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.
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?
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 .
himnextdoor wrote: » Better this though than allowing it to be swept under the carpet. Again.
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?
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.
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.
gimmebroadband wrote: » A tiny corner of the carpet at that, the other 99% of filth under the carpet is being ignored!
marienbad wrote: » I find this thread just so depressing, nothing learned and nothing forgotten.
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.
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.
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: » Where does the codified law we have today trace it's roots?
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.
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
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.
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: » 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!
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: » PDN wrote: » Biblically the word 'repentant' is metanoia - it means to make a 180 degree turnaround, changing one's behaviour. It certainly does not mean that child abusers can say they are sorry and then do the same thing again. Nor, incidentally, does it mean that being forgiven by Christ absolves anyone from making restitution or facing the punishment of the legal system. How many people commit sin after they are sorry, Jesus told the Apostles the we must forgive 70 times 7. The priest can also absolve sins on condition that if the sinner be truly repentent then he/she must make restitution by reporting the crime and suffer the consequences. If he/she doesn't, then they are not truly repentant, and don't deserve forgiveness!
PDN wrote: » Biblically the word 'repentant' is metanoia - it means to make a 180 degree turnaround, changing one's behaviour. It certainly does not mean that child abusers can say they are sorry and then do the same thing again. Nor, incidentally, does it mean that being forgiven by Christ absolves anyone from making restitution or facing the punishment of the legal system.
Cybercelesta wrote: » If the sinner was unrepentant! And Jesus would be a witness before His Father in Heaven to say that the penitent asked for forgiveness for the sin, and he forgave them!
gimmebroadband wrote: » StudentDad wrote: » Who said? Were you there? Dogma will not help or comfort the victims of the church SD I am a victim of sexual abuse by family member, and a school bully and I forgive them! I even pray for them! 99% of abuse victims were non-clerical! Can you even imagine how many children that is compared to clerical! There were four children involved in my family alone, and I wasn't sorry when the abuser died when I was 12 years old. As I got older I learned to forgive!!!
StudentDad wrote: » Who said? Were you there? Dogma will not help or comfort the victims of the church SD
Cybercelesta wrote: » PDN wrote: » I think, given what Jesus said in the Gospels about what will happen to those who harm children, that Jesus would be a witness for the prosecution rather than the defence. If the sinner was unrepentant! And Jesus would be a witness before His Father in Heaven to say that the penitent asked for forgiveness for the sin, and he forgave them!
PDN wrote: » I think, given what Jesus said in the Gospels about what will happen to those who harm children, that Jesus would be a witness for the prosecution rather than the defence.