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Counter Points in Canon Law (Paperback)
Loot Price: R253
Discovery Miles 2 530
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Counter Points in Canon Law (Paperback)
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Loot Price R253
Discovery Miles 2 530
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Reverend S B Smith is the author of a three volume work, 'Elements
of Ecclesiastical Law', which is an excellent resource for pre 1917
Code Canon Law. This work is A REPLY TO THE PAMPHLET "POINTS IN
CANON LAW" AND TO THE AMERICAN CATHOLIC QUARTERLY REVIEW OF
OCTOBER, 1878. ON page 76 of our Elements of Ecclesiastical Law, we
say that the Second Plenary Council of Baltimore is not approved in
forma specifica. Against this teaching the Pamphlet advances these
arguments: I. If the Baltimore Decrees be not confirmed in forma
specijica, (a) "they are no permanent standard of action for our
Bishops, and the latter, when ruling according to them, are at sea"
1; (b) "they are void at Rome," that is, "have not, even when
rightly interpreted, and rightly applied, any binding force
whatever" 2; (c) "are less convenient, and certainly of no more
binding force in case of an appeal, than mere diocesan
enactments"3; (d) "the Pope's command that the decrees should be
inviolably observed is a mere empty formula presuming nothing." 4
2. If the Baltimore Decrees be not confirmed in forma specijica, it
is (as we ourselves hold in our Elements, page 76) allowed to
appeal to the Sacred Congregation of the Propaganda against them.
But decrees against which an appeal may be made" are void at Rome,"
"are no permanent standard of action," etc. Therefore, etc.
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