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The Current Juridic and Moral Value of the Index of Forbidden Books By The Current Juridic and Moral Value of the Index of Forbidden Books by Anthony PILLARI Formatted: No Spacing, Left, Line spacing: single DCA 6395 Chad GLENDINNING Faculty of Canon Law Saint Paul University Ottawa 2017 The author hereby authorizes Saint Paul University, its successors and assignees, to electronically distribute or reproduce this seminar paper by photography or photocopy, and to lend or sell such reproductions at a cost to libraries and to scholars requesting them. @Antony Pillari, Ottawa 2017 TABLE OF CONTENTS INTRODUCTION ................................................................................................................................. 4 CHAPTER 1 – HISTORY OF THE INDEX OF FORBIDDEN BOOKS ........................................... 7 1.1 Early Church History ........................................................................................................................ 7 1.2 Sacred Congregation of the Index (1571 – 1917) ............................................................................. 10 1.3 Censorship in the 1917 Code ........................................................................................................... 13 CHAPTER 2 – ABROGATION OF THE INDEX: CURRENT JURIDIC AND MORAL STATUS .. .............................................................................................................................................................. 18 2.1 Abrogation of the Index ................................................................................................................... 18 2.2 Current Juridic Status ...................................................................................................................... 19 2.3 Current Moral Value ........................................................................................................................ 20 2.4 Censorship in the 1983 Code ........................................................................................................... 23 2.5 Manner of Proceeding of the Congregation for the Doctrine of the Faith in Censorship .................... 24 CHAPTER 3 – CASE STUDY: WRITINGS OF MARIA VALTORTA ........................................... 27 3.1 Valtorta’s Work is Placed on the Index ............................................................................................ 28 3.2 Juridic Import of Subsequent Letters from Prelates .......................................................................... 29 3.2.1 Letters of Ratzinger ...................................................................................................................... 29 3.2.2 Letter of Tettamanzi...................................................................................................................... 31 3.2.3 Imprimatur Granted ...................................................................................................................... 34 3.3 Juridic Import of Testimony of Saints .............................................................................................. 34 3.3.1 Saint Teresa of Calcutta ................................................................................................................ 36 3.3.2 Blessed Maria Inés Teresa Arias ................................................................................................... 36 3.3.3 Blessed Gabriel Allegra ................................................................................................................ 37 3.4 Current Juridic and Moral Value of the Index for the Poem of the Man-God .................................... 39 CONCLUSION .................................................................................................................................... 43 Appendix I Testimony of Fr. Leo Maasburg .......................................................................................... 45 Appendix II Letter of Blessed Maria Inés Teresa Arias .......................................................................... 46 Appendix III Letter of Sister Uranga ...................................................................................................... 47 BIBLIOGRAPHY ............................................................................................................................... 48 ABBREVIATIONS AAS Acta Apostolicae Sedis c. Canon cc. Canons CDF Congregation for the Doctrine of the Faith CIC/17 Codex iuris canonici, Pii X Pontificis Maximi iussu digestus CIC/83 Codex iuris canonici, auctoritate Ioannis Pauli PP. II promulgatus TPSF To Promote and Safeguard the Faith, CDF. Notification CDF, Notification regarding the abolition of the Index of books. Poem The Poem of the Man-God or The Gospel as Revealed to Me, Valtorta. INTRODUCTION Jesus came and said to [the apostles], “All authority in heaven and on earth has been given to me. Go therefore and make disciples of all nations, baptizing them in the name of the Father and of the Son and of the Holy Spirit, teaching them to observe all that I have commanded you, and behold I am with you always, to the close of the age.”1 The Catholic Church, seeking to carry out this mission solemnly confided to her by Jesus Christ, proclaims that she has the “duty and innate right, independent of any human power whatsoever, to preach the Gospel to all peoples.”2 This includes the duty of vigilance with regard to teachings that could be harmful to the Gospel message. In this regard the bishops, as the successors of the apostles, have a particular “duty and right to be watchful so that no harm is done to the faith and morals of the Christian faithful through writings or the use of instruments of social communication.”3 Throughout the past two thousand years this duty has been exercised in a variety of ways. The New Testament reports that the apostles exercised vigilance with regard to particular people and the spoken word.4 Following their example, the bishops as the successors to the apostles have continued throughout the Church’s history to exercise this vigilance in each of their own dioceses. On occasion bishops have gathered in regional or ecumenical councils to exercise this role of vigilance with regard to particular geographic regions of the Church or with regard to the entire Church. With the advent of the printing press and the events of the Protestant Reformation, particular authors and books were more frequently impacting simultaneously the Christian 1 Mt 28: 18-20. In this paper, all quotations from the Bible are from The Holy Bible: Revised Standard Version, Second Catholic Edition, original edition prepared by the CATHOLIC BIBLICAL ASSOCIATION OF GREAT BRITAIN, second edition revised according to Liturgiam authenticam by Ignatius Press, Nashville, TN, Thomas and Nelson Publishing, 2006. 2 Codex iuris canonici, auctoritate Ioannis Pauli PP. II promulgatus, fontium annotatione et indice analytico- alphabetico auctus, Libreria editrice Vaticana, 1989, English translation Code of Canon Law: Latin-English Edition, New English Translation, prepared under the auspices of the CANON LAW SOCIETY OF AMERICA, Washington, DC, Canon Law Society of America, 1999, canon 747 §1. All references to the canons of the 1983 code will be styled “c.” for canon and “cc.” for canons, followed by the canon number(s). 3 Canon 823 §1. 4 See 1 Ti 1:19–20, 6:20; Tt 3:10–11; 2 Jn 10–11; Rom 16:17. 4 5 faithful in different countries. To more effectively respond to this situation the Church created in the sixteenth century the Sacred Congregation of the Index, which oversaw, in conjunction with the Holy Office, the Index of Forbidden Books (hereafter “the Index”), for almost four centuries. In 1966 Paul VI abolished the Index, and in 1983 the new Code of Canon Law laid out new procedures for exercising this vigilance. Since the Index is now abolished, does it retain any value for the Church today? Or is it merely a relic of the past that is no longer relevant for our modern world, or at least no longer relevant for modern western democracies? In fact, western democracies are beginning to reconsider the value of censorship. For example, faced with the decapitation of hostages broadcast via the internet, western societies are again seriously considering whether it might not be in people’s best interest to prohibit the public communication of such things.5 For the Church there are deeper reasons for which this issue continues to be relevant: the Gospel mandate to “make disciples of all nations… teaching them to observe all that I have commanded you” is as relevant today as it was two thousand years ago. Similarly, the dangers that misleading or erroneous teachings pose to souls continue today. When the Index was abrogated the Congregation for the Doctrine of the Faith clarified that the Index, while no longer having the force of ecclesiastical law, remained morally binding.6 However, the precise nature of this enduring value and the role it should play in the life of the Church continues to be debated.7 This paper will seek to clarify the current juridic and moral value of the Index. 5 H. WOLF, Storia dell’Indice. Il Vaticano e i libri proibiti, Rome, Donzelli, 2006, 10. 6 CONGREGATION FOR THE DOCTRINE OF THE FAITH, Notification regarding the abolition of the Index of books, 14 June 1966, in AAS, 58 (1966), 445, English translation http://www.vatican.va/roman_curia/congregations/cfaith/documents/rc_con_cfaith_doc_19660614_de-indicis-libr- prohib_en.html (23 February 2016). 7 See M. PACWA, “Is the Poem of the Man-God Simply a Bad Novel?”
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