Some Dogmatic, Canonical, and Moral Questions to Ponder

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…

  1. How do we determine what is infallibly taught by the ordinary magisterium and what is fallibly taught by the ordinary magisterium?
  2. Even if something is certainly taught fallibly by the ordinary magisterium, how do we know if it is still binding through demanding “religious assent”?
  3. What is the moral significance of failing to adhere to various kinds of positions taught with varying degrees of frequency, strength, and recentness?
  4. To what degree, if any, are theologians exempt from such demands and their corresponding moral penalties?
  5. Who exactly belongs to this supposedly exempt category called “theologians”?
  6. When does it become morally acceptable for theologians to presume to correct a legitimate ordinary magisterial organ, in various degrees of publicity?
  7. 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?
  8. 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?
  9. 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?
  10. 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)?
  11. 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?
  12. 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?
  13. 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?
  14. 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.”