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QUESTION 8
SHOULDN'T WE ACCEPT THE 1983 CODE
OF CANON LAW ? |
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The
1983 Code of Canon Law |
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A code is a collection
of laws, each one being an order of the competent authority:
each canon in the 1917 Code of Canon Law was a law of
Benedict XV, and each canon in the 1983 Code of Canon Law
(commonly called the "New Code") is a law of Pope John Paul
II.
For Pope John Paul II,
the purpose of the 1983 Code of Canon Law is the
expression of the Second Vatican Council’s new ecclesiology (i.e.,
the new understanding that the Church has of her nature and
mission) in canonical language, and it must be understood
always in the light of Conciliar teaching. Sacra
Disciplinae Leges, January 25, 1983
But
Vatican II adulterated Catholic
teaching. |
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We must, therefore, suspect the new legislation of codifying the same errors and so be ready not to accept all its “laws,” [PRINCIPLE
9] but only those which
do not evidently compromise Catholic teaching on faith or morals. |
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For the most part, we may regret the loss of clarity, precision and integrity the
1917 Code of Canon Law had, but that is insufficient reason to
reject these canons.
THERE ARE A FEW NOVELTIES, THOUGH, WHICH MUST BE REJECTED:
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Canon 844, §4 allows the administration of penance, anointing of the sick, and even holy communion to non-Catholics who manifest
“Catholic faith” (vs.
PRINCIPLE
7) in these sacraments.
This used to be considered a mortal sin and was gravely forbidden
(1917 Code of Canon Law, canon 731, §21) because it implicitly denies the
dogma, “Outside the Church, no salvation” (PRINCIPLE
2).
This is an inadmissible surrender to modernist
ecumenism.
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The 1917 Code of Canon Law |
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Canon 1055, §1 no longer defines marriage by its primary end, the procreation of children, but mentions this only after a secondary end, the good of the spouses. And this latter, as we can see in the light of annulments now given, has become the
essence of marriage [vs.
PRINCIPLES 5 & 6]: the partners
give each other their whole selves (and not just “the exclusive and perpetual right over the body of the partner as regards the acts capable in themselves of generating offspring,”
1917 Code of Canon Law, canon 1081, §2) for their self-fulfillment in wedlock (canon 1057, §2).
There is considered to be no marriage where one spouse cannot provide the other this help (canon 1095, 20 and 30, canon 1098, etc.,
cf. canon 1063, 40). Whence today’s annulments’ fiasco: in the United States, for example, there were 338 annulments granted in 1968; there
were 59,030 in 1992.
Hence grave doubts are to be held concerning the annulments issued by Novus Ordo
tribunals.
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Canon 336 codifies the collegiality of Vatican II. The
“college of bishops,” a 20th century invention, is now made a
permanent subject, together with the pope, of supreme and full power over the Universal Church. A bishop, moreover, participates in this universal jurisdiction
by the mere fact of his consecration (cf. canon 375, §2).*
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*This
becomes all the more disconcerting when one considers the recognition now
given by the Vatican to the Orthodox bishops. Cf., Pope Paul
VI:
It is on the heads of the
Churches, of their hierarchy, that the obligation rests to guide the Churches
along the way that leads to full communion again. They ought to do this
by recognizing and respecting each other as pastors of the flock of Christ
entrusted to them...
Quoted at Balamand, by the Joint International Commission for the
Theological Dialogue between the Roman Catholic Church and the Orthodox
Church, Final Statement §18 cf., §14; Ut Unum Sint
§§50-63
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This collegiality tampers with the divine constitution of the Church, derogates from the
pope’s powers, and hampers his government of the
Church (and that of the bishops in their dioceses). “Episcopal Conferences” now assume authority, which thus becomes impersonal and
unanswerable.
These are but the most grave deficiencies; other defective points include the following:
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mixed marriages (canons 1125, 1127),
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diminution in censures (excommunication of freemasons, etc.),
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the teaching of St. Thomas Aquinas is no longer strictly enjoined in seminaries (canons 251ff), and
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general absolutions are more readily available (canons 961-963, etc.).
In passing, it is interesting to note that for Pope John Paul II the
1983 Code of Canon Law has less weight than a Conciliar constitution. |
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