There are several objections raised whenever the idea of an imperfect council is discussed, especially in the context of the current crisis. Most of these objections come from real strands of pre‑Vatican II theology, so they deserve serious answers. But none of them actually overturn the governing principle found in Cajetan, Suárez, John of St. Thomas, and the broader manualist tradition: the Church cannot be left without the ability to designate her head, even when positive law collapses.
Below is a synthesis of the main objections and how they fit within acceptable Catholic teaching.
1. “Only bishops with jurisdiction can form an imperfect council.”
This objection assumes that the imperfect council is defined by jurisdiction.
But the classical theologians define it by function: the remaining hierarchy acting for the universal Church when the constituted organ cannot act.
In normal times, bishops with jurisdiction are the public hierarchy.
In extremis, when jurisdictional structures have collapsed, the public hierarchy is identified instead by: episcopal character, public consecration, and public ecclesial identity. These remain even when jurisdiction is impeded.
So the imperfect council is not being redefined — its identifying marks simply shift from juridical to sacramental when positive law becomes inoperable. This is exactly how the manuals distinguish order from jurisdiction.
2. “There’s no explicit legislation allowing bishops without jurisdiction to elect.”
That’s precisely the point.
The Church has always taught that positive law ceases to bind when its fulfillment becomes impossible.
The manuals explicitly say the Church cannot legislate for every conceivable collapse of her juridical organs.
Cajetan and Suárez both state that in such cases the Church acts: not by positive law, but by natural law, which preserves her ability to designate a head.
So the lack of explicit legislation is not a weakness — it is the very condition that activates the natural‑law remedy.
3. “Billot and others restrict the imperfect council to bishops with jurisdiction.”
True — but Billot’s restriction presupposes a Church where jurisdictional structures still exist and can be identified.
His argument assumes: diocesan governance intact, papal mandate intact, identifiable bishops with ordinary jurisdiction. The governing principle applies only when those assumptions fail.
And Billot’s deeper principles still hold: the Church cannot lose the power to designate her head, and the Church cannot fall into juridical paralysis.
So the governing principle doesn’t contradict Billot — it applies his principles to a scenario he never envisioned, where sacramental identity becomes the only remaining public marker of the hierarchy.
4. “The manuals don’t specify the procedural safeguards you propose.”
Correct — because procedural details belong to prudence, not divine law.
The manuals require: publicity, verifiability, moral certainty, avoidance of factionalism.
They do not prescribe how to achieve these in unprecedented circuмstances.
Safeguards like multi‑regional corroboration, docuмentary proof, notarized minutes, oaths, and waiting periods are simply prudent applications of manualist principles. They operationalize what the manuals require without adding new theology.
5. “No one will accept the electors or the elected candidate — this will cause more schism.”
This objection misunderstands how ecclesial acts work.
The manuals do not require universal prior agreement for validity.
Even in normal conclaves, unanimity is not required.
What matters is: a public, corporate, verifiable act performed by the competent subject.
Unity flows from the Church’s public acts — not the other way around. If fear of dissent could nullify the Church’s ability to act, then the Church’s indefectibility would be held hostage to private judgment. The imperfect council provides the only objective point of reference to which consciences can later adhere. It is the remedy against schism, not the cause of it.
Conclusion
None of these objections overturn the governing principle found in the classical theologians.
They simply require us to apply that principle carefully, prudently, and publicly.
The Church’s ability to act in extremis does not depend on: universal agreement, intact jurisdictional structures, or explicit legislation for unprecedented situations.
It depends on the Church’s indefectibility, the distinction between order and jurisdiction, and the natural‑law principle that the Church must retain the ability to designate Her head.
One of the most EXTREME temporal examples you could use is to ask yourself, "what would have to happen for the Church to elect a new pope - if all the lesser Roman clergy, all the ordinary bishops of the world holding jurisdictional Sees, the whole college of cardinals, and the pope where simultaneously vaporized at the same instant." How would the Church still retain the ability to designate Her head - what would that look like?