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Skriven 2006-01-30 10:56:52 av Marc Lewis (1:396/45)
Ärende: Vatican Information Service - Press Release
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                The following press release is Copyrighted by the
                          Vatican Information Service.
                ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
                               VIS-Press releases

LAW AND PASTORAL CARE UNITED BY LOVE FOR TRUTH

VATICAN CITY, JAN 28, 2006 (VIS) - This morning, the dean, judges, promoters of
justice, defenders of the bond, officials and lawyers of the Tribunal of the
Roman Rota, were received by the Pope for the occasion of the inauguration of
the judicial year.

In his remarks to them, the Pope recalled how part of John Paul II's vast
legacy of teachings on the subject of canon law is contained in the Instruction
"Dignitas connubii" concerning the procedures to be followed in causes of the
nullity of marriage. "The greatest contribution of this Instruction, which I
trust is fully applied by ecclesial tribunals, consists in indicating the
measure and manner in which, in causes of the nullity of marriage, the norms
contained in the respective canons ... should be applied, while observing the
special norms for causes concerning the state of persons, or for causes
concerning the public good."

The Pope pointed out that, during last October's Synod on the Eucharist, the
Synod Fathers had "called on ecclesiastical courts to make every effort to
ensure that members of the faithful not canonically married may, as soon as
possible, regularize their domestic situations" and so resume communion. On the
other hand, he continued, "canonical legislation and the recent Instruction
would seem would seem to place limits on that pastoral proposal, as if the
principle concern were to fulfil the legal formalities, while losing sight of
the pastoral aims of the legal process. Concealed behind such an approach is a
supposed conflict between law and pastoral care in general."

"In this my first meeting with you," Pope Benedict went on, "I prefer to
concentrate on an aspect that represents the main point of agreement between
law and pastoral care: love for truth." In this context, he highlighted how
"the aim of a court hearing is the declaration of truth by an impartial third
party," after both sides have been offered a chance to present their case "in
an appropriate space for discussion. ... All legal systems must tend, then, to
ensure the objectivity, timeliness and effectiveness of the judges' decisions."

The Holy Father then proceeded to point out how the courts can find themselves
dealing with matters "that lie beyond the domain of the parties concerned, in
as much as [such matters] concern the rights of the entire ecclesial
community." It is in this field that "causes for declaring the nullity of
marriage fall. Indeed, marriage in its dual dimension - natural and sacramental
- is not something of which the spouses can dispose at will nor, given its
social and public character, is it possible to imagine some form of
self-declaration."

After emphasizing that "no court hearing is per se 'against' the other party,
as if the aim were to inflict some form of unjust punishment," the Pope said:
"The aim of the hearing is, on the contrary, to declare the truth concerning
the validity or invalidity of a specific marriage; in other words to pronounce
on the reality that lies at the very foundation of the institution of the
family, and that is of maximum concern to the Church and to civil society."

The Holy Father then pointed out how "the criterion of the search for truth"
leads us to consider another aspect of the legal question: "its pastoral value,
which cannot be separated from the love for truth. Indeed, it can happen that
pastoral charity sometimes becomes contaminated by complacent attitudes towards
others. Such attitudes may seem pastoral, but in reality they do not respond to
the good of individuals, or to that of the ecclesial community."

"The truth sought in causes of the nullity of marriage is not ... an abstract
truth, one completely removed from the good of individuals. It is a truth that
is an integral part of the human and Christian journey of each faithful. Thus,
it is extremely important that the declaration [of that truth] should come
about in a reasonable span of time."

The Pope also stressed the grave obligation to "bring the institutional
activity of the Church in her tribunals ever closer to the faithful," the need
to "seek to prevent nullity of marriage," and the importance of "efforts to
help spouses resolve their difficulties and find a way of reconciliation."

"I hope that these reflections," he concluded, "serve to help you better
understand how the love for truth links the institution of canonical causes of
the nullity of marriage with the authentic pastoral sensibility that must
animate such causes. Seen in this light, the Instruction 'Dignitas connubii'
and the concerns that emerged from the recent Synod, are in complete harmony."
AC/.../ROTA ROMANA VIS 060130 (780)

SUMMARY

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