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=====Book II: People of God===== | =====Book II: People of God===== | ||
====Part I: Christ' | ====Part I: Christ' | ||
[[http:// | [[http:// | ||
- | **Canon 204 Subsists In** Christ' | + | **Canon 204 Power of Baptism** Christ' |
- | * incorporated | + | |
- | * constituted | + | |
- | * participate | + | |
- | * Called | + | |
* The Church - // | * The Church - // | ||
- | | + | * From LG 9-10 |
+ | | ||
- | **Canon 205 Full Communion** Those baptized are in full communion with the catholic Church here on earth who are joined with Christ in his visible body, through the bonds of __profession of faith__, the __sacraments__ and __ecclesiastical governance__. Full communion - is joined by profession of faith, sacraments and ecclesiastical governance: 3 munera, but not in the order of the code: __regendi, docendi, sanctificandi__. One can offend regendi and docendi at the same time, e.g. when you speak against the teaching of the pope. | + | **Canon 205 Full Communion** Those baptized are in full communion with the catholic Church here on earth who are joined with Christ in his visible body, through the bonds of __profession of faith__, the __sacraments__ and __ecclesiastical governance__. Full communion - is joined by profession of faith, sacraments, and ecclesiastical governance: 3 munera, but not in the order of the code: __regendi, docendi, sanctificandi__. One can offend regendi and docendi at the same time, e.g. when you speak against the teaching of the pope. |
- | **Canon 206 Catechumens** " | + | **Canon 206 Catechumens** " |
- | **Canon 207 Christian Faithful** Christian faithful are clerics and laity - in CCEO, religious are another category. Each state has also has active, articulate, educated, nonpracticing. Religious are part of both - but no legal consequences here (later there is specific legislation). | + | **Canon 207 Christian Faithful** Christian faithful are clerics and laity - in CCEO, religious are another category. Each state has also had active, articulate, educated, nonpracticing. Religious are part of both - but no legal consequences here (later there is specific legislation). |
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(Cann. 208 - 223) [[http:// | (Cann. 208 - 223) [[http:// | ||
- | **//Lex Ecclesiae Fundamentalis// | + | **//Lex Ecclesiae Fundamentalis// |
* **Ordering of the section** start with rights of all the christian faithful, then rights of the lay faithful. R&O of all is a novelty in this code. Reasons: emphasis on laity at vatican II, increased societal emphasis on human rights after WWII seen for example in UCHR, Treaty of Rome. Onclin developed this idea, under the title of subjective rights already in the 1950s; it took some time before this theory made its way into the church. Human rights is replaced by " | * **Ordering of the section** start with rights of all the christian faithful, then rights of the lay faithful. R&O of all is a novelty in this code. Reasons: emphasis on laity at vatican II, increased societal emphasis on human rights after WWII seen for example in UCHR, Treaty of Rome. Onclin developed this idea, under the title of subjective rights already in the 1950s; it took some time before this theory made its way into the church. Human rights is replaced by " | ||
+ | * **Development** 1917 Code had more emphasis on the rights of clergy & bishops over the faithful. | ||
* **What is the status of the canons 208-223?** What is the nature of these obligations and rights? Four trends regarding the nature | * **What is the status of the canons 208-223?** What is the nature of these obligations and rights? Four trends regarding the nature | ||
- | * **First, legal approach** is advanced by J. Beyer [Gent]. Let's take the catalogues | + | * **First, |
- | * **Second, theological position** is advanced by Munich U. Hinder, Correcco. They are against Beyer, they want to start from the nature of the church and build on this. These are church obligations and church rights; start from an ecclesiological model. Rights based on word, sacraments and apostolic succession. Each has active and passive rights. You end up with different rights than Beyer, these are not human rights, but christian | + | * **Second, theological position** is advanced by Munich U. Hinder, Correcco. They are against Beyer, they want to start from the nature of the church and build on this. These are church obligations and church rights; start from an ecclesiological model. Rights based on word, sacraments and apostolic succession. Each has active and passive rights. You end up with different rights than Beyer, these are not human rights, but Christian |
- | * **Third, legal/ | + | * **Third, legal/ |
- | * **Fourth, Anthropological method** was proposed by Greimacher and Walf. The discussion gives the impression the Church can decide, instead, they are embedded in the nature of the person. People cannot abandon them at the church door, and the church can't deny them for the same reason. It questions the legitimacy of the question. **Code** did not choose among these - there is a mix of theories, you can invoke various theories that lead to one or another result. Legal theory is found in 208 equality, 215 association, | + | * **Fourth, Anthropological method** was proposed by Greimacher and Walf. The discussion gives the impression the Church can decide, instead, they are embedded in the nature of the person. People cannot abandon them at the church door, and the church can't deny them for the same reason. It questions the legitimacy of the question. |
- | * Shouldn' | + | * **Code** did not choose among these - there is a mix of theories, you can invoke various theories that lead to one or another result. Legal theory is found in 208 equality, 215 association, |
+ | * Shouldn' | ||
* Where does this leave the fundamental rights of all the Christian faithful? Is it possible that these fundamental rights that are spread through the code have a superiority to other canons. At least there is the tacit foundation of the rights of all, then the laity and clerics as sub groupings. But are the fundamental rights of all above other norms of the code or local norms. | * Where does this leave the fundamental rights of all the Christian faithful? Is it possible that these fundamental rights that are spread through the code have a superiority to other canons. At least there is the tacit foundation of the rights of all, then the laity and clerics as sub groupings. But are the fundamental rights of all above other norms of the code or local norms. | ||
* What text says is more important that the will of the legislator. Look first to the text, then to context, then to will of legislator. You can opt for an interpretation of norms that respects the fundamental rights. But //Lex specialis derogat generali.// General norm is equality, unless legislative inequality. | * What text says is more important that the will of the legislator. Look first to the text, then to context, then to will of legislator. You can opt for an interpretation of norms that respects the fundamental rights. But //Lex specialis derogat generali.// General norm is equality, unless legislative inequality. | ||
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**Canon 208 Equality** From Christ, there is a __genuine equality of dignity and action__, equality in contribution according to his or her own condition and office. Treat equals equally. Equality before the law is most solid - equality in the law: everyone is treated equally - but this isn't always fair, for example, handicapped parking. Equality through the law, make unequals equal: more income, more taxes; affirmative action - compensating one for bad done to ancestors. Context can determine whether a particular criteria is acceptable for distinguishing between people. Taxing the opposition party' | **Canon 208 Equality** From Christ, there is a __genuine equality of dignity and action__, equality in contribution according to his or her own condition and office. Treat equals equally. Equality before the law is most solid - equality in the law: everyone is treated equally - but this isn't always fair, for example, handicapped parking. Equality through the law, make unequals equal: more income, more taxes; affirmative action - compensating one for bad done to ancestors. Context can determine whether a particular criteria is acceptable for distinguishing between people. Taxing the opposition party' | ||
- | |||
* **Equality is not easy to reconcile to hierarchy** It is important to note that it is in a hierarchical context where power of governance and power of ordination are identified; how square this with equality. Where is vera ... aequalitas. Divine constitution of the church as a basis for non-ordination can't be attacked by fundamental rights. Equality according to dignity and function. Three types of equality - in the law, through the law and before the law. Equality in the law - all treated in the same way: flat tax. But this doesn' | * **Equality is not easy to reconcile to hierarchy** It is important to note that it is in a hierarchical context where power of governance and power of ordination are identified; how square this with equality. Where is vera ... aequalitas. Divine constitution of the church as a basis for non-ordination can't be attacked by fundamental rights. Equality according to dignity and function. Three types of equality - in the law, through the law and before the law. Equality in the law - all treated in the same way: flat tax. But this doesn' | ||
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**Canon 222 Provide for Church** | **Canon 222 Provide for Church** | ||
- | **Canon 223 Common Good** | + | **Canon 223 Common Good** |
+ | * The collective element is more present in the Church than in the state. The collective rights however are not present. E.g. Parish Rights Parish has rights, but most of these problems are with the pastor, yet the pastor is the one who represents the interests of the parish. Parishoners can act as individuals or groups, but they can't act as a parish without the pastor. Bishop can moderate use of rights in view of common good - Krut Walf says this negates the rights; but moderate shouldn' | ||
===Title II: Obligations and Rights of the Lay Faithful=== | ===Title II: Obligations and Rights of the Lay Faithful=== | ||
| | ||
- | **Canon 224** Lay faithful have additional rights. First four treat external rights, in addition to rights above. | + | **Canon 224** Lay faithful have additional rights. |
**Canon 225 Lay Apostolate** §1 Lay people are __commissioned__ to the apostolate __by baptism and confirmation__, | **Canon 225 Lay Apostolate** §1 Lay people are __commissioned__ to the apostolate __by baptism and confirmation__, | ||
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**Canon 229 Theological Education** §1 Lay people have the __duty and the right to christian teaching__ so the can live, proclaim and defend it, and to exercise the church' | **Canon 229 Theological Education** §1 Lay people have the __duty and the right to christian teaching__ so the can live, proclaim and defend it, and to exercise the church' | ||
- | **Canon 230 Office of Laity** §1 Men can be given the " | + | **Canon 230 Office of Laity** §1 "Lay people who have the age and skills determined by decree by the Episcopal Conference, |
- | + | ||
- | [[http:// | + | *[[http:// |
+ | * [[http:// | ||
**Canon 231 Formation and Remuneration** §1 Lay people with offices have __duty to acquire formation__, | **Canon 231 Formation and Remuneration** §1 Lay people with offices have __duty to acquire formation__, | ||
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* **Incardination from earliest apostolic times,** supported through conciliar decrees. 1917 code focused on discipline. 1983 code brought focus more to pastoral needs and the common good of the Church. There was move toward a more equitable distribution of clergy worldwide. 1. Stable ministers, 2. Stable income and employment of clergy, 3. Protection of rights. | * **Incardination from earliest apostolic times,** supported through conciliar decrees. 1917 code focused on discipline. 1983 code brought focus more to pastoral needs and the common good of the Church. There was move toward a more equitable distribution of clergy worldwide. 1. Stable ministers, 2. Stable income and employment of clergy, 3. Protection of rights. | ||
- | * **More recently //Pastor Bonis//** need for better distribution of clergy. Bishops must have awareness of the needs of the church worldwide. The rights of the faithful are rarely mentioned in discussions of distribution of clergy. Eastern code is very similar but there is a bit on courtesy between bishops. | + | * **More recently //Pastor Bonis// |
- | * **Future: | + | * **// |
**Canon 265 All incardinated** Every cleric incardinated. Transient clerics disallowed. Clergy must be examined - will they be useful to the pastoral care of the faithful. Usefulness should not be linked to the clergy shortage. Ordination of numbers is not the best. The faithful should be given the benefit of the doubt - they should be well served. Incardination for provision of 1. pastoral service for people, 2. livelihood for clergy, 3. labor force for leaders. | **Canon 265 All incardinated** Every cleric incardinated. Transient clerics disallowed. Clergy must be examined - will they be useful to the pastoral care of the faithful. Usefulness should not be linked to the clergy shortage. Ordination of numbers is not the best. The faithful should be given the benefit of the doubt - they should be well served. Incardination for provision of 1. pastoral service for people, 2. livelihood for clergy, 3. labor force for leaders. | ||
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**Canon 273 Respect and Obedience** __Obligation of respect and obedience__ to the Pope and their bishop (ordinary) | **Canon 273 Respect and Obedience** __Obligation of respect and obedience__ to the Pope and their bishop (ordinary) | ||
- | **Canon 274 Cleric | + | **Canon 274 Cleric |
**Canon 275 Unity** §1 Clerics to be united in cooperation, | **Canon 275 Unity** §1 Clerics to be united in cooperation, | ||
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**Canon 294** Personal prelatures may be established by the Apostolic See after consultation with the Episcopal Conferences concerned. There are priests and deacons; to promote an appropriate distribution of priests, or special enterprise. Only one example: Opus Dei: founded by Josemaria Escriva 1928. Its mission is to spread the message that work and the circumstances of everyday life are occasions for growing closer to God, for serving others, and for improving society. Sanctification of ordinary life. Approved as personal prelature 1982 by JPII. Ap. const "Ut Sit" plus accompanying Statutes (c. 295) make clear full membership of priests and laity (c. 296). Some celibate members (Numeraries and Associates); | **Canon 294** Personal prelatures may be established by the Apostolic See after consultation with the Episcopal Conferences concerned. There are priests and deacons; to promote an appropriate distribution of priests, or special enterprise. Only one example: Opus Dei: founded by Josemaria Escriva 1928. Its mission is to spread the message that work and the circumstances of everyday life are occasions for growing closer to God, for serving others, and for improving society. Sanctification of ordinary life. Approved as personal prelature 1982 by JPII. Ap. const "Ut Sit" plus accompanying Statutes (c. 295) make clear full membership of priests and laity (c. 296). Some celibate members (Numeraries and Associates); | ||
- | **Canon 295** §1 Governed by statutes laid down by the Apostolic See. Prelate presides as proper Ordinary with right to a seminary & incardination. §2 The Prelate provides spiritual formation and support for ordained. Pamplona / Santa Croce. | + | **Canon 295** Change: [[https:// |
+ | |||
+ | * § 1. The personal prelature, which is similar to public clerical associations of pontifical law with the ability to incardinate clerics, is governed by statutes approved or emanated by the Apostolic See and presided over by the Prelate as Moderator, endowed with the faculties of an Ordinary, ..with right to incardinate. | ||
+ | * § 2. As a Moderator endowed with the faculties of an Ordinary, the Prelate must provide either for the spiritual education of those whom he has promoted by the aforementioned title, or for their dignified support. | ||
+ | * Formerly: | ||
- | **Canon 296** Lay people can dedicate themselves by agreement as defined in statutes. | + | **Canon 296** In view of can. 107, according to the provisions and agreements entered into with the prelature, the laity can dedicate themselves to the apostolic works of the personal prelature; but the manner of this organic cooperation and the main duties and rights connected with it, shall be determined appropriately in the statutes." |
**Canon 297** The statutes define the relationships with local ordinaries where they act. | **Canon 297** The statutes define the relationships with local ordinaries where they act. | ||
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**Canon 361** In this Code the terms Apostolic See or Holy See mean not only the Roman Pontiff, but also, unless the contrary is clear from the nature of things or from the context, the Secretariat of State, the Council for the public affairs of the Church, and the other Institutes of the Roman Curia. [[http:// | **Canon 361** In this Code the terms Apostolic See or Holy See mean not only the Roman Pontiff, but also, unless the contrary is clear from the nature of things or from the context, the Secretariat of State, the Council for the public affairs of the Church, and the other Institutes of the Roman Curia. [[http:// | ||
- | The Roman Curia has been variously organized over the centuries. The document governing the current organization of the Curia, which has been amended, | + | The Roman Curia has been variously organized over the centuries. The document governing the current organization of the Curia is [[https://press.vatican.va/ |
==Chapter V: Papal Legates.== | ==Chapter V: Papal Legates.== |
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