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To: Hieronymus
According to Regula juris XXX in Sexto, "In obscuris, minimum est sequendum" ("In things which are obscure, the minimum is to be followed") promulgated by Pope Boniface VIII in 1298 and still a guidepost of sound canonical interpretation according to canons 17 and 18 of the Code of Canon Law, the canonist cannot conclude that the Magisterium has imposed the stricter interpretation regarding the formulation, namely that application of the death penalty is morally illicit in principle, or "intrinsically evil." 

If papal approval is not granted in forma specifica, then it is deemed in canon law to have been given in forma communi. Consequently, one cannot, strictly speaking assert in canon law that the Pope is the author of the change that has been made to the Catechism, even though it has been confirmed by Cdl. Ladaria in the newly released Letter of the Congregation for the Doctrine of the Faith to the Bishops of August 1, 2018 that Pope Francis did request that paragraph no. 2267 be modified according to his indications. Cf. Letter, in OR, August 3, 2018, page 8.

Canonical Effect of the Change. Since prudential judgments are referenced expressly in substance in canon 747, § 2 of the Code of Canon Law ("to render judgment concerning any human affairs insofar as the fundamental rights of the human person"), and since one cannot be bound by the stricter interpretation positing that the Roman Pontiff has ordered that the death penalty be held henceforth as an intrinsically evil act, by reason of the ambiguity of the novel term "inadmissible," the norms of canons 750, §§ 1 or 2, or 752 CIC, cannot be applied to bind the Catholic faithful under penalty, neither pursuant to canons 1364 or 1371, 1°, because we're not dealing here with a doctrine governed by canons 750, § 2 or 752, nor in conformity with canon 1371, 2° CIC, because no singular precept or prohibition imposed upon a Catholic with canonical admonition having been duly issued to him and violated is at issue, for the new formulation approved by Pope Francis enunciates a change in the prudential judgement of a general nature contingent upon perceived changes in the temporal circumstances of the State's ability to safeguard the peace.

The Devil Is in the Details: Pope Francis Changes Catechism on the Death Penalty

10 posted on 02/28/2020 6:22:11 PM PST by ebb tide (We have a rogue curia in Rome.)
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To: ebb tide

Yeah—that’s how I recall things.

Paragraph 2267 of the CCC was messed around with. He didn’t do squat to CIC.

There are bits of CIC that give principals that can be applied to the discussion but we aren’t in the end dealing with an issue in the CIC, just the CCC.

He also messed with the E.C.

Francis doesn’t manage to break everything every day.

He isn’t that smart or energetic. Don’t let him drive you mad.


11 posted on 02/28/2020 6:30:50 PM PST by Hieronymus ("I shall drink--to the Pope, if you please,-still, to Conscience first, and to the Pope afterwards.")
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