to receive it. If we reimagine our bank robbery to have been a heist, in which the pastor of the local parish was involved as a conspirator, the successful heist is a grave sin indeed but one which is unknown as being connected to any given individuals. If Father decides to celebrate the parish’s daily mass the next morning (which is its own problem, as the canon also notes,) and his co-conspirator presents himself for Holy Communion, Father cannot deny him Holy Communion based on their secret crime. It matters not one bit whether there is any realistic chance of there having been confession, contrition, reparation, or even regret. The grave sin is not manifest, it is secret. However, if his co-conspirator arrived at the rectory and asked to receive Holy Communion privately outside of the normal parish mass, there would indeed be grounds for denial – it is a clear sacrilege, unless he has made confession or has some grave reason to receive after a perfect act of contrition (which is not particularly realistic, of course).

Obstinate Perseverance

The manifest grave sin must be intentionally habitual, not a “one off” or some occasional act. Sometimes this comes by implication of the person himself – such as the public contraction of an obviously illicit “marital” union. In the standard sort of case, a person’s manifest grave sin is rightly judged to be obstinately perseverant after an explicit warning given to that same person by the proper authority, such as the pastor or the bishop. (This is where the judgment of the pastor or bishop would be relevant. He may have given a warning with the condition to make public amends by such-and-such a time. So in these cases, those assisting the pastor and bishop in distributing Holy Communion are “off the hook.”) However, some cases are so clearly grave that one or two acts without public reparation or apology would suffice of themselves to constitute obstinate perseverance, without the need for any special decision or declaration from the bishop or pastor. This would seem very much to be the case with voting in favor of intrinsically and egregiously immoral acts, such as abortion, euthanasia, etc. (While such a person perhaps might have some special and secret strategic reason for such voting behavior which would justify his outwardly horrific action, this is truly abnormal and would still exclude the individual from publicly receiving Holy Communion, though not privately. I will explore this strange kind of case in an upcoming book on the topic of voting… Stay tuned.) It could also apply to political symbols being used during the reception of Holy Communion itself (i.e. a “rainbow sash” – and one can even imagine the wearer of such a thing being ignorant of its actual meaning, thus removing subjective guilt but still meeting all of the conditions of the canon).

Practical Conclusions

The claim that merely enforcing the legislation of the Church which sits upon apostolic roots and is primarily aimed at protecting weak souls from being led astray is “weaponizing the Eucharist” is simply absurd. The law is there in part to protect the individual would-be communicant from committing sacrilege (normally), but it is primarily to prevent people from being taught that grave sin is not so bad (including the would-be communicant himself). In the case of pro-abortion politicians, clergy who support “mercy” and “dialogue” over enforcing a rather low bar in the Church’s law actively teach Catholics and non-Catholics alike that the Church does not consider abortion to be particularly sinful, such that one who tries to expand legal rights to abortion by a public vote can still carry on a loving relationship with Jesus Christ, which is the whole center of the reception of the Eucharist. This is false. (Alternatively, the lesson could be that the Eucharist is not that important, or that a good reception does not require the state of grace, etc. – also false.) A clear-thinking adult who deliberately supports the direct killing of the unborn or even deliberately tolerates it as acceptable, cannot be a friend of God and thus cannot receive Holy Communion, at least under Canon 916 by committing sacrilege, even if not barred under Canon 915. We are gravely bound to understand the basic requirements of the 5th Commandment, which includes understanding what a human being is in a basic way. And those who are bound to know well both ecclesiastical and moral law who neglect their duty as shepherds of souls in this respect, as in others, will have to answer for their actions and inactions on the Last Day. It is indeed a terrifying thought to think of what that “dialogue” will look like.

We do not need more “dialogue” here, we need more good instruction and more good examples. We need to focus on saving those who are hovering in the middle of the divide – not on trying to pretend that despite the angry mob’s commitment to egregious sins, we can still find enough common ground to have a healthy ecclesial relationship in the bonds of mutual charity. This was more or less the thinking of St. Paul, for example, when he counsels the excommunication of heretics from even the social life of the Church after one or two warnings. (See Titus 3:10 and especially 1 Corinthians 5 – where is the call for dialogue!?)

There is more to talk about, including but not limited to the extension of the logic of this law to other acts of sacramental administration, but for now I give the last word to Cardinal Arinze… Let us pray for our bishops and our governors, and for the protection of the most vulnerable in our world.

Lessons for the Church from the Kavanaugh Debacle

October 11, 2018October 11, 2018 Christian Renaissance Movement1 Comment

Eamonn Clark

In the past few years, it has become evident that a vast number of people, including some average pew-sitting Catholics, do not understand the value of jurisprudence – that is, the principled examination and judgment on some matter of justice by a legitimately authorized party. The show-trial of Justice Kavanaugh is a wonderful case-study.

By now, there is a mountain of both negative and positive evidence against the claims of the main accuser. (The other accusers have all but been entirely discredited at this point.) To date, there is not a single significant piece of corroboration or verification, and if there were more holes in her story it wouldn’t even exist. (To me it seems like a jumble of “recovered” memories, but I digress.) But somehow this seems not to be enough for 49 U.S. senators, millions of Americans, and many foreign onlookers. To which I say: why?

“It’s not a trial, it’s a job interview – it has higher standards.” This is the claim. Well, fair enough… But we would never want our father, our son, our brother, our friend to be treated in such a way for any reason. We would want for them the presumption of innocence. In this particular case, there is not even probable suspicion (enough for warrants or subpoenas), to make no mention of a preponderance of the evidence, the step below what is necessary for conviction (“beyond a reasonable doubt”).

It is different with Kavanaugh because, despite his (appropriately) evasive answers regarding the matter, he is obviously not a champion of the pro-choice cause. It is this unwelcome ideology which primarily motivated the grossly unjust and immature tactics that are clear to all who don’t have a devotion to Roe and the DNC platform in general.

What does this have to do with the Church?

There are many, many bishops and clergy who have unwelcome opinions (whether heterodox or not). Some of them are very powerful and enjoy great public respect, and nonetheless they have been accused of allowing or covering up bad things (like… sexual abuse), or they have been accused of such things themselves. (Frankly, it is surprising that nobody tried to tie Kavanaugh to McCarrick, given that the former has been a prominent Catholic in D.C. for many years. Maybe that would have come eventually: “He knew someone who knew what McCarrick had done, therefore he was guilty of helping to conceal abuse! We must investigate!” Etc.) We are watching our own investigative debacle unfold with the Viganò accusations (and beyond) about similar issues… And we are facing a litany of coming grand jury reports in the USA.

Some accused clerics are guilty. Some of them are not. We all know this. What is challenging is some principles of jurisprudence, especially when applying them outside the courtroom. So perhaps this is a good moment for the Church to reflect on what we all just watched happen in the USA. There are many lessons to take from the Kavanaugh debacle.

Lesson #1: Truth is not the only value in investigations

We’ve heard that “if finding the truth is all matters” then the FBI investigation into Kavanaugh would have been open-ended (viz., endless, thus destroying or at least severely limiting his chances of confirmation). The problem is, prescinding from any partisan desires about what the truth is or when and how it should be found, finding the truth is not all that matters. Fairness matters as well, given that the truth must be found through a process. Sometimes, what must be done to find the truth, or to get as close as possible, involves unfairness. This is why, for example, evidence obtained by unlawful search and seizure is inadmissible in court, even if it could demonstrate the defendant’s guilt. Even though everyone knows the defendant is guilty, it’s impossible to convict him, because if that’s done, then the entire set of principles of search and seizure laws falls apart. But sometimes an unfair process is used against a person who is innocent.

All well and good for criminal convictions, but one can’t unsee incriminating evidence. However, a weaker version of the principle of the presumption of innocence should pervade the formation of our opinions of those accused of terrible crimes. We should, in fact, usually suspend judgment until sufficient evidence comes forward and/or the accused has a chance to speak. In the meantime, we don’t get to ruin someone’s life, either by publicizing our ill-formed premature judgments in favor of the accuser or by digging into every crevice of the accused’s personal life, especially if we are putting it on public display.

This includes priests and bishops and other church officials… Investigations need to follow a reasonable path of questioning which, at some point, needs to be terminated. The goal should not be to find corroboration/substantiation – because if there is no such evidence, the investigation will never finish…

Lesson #2: Reputation is extremely valuable

St. Thomas puts the value of a good name under the value of life and over the value of physical possessions. (By the way, his Question on Unjust Accusations is also relevant – and it is really dynamite.) Once taken away, a good name normally can’t be regained except with extreme difficulty.

I’ve linked to this article from Homiletic and Pastoral Review before, but here is a quick summary:

Publishing the names of clerics who have been “credibly accused” of sexual abuse is pointless, arbitrary, harmful to morale among the clergy, and, depending the standard used, egregiously sinful.

To take a diocese named in the HPR article, a current statement from the Archdiocese of Baltimore exemplifies the lamentable sort of tendency to put “accountability” above basic norms of jurisprudence. A document produced in response to a recent “listening session” in the Archdiocese lists several gravely problematic items, such as:

“Since 2002, the Archdiocese has disclosed the names of credibly accused priests at the time the allegations became known. Their names have been updated to the original list, which is posted on the archdiocese’s website.”

The central problem here is this: who decides what “credible” means, why is it that person or persons, and how do they determine that credibility? It is a mystery. I won’t go through the entire argument which the HPR article presents (it is really worth reading for yourself), but suffice it to say that this is a fatal flaw. It is especially absurd to say that the allegations are published as soon as they become known – taken at face value, this means that a judgment is made instantly about the credibility of an accusation, supposedly meaning that it meets the preponderance-of-the-evidence standard, without even hearing the accused give any kind of defense or seriously weighing the available evidence before possibly helping to ruin a person’s good name unnecessarily. Perhaps Baltimore has a very thick and subtle manual of how to determine “credibility” which is meticulously followed and they are here overstating or poorly stating their approach, but no such manual is referenced. (This same document does mention a “lay independent review board,” but it is unclear about its role in determining “credibility.”) It leaves the impression that their process is astonishingly imprudent and grossly unjust. Beyond that, it is not even clear what good publishing these names actually accomplishes, which is in part why basically no company, anywhere, ever, has had such a policy for their employees.

“The Archdiocese hosts a public meeting when a priest or other minister of the Church in active ministry is credibly accused of abuse.”

Why? So that anyone with an interest in harming that person or the Church in general has a chance to capitalize on an allegation? (This is exactly what we saw happen with Kavanaugh… Publicity can encourage a dog pile if it’s the right person being accused. Wicked people see that this is their chance to get some money, hurt a cause, forward an agenda, draw attention to themselves, etc.) It seems outlandish to do anything other than launch a discrete formal inquiry among trustworthy people who might have relevant information and who can keep their mouths shut about the investigation.

“There is zero tolerance for anyone found to be credibly accused of abuse. Anyone who is credibly accused of child sexual abuse is permanently removed from ministry.”

Leaving aside the weirdness of switching from the extremely vague word “abuse” to the still vague phrase “child sexual abuse,” we return to the central question: who decides what “credible” means? And what if it comes out that the accuser was wrong? Surely, it would not mean a “permanent” removal then, right? If there is a process of appeal and reinstatement, why use such threatening language? It reads like a juvenile smokescreen at best, and a draconian strong-arm at worst.

Much like secular liberals’ use of the words “tolerance” and “equality,” so do some dioceses use words like “accountability” and “transparency” – if you are on the “wrong side” of someone’s desires or opinions, you will be made to pay dearly. There is then “zero tolerance” for you. But no mention will be made of “zero tolerance” for false accusers, or unfair investigative practices, or unnecessary publicity. St. Thomas’ take on false accusations is worth explaining briefly: basically, if an accuser is unable to prove what he says, he should be sentenced just as the defendant would have been if found guilty. Now, perhaps it should be subject to a slightly lower standard than a conviction (such as preponderance-of-the-evidence), but this is a serious suggestion from a serious thinker which seems entirely forgotten. It would deter frivolous accusations and opportunists.

At any rate, the approach of dioceses like Baltimore is more akin to Lady MacBeth washing her hands than to balanced self-policing. And I have seen this intemperate attitude cause serious harm. The righteous intention to protect the vulnerable is achieved by adopting a strategy which is something between ritual purity and a witch-hunt. And given that scandal-plagued Maryland is now facing a Grand Jury investigation, this is all the more relevant for poor Baltimore.

Note too, by the way, that the Pennsylvania Grand Jury Report in fact did not attempt to give us a list of priests found guilty of sexual abuse, except indirectly. (Nor will any other similar report in the future.) It gave us a list of “church personnel” who were accused of “sexual abuse” (a vague term) in a way the investigators thought credible enough to include in their investigative report. That is quite a different thing. Consider, for example, the report’s inclusion of an allegation against Fr. Ganter, who was born in the 1800’s… The incident supposedly happened some 80 years ago. And yet his name is among those “credibly accused,” even though he’d been falsely accused in the 40’s by three kids who later admitted they had lied. Perhaps the Grand Jury conflated “realistic” with “credible” – an easy but disastrous mistake.

Lesson #3: The opinions of survivors are not sacrosanct

As I pointed out in another post, experience is not the same as wisdom, and this error is pervasive in the Left. (Experience is especially not partial-omniscience – as if being a survivor of sexual assault means you know what happened 36 years ago in an unknown house in suburban D.C.) Having been through some experience simply does not make a person an expert on the objective causes and effects of that kind of event. A child who grows up in a war may indeed be able to describe what it feels like to be afraid of bombs every night, but he might not be a wise counselor to a General fighting a war. In fact, his own experience might blind him to the broader picture. For example, he may be so empathetic to kids like him that his advice to forego an attack with a moderate risk of collateral damage would occasion the enemy’s victory, resulting in far more damage than what was avoided.

As we saw with the unending barrage of feminist activists in the news, this is not so popular a doctrine. Especially remarkable was the encounter with Sen. Flake and some women who accosted him in an elevator, which occasioned the supplementary FBI investigation. I suppose the argument is, “I was abused by someone once, therefore Kavanaugh is guilty of abusing this other person.”

It is surely important to give a forum for survivors to speak their mind, to tell their stories, and generally to feel heard and consoled. However, one need not have survived a sexual assault to know how to investigate an accusation of sexual assault. And sometimes people further removed from an experience of abuse have a clearer mind on the issue, as there is no projection of one’s own experience onto other cases which might be quite different in nature.

Lesson #4: We are not so holy

As I recall the story, one day, an elderly St. Francis of Assisi was praised by a man for being a living saint. His reply: “I could still father many children,” implying not that he still just might get married one day and have a big happy family, but rather that he still just might become a monster. The moral is twofold – don’t definitively praise a man’s virtue until he’s dead, and don’t presume that you are beyond stooping to any level of sin. A corollary would be to see another’s failings in light of one’s own experience of sin… (There was one senator in particular who was troubling in this regard, as he has admitted to groping a girl in high school while she was intoxicated.)

To expect absolute moral perfection from anyone other than God or the saints in Heaven is stupid. It is especially stupid, hypocritical, and sinful to find as many flaws as possible in a person’s distant past to smear his or her character. This is becoming more and more relevant – consider that there might be some young man right now saying dumb things on Facebook who will one day be elected Bishop of Rome.

Frankly, watching the Senate proceedings reminded me of Christ arguing with the Pharisees and scribes – trick questions, a clear ideological agenda, a double-standard, feigned or unjustified outrage, hypocrisy, the bastardization of the fundamental text at issue… But we could all become like that. And all of us would without God’s special grace.

Lesson #5: Tribalism is bad in rational discourse

If one were to remove the letters after the names of the senators involved in the investigations and hearings, and a nameless president had nominated an opinion-less judge, what sense could possibly be made of this whole affair? None, I suggest. Epistemic vice became moral error. An observer to such a politically neutral hypothetical fiasco following the outline of the Kavanaugh debacle would be astounded by some senators’ fanatical commitment displayed to investigating seriously dubious allegations, obsession over drinking habits and notes in a high school yearbook, deep concern about judicial temperament over mild expressions of frustration at being accused of running a gang rape/drug ring and raging alcoholism in front of millions of people without any corroborative evidence, etc.

Targeted anger, imbalanced presumptions, motivated reasoning, double-standards… It’s all very bad, and it’s all very easy to fall into, due in no small part to the fact that fights can be fun and give us a sense of meaning and belonging. We have to avoid it – for the Church, the party lines might be “conservatives” and “liberals,” or “laity” and “clergy,” or “bishops” and “everyone else,” or “my diocese” and “the Vatican.” Well, as it turns out, people are complicated, and so too is human conflict. Tribalism deadens the senses to this reality.

Advocacy groups are a good thing. Lawyers are a good thing. (Incredible, but true.) But mobs are bad. And when advocacy groups or lawyers are indistinguishable from the mob, that’s when you have trouble. There are certainly predatory clerics around, and they have been concealed by other clerics. For sure. But this calls for the use of scalpels rather than hammers – let alone torches and pitchforks.

Lesson #6: Abortion is worth everything to the Left

They are willing to weaponize practically baseless accusations to run a man’s good name into the ground and then some. (This might also include the accuser, who apparently wanted to remain anonymous to the public.) And anyone who does not realize that the whole thing was about Roe v. Wade needs a serious wake-up call. SCOTUS is now a majority pro-life bench… The Leftists are terrified, they are wounded, and therefore they are extremely dangerous. Whom will they come for next to safeguard the great sacrament of the Canaanites? Me? You? Your parish priest? Your bishop? The pope? Be on your guard.

Lesson #7: Sometimes it’s just not worth it

“Reception is according to the mode of the receiver,” goes the old adage. The screaming banshees near the senate gallery, the protesters pathetically clawing at the 13-ton doors of the Supreme Court, or even the folks chanting trite little poems out on the street, are not going to be convinced by reason anytime soon. (Although, to be fair, some of them turned out to be paid to protest, so maybe they could be reached.) They feel like such-and-such is true, and that’s enough for them. Or it’s politically convenient for such-and-such to be true, and that’s enough for them. It doesn’t matter what the actual evidence is…

These people are incapable of being reasoned with, at least for the moment. As St. Thomas would say, it is like arguing with a vegetable. So, what to do? Let the banshees scream, and just do what needs to be done. Maybe eventually they can be reached, but not right now.

Plenty of people are so unbelievably angry with the Church that it is just not the right time to reach them. Some people are angry with moderate jurisprudence for accused clerics. So be it – let them be angry, and meanwhile let’s focus on doing what is truly just. Justice, by the way, is one of three goods which allows for grave scandal, in St. Thomas’ mind, the others being life and teaching right doctrine.

Lesson #8: Beware of false friends

There are many snakes in the grass who are willing to hurt good people by lying about them or otherwise damaging their reputation… Some of them are or have been “friends.”

People who are counting on secular Grand Jury reports to “fix the Church” might be falling into such a trap. Remember that Judas was not only a traitor to his Friend, but he also trusted the government too much. The two sins went together.

It is His Church, not the country’s.

Enough said.

Lesson #9: Men are seriously vulnerable in the #metoo era

This is especially true for priests. I once heard of a bishop who had a policy when he was around kids (which I suppose for him would only be at major public events), which was this: at all times, have one hand on the crosier, and one hand on the pectoral cross… Thus he protected himself from accusations. And many good clergy live in this kind of fear, a fear which is becoming less and less neurotic as the moral panic increases among the laity. They need our support, and anything we can do to help protect them is good – help them retain plausible deniability (like appropriately reminding them of diocesan CYP policies, not putting them in situations where they could easily be accused “credibly” by a mischievous kid, etc.), encourage them to stay beyond all reproach, tell them you trust them. It all helps.

It might also be worth it for clergy to take a cue from Justice Kavanaugh, who has kept a rather meticulous personal calendar for decades (remarkable!) which he produced in favor of his innocence… Names, places, times, activities. Tell your secretary to keep all of it on file, and to correct it if there are any missed appointments, unexpected events, etc. by making a special note. I know I’m considering doing this.

Lesson #10: God alone is the Just Judge

Any human justice system is going to be imperfect. There will always be procedural rules about due process which occasion the protection of real criminals. There will always be innocent people wrongly accused who are found guilty in a fair trial.

History, strictly speaking, can never be demonstrated. We will never be totally sure about what happened in some house in suburban D.C. 36 years ago. We will never be totally sure about the veracity of any accusation of a crime, as in the end it could always have been a carefully crafted hoax to get someone framed, or an unrealistic truth. And yet we need to do our best anyway.

God, however, does not investigate – He knows, and His judgment is always just.

No, “pressure” to resign from the papacy does not make resignation invalid…

August 29, 2018August 29, 2018 Christian Renaissance Movement

Eamonn Clark

Look. I’m not a professional canon lawyer. But two days in a row now even I have been able to point out some whoppers, both involving juridical validity.

It’s been irresponsibly suggested that “some canon lawyers” (who?) say that if a pope resigns due to scandals, he “cannot be said to have made his decision of his own free will – even if he insists that he is doing so.”

As the kids say these days – lolwut?

Even though the Holy Father apparently has said he has no intention of resigning, he is an unpredictable man, isn’t he. So let’s take a look at this important topic anyway.

Okay, so just a few questions to start us off… Since when is there a legal definition of “scandal”? And who determines whether there is such a “scandal”? And wouldn’t it be reasonable to assume that a person who sees danger and ineffectiveness coming for him due to a scandal would truly want, as an authentic good, to leave office?

If it is true that scandal precludes the resignation of office, it would mean that the person is stuck there, even if due to his own sins and the real good of the Church requires his resignation. On what planet is this a juridic reality? The fact is that there are always scandals and pressures facing popes which would incline them to leave office, many of which are unknown to most people. So is every papal resignation therefore invalid?

No, of course not. As my own professor of canon law told our class, one of the important tools in reading and interpreting canon law is common sense.

Let’s go through the text, shall we? My comments in bold.

Can. 187 Anyone responsible for oneself (sui compos) can resign from an ecclesiastical office for a just cause. Obviously, the pope is such a person. Note that mounting scandals and ineffectiveness due to pressure to resign would certainly constitute a “just cause.”

Can. 188 A resignation made out of grave fear that is inflicted unjustly or out of malice, substantial error, or simony is invalid by the law itself. This means that, even if there is grave fear on the part of the office holder, that fear must be caused by a serious threat to that person which violates justice in its mode or in its end… We could quibble about exactly what “unjustly” and “out of malice” mean, (and it’s unclear to me if “out of malice” is its own clause – perhaps so) but at present, there seems to be nothing but serious complaints and demands for answers. No threats against the life or liberty of the person of the Holy Father.

…

Can. 332 …

§2. If it happens that the Roman Pontiff resigns his office, it is required for validity that the resignation is made freely and properly manifested but not that it is accepted by anyone. The key here is how to interpret the word “freely.” As we have seen, grave fear of being an ineffective pastor or of harming the Church through giving scandal would not suffice to inhibit freedom in the proper way, even for holders of a “normal” office. The office of the papacy, however, is not a normal office – it is the supreme office of the Church militant – and so even more stringent requirements would seem to obtain with regards to proving who seems to be the pope isn’t the pope or who seems to have left the papacy has not.

…ah but wait – let’s go back a few hundred canons…

Can. 14 Laws, even invalidating and disqualifying ones, do not oblige when there is a doubt about the law. When there is a doubt about a fact, however, ordinaries can dispense from laws provided that, if it concerns a reserved dispensation, the authority to whom it is reserved usually grants it. So since there is at least a serious argument to be made that “scandal” and “pressures” do not of themselves suffice to render a resignation null when it is properly manifested, there is at least doubt about the law. This subjects the invalidating law, c. 332 §2, to a “stricter” interpretation. Any claim must overcome the arguments provided.

What, then, might actually render an attempted resignation invalid due to a restriction of freedom? Well, the pope could not be tortured to procure a resignation, for example. He also could not reasonably be presumed free when publicly and presently threatened with death or imprisonment by those with clear means to procure either. Anything like this, in which an invalidating pressure is manifest to all reasonable persons, when the Holy Father actually manifests an intention to resign it would indeed be invalid. Otherwise, we have at a minimum a doubtful application of law, which, especially given the importance of the office, should therefore be subject to strict interpretation, as explained above.

Therefore, the Pope is perfectly free to resign, no matter how bad the scandal gets.

Well, that’s my basic argument. Someone will have to show me where I’m going wrong, if indeed that’s the case. We didn’t even get into c. 17… That would be important too.

Text and context.

No, campaigning for a pope does not invalidate the conclave…

August 28, 2018December 31, 2022 Christian Renaissance Movement3 Comments

Eamonn Clark

I don’t want to comment on the escalating rhetoric stemming from the letter from the letter of Abp. Viganò… I do want to comment on the escalating fear that campaigning for a pope pre-conclave (or at least before “sede vacante”) invalidates the election.

It does not.

The argument goes like this: it’s an excommunicable offense to campaign for a pope (at least before the Holy See is vacant), a number of cardinals did this (the “St. Gallen’s Mafia” as it’s called), those excommunicated cardinals had invalidated themselves from voting, and therefore the last conclave was invalid.

Wrong, wrong, wrong. And it is irresponsible of people with only a passing familiarity with canon law to be going about spreading such a serious claim.

Here’s what the documents say.

From Universi Dominici Gregis, the document with the special procedural rules for conclaves:

“The Cardinal electors shall further abstain from any form of pact, agreement, promise or other commitment of any kind which could oblige them to give or deny their vote to a person or persons. If this were in fact done, even under oath, I decree that such a commitment shall be null and void and that no one shall be bound to observe it; and I hereby impose the penalty of excommunication latae sententiae upon those who violate this prohibition. It is not my intention however to forbid, during the period in which the See is vacant, the exchange of views concerning the election.”

So, electors are forbidden from what we might call “serious” campaigning. It seems they would not be forbidden from simply expressing desires to each other, or discussing pros and cons. Anyway, for the sake of argument, let’s imagine this prohibition was indeed violated by a number of electors, and despite the litany of conditions which make such penalties very difficult to incur, they’ve really been excommunicated by their acts of “campaigning.” Then what?

In the Code of Canon Law, we find:

“Can. 10 – Only those laws must be considered invalidating or disqualifying which expressly establish that an act is null or that a person is effected.”

AND:

“Can. 1331 §1. An excommunicated person is forbidden:

…

3/ to exercise any ecclesiastical offices, ministries, or functions whatsoever or to place acts of governance.

§2. If the excommunication has been imposed or declared, the offender:

…

2/ invalidly places acts of governance which are illicit according to the norm of §1, n. 3″

So what this means is that, while excommunicated persons do indeed have the obligation not to vote in a conclave, that act now being illicit, in order for such an act to be invalid that excommunication must be declared. That’s why section 2 says “If the excommunication has been imposed or declared,” implying that if it hasn’t been declared (or imposed, not categorically but personally, ferendae sententiae), then the subsequent penalties don’t apply. Obviously, no such excommunications have been declared (i.e. made public by the proper authority), and so any campaigners, while doing something illegal and immoral, would be doing something which is valid.

See more here.

It was a valid conclave, whether the outcome was good or bad.

Clerical Celibacy: The Devil’s New Target

August 21, 2018August 21, 2018 Christian Renaissance Movement

Eamonn Clark

If you haven’t heard it yet, there is a silver bullet which will cure all the ills of the Church’s clergy… it will increase vocations, it will root out the sexual deviants, it will enhance ministry to spouses… it is the end of mandatory celibacy for priests.

With the outbreak of the recent abuse/gay scandal, and the Pan-Amazon Synod around the corner, it seems that the Enemy has revealed the game plan. Let’s see if we can make a compelling argument for keeping celibacy around.

There are three classical categories of value of celibacy in itself. In increasing order of importance, they are:

Economics
Witness
Union with God

Most are somewhat familiar with the economic problems with a married clergy. If not, here are a few of the issues.

Parishes would have to support an entire family rather than one or two priests – room, board, insurance, education, health, etc.
A lot of money would need to be invested in new seminaries to accommodate more seminarians (presumably, at least for a while,) and their families
It is difficult to split time and energy appropriately between one’s family and the parish – it often causes serious strain and burnout

Depending on how broadly one makes the “economic,” it could also include the psychological toll on the wife, who can be subject to intense scrutiny and gossip in the parish.

The other two nodes are more important but less appreciated. The value of celibacy as a witness to the reality of the future coming of Christ helps to mark our priests as special in the eyes of the world. And how uncomfortable it makes the worldly… After all, one of the daughters of lust is a loss of desire for the goods of Heaven. To compromise here would be to lose that power. Hold that thought.

The last node is almost entirely unheard of these days, but it centers around the imitation of Our Lord and the life of Heaven to come, which will not contain marriage, as He said Himself. (Mt. 22: 30) The celibate state allows a person to focus his or her efforts entirely on pleasing the Lord, directly, as it were, rather than indirectly through pleasing one’s spouse. This is just what St. Paul said. (1 Cor. 7: 32-35) It makes more room for charity, and the continual foregoing of the great good of marriage for God’s sake, especially under a vow, is its own special form of worship.

We can see how simpler economics leads to better witness, and better witness leads to quicker union. By freeing oneself for ministry, a person is more able to preach, teach, govern, sanctify, etc., meanwhile extracting a minimal amount of resources from the faithful (a reality which St. Paul continually drew attention to on his own part). It is clear that this brute fact of more availability due to celibacy is at least in part the reason why the vast majority of the Church is Latin, and not part of an Eastern Rite which generally allows for married priests. The Latin discipline has rendered an astonishingly greater number of disciples – celibacy is, after all, traditionally seen as the “hundredfold fruit” of the good soil. (Mt. 13: 23) This greater spiritual reaping naturally leads one closer and closer to the goodness of God, which disposes one for greater union in this life. This in turn should actually inspire increasing poverty and obedience, which should increase the amount and quality of witness, which should increase union, and so on. It’s a beautiful cycle.

But the challenges which celibacy faces today have mostly to do with the topic of witness. Let me break them down by stating the claims which one will hear today in various corners of the Church (and beyond, for whatever that’s worth):

Celibacy discourages vocations
Celibacy leads to adverse sexual behavior/deviance
Celibacy renders one less able to minister to couples as such

The first point is at issue in the upcoming Pan-Amazon Synod, which I have already written about at length here. The reality is that this short term gain will yield long term damage. The growth may indeed spring up at once, but over the years, the sun will dry out the plant, and the hundredfold fruit will disappear. The Amazon, and whatever other areas claim the same need for an exemption from universal law due to abysmal vocation numbers (viz., most of Western Europe), will likely have priests who, while more numerous, will be less interested in priestly work and less able to do it, meanwhile exacting a much higher tax on the faithful.

The second point is initially plausible. A great number of people can’t imagine living a life willfully without marriage without any pre-existing “condition” which renders one uninterested in the first place. Therefore, the people who do try to stick it out are left only with inappropriate vents for their pent up sexual urges. And so, most priests who aren’t already “off” become mentally ill and act out.

In response, we must consider a few things. First, the fact is that sex abusers almost universally are not “equals” with the ones they abuse. These people, if they wish to lead a public life, seek (or by nature have) positions of power over vulnerable potential victims. Coaches, teachers, older family members, etc. And of course there is the manipulation of the casting couch and other abuses of gate-keeping. The point is that the mental pathology is what creates these men’s desire for Holy Orders – it is an attempt to obtain power, prestige, and plausible deniability so that their twisted appetites can be satiated indefinitely. In other words, these men had “fauxcations.”

The other side of the coin is that the men with normal sex drives do not become monsters when those desires are suppressed. It is not a reasonable progression to go from a healthy sexual desire to homosexual and/or age-inappropriate desire. The natural progression would be to “normal” instances of acting out, such as flirtatious behavior, entertaining impure thoughts, etc. To suggest otherwise would be like saying that sustained dieting leads people to want to eat dirt or human excrement – yes, it will make the hunger go away, but it is repulsive to someone with a healthy appetite. There is simply no substantial evidence to suggest that there is a significant problem with good sexual desires turning toward homosexual or other abnormal perversion due to accepting celibacy as a state of life. These problems pre-exist in persons who have them, often due to having been abused themselves. The solution, therefore, is not to do away with celibacy, but to do away with those with these pathologies.

But suppose celibacy was indeed done away with as a requirement for priestly ordination in the Latin Rite. On top of the challenges already noted, given the current crisis of both homosexuality and abuse of minors, there is an obvious additional problem… Those few men who really do have the gift of celibacy and choose to use it (rather than just ignoring it) would each face an unwelcome public perception: “What’s wrong with you?” Because priests can marry, and these ones didn’t, they must be attracted to men or kids.

So much for that approach.

Finally, there is the strange suggestion that one without experience of marriage can’t very well minister to people approaching marriage or living it. I already addressed this kind of thinking here, but briefly, this thought bases itself at least on an insufficient understanding of the relationship between experience and wisdom. Of course experience can cause wisdom, but so can abstract learning. (Do you need to be a former Pro-Bowler to coach an NFL team to a Superbowl win? No.) A lot of that sort of knowledge can come through extended interaction with married people, especially in confession. Just as well, the healthy celibate has a privileged perspective on what marriage is, given that the desire remains and yet its fulfillment is foregone… When we fast from food, for example, we more easily understand its rightful place in relation to our lives here and hereafter – and the same can be said of marriage.

There is definitely a massive crisis in the clerical ranks surrounding the 6th Commandment. But lowering the bar is not the right approach… And if we do dispense with celibacy, either for specific regions like the Amazon or in universal law, it seems it would be nearly impossible to go back.

“Do not move an ancient boundary stone set up by your ancestors,” says Scripture. (Prov. 22: 28) Food for thought.

Some Dogmatic, Canonical, and Moral Questions to Ponder

August 9, 2018 Christian Renaissance Movement3 Comments

Eamonn Clark

Given the past few years of theological disputes, several questions have proposed themselves as needing more serious attention, either in explanation of or exploration for the correct answers. Except to suggest the use of one particular theological tool, I don’t have any purpose here other than to say what some (but not all) of these questions are and to give them a definite shape in the hopes of helping them to be more effectively addressed. Here we go…

How do we determine what is infallibly taught by the ordinary magisterium and what is fallibly taught by the ordinary magisterium?
Even if something is certainly taught fallibly by the ordinary magisterium, how do we know if it is still binding through demanding “religious assent”?
What is the moral significance of failing to adhere to various kinds of positions taught with varying degrees of frequency, strength, and recentness?
To what degree, if any, are theologians exempt from such demands and their corresponding moral penalties?
Who exactly belongs to this supposedly exempt category called “theologians”?
When does it become morally acceptable for theologians to presume to correct a legitimate ordinary magisterial organ, in various degrees of publicity?
What is the exact significance and character of the extraordinary magisterium if it can only teach what has already been taught by the ordinary magisterium?
Can a practice of the Church or its encouragement of a practice establish a speculative doctrine to one degree or another, other than with regard to the liturgy and the sacraments?
What is the authoritative character of prudential utterances of the Holy Father or his legitimate direct cooperators (such as the CDF) when the matter of the utterance actually belongs most properly to the discretion of a legitimate civil authority?
Is there a good solution to so-called “conflict marriage” annulment cases in which the petitioner is unable to produce witnesses due to a legitimate obstacle (such as the witnesses being dead)?
What level and kind of ignorance of the Church’s legal system and its legitimate demands upon oneself would suffice to remove some or all of the formal aspect of sin from one’s materially sinful union?
If there is a possibility of a complete or partial excuse of moral culpability due to ignorance of canon law’s legitimate demands upon oneself with regard to marriage which can be privately ascertained by a sacred minister, how ought such persons be sacramentally ministered to, whether publicly or privately?
Aside from the general application of c. 915, and independent of the question of culpability for cohabitation and bigamy themselves, under what circumstances, if any, is it possible that to leave a person in ignorance about the moral necessity of an annulment, for which he or she is privately judged to be at least partially culpable, constitutes a legitimate condescension to a perceived likelihood of being unwilling to cooperate and thus likely leading to even worse sin?
What is the exact character and efficacy of a so-called “spiritual communion” for those who persist in mortal sin?

These aren’t “ivory tower debates.” Some of these questions, as I have implied in previous posts, could be helped by a more common use and further refinement of the Church’s system of “theological notes.”