Reflection on Irregularity Incurred Due to Amentia and Other Psychic Infirmities

The pre-1983 Code legislations, right from the time of Decretals, classified irregularities into irregularities ex defectu and irregularities ex delicto. A classification retained by the 1917 Code od Canon Law (Canons 984-988) but later dropped by the 1983 Code. Despite throwing out this classification of irregularities the 1983 Code has retained insanity and psychological infirmities among those irregularities incurred ex defectu. This is an irregularity for the reception of holy orders when it is incurred before one receives sacred orders, but an impediment to the exercise of order already received if it is incurred after the reception of holy orders. This article, therefore, gives a critical reflection on the nature of this irregularity and how it should be understood properly by the Ordinaries when evaluating cases of this kind.