Lex Dubia Non Obligat -- Against an Unjust Law and Legal Positivism Which Has Penetrated the Church

Lex Dubia non Obligat

By Roberto de Mattei

The case of the Franciscans of the Immaculate Conception church brings a canonical, moral and spiritual issues back on the agenda, which often arrested in the post-Conciliar years and occasionally "exploded": the problem of obedience to an unjust law. A law can be unjust not only when it violates the law of God and nature, but even if it hurts a canon law of a higher rank in the legal hierarchy. This is the case with the decree of 11 July 2013, by the Congregation for Consecrated Life , putting the Franciscans of the Immaculate Conception under provisional administration.

The violation of the law is not in the provisional administration, but in the part of the decree, that claims to force the Franciscan Friars of the Immaculate to waive the celebration of the Holy Mass according to the traditional Roman Rite. In addition to the Bull Quo Primum of St. Pius V (1570) there is the Motu Proprio Summorum Pontificum of Pope Benedict XVI. (2007), and thus a universal Church law that gives every priest the right to:

Accordingly, it is allowed, according the sacrifice of the Mass of Blessed John XXIII. promulgated in 1962 and never abolished typical edition of the Roman Missal, to celebrate the Extraordinary Form of the Liturgy of the Church.

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