Persistent Disobedience to Church Authority: History, Analysis and Application of Canon 1371, 2

Canon 1371, 2 calls for a just penalty to be imposed upon one who is persistently disobedient to a command or prohibition imposed by the apostolic see, an ordinary or other superior. With the goal of arriving at an authentic understanding of the canon, this work begins with a study of the fonts attributed to it, consisting of decisions rendered by pope or a dicastery. A historical approach continues in chapter two, with an examination of relevant CIC 1917 legislation. In addition to a detailed analysis of canon 1371, 2 this work considers jurisprudence of the Roman Curia, presented under the themes of disobedience to the Apostolic See or to one’s ordinary; the value and importance of obedience; the need for competent authority to be vigilant and intervene when necessary; and now this intervention can serve as a pastoral instrument for the salvation of souls. This work also undertakes a contemporary and practical reading of canon 1371,2 pointing out that the precept or prohibition imposed must be legitimate, that persistent disobedience must be present, and that the imposed penalty is to be just. It offers conclusions as to why the canon is important for the Church today. Obedience to competent authority on the part of the Christian faithful provides a healthy example to those outside the Church and can help protect the faithful. Proper implementation of what is called for in canon 1371,2can prevent more grave disobedience in the future and promote good order in the Church.