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This chapter consists of three sections. First, it describes the controversy about the application of Canon 915 during the 2004 US electoral campaign and discusses this controversy in reference to the indeterminacy claim. Second, it relies on two prominent features of H. L. A. Hart's legal theory—the rule of recognition and internal aspect of the law—to explore whether the application of Canon 915 to public officials is valid in the legal system of canon law. It also discusses indeterminacy and Canon 915 in light of another feature of Hart's theory—the law's open texture. Third, it asks whether the application of Canon 915 is a “central case” in light of traditional aspects of Catholic doctrine such as objective truth, individual conscience, and cooperation in evil.

The previous chapter explored the nature of the indeterminacy claim and offered an argument that the application of Canon 915 to Catholic public officials is a central case. Most of the bishops in the United States apparently thought that the application of Canon 915 constitutes a more difficult case. There are at least five objections that might be raised in relation to the application of Canon 915 as a clear case. The objections are based upon: firstly, doubt about whether or not a Catholic public official, who favors permissive abortion or euthanasia laws, is in fact a “grave sinner”; secondly, undue interference in the political process through an arbitrary application of law; thirdly, the social teaching of the church; fourthly, the sacramental nature of the Eucharist; and lastly, other provisions of canon law, including the right to receive the sacraments and the diocesan bishop's authority. Each of these objections calls into question the clear case approach to Canon 915, and thus raises the indeterminacy claim. This chapter presents each of the five objections and then discusses them in terms of responses based upon what Joseph Raz describes as detached normative statements. The purpose here is not to evaluate whether or not the application of Canon 915 is a good church policy. Rather, the chapter attempts to clarify what might be the correct internal point of view of a bishop participant in relation to Canon 915.

This chapter offers a conclusive synthesis of the study. The first part identifies the natural and supernatural ends of canon law. The second part summarizes the examples of clergy sexual abuse, the ownership of church property, and the application of Canon 915. Based upon the three examples, it presents some general conclusions about antinomianism and legalism. The third part offers observations about canon law from the comparative perspective. It returns to the three basic questions posed in the Introduction about the nature of law, a legal system, and the rule of law. While primarily descriptive, the chapter also serves a prescriptive function. The comparison with Anglo-American legal theory not only clarifies the nature of canon law, but also suggests ways in which the system of canon law might more effectively fulfill the requirements of the rule of law.