Laws need an affirmative reception or an approving compliance in order to attain validation and lasting effect, writes Cardinal Walter Brandmüller, 92, in a 28 July statement on Traditionis Custodes.
Thus, some laws are abolished by non-observance or become obsolete over time: "The law has to serve the good of the community - and not vice versa the community the law."
As an example, Brandmüller mentions John XXIII's February 1962 Veterum sapientia which decreed that university theology must be taught in Latin: "Veterum sapientia, once printed, was soon forgotten."
Brandmüller refers to common law, according to which justified objections to a universal church law have a suspensive effect: "This means that the law must not be obeyed as long as the objection has not been dispelled."
He says that "if there is a doubt whether a law is binding, it is not obligatory." Such a doubt can be based on the defective formulation of a legal text.
Brandmüller stresses that his argument apply only to ecclesiastical laws like Traditionis Custodes, not to natural or divine law.
‘Traditionis Custodes’ is an illegitimate document, since all the legal documents of the Catholic Church are written in Latin and this was written in Italian and only has the title in Latin, which by the way is contradictory because this pamphlet does NOT guard the Catholic Tradition but destroys it.