Thursday, 23 December 2021

RORATE CÆLI: IMPORTANT ARTICLE: LEGAL CONSIDERATIONS ON THE RESPONSA ON TRADITIONIS CUSTODES - "Congregation cannot make authoritative interpretations. Juridical status of document highly questionable, does not have legally binding force."

RORATE CÆLI: IMPORTANT ARTICLE: LEGAL CONSIDERATIONS ON THE RESPONSA ON TRADITIONIS CUSTODES - "Congregation cannot make authoritative interpretations. Juridical status of document highly questionable, does not have legally binding force."

IMPORTANT ARTICLE: LEGAL CONSIDERATIONS ON THE RESPONSA ON TRADITIONIS CUSTODES - "Congregation cannot make authoritative interpretations. Juridical status of document highly questionable, does not have legally binding force."

As a consequence, this Congregation cannot make authoritative interpretations. Responses, in particular this document, are neither general decrees nor instructions (canons 29-34). Such responses to dubia are not binding executive decisions. While the CDWDS has noted that their responses are official and represent the mens Congregationis, they should be seen as just that - an expression of the mind of the Congregation. Since these Responsa do not appear to have been approved "in forma specifica" by the Holy Father, they would not have binding force, and would only bind those who posed the dubia. Despite this document being "consented to" by the Holy Father, the juridical status of this document is highly questionable, and thus cannot be considered as having legally binding force. Some have even stated that the document is "vox et praeterea nihil."
Beyond the futility of attempting to ban the classical texts of the Roman Rite by brute force, the texts, as Fr. John Hunwicke notes, have an auctoritas which stems from their theological value, and thus cannot be suddenly revoked at legislative fiat. The theology of St. Bernard of Clairvaux, the writings of St. John of the Cross or Ste. Thérèse de Lisieux, the art of the great cathedrals - all of these monuments of the Catholic heritage cannot be revoked at will - a fortiori by those who do not possess legislative powers. Sheer force of will cannot ban sacred texts and prayers which have formed minds and wills unto sanctity.

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