StudentDad wrote: » At this point the priest should inform the police that he/she has information regarding a crime. Failure to do so by the priest should leave him/her open to an automatic prosecution on obstruction of justice charges. SD
gimmebroadband wrote: » The penitent is confessing to God, not the priest, he just ministers the sacrament - the contents of the confession does not belong to him, but to God!
Cossax wrote: » Seems like a made-up job really - surely if you believe in a god of some sort who is all knowing and who you believe you can directly pray to, why do you need a middleman to tell him what you've done when s/he/it would know anyone both what you'd done and whether you were sorry for it? Your/the RCC's view of the priest being a middle man won't be all that important if the proposed legislation comes in, it will be the State who finally and ultimately decides who the confession belongs to.
gimmebroadband wrote: » Cossax wrote: » Seems like a made-up job really - surely if you believe in a god of some sort who is all knowing and who you believe you can directly pray to, why do you need a middleman to tell him what you've done when s/he/it would know anyone both what you'd done and whether you were sorry for it? Your/the RCC's view of the priest being a middle man won't be all that important if the proposed legislation comes in, it will be the State who finally and ultimately decides who the confession belongs to. No it won't, because it's unworkable. There is already legislation in place that everyone who knows of a crime is suppose to report it! If the Gov't specifically mentions the Seal of Confession, penitents who are abusers will confess outside of the juristiction/country, or not at all.
StudentDad wrote: » The sooner the church realises that Canon law is utterly irrelevant the better - when a cleric quotes Canon law in defence of illegal activity. In terms of law he may as well be running the local golf club and quoting it's internal rules - Utterly Irrelevant. SD
ISAW wrote: » Where does the codified law we have today trace it's roots? If a golf club rules are irrelevent why do they exist? You are aware the Church law suggests that people follow the law of the land you think this rule is irrelevant? What about a state governed by canon law? And are you saying irish law cant make something illegal that is legal elsewhere e.g. what about someone committing child abuse in a country where such an act is legal? I think Italy or Thailand are such examples. In Italy the legal age of consent is well below the Irish one.
ISAW wrote: » Where does the codified law we have today trace it's roots?
StudentDad wrote: » The only place where the canon law of the RCC church has any bearing is within the confines of the Vatican State and her embassies.
If a legislature of a country such as Ireland chooses to look at canon law for guidance that is entirely a matter for the duly elected Parliament to decide.
If the Irish State or any other State for that matter chooses to legalise such hideous practices that is a matter for those states to consider. Although the Irish State would be prevented from enacting such legislation as it would be contrary to European Law.
If the RCC church has a problem with proposed legislation it can as it does I imagine lodge a protest against such legislation.
It does not take from the fact however, that residents of the Republic of Ireland or any other state are bound by the laws of the state before any other body of law.
ISAW wrote: » StudentDad wrote: » The only place where the canon law of the RCC church has any bearing is within the confines of the Vatican State and her embassies. The only place in international law But suppose the church has a law against something e.g. sex with a per pubescent child and the law of the country the church is in e.g. say Thailand or Italy allows for such sex you think the Church should say nothing about the practicew in that country and not preach that they believe it is wrong? If a legislature of a country such as Ireland chooses to look at canon law for guidance that is entirely a matter for the duly elected Parliament to decide. So if Ireland decided to get rid of Statutory rape enen though the church accepts that the law is valid and the act can happen the church should also not say anything about that rape being wrong even though they accept it is not illegal? If the Irish State or any other State for that matter chooses to legalise such hideous practices that is a matter for those states to consider. Although the Irish State would be prevented from enacting such legislation as it would be contrary to European Law. So are you saying the Irish State isn't paramount because it does answer to an outside authority or not? On one hand the church should not be able to inform the conscience of Irish people and they can make their own laws but on the other the Europeans should be able to tell Ireland what it can and cannot do. If the RCC church has a problem with proposed legislation it can as it does I imagine lodge a protest against such legislation. Yes but sin existed before any law did. It does not take from the fact however, that residents of the Republic of Ireland or any other state are bound by the laws of the state before any other body of law. REally? You just stated they could not make laws contrary to Europe! You are contradicting yourself.
ISAW wrote: » But suppose the church has a law against something e.g. sex with a per pubescent child and the law of the country the church is in e.g. say Thailand or Italy allows for such sex you think the Church should say nothing about the practicew in that country and not preach that they believe it is wrong?
ISAW wrote: » So if Ireland decided to get rid of Statutory rape enen though the church accepts that the law is valid and the act can happen the church should also not say anything about that rape being wrong even though they accept it is not illegal?
ISAW wrote: » On one hand the church should not be able to inform the conscience of Irish people and they can make their own laws but on the other the Europeans should be able to tell Ireland what it can and cannot do.
ISAW wrote: » Yes but sin existed before any law did.
marienbad wrote: » I find this thread just so depressing, nothing learned and nothing forgotten.
himnextdoor wrote: » Better this though than allowing it to be swept under the carpet. Again.
gimmebroadband wrote: » A tiny corner of the carpet at that, the other 99% of filth under the carpet is being ignored!
himnextdoor wrote: » Are you for real? Where does the law of Ancient Greece or Ancient Egypt trace their roots?
Concepts such as 'Thou shall not kill, steal or lie' predate Canon Law by millennia.
But you miss the point; it is not an adequate defence for the Church to say 'There may be abuse within the Church but there is more abuse outside'.
This does not exhonorate the Church for its failure in its capacity as the last bastion against evil.
The Church cannot/will not protect children and I will be damned if I trust my soul to such an organization.
StudentDad wrote: » I am not contradicting myself. The law of Ireland is made up of common law, statute, constitutional law and the entire body of European law.
This was agreed by the electorate through our Parliament and as such our laws must be formulated to accord with EU law - derogations aside -
Canon law refers to the laws of the Vatican State and her embassies and has no legal effect outside of that jurisdiction.
If a citizen of Ireland seeks to place any other body of law above the law of the land and acts contrary to its provisions he leaves himself open to prosecution by the State if the State deems such action is warranted.
Whether or not a citizen agrees or disagrees with a given provision in law, is irrelevant.
Of course a citizen may object to a law but he must do so within the bounds of law.
ISAW wrote: » StudentDad wrote: » I am not contradicting myself. The law of Ireland is made up of common law, statute, constitutional law and the entire body of European law. So the European law too? ~that would include canon law then? This was agreed by the electorate through our Parliament and as such our laws must be formulated to accord with EU law - derogations aside - also out laws have to accord with Church law. for example we have laws against blaspheme; we have laws protecting the jobs of certain people who must be of certain religions etc. Canon law refers to the laws of the Vatican State and her embassies and has no legal effect outside of that jurisdiction. No canon law is like a club rules. the law of the lan respects for example if a golf Club does not allow men to be full members. But the club cannot make rules binding on non club members. If a citizen of Ireland seeks to place any other body of law above the law of the land and acts contrary to its provisions he leaves himself open to prosecution by the State if the State deems such action is warranted. Hmmm. That is a bit literalist. In Ireland we have what honourable jurists like to call "natural and constitutional justice" It isn't all about positive laws i.e. the letter of the written law. Whether or not a citizen agrees or disagrees with a given provision in law, is irrelevant. Then you claim the written law is paramount and binding? What about court decisions which decide rights exist which are not proscribed in law? Of course a citizen may object to a law but he must do so within the bounds of law. Indeed and in a Republic democratic decisions are regulated by law and the law regulated by the will of the people. But the will of the people isn't always the right thing is it? Are you claiming it always is?
marienbad wrote: » Agree with you there, but why at this late stage does every discussion have to descend into a legalistic and comparative discussion ? Great wrong was done, can we not just accept that totally and irrevocably and in a humble manner and without caveat ? Thereafter we might try listening to the victims and with such humility we might even hear them .
StudentDad wrote: » What I'm saying is that laws formulated by duly elected parliamentarians, with an independent judiciary is preferable to listening to a church that does not know its place. SD
ISAW wrote: » I agree. And therefore maybe we should listen to the victims of the 99 per cent non clerics more then the less than one per cent RC clerical offenders?
ISAW wrote: » StudentDad wrote: » What I'm saying is that laws formulated by duly elected parliamentarians, with an independent judiciary is preferable to listening to a church that does not know its place. SD REally? and such parliaments are around for how long? And were involved in how many world wars? And oversaw the Irish famine ;the wiping out of the native US and Australian population etc.? You are probably going to vote in the upcoming referendum with the masses to "curb judges pay" and to make abbeylaragh gardai answerable to the Oireachtas committees thereby weaken the independence of the judiciary and breaking the division of powers aren't you? So don't harp on about an independent judiciary if you are voting them away.
gimmebroadband wrote: » No one is denying that great wrong was done, and yes it's right to expose it so that it can be dealt with. OTOH, if the Gov't was really serious about safeguarding children, then they would have to look at society as a whole and not just at one institution. I believe Clerics from other denominations are deliberately being overlooked by the media in order to incite hatred of the Catholic Church.
marienbad wrote: » Why not just listen to all victims without distinction ?
And let each organisation/religion/government/individual face up to their own responsibilities without continually making comparisions.
What someone else or some other organisation does or does not do should be completely irrelevant .
StudentDad wrote: » Wow, you blame democracy for the world wars? Do we really need to start discussing how much blood has been spilt in the name of the RC church? SD
himnextdoor wrote: » But like the Church, the Government is only concerned with its own interests; temporal ones. Governments don't bring about change, people do. The problem is that the people don't bring about government, they just believe that they do. Sound familiar? The state and the Church are control mechanisms; the Church indoctrinates the fear of hell into children and governments use fear to control adults. The less we fear these organisations the more questions we ask and it doesn't take long for us to find the corruption; corruption that has been there for a long time. Do you honestly believe that either the Church or the Government are primarily concerned with anything other than exploitation? I mean, how does God tolerate corrupt governments; why does a Godless state tolerate the Church? - Because they aid each other in their goals... that's why. Their goals?... To enslave the nation (collect souls) and amass gold. The response of both the state and the Church has been very disappointing so far and suggests something a lot more insidious than just errant Priests and incapable administrators of the clergy.
ISAW wrote: » Exactly! Why place an inordinate amount of attention ( e.g. most of the media coverage) publicity and demands for action on less than one per cent of the offenders who are roman catholic Priests, giving the impression that the RCC are involved in orchestrating or protecting massive numbers of pedophiles ( 99 per plus cent of which are not priests)? Exactly! Why constantly attack a Church the clerics of of which are less than one per cent of offenders and the percentage of offenders compared to the number of clerics worldwide is less than a tenth of a per cent (i.e. the rate of offence in the whole population of clerics is more than then times less than the rate of offenders per capita) ? Why only attack them and forget about organizations like "one in four" who had no mandatory reporting? The comparison comes in because a tiny proportion of offenders are being scapegoated by anti-Catholic elements and focusing on less than only one per cent isn't doing much about the other 99 per cent plus is it? So you think we should focus on looking after the splinters when the beam is clearly apparent? When banks collapse and 110 billion is owed we should focus all our attention on the €100 it costs the State to process a thief who stole a pound of butter from a bank canteen?