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Heresy in Canon Law? - CounterRevolutionary - 09-11-2015

Does anyone else find this new wording more than troubling:

Old Canon:
CanonĀ  1676 Before accepting a case and whenever there is hope of a favorable outcome, a judge is to use pastoral means to induce the spouses if possible to convalidate the marriage and restore conjugal living.

New Canon:

Canon 1675. Iudex, antequam causam acceptet, certior fieri debet matrimonium irreparabiliter pessum ivisse, ita ut coniugalis convictus restitui nequeat.

Canon 1675. The judge, before he accepts a case, needs to be sure that the marriage is irretrievably failed, so that it is impossible to restore conjugal living.


Re: Heresy in Canon Law? - charlesh - 09-11-2015

Yes. What is a "failed marriage"? Sounds subjectivist.


Re: Heresy in Canon Law? - Poche - 09-11-2015

(09-11-2015, 12:26 AM)CounterRevolutionary Wrote: Does anyone else find this new wording more than troubling:

Old Canon:
CanonĀ  1676 Before accepting a case and whenever there is hope of a favorable outcome, a judge is to use pastoral means to induce the spouses if possible to convalidate the marriage and restore conjugal living.

New Canon:

Canon 1675. Iudex, antequam causam acceptet, certior fieri debet matrimonium irreparabiliter pessum ivisse, ita ut coniugalis convictus restitui nequeat.

Canon 1675. The judge, before he accepts a case, needs to be sure that the marriage is irretrievably failed, so that it is impossible to restore conjugal living.
No, because in the first instance if there is hope of a positive outcome then the judge would encourage a reconciliation. In the second instance this implies that there is no hope of a positive outcome.