Peter Kwasniewski, responding to my previous post, says:
Jimmy Akin wrote a reply to some stray comments of mine on Facebook, and I therefore owe him and my readers at least a brief response. (In the coming days, you can expect to see a more robust rejoinder or two made to all of our critics; it will be worth the wait.)
He then says:
There are two problems with Akin’s argument.
Let’s look at both of them.
Kwasniewski’s First Argument: The Possibility of Observing the Commandments
He writes:
1) The letter certainly contains charges that fulfill even Mr Akin’s definition of the requirements for the delict of heresy. Most obviously the first one:
“A justified person has not the strength with God’s grace to carry out the objective demands of the divine law, as though any of the commandments of God are impossible for the justified; or as meaning that God’s grace, when it produces justification in an individual, does not invariably and of its nature produce conversion from all serious sin, or is not sufficient for conversion from all serious sin.”
This rests on the dogmatic pronouncement of the Council of Trent, session 6, canon 18:
“If anyone says that the commandments of God are impossible to observe even for a man who is justified and established in grace, let him be anathema” (DH 1568).
The initial quotation (“A justified person has not the strength . . .”) is not a quotation of Pope Francis. It is a construction of the authors of the Open Letter, whose meaning they attribute to Pope Francis. They only later quote Pope Francis’s words in an attempt to justify their initial paraphrase, and they do not provide argumentation as to why we should take his words in the sense they attribute to him.
This is a flaw in the drafting of the Open Letter. It would be better if they had used Pope Francis’s own words and contrasted them directly with the quotation from Trent, providing exegesis as to why we must understand something Francis said as contradicting Trent. This they do not attempt.
They also fail to provide the needed analysis of Trent’s statement. The use of the penalty of anathema, in this case, indicates that Trent is making an infallible definition. However, as I document here, it does not indicate that Trent is saying this matter is divinely revealed and thus a dogma. More than a mere use of “anathema” is needed for that.
It is possible for the canon to be understood as asserting a truth known by reason or “founded upon” Scripture without being directly contained in divine revelation (see my previous documentation). I can think of arguments on both sides of the issue.
Whatever conclusion one might draw based on them, this canon will not sustain a successful charge of heresy against Pope Francis.
To see why, we need to do the work that the authors of the Open Letter failed to do—i.e., to conduct an exegesis of the relevant texts.
In the first place, we need to understand Trent. As is regularly underscored in textbooks on magisterial statements, the decrees of ecumenical councils must be understood in terms of the problems that they were addressing. The same is true of Scripture. Only after this step is completed can we relate what they have to say to problems raised in later ages.
So, what was Trent combatting in this canon? Basically, there were Protestant authors who were saying that it was altogether impossible for a justified man to observe God’s commandments. Some went as far as saying that every single thing a person did was mortal sin.
Trent’s concern is to reject this error and affirm that it is possible for “a man who is justified and established in grace” to observe God’s commandments.
Note the inclusion of the phrase “and established in grace.” This means that factors in addition to justification are needed for a man to observe God’s commandments. This is proved by canon 22, which reads:
If anyone says that without God’s special help a justified man can persevere in the justice he has received or that with it he cannot persevere, let him be anathema (DH 1572, emphasis added).
In other words, the just man requires God’s “special help” (Latin, speciali auxilio) to observe the commandments. This is what is meant in canon 18 when it refers to the just man being “established in grace.” Trent thus is not saying that justification alone provides this ability.
Trent also is assuming the usual conditions needed for mortal sin are met. It is talking about people who are capable of performing human acts, and who thus have adequate consent and knowledge. It is not talking about people who are deprived of the needed consent or knowledge.
There is no guarantee here that God will ensure that the just always have the knowledge and freedom needed to avoid objectively grave sins. For example, there is no guarantee that a baptized child below the age of reason—who is justified by virtue of baptism—will always be able to avoid objectively grave sin. God does not guarantee, and Trent does not mean, that a baptized three-year old will always have the knowledge and freedom needed to resist the urge to run into oncoming traffic or eat something labelled “poison.”
Neither is there a guarantee that these will be the case for people at later stages of life. People can go senile. They can go insane. They can get brain damage. They can be incompletely or even erroneously catechized. There are all kind of things that can cause a just person to be deprived of the knowledge and freedom necessary to objectively observe the commandments.
None of those situations are covered by Trent’s definition, which is meant to deal with the situation of a just man who is established in grace, who possesses reason and is capable of performing human acts—i.e., who has sufficient freedom and knowledge.
So how does that relate to what Pope Francis said?
When the authors of the Open Letter attempt to document the error they attribute to him in the quotation above, they cite four texts (see Open Letter [A] 1, 9-11).
Three of these are quotations in which the Pope says things about Martin Luther and the Reformation. None of these even mention the issue at hand—whether it is impossible for a just man established in grace to observe the commandments. They are therefore inadequate to proving a charge of heresy on this point.
The remaining one is this:
Saint John Paul II proposed the so-called “law of gradualness” in the knowledge that the human being “knows, loves and accomplishes moral good by different stages of growth.” This is not a “gradualness of law” but rather a gradualness in the prudential exercise of free acts on the part of subjects who are not in a position to understand, appreciate, or fully carry out the objective demands of the law (Amoris Laetitia 295).
Here Pope Francis refers to John Paul II’s discussion of the law of gradualness in Familiaris Consortio 34. One can ask whether Pope Francis understands this principle in exactly the same way as John Paul II, but that’s not our question here. Our question is whether Pope Francis contradicts canon 18 of Trent’s Decree on Justification.
So, what can we say about that?
Unfortunately, the authors of the Open Letter have truncated Pope Francis’s remarks in a way that hides relevant context from the reader. To quote him more fully, he says:
This is not a “gradualness of law” but rather a gradualness in the prudential exercise of free acts on the part of subjects who are not in a position to understand, appreciate, or fully carry out the objective demands of the law. For the law is itself a gift of God which points out the way, a gift for everyone without exception; it can be followed with the help of grace, even though each human being “advances gradually with the progressive integration of the gifts of God and the demands of God’s definitive and absolute love in his or her entire personal and social life” (Amoris Laetitia 295, emphasis added).
The authors of the Open Letter omitted Pope Francis’s words stressing that God’s law is the same for everyone and that it can be kept with the help of grace! That’s precisely what Trent was saying!
This omission is so significant, given the error Pope Francis is being accused of, that it is difficult to avoid the conclusion that it was deliberately left out to deprive the Open Letter’s readers of information that would be damaging to the authors’ case.
Where Pope Francis goes beyond canon 18 is in calling attention to the fact that there are some situations, particularly at early stages of moral catechesis, where people “are not in a position to understand, appreciate, or fully carry out the objective demands of the law.”
But Trent didn’t deny that. It never said that the moment you’re justified you’re guaranteed divinely infused catechesis about the whole law of God. If that did happen, we wouldn’t need children to memorize the commandments or learn their meanings and applications as part of their catechism classes.
Trent assumed in canon 18 that we’re talking about a person who has the knowledge and freedom needed to place an authentically human act.
So, what if you get bad catechesis early in life and thus a late start on mature moral development?
In that case, you need to recognize the truth of God’s law, which “points out the way . . . for everyone without exception” and “can be followed with the help of grace,” even if this means that one “advances gradually with the progressive integration of the gifts of God and the demands of God’s definitive and absolute love in his or her entire personal and social life.”
That last quotation, which Amoris Laetitia gives, by the way, is also from John Paul II. It’s from Familiaris Consortio 9.
The Open Letter thus wholly fails to sustain a charge of heresy against Pope Francis on this point.
A Side Question from Louie Verrecchio
Although the authors of the Open Letter do not cite Amoris Laetitia 301 in relation to their first charge of heresy, Louie Verrecchio thinks it relevant. He quotes the passage as follows:
A subject may know full well the rule [divine law concerning the mortal sin of adultery], yet have great difficulty in understanding its inherent values, or be in a concrete situation which does not allow him or her to act differently and decide otherwise without further sin. (AL 301)
Given the analysis of Trent that we have already offered, part of the solution to Louie’s query is clear: When section 301 refers to the possibility of someone having “great difficulty in understanding its [the law’s] inherent values,” there is no conflict with Trent. The Council did not define that people will never have incomplete or bad catechesis, resulting in a malformed conscience.
But what about the statement that it’s possible a person may “be in a concrete situation which does not allow him or her to act differently and decide otherwise without further sin”?
What might that mean?
This could have been expressed more clearly—e.g., with the addition of a relevant example—but it is possible to imagine situations that the pope would see as fitting this description.
For example: Suppose that a person has been raised culturally Catholic but given no catechesis at all. Let’s suppose that it’s a woman from one of the favelas of Rio de Janeiro. She marries a man, but he beats her, and she divorces him. She then marries another man, without an annulment, and they have several children. He then starts beating her, too. She thinks about leaving him also, but he makes it clear that if she does so, he will kill both her and the children. In fact, she realizes that she will be in danger if she even stops sleeping with him.
At this point, out of desperation, she turns to God and has a religious conversion. She begins attending religious education classes at her local parish and discovers that she’s been living out of conformity with God’s law all this time.
There is certainly a way through this situation that—however difficult it may be—does not involve her sinning.
But at her present stage of moral catechesis, she may believe that her moral duty to protect the children and provide for their welfare is such that she believes it would be a sin for her to stop sleeping with this monster. She may thus believe that she is in “a concrete situation which does not allow him or her to act differently and decide otherwise without further sin.”
The situation I have proposed is extreme, but extreme situations help make points clear. That’s why they’re used in thought experiments.
Of course, however difficult it may be for her to discern, there is a way for her to deal with this situation without sin. God’s law never creates true double-bind situations.
But his permissive will allows situations to exist where it is very difficult to discern and follow the right path.
I take that to be what Amoris Laetitia means. Indeed, the context is one in which the document is discussing difficult situations that make it difficult to fully follow God—a process of discernment that “must remain ever open to new stages of growth and to new decisions which can enable the ideal to be more fully realized” (AL 304).
Given all of these factors, an orthodox reading of AL 301 is entirely possible. One cannot show from the text that Pope Francis is intending to teach that God’s law contradicts itself in such a way that there is literally no non-sinful option in some cases.
But if he’s not saying that, then he’s not saying that it’s impossible to keep the commandments.
AL 301 is thus not a suitable basis for sustaining a charge of heresy, even if canon 18 of the Decree on Justification is taken as establishing a dogma rather than just an infallible truth. You’d need something much more explicit and unambiguous to sustain a charge of heresy.
Kwasniewski’s Second Argument: Understanding Dogma
For his second argument, Kwasniewski writes:
2) Akin supposes that for a truth to be held of Divine and Catholic Faith, it must be expressly taught by the organs of the extraordinary magisterium as divinely revealed, but this is not so.
It’s not so, and Kwasniewski is misrepresenting me. The extraordinary magisterium does not have to be involved. The ordinary and universal magisterium can do it.
A truth should also be held with Divine and Catholic Faith if it is taught by the ordinary and universal magisterium as divinely revealed . . .
Correct. At this point, Kwasniewiski inserts a footnote, which reads:
He [Akin] verbally concedes this point but then restricts the definition of the ordinary and universal magisterium to a consensus of the episcopate so explicit that it would actually end up forming part of the extraordinary magisterium.
I do no such thing. The criteria for the ordinary and universal magisterium defining a point are as follows:
Although the individual bishops do not enjoy the prerogative of infallibility, they nevertheless proclaim Christ’s doctrine infallibly whenever, even though dispersed through the world, but still maintaining the bond of communion among themselves and with the successor of Peter, and authentically teaching matters of faith and morals, they are in agreement on one position as definitively to be held (Lumen Gentium 25).
Kwasniewski appears to confuse two issues: (1) the degree of consensus that exists among the bishops and (2) whether they are meeting in an ecumenical council. The latter is what is relevant to the bishops exercising the extraordinary magisterium; the former is not. There is no degree of consensus among the world’s bishops—however high it may be—that would turn an act of the ordinary and universal magisterium into an act of the extraordinary magisterium.
His assertion that I restrict the ordinary and universal magisterium “to a consensus of the episcopate so explicit that it would actually end up forming part of the extraordinary magisterium” appears to indicate that he does not know what these terms mean.
To resume:
. . . — and such truths are not (as Mr Akin falsely supposes) limited to those truths taught AS divinely revealed by the episcopate dispe[r]sed throughout the world . . .
Once again, Kwasniewski misrepresents me. I do not suppose that the ordinary and universal magisterium is capable only of defining something as divinely revealed. It’s not. It can also define various non-revealed truths, and it can define revealed truths as true–without defining them as divinely revealed (as Ratzinger and Bertone indicate it did with papal infallibility prior to Vatican I, which raised that infallible teaching to the status of a dogma).
However, if it does so, then it does not have to be held by divine and Catholic faith, only Catholic faith.
If you’re going to sustain a charge of heresy based on the ordinary and universal magisterium, you must show that the ordinary and universal magisterium has defined a truth “proposed as divinely revealed either by the solemn magisterium of the Church or by its ordinary and universal magisterium” (CIC 750 §1; cf. 751)—i.e., a dogma.
I would note that, in the Open Letter, the signatories nowhere appeal to the ordinary and universal magisterium. The term does not appear anywhere in the document. If they are reconfiguring their case to appeal to the ordinary and universal magisterium (as I, frankly, expected they would once criticism of the document started), then I take this as a recognition of the weaknesses and inadequacies of the initial case they presented.
. . . but also include anything taught directly in the literal sense of scripture (because both the ordinary and universal magisterium and the extraordinary magisterium have taught the inspiration and inerrancy of scripture), the unanimous scriptural interpretations of the Fathers (from which a Catholic may not dissent, according to the definitions of Trent, Pius IV, and Vatican I), the unanimous consensus of the faithful concerning divine revelation (Lumen Gentium 12), and even the “universal and constant consent” of theologians concerning divinely revealed truth (Pius IX, Tuas libenter).
There are several problems here:
- Things taught in the literal sense of Scripture require divine faith—because they are divinely revealed. They do not require divine and Catholic faith if the Magisterium has not defined their sense. The fact that the Magisterium has defined the inspiration and inerrancy of Scripture does not mean that it has defined what an individual passage of Scripture means in its literal sense. Therefore, divine and Catholic faith does not apply to such truths, only divine faith.
- Trent issued a disciplinary decree (not a doctrinal definition) that required Catholic authors not to hold positions “contrary to the unanimous consent of the Fathers; even though such interpretations were never (intended) to be at any time published.” It did not define that the Fathers (who included non-bishops) could infallibly define doctrines apart from the exercise of the Magisterium of their day. Pius IV required adherence to this principle, and Vatican I renewed the same decree, but neither defined that the Fathers—as a body—could infallibly define things. The Magisterium of their day—either extraordinary or ordinary and universal—could do so, but that’s a distinct and only partially overlapping body.
- The supernatural discernment of the faithful discussed in Lumen Gentium 12 is not exercised independently of the Magisterium. If you want to show that a matter has been infallibly defined, it has to be the Magisterium that does it, not the faithful conceived of separately.
- Kwasniewski flatly misreads Tuas Libenter. In it, Pius IX states that divine faith must be extended “to those matters transmitted as divinely revealed by the ordinary Magisterium of the whole Church dispersed throughout the world”—and which are therefore “for that reason, held by the universal and constant consensus of Catholic theologians as belonging to the faith” (DH 2879, emphasis added). In other words, Catholic theologians have always accepted what the ordinary and universal Magisterium has said belongs to the faith as belonging to it. He doesn’t say that orthodox theologians can themselves define that something belongs to divine revelation, apart from the Magisterium, or that the Magisterium always infallibly defines a sufficiently agreed-upon theological opinion. Kwasniewsky has the causal arrow pointing the wrong way.
Given the number of misrepresentations and misunderstandings we have documented—including of basic terms—it will be interesting to see the response that Kwasniewsky says is forthcoming from the signatories.
