Does "Traditionis Custodes" Pass the Juridical Rationality Test? (Os Justi Studies in Catholic Tradition)
Rivoire FSVF, Fr. Réginald-Marie
Language: English
Published by Independently published, 2022
Series: Book 2 of 16 - Os Justi Studies in Catholic Tradition
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- Title
- Does "Traditionis Custodes" Pass the Juridical Rationality Test? (Os Justi Studies in Catholic Tradition)
- Author
- Rivoire FSVF, Fr. Réginald-Marie
- Publisher
- Independently published
- Publication year
- 2022
- Condition
- Very Good
- Binding
- paperback
- Language
- English
- ISBN 13
- 9798362804633
- Series
- Book 2 of 16: Os Justi Studies in Catholic Tradition
The inaccuracies, difficulties of interpretation, and problems of concrete application of Traditionis Custodes have meanwhile raised many questions among canonists, pastors, and institutes whose proper law binds them to the liturgical forms of the Latin tradition. The present tract, written by canon lawyer Fr. Réginald-Marie Rivoire, F.S.V.F., undertakes a careful canonical reading of these documents, chiefly from the point of view of their juridical rationality. It is well known that rationality is one of the essential characteristics of a legal norm, such that strictly speaking, an irrational norm is not a norm and does not bind.
The tract first considers the legal status of the documents; then, the affirmation at the heart of this whole legal apparatus and its raison d’être, namely, that the liturgical books promulgated by Paul VI and John Paul II are the sole expression of the lex orandi of the Roman Rite; and finally, the way in which numerous fundamental principles and precepts of canon law are undermined by the new norms.
***The revised edition includes a 10-page addendum on (among other things) the implications of the "Rescript" released by Cardinal Roche on February 20, 2023.
ABOUT THE AUTHOR: Fr. Réginald-Marie Rivoire of the Fraternity of St. Vincent Ferrer is a graduate of the Institut d’Etudes Politiques of Paris and holds a doctorate in canon law from the Pontifical University of the Holy Cross in Rome. He is the Master of Novices at the Friary of St. Thomas Aquinas in Chémeré-le-Roi and Defender of the Bond and Promoter of Justice at the ecclesiastical Tribunal of Rennes. He teaches canon law in various religious institutes.
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