"§ 2. After the reception of baptism, if anyone, retaining the name Christian, pertinaciously
denies or doubts something to be believed from the truth of divine and Catholic faith, [such a one
is] a heretic; if he completely turns away from the Christian faith, [such a one is] an apostate; if finally he refuses to be under the Supreme Pontiff or refuses communion with the members of the Church subject to him, he is a schismatic."
It is an excellent question, Gray, I agree, but ultimately it changes nothing about the way we view the crisis or how we should behave
vis-a-vis the Pope in the current crisis.
You want to use this canon, no doubt, to demonstrate to R&Rers that if we recognise this Pope, we must subscribe to all his dictates on worship, discipline, faith and morals. If we resist such novelties coming from the Pope, you would maintain that we are, according to this law, schismatics. Thus, you demonstrate that the only Catholic line of conduct, according to this canon, is to deny that he is Pope. I hope I am not putting words in your mouth, but that is surely what you are asking me to explain.
Is that what this law of the Church is all about? Is that its intended purpose? Is that the intention of the law-maker, the mind of the legislator, that we use this law to judge a Pope? Does the legislator have in mind here an extraordinary crisis in the Church, where the Pope wants to destroy the Church (to borrow an expression from St Robert Bellarmine - whether or not you want to believe that that would involve heresy)?
When put that way, I think the answer is pretty obvious. That is not the intended purpose of the law.
Let us start by considering a few basic questions. What is Law? What is Canon Law? What is its purpose?
St Thomas defines law as an ordinance of reason for the common good, promulgated by the one who has care of the community. He goes on to explain "
since then the lawgiver cannot have in view every single case, he shapes the law according to what happens most frequently... wherefore, if a case arise wherein the observance of that law would be hurtful to the general welfare, it should not be observed". In English we might say that the exception proves the rule. St Thomas even says that in time of necessity there is no law! That pretty much answers your question right there.
Pope Pius XII gives us this explanation of Canon Law: "Canon Law likewise is directed to the salvation of souls; and the purpose of all its regulations and laws is that men may live and die in the holiness given them by the grace of God" -
Address to the clerical students of Rome, June 24, 1939
Continuing our consideration of what law is and how it ought to be applied, here is some wisdom from Fr Pivert (a Resistance priest in France who was a lawyer and also a member of the St Charles Borromeo Commission established by the SSPX to examine marriage cases):
"There are certain famous phrases that bear witness to the existence of important general dispensing law - such as:
Lex positiva non obligat cuм gravi incommodo - no positive law obliges where there is grave inconvenience. Or again -
Salus animarum suprema lex - the supreme law is the salvation of souls. These principles even allow the written laws to be abrogated by simple customs, which express reality in a concrete way (Canon 27)
"Furthermore, it can be seen that the Church under the guidance of the Holy Ghost, has happily foreseen such necessary exceptions to the law and, by positive laws, has even legislated for such exceptions.
"Finally - but is there a need to state the obvious - it must be noted that the higher principles of the law allow fewer dispensations than the lesser principles - and in cases of conflict or incompatibility, they must give way to the superior principles of law. 'We ought to obey God rather than men' says St Peter (Acts 5:29).
"St Paul similarly asks us to follow the spirit more than the letter, because 'the letter killeth, but the spirit quickeneth' (II Cor 3:16). This ability to free oneself from enslavement to the letter, when it is necessary to follow the spirit of the legislator, is called the virtue of
equity. The actual use of that virtue is called
epikeia." -
Fr Francois Pivert,
Schism or Not?, 1989"
Epikeia is an interpretation exempting one from the law
contrary to the clear words of the law and in accordance with the mind of the legislator. It is evidently a very exceptional thing. It may be used with prudent discretion, and is justified, only in a particular case where: (a) the strict interpretation of the law would work a great hardship; and (b) in view of the usual interpretation it may be conjectured that, in this particular case, the legislator would not wish the law to be strictly applied." - Canon Law, A Text and Commentry, Bouscaren and Ellis, 1951
So Gray, that is one way of looking at the question - the purpose of the law, the mind of the legislator, exceptions to the law.
Another way to look at it is to ask what it means to be in communion with the Pope, and Stubborn has given you the answer to that in a nutshell.
I hope you can agree that this law is telling us neither to follow novelties of a bad Pope, nor to depose him.