IRELAND
The Association of Catholic Priests
All over the face of the earth, there is a compelling hunger for justice and a persistent cry demanding respect for human rights. The Church hears the cry, responds with solemn pronouncements, and is a forceful advocate of human dignity. The Church, however, speaks not only with words but also with actions: it is called to proclaim the Good News with signs and symbols as well. Judicial proceedings within the Church are part of such signs and symbols ‑ so much so that it is important to look at how the Church deals with doctrinal disputes and then at the ideal of justice that modern jurisprudence has created. In doing so, we follow a venerable tradition: throughout its long history the Church has turned for legal wisdom to secular sources and it made ancient Roman law the very foundation of canon law.
On June 29, 1997, the Congregation for the Doctrine of Faith promulgated new procedural rules entitled ‘Regulations for the Examination of Doctrines.’ They have superseded the norms published in1971. The Explanatory Note issued by the Holy See stated: ‘After twenty‑five years of experience … it was decided to prepare new Regulations that might respond even better to the demands of the present day.’
By referring to ‘the demands of the present day’ ‑ demands of justice, obviously ‑ the document itself invites us to consider whether it meets them. The first part of this article will present the Regulations; the second part will compare them with the best principles of modern jurisprudence. Paul the Apostle wrote to the Philippians: ‘whatever is true, whatever is honourable, whatever is just … you must consider’ (Phil. 4:8).
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