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 Canon Law and "Public" "Heretic" 
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Joined: Sat Nov 02, 2013 6:06 pm
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New post Canon Law and "Public" "Heretic"
Does the code of Canon Law give a precise definition of "public" and "heretic"? How about "public heretic"?

Thank you very much in advance,
Maria


Mon Jun 02, 2014 5:44 pm
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Joined: Tue May 21, 2013 4:53 pm
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New post Re: Canon Law and "Public" "Heretic"
Canon 1325
1. The faithful of Christ are bound to profess their faith whenever their silence, evasiveness, or manner of acting encompasses an implied denial of the faith, contempt for religion, injury to God, or scandal for a neighbor.
2. After the reception of baptism, if anyone, retaining the name Christian, pertinaciously denies or doubts something to be believed from the truth of divine and Catholic faith, [such a one is] a heretic; if he completely turns away from the Christian faith, [such a one is] an apostate; if finally he refuses to be under the Supreme Pontiff or refuses communion with the members of the Church subject to him, he is a schismatic.
3. Let Catholics beware lest they have debates or conferences, especially public ones, with non-Catholics without having come to the Holy See or, if the case is urgent, to the local Ordinary.

Canon 188
Any office becomes vacant upon the fact and without any declaration by tacit resignation recognized by the law itself if a cleric:
4. Publicly defects from the Catholic faith.

Canon 2197
A delict is:
1. Public, if it is already known or is in such circumstances that it can be and must be prudently judged that it will easily become known;
2. Notorious by notoriety of law, [if it is] after a sentence by a competent judge that renders the matter an adjudicated thing, or after confession by the offender made in court in accord with Canon 1750;
3. Notorious by notoriety of fact, if it is publicly known and was committed under such circumstances that no clever evasion is possible and no legal opinion could excuse [the act];
4. Occult, if it is not public; materially occult, if the delict is hidden; formally occult, if imputability [is not known].

This is from an
The 1917 or Pio-Benedictine Code of Canon Law: in English Translation with Extensive Scholarly Apparatus Hardcover by Edward N. Peters (Editor), John J. Myers (Foreword)

You can find the Latin in the Commentary of New Code of Canon Law by Dom Charles Augustine Bachofen, O.S.B., D.D., 1872- :

https://archive.org/details/1917CodeOfC ... Commentary


Mon Jun 02, 2014 6:32 pm
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Joined: Tue Nov 28, 2006 3:57 am
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Location: Indiana, USA
New post Re: Canon Law and "Public" "Heretic"
Canon 1325 ยง 2: After the reception of baptism, if anyone, retaining the name Christian, pertinaciously denies or doubts something to be believed from the truth of divine and Catholic faith, [such a one is] a heretic; if he completely turns away from the Christian faith, [such a one is] an apostate; if finally he refuses to be under the Supreme Pontiff or refuses communion with the members of the Church subject to him, he is a schismatic.

The next section uses the word public (not in relations to heresy) so it seems that public would mean what it ordinarily means: Open; notorious. If it has other meanings in relation to Canon Law, it would have to be in the commentaries which I do not have.

Thus, a public heretic would be a baptized Christian who makes it known by his words or actions that he does not believe something that is a truth of the Faith, for example: Whosoever will be saved, before all things it is necessary that he hold the catholic faith. Which faith except every one do keep whole and undefiled; without doubt he shall perish everlastingly.

Edit to add: James, you beat me to it. I thought the forum told me if there was a new post before posting mine. If I had seen it, I would have cancelled.


Mon Jun 02, 2014 6:44 pm
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New post Re: Canon Law and "Public" "Heretic"
"Public" is a technical term (along with occult, notorious, etc.). Therefore it does not mean what it usually means in common language. It means precisely what it is defined in the Code to mean. One striking difference is the fact that an offence (i.e. a "delict") is already public even if hardly anybody knows about it but the character of those persons is such that it can be foreseen that they will spread the word around.

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In Christ our King.


Mon Jun 02, 2014 11:52 pm
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Joined: Sat Nov 02, 2013 6:06 pm
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New post Re: Canon Law and "Public" "Heretic"
Thank you very much to all three of you. It was very important for me to know that. It is easy to throw words around but it is important to have a precise understanding of their meanings. Thanks again! I really enjoy this forum.


Wed Jun 04, 2014 11:31 am
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