Canon Law

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book2 [2017/07/12 04:50] – [Part I: Christ's Faithful] amycsjbook2 [2023/08/08 10:48] (current) amycsj
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 +{{keywords>canon law 1983 1917 jcd consecrated canonist canonical hereford religious legal}} 
 +{{keywords>Amy Hereford CSJ JCD Consultation Facilitation Covenant Webinar 1983 1917 canonical Canon Law Attorney Canonist Catholic Religious Life Nuns Webcast cssj sisters2.0 women lcwr rcri clsa sponsorship schools juridic person patrimony alienation}}
 =====Book II: People of God===== =====Book II: People of God=====
 ====Part I: Christ's Faithful==== ====Part I: Christ's Faithful====
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   * The Church - //subsists// in the catholic Church. Conciliar / theological in approach. However, //subsistit in// is legally problematic as it seems to include also the non-catholic Christians.   * The Church - //subsists// in the catholic Church. Conciliar / theological in approach. However, //subsistit in// is legally problematic as it seems to include also the non-catholic Christians.
   * From LG 9-10   * From LG 9-10
-    * Baptized means all Christians, and also those who left the church by formal act. Membership is a personal act of relationship with God - a calling. Being a member of the parish as well is not just a being part of a club. The institutional and spiritual aspects are of the same relationship. For this reason, a pastor can't kick out a parishioner. This is a religious area of conscience. Leaving by formal act - you have to be first a heretic, apostate or schismatic. And in fact you remain a member but not in communion.+    * Baptized means all Christians, and also those who left the church by formal act. Membership is a personal act of relationship with God - a calling. Being a member of the parish as well is not just a being part of a club. The institutional and spiritual aspects are of the same relationship. For this reason, a pastor can't kick out a parishioner. This is a religious area of conscience. Leaving by formal act - you have to be first a heretic, apostate or schismatic. And in factyou remain a member but not in communion.
  
-**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, sacramentsand 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** "Catechumens are __linked__ with the Church __in a special way since___... the Church has special care for catechumens." Neither the canon or its source gives enlightenment on extra prerogatives for catechumens. 1183, funeral, 1170 blessing. Legally unbaptized, but they get some benefits of the community.+**Canon 206 Catechumens** "Catechumens are __linked__ with the Church __in a special way since___... the Church has special care for catechumens." Neither the canon or its source gives enlightenment on extra prerogatives for catechumens. 1183, funeral, 1170 blessing. Legally unbaptized, but they get some benefits of the community.
  
-**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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 **//Lex Ecclesiae Fundamentalis//** originally seen as the umbrella over CIC and CCEO. However, this didn't occur, it would have made them formally superior to the rest of the code. E.g. if equality were superior, then special could not derogate. **//Lex Ecclesiae Fundamentalis//** originally seen as the umbrella over CIC and CCEO. However, this didn't occur, it would have made them formally superior to the rest of the code. E.g. if equality were superior, then special could not derogate.
   * **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 "obligations and rights of the Christian Faithful." Human rights were born as a reaction in legal systems in elightenment and liberalism - individual freedom vis-a-vis the state. This comes with some difficulty into the church where leaders still claim absolute divine right.  Free zones for the person implies a conflict of interest between those in charge and the people. Torfs says when a right becomes an obligation, it becomes a duty, not a right.   * **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 "obligations and rights of the Christian Faithful." Human rights were born as a reaction in legal systems in elightenment and liberalism - individual freedom vis-a-vis the state. This comes with some difficulty into the church where leaders still claim absolute divine right.  Free zones for the person implies a conflict of interest between those in charge and the people. Torfs says when a right becomes an obligation, it becomes a duty, not a right.
-  * **Development** 1917 Code had more emphasis on rights of clergy & bishops over the faithful. +  * **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 of rights developed in the secular state. There could be limits, but you could have right to life, right of association, due process, many of these have canonical origins in the first place. Freedom of religion and freedom of expression would have to be nuanced. +    * **First, the legal approach** is advanced by J. Beyer [Gent]. Let's take the catalogs of rights developed in the secular state. There could be limits, but you could have right to life, right of association, due process, many of these have canonical origins in the first place. Freedom of religion and freedom of expression would have to be nuanced. 
-    * **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 rights. +    * **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 rights. 
-    * **Third, legal/theological approach** developed by Johannes Neumann. Legal theory with theological correctionlater left the priesthood. "Human rights also in the church." Takes fundamental rights, but then puts each through the screen of theological deepening. Freedom of expression, this is accompanied with respect. Freedom of scientific research, but with accommodation for the hierarchs. +    * **Third, legal/theological approach** developed by Johannes Neumann. Legal theory with theological correction later left the priesthood. "Human rights also in the church." Takes fundamental rights, but then puts each through the screen of theological deepening. Freedom of expression, this is accompanied with respect. Freedom of scientific research, but with accommodation for the hierarchs. 
-    * **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, 220, privacy, 221.3 legality, 221.1 due process. Theological theory is found in 210 holy life, 211 proclaim the gospel, 213 spiritual assistance. Legal/Theological is found in 218 academic freedom with submission to magisterium. Castillo-Lara says the rights listed are merely a sampling, but there are more - like the anthropologists. Because of the variety of underlying legal theories, sometimes it is not clear how theological or legal a norm should be interpreted and applied. E.g. Canon 213 with the right to assistance by Pastors, especially word and sacrament. Soft right, but also duty to have enough pastors to provide the sacraments, don't hinder those who would like to minister. E.g. celibacy not in East, in west only since 12th century, lateran council, also categorical prohibition of ordination, e.g. of women. +    * **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't this be in an institutional document - the constitution, the human rights conventions. There was a strong move for lex ecclesiae fundamentalis  that would have overarched the Latin and Eastern Codes. Eastern Code drafter Zuzek was advocating this even in the late 80's and early 90's. It would have strengthened the  CCEO. It was opposed from the left and the right. Only the intelligent favored it and they are always a small minority. Conservatives opposed it because it could be a start of all sort of further rights. It could also be a problem for ecumenical thinking. Progressives opposed it because they wanted to base the constitution of the church on the Gospel - but that is not a legal document. Later progressives thought that they had missed an important opportunity. Peter Erdo - Budapest Cardinal said that it is problematic to place natural right norms on a higher level than divine law. E.g. No crime, no punishment. The hierarchy of the hierarchy would be lower than the fundamental rights. Hervada and Lombardia were the best promoters of the Lex Ecclesia Fundamentalis - since it was an important part of a true legal system.+    * **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, 220, privacy, 221.3 legality, 221.1 due process. Theological theory is found in 210 holy life, 211 proclaim the gospel, 213 spiritual assistance. Legal/Theological is found in 218 academic freedom with submission to magisterium. Castillo-Lara says the rights listed are merely a sampling, but there are more - like the anthropologists. Because of the variety of underlying legal theories, sometimes it is not clear how theological or legal a norm should be interpreted and applied. E.g. Canon 213 with the right to assistance by Pastors, especially word and sacrament. Soft right, but also duty to have enough pastors to provide the sacraments, don't hinder those who would like to minister. E.g. celibacy not in East, in west only since 12th century, lateran council, also categorical prohibition of ordination, e.g. of women. 
 +  * Shouldn't this be in an institutional document - the constitution, the human rights conventions. There was a strong move for lex ecclesiae fundamentalis  that would have overarched the Latin and Eastern Codes. Eastern Code drafter Zuzek was advocating this even in the late 80's and early 90's. It would have strengthened the  CCEO. It was opposed from the left and the right. Conservatives opposed it because it could be a start of all sort of further rights. It could also be a problem for ecumenical thinking. Progressives opposed it because they wanted to base the constitution of the church on the Gospel - but that is not a legal document. Later progressives thought that they had missed an important opportunity. Peter Erdo - Budapest Cardinal said that it is problematic to place natural right norms on a higher level than divine law. E.g. No crime, no punishment. The rights of the hierarchy of the hierarchy would be lower than the fundamental rights. Hervada and Lombardia were the best promoters of the Lex Ecclesia Fundamentalis - since it was an important part of a true legal system.
   * 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 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's mission. §2 They have the right to fuller knowledge of the sacred sciences and degrees. §3 Lay people can teach the sacred sciences. **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's mission. §2 They have the right to fuller knowledge of the sacred sciences and degrees. §3 Lay people can teach the sacred sciences.
  
-**Canon 230 Office of Laity** §1 Men can be given the "stable ministry" of lector and of acolyte. Normally unpaid. This is rarely done because the canon excludes women. §2 All lay people can exercise the roles of __lector, commentator, cantor, etc__. §3 Where the needs of the Church require and ministers are not available, lay people can exercise the ministry of the word, preside over liturgical prayers, confer baptism and distribute Holy Communion, in accordance with law. Deacons can't do much more: homily and read gospel. +**Canon 230 Office of Laity** §1 "Lay people who have the age and skills determined by decree by the Episcopal Conference, can be permanently employed, through the established liturgical rite, in the ministries of readers and acolytes; however, this conferment does not give them the right to sustenance or remuneration by the Church.§2 All lay people can exercise the roles of __lector, commentator, cantor, etc__. §3 Where the needs of the Church require and ministers are not available, lay people can exercise the ministry of the word, preside over liturgical prayers, confer baptism and distribute Holy Communion, in accordance with law. Deacons can't do much more: homily and read the gospel. 
- +  
-[[http://www.vatican.va/roman_curia/pontifical_councils/intrptxt/documents/rc_pc_intrptxt_doc_22091998_authentic-interp_lt.html|Authentic Interpretation]]: Female acolytes allowed.+  *[[http://www.vatican.va/roman_curia/pontifical_councils/intrptxt/documents/rc_pc_intrptxt_doc_22091998_authentic-interp_lt.html|Authentic Interpretation 1994]]: Female acolytes allowed
 +  * [[http://www.vatican.va/content/francesco/it/motu_proprio/documents/papa-francesco-motu-proprio-20210110_spiritus-domini.html|Motu Proprio 2021]]: Opens the stable ministry (//munus//) to women.
  
 **Canon 231 Formation and Remuneration** §1 Lay people with offices have __duty to acquire formation__, and act conscientiously, earnestly and diligently fulfill this role. §2 Notwithstanding can. 230 §1, lay people have the __right to a worthy remuneration and benefits__. Much more a matter of civil law. **Canon 231 Formation and Remuneration** §1 Lay people with offices have __duty to acquire formation__, and act conscientiously, earnestly and diligently fulfill this role. §2 Notwithstanding can. 230 §1, lay people have the __right to a worthy remuneration and benefits__. Much more a matter of civil law.
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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//** (1988) 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. Clerical mobility and stability are changing. The people of God have a right to ministry. The concepts of discipline of the 1917 are being raised up because of the sex abuse problem. The policies on incardination are geared not to facilitating the move, but to prohibiting the move. Married clergy - how would this effect incardination. New ecclesial movements may draw clergy across diocesan lines. Is there a future for the diocesan structure (canon 369). How does this effect the development of lay ministries? John Paul II said: Seek other solutions to the shortage.  Deacons are under the incardination system. But especially married deacons with other employment may have to choose between his bonds: employer, family, church. 
-  * **Future:** Clerical mobility and stability are changing. The people of God have a right to ministry. The concepts of discipline of the 1917 are being raised up because of the sex abuse problem. The policies on incardination are geared not to facilitating the move, but to prohibiting the move. Married clergy - how would this effect incardination. New ecclesial movements may draw clergy across diocesan lines. Is there a future for the diocesan structure (canon 369). How does this effect the development of lay ministries? John Paul II said: Seek other solutions to the shortage.  Deacons are under the incardination system. But especially married deacons with other employment may have to choose between his bonds: employer, family, church.+  * **//Predicate Evangelium//** (2022) reorganizes the curia into 16 "dicastries" with the preeminent among them being the Dicastery for Evangelization. All dicasteries can be lead by qualified lay persons, Cardinals or clerics are no longer required. And the heads of all dicasteries are to meet regularly with the pope, rather than only the heads of Doctrine and Bishops as previously. The text in Italiain: https://press.vatican.va/content/salastampa/it/bollettino/pubblico/2022/03/19/0189/00404.html
  
 **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 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); most however are married (Supernumeraries). Statutes prescribe cooperation with diocesan Bishop (c. 297). Arrieta and others: Personal jurisdiction of Prelate: Opus Dei is a "complementary" structure, like Military Ordinariates, in which the members remain members of the diocese in which they have domicile. **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); most however are married (Supernumeraries). Statutes prescribe cooperation with diocesan Bishop (c. 297). Arrieta and others: Personal jurisdiction of Prelate: Opus Dei is a "complementary" structure, like Military Ordinariates, in which the members remain members of the diocese in which they have domicile.
  
-**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://www.vatican.va/content/francesco/it/motu_proprio/documents/20230808-motu-proprio-prelature-personali.html|MP 8/8/23:]]  
 + 
 +  * § 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: §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 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."Lay people can dedicate themselves by agreement as defined in 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://www.vatican.va/roman_curia/index.htm| Curia Website]] They are executive offices and may issues instructions, declarations, directories and responses. **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://www.vatican.va/roman_curia/index.htm| Curia Website]] They are executive offices and may issues instructions, declarations, directories and responses.
  
-The Roman Curia has been variously organized over the centuries. The document governing the current organization of the Curia, which has been amended, is [[http://w2.vatican.va/content/john-paul-ii/en/apost_constitutions/documents/hf_jp-ii_apc_19880628_pastor-bonus-index.html| Pastor Bonus 1988]].+The Roman Curia has been variously organized over the centuries. The document governing the current organization of the Curia is [[https://press.vatican.va/content/salastampa/it/bollettino/pubblico/2022/03/19/0189/00404.html| Predicate Evangelium 2022]].
  
 ==Chapter V: Papal Legates.== ==Chapter V: Papal Legates.==
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