Canon Law

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book2 [2021/01/11 07:10] 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>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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 **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 Lay people 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 1994]]: 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/letters/2021/documents/papa-francesco_20210110_lettera-donne-lettorato-accolitato.html|Motu Proprio 2021]]: Opens the stable ministry (//munus//) to women.+  * [[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 SeePrelate 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:]] 
  
-**Canon 296** Lay people can dedicate themselves by agreement as defined in statutes.+  * § 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** 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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