Question

Daniel’s son told him that when he died, he wanted to be cremated and his remains placed in a columbarium. They are of the Roman Catholic faith. The son did die suddenly and was buried by Daniel in The Place of the Holy Sepulture with Saint Anthony under the rules and canons of the Roman Catholic Church. These canons prohibit the following: cremation, except in cases of great emergency; removal of bodies from a cemetery for cremation; and removal of a body from the cemetery without consent of the Archbishop of San Diego. Five years later, Daniel sought to remove his son’s body, claiming he made a mistake, was grief stricken, and was under the influence of the Roman Catholic Church at the time of the death and was not able to observe his wishes. He further claimed the prohibitions of the church were never called to his attention. The Church refused to allow the removal, claiming they had no knowledge of the son’s wishes, and that he agreed to the rules and canons at the time of contracting for his burial.

You are the judge in this case.

What is your decision? Be sure to support it with at least THREE reasons.

Answer 1

According to Court sould not interfere in this matter leave it to the Archbishop of San Diego. Because of following reason .

1) Every institution has its own constitution and it should govern according to that.

2) Here in this matter question of religion and faith is attached thats why court should refrained it self form this matter it should be governed by its religion law.

3) And here in the rule and canons of the Roman catholic Church clearly mentioned about this . If once rule is broken than it may be have deterimental effect on the institution .