Reasonable Authority and Canon Law

By

Anthony J. Fejfar, B.A., J.D., Esq., Coif

© Copyright 2009 by Anthony J. Fejfar

Some people follow Comte and Fascist Authority, while other believe in Reason

and Logic. The Ango-American Legal System has resolved this debate by having a

Legal System and Legal Education which is based upon reasonable authority. This

system works. My parents raised myself and my sisters using reasonable authority and

we turned out to be reasonable people who work within the American System of Law.

Authoritarian parenting does not work. Children become passive and stupid with

authoritarian education and parenting. This violates Natural Law and National Security.

Authoritarian parents, and dictators fail, in part, because their children cannot take the

initiative and act on their own. Military Armies who use authoritarian techniques lose

because when an Officer in charge gets shot, the men no longer know what to do, and

thus lose the battle. I am told, that in the American Military, that junior officers are

trained to change their orders when the combat situation has changed, and the old order

are stupid and non-functional. The American Military also promotes Officers out the

ranks in Combat, using non-commisioned officers and even privates when necessary.

American Special Forces Teams are trained to adapt and change the mission on the

ground once they have gone in country. Other armies do not do this.

Now, in the Legal Arena, we have the Rule of Reasonable Legal Authority which

is called the Rule of Law. Generally, Judges are required to follow previous legal

precedent unless it is unreasonable. If a Judge, particularly, an Appelate Court finds a

legal rule in a case to be stupid or unreasonable the previous case can be overruled.

Similarly, Judicial Review of Statutes and Regulations required such law to be

reasonable, and if it is not, it is found unconstitutional under Substantive Due Process.

“Old” Law is still Good Law if it is reasonable. If law is reasonable or if a military

order is reasonable, then even if there are reasonable counter-arguments, the tie must go

to the authority.

In the area of Canon Law it is clear that a Religious Superior only has the

authority of reasonable authority. Jesus is the Logos, or Reason, which is the end of all

reason. Thus, it is clear to avoid heresy and apostacy the only rule which the Church can

apply is that of reasonable authority. Otherwise, we could have the absurd situation of

Religious Superiors ordering Priests to murder people or commit suicide, which clearly

violates Criminal Law and Canon Law and is a Mortal Sin.

Source

Anthony J. Fejfar, Scribid, “Reasonable Authority”