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 ======Book II - Part III====== ======Book II - Part III======
  **Institutes of Consecrated Life and Societies of Apostolic Life**   **Institutes of Consecrated Life and Societies of Apostolic Life** 
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 **Canon 579 Establishing Diocesan Congregations** **Canon 579 Establishing Diocesan Congregations**
-Provided the Apostolic See has been consulted, diocesan Bishops can, by formal decree, establish institutes of consecrated life in their own territories.+The diocesan bishop, in his own territory, can validly erect institutes of consecrated by formal decree with the prior written permission of the Apostolic See. (updated by motu proprio //Authenticum charismatis// Nov 2020). Previously: Provided the Apostolic See has been consulted, diocesan Bishops can, by formal decree, establish institutes of consecrated life in their own territories.
  
-  * Diocesan bishop can erect an institute, but must: consult the holy see - but actually they must approve - 1989 there was discoursebut no formal legislation or instruction. Now, the consultation "is to be understood as necessary for the validity of the erection of a diocesan institute of consecrated life," according to a [[http://www.vatican.va/roman_curia/secretariat_state/parolin/2016/documents/rc_seg-st_20160511_parolin-rescritto-can579cdc_en.html|2016 rescript]]. Consult actually means you can follow or not. What about extraterritorial approval - diocese is split. What happens? Or the institute expands. The external authority is the diocesan bishop of the houses of the institute. The bishop of the diocese of the principal house has special duties. The essential changes in the life of an institute, and the question of hierarchy and what are internal matters will be spelled out in following canons.+  * Diocesan bishop can erect an institute with prior written approval. Previously the canon required consultation of the holy see. Then in 2016, rescript on this canon was issued which says in part: “Thereforein accordance with the view of the Pontifical Council for Legislative Texts, the Holy Father Pope Francis at the Audience accorded to the undersigned Secretary of State on 4 April 2016, has set forth that prior consultation with the Holy See is to be understood as necessary //ad validitatem// before establishing a diocesan institute of consecrated life, otherwise risking nullity of the decree of establishment of this said Institute. The present Rescript will be promulgated by way of publication in L’Osservatore Romano, and will enter into force, on 1 June 2016, and subsequently be published in the Acta Apostolicae Sedis. --from the Vatican, Cardinal Pietro Parolin, Secretary of State.”  
 +The entire rescript can be viewed at:  [[http://www.vatican.va/roman_curia/secretariat_state/parolin/2016/documents/rc_seg-st_20160511_parolin-rescritto-can579cdc_en.html|2016 rescript]]. The external authority is the diocesan bishop of the houses of the institute. The bishop of the diocese of the principal house has special duties. The essential changes in the life of an institute, and the question of hierarchy and what are internal matters will be spelled out in the following canons.
   * CF MR 57   * CF MR 57
  
-  * **PC 19:** In a new institute, look for for original inspiration, profession of evangelical counsels, good of the church and world as well as is this institute necessary and not duplicating other institutes, does it show promise of increase, and does it have the necessary resources. In the past bishops founded institutes with out specific charism, especially at the turn of the 19th century. This still happens.+  * **PC 19:** In a new institute, look for original inspiration, the profession of evangelical counsels, good of the church and world as well as is this institute necessary and not duplicating other institutes, does it show promise of increase, and does it have the necessary resources. In the pastbishops founded institutes without specific charism, especially at the turn of the 19th century. This still happens.
  
-  * **VC 12:** "The perennial youth of the Church continues to be evident even today. In recent years, following the Second Vatican Council, new or renewed forms of the consecrated life have arisen. In many cases, these are Institutes similar to those already existingbut inspired by new spiritual and apostolic impulses. Their vitality must be judged by the authority of the Church, which has the responsibility of examining them in order to discern the authenticity of the purpose for their foundation and to prevent the proliferation of institutions similar to one another, with the consequent risk of a harmful fragmentation into excessively small groups."+  * **VC 12:** "The perennial youth of the Church continues to be evident even today. In recent years, following the Second Vatican Council, new or renewed forms of the consecrated life have arisen. In many cases, these are Institutes similar to those already existing but inspired by new spiritual and apostolic impulses. Their vitality must be judged by the authority of the Church, which has the responsibility of examining them in order to discern the authenticity of the purpose for their foundation and to prevent the proliferation of institutions similar to one another, with the consequent risk of a harmful fragmentation into excessively small groups."
  
   * Founding a community begins with a small gathering in a house, radically living the gospel, following a particular call. They are generally in informal dialogue with the bishop. [[http://a.co/4RSRGar| //See I Am Making Something New - on founding an institute]]   * Founding a community begins with a small gathering in a house, radically living the gospel, following a particular call. They are generally in informal dialogue with the bishop. [[http://a.co/4RSRGar| //See I Am Making Something New - on founding an institute]]
-    * When a group begins to have a public presence in the local church they may become: 1) a de facto association, 2) a private association of the christian faithful, 3) a public association of the christian faithful. Book II Part I: Assns of the Xn Faithful: __De facto__ assn c. 298-299. draw up statutes. __Private Assn__. __Public Assn.__+    * When a group begins to have a public presence in the local church they may become: 1) a de facto association, 2) a private association of the Christian faithful, 3) a public association of the Christian faithful. Book II Part I: Assns of the Xn Faithful: __De facto__ assn c. 298-299. draw up statutes. __Private Assn__. __Public Assn.__
     * The bishop consults the Apostolic See before erecting a religious congregation.      * The bishop consults the Apostolic See before erecting a religious congregation. 
     * The Congregation for Institutes of Consecrated Life and Societies of Apostolic Life (CICLSAL) is competent. They will generally require some indicia of vitality and stability, new spiritual and apostolic impulses, and authenticity of life and mission. Required for validity: AAS 108 (2016) 696      * The Congregation for Institutes of Consecrated Life and Societies of Apostolic Life (CICLSAL) is competent. They will generally require some indicia of vitality and stability, new spiritual and apostolic impulses, and authenticity of life and mission. Required for validity: AAS 108 (2016) 696 
     * Pastor Bonus 105-111 outlines the role of CICL     * Pastor Bonus 105-111 outlines the role of CICL
       * Art. 105 — The principal function of the Congregation for Institutes of Consecrated Life and for Societies of Apostolic Life is to promote and supervise in the whole Latin Church the practice of the evangelical counsels as they are lived in approved forms of consecrated life and, at the same time, the work of societies of apostolic life.       * Art. 105 — The principal function of the Congregation for Institutes of Consecrated Life and for Societies of Apostolic Life is to promote and supervise in the whole Latin Church the practice of the evangelical counsels as they are lived in approved forms of consecrated life and, at the same time, the work of societies of apostolic life.
-      * Art. 106 — § 1. The Congregation erects and approves religious and secular institutes and societies of apostolic life, or passes judgement on the suitability of their erection by the diocesan bishop. It also suppresses such institutes and societies if necessary.+      * Art. 106 — § 1. The Congregation erects and approves religious and secular institutes and societies of apostolic life, or passes judgment on the suitability of their erection by the diocesan bishop. It also suppresses such institutes and societies if necessary.
       * § 2. The Congregation is also competent to establish, or, if need be, to rescind, the unions or federations of institutes and societies.       * § 2. The Congregation is also competent to establish, or, if need be, to rescind, the unions or federations of institutes and societies.
-      * Art. 107 — The Congregation for its part takes care that institutes of consecrated life and societies of apostolic life grow and flourish according to the spirit of their founders and healthy traditions, faithfully follow their proper purpose and truly benefit the salvific mission of the Church. +      * Art. 107 — The Congregation for its part takes care that institutes of consecrated life and societies of apostolic life grow and flourish according to the spirit of their founders and healthy traditions, faithfully follow their proper purposeand truly benefit the salvific mission of the Church. 
-      * Art. 108 — § 1. It deals with everything which, in accordance with the law, belongs to the Holy See concerning the life and work of the institutes and societies, especially the approval of their constitutions, their manner of government and apostolate, the recruitment and training as well as the rights and obligations of members, dispensation from vows and the dismissal of members, and the administration of goods.+      * Art. 108 — § 1. It deals with everything which, in accordance with the law, belongs to the Holy See concerning the life and work of the institutes and societies, especially the approval of their constitutions, their manner of government and apostolate, the recruitment and training as well as the rights and obligations of members, dispensation from vows and the dismissal of members, and the administration of goods.
       * § 2. However, the organization of philosophical and theological studies and other academic subjects comes within the competence of the Congregation of Seminaries and Institutes of Studies.       * § 2. However, the organization of philosophical and theological studies and other academic subjects comes within the competence of the Congregation of Seminaries and Institutes of Studies.
-      * Art. 109 — It is the function of this Congregation to establish conferences of major superiors of men and women religious, to grant approval to their statutes and to give great attention in order that their activities are directed to achieving their true purpose. +      * Art. 109 — It is the function of this Congregation to establish conferences of major superiors of men and women religious, to grant approval to their statutesand to give great attention in order that their activities are directed to achieving their true purpose. 
-      * Art. 110 — The Congregation has competence also regarding eremetical life, the order of virgins and their associations as well as other forms of consecrated life.+      * Art. 110 — The Congregation has competence also regarding eremitical life, the order of virgins and their associations as well as other forms of consecrated life.
       * Art. 111 — Its competence also embraces the third orders and associations of the faithful which are erected with the intention that, after a period of preparation, they may eventually become institutes of consecrated life or societies of apostolic life.       * Art. 111 — Its competence also embraces the third orders and associations of the faithful which are erected with the intention that, after a period of preparation, they may eventually become institutes of consecrated life or societies of apostolic life.
   * File is sent to Rome with required documents. 1) name and CV of founder and superior. 2) historical / juridical narrative. 3) Constitution and secondary document. 4) Picture of habit. 5) Up-to-date membership statistics. 6) Finances. 7) Extraordinary experiences and miracles. 8) Testimonial letters from bishops on usefulness, stability, discipline, formation, government, temporal administration, liturgical & sacramental dimension, ecclesial sense.   * File is sent to Rome with required documents. 1) name and CV of founder and superior. 2) historical / juridical narrative. 3) Constitution and secondary document. 4) Picture of habit. 5) Up-to-date membership statistics. 6) Finances. 7) Extraordinary experiences and miracles. 8) Testimonial letters from bishops on usefulness, stability, discipline, formation, government, temporal administration, liturgical & sacramental dimension, ecclesial sense.
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   * CICLSAL likes about 5-10 years in each step. and about 40 people for diocesan and 100 for pontifical. Prefers orderly approach: private assn, public assn, diocesan, pontifical.   * CICLSAL likes about 5-10 years in each step. and about 40 people for diocesan and 100 for pontifical. Prefers orderly approach: private assn, public assn, diocesan, pontifical.
   * Some associates and oblates associated to older institutes. Not to be religious, but canonical and associated.   * Some associates and oblates associated to older institutes. Not to be religious, but canonical and associated.
-  * This is examined by two persons and forwarded to Prefect. CDF may be consulted. In granting the Nihil obstat is received, the bishop can erect as diocesan bishop. Superior professes vows before bishop. Then the rest profess vows before the superior.   [[http://a.co/1nAtBuC | See I am Making Something New]]+  * This is examined by two persons and forwarded to Prefect. CDF may be consulted. In granting the Nihil obstat is received, the bishop can erect as diocesan bishop. Superior professes vows before the bishop. Then the rest profess vows before the superior.   [[http://a.co/1nAtBuC | See I am Making Something New]]
  
  
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   * E.g. between Dominicans, Franciscans, Carmelites, Benedictines.    * E.g. between Dominicans, Franciscans, Carmelites, Benedictines. 
   * Sharing resources, spirituality, and mission, while remaining autonomous institutes.    * Sharing resources, spirituality, and mission, while remaining autonomous institutes. 
-  * Under the authority of the agreggating institute.+  * Under the authority of the aggregating institute.
  
 **Canon 581 Parts**  It is for the competent authority of the institute to divide the institute into parts, by whatever name these may be called, to establish new parts, or to unite or otherwise modify those in existence, in accordance with the __constitutions__. **Canon 581 Parts**  It is for the competent authority of the institute to divide the institute into parts, by whatever name these may be called, to establish new parts, or to unite or otherwise modify those in existence, in accordance with the __constitutions__.
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 **Canon 582 Restructuring**  Fusions and unions of institutes of consecrated life are reserved to the Apostolic See alone. To it are likewise reserved confederations or federations. **Canon 582 Restructuring**  Fusions and unions of institutes of consecrated life are reserved to the Apostolic See alone. To it are likewise reserved confederations or federations.
-  * Fusion - small institute gets joined to a larger one - small institute is suppressed.  +  * Fusion - small institute gets joined to a larger one - the small institute is suppressed.  
-  * Union - Two or more of same size join - all former institutes are suppressed and a new one is erected with new constitutions and new elections of leadership. +  * Union - Two or more of the same size join - all former institutes are suppressed and a new one is erected with new constitutions and new elections of leadership. 
   * Holy see ensures justice and the good of all institutes and local churches. There is a lengthy process to ensure all rights and obligations are respected.     * Holy see ensures justice and the good of all institutes and local churches. There is a lengthy process to ensure all rights and obligations are respected.  
-  * Federations are collaborative groups of independent congregations. Independent abbeys are completely responsible for everthing and they are urged to federate. Confederation is a federation of federations. E.g. the benedictines have congregations which are federations of independent houses. All these are confederated under an Abbot Primate. Same with Canons Regular of St. Augustine, also non-reformed Cistercians. OCSO is a federation of independent houses. The separate religious families have patrimony, and they have the structures of the same name, but they have different roles and functions within their institutes. What can be done on a lower level, it is best to do it here. But what about competence, e.g. in a small diocese without a vicar for religious. +  * Federations are collaborative groups of independent congregations. Independent abbeys are completely responsible for everything and they are urged to federate. Confederation is a federation of federations. E.g. the Benedictines have congregations which are federations of independent houses. All these have confederated under an Abbot Primate. Same with Canons Regular of St. Augustine, also non-reformed Cistercians. OCSO is a federation of independent houses. The separate religious families have patrimony, and they have the structures of the same name, but they have different roles and functions within their institutes. What can be done on a lower level, it is best to do it here. But what about competence, e.g. in a small diocese without a vicar for religious. 
   *CO requires contemplative monasteries to federate.    *CO requires contemplative monasteries to federate. 
  
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 **Canon 584 Suppression** Only the Apostolic See can suppress an institute and dispose of its temporal goods. **Canon 584 Suppression** Only the Apostolic See can suppress an institute and dispose of its temporal goods.
  
-  * This really applies to the apostolic orders. In abbeys, it isn't the institute that is important but the abbeys themselves and their suppression is a significant occurance, but internal to the institute. +  * This really applies to the apostolic orders. In abbeys, it isn't the institute that is important but the abbeys themselves and their suppression is a significant occurrence, but internal to the institute. 
   * Also, Canon 123: On the extinction of a public juridical person, the arrangements for its patrimonial goods and rights, and for its liabilities, are determined by law and the statutes. If these do not deal with the matter, the arrangements devolve upon the next higher juridical person, always with due regard for the wishes of the founders or benefactors and for acquired rights. On the extinction of a private juridical person, the arrangements for its goods and liabilities are governed by its own statutes.    * Also, Canon 123: On the extinction of a public juridical person, the arrangements for its patrimonial goods and rights, and for its liabilities, are determined by law and the statutes. If these do not deal with the matter, the arrangements devolve upon the next higher juridical person, always with due regard for the wishes of the founders or benefactors and for acquired rights. On the extinction of a private juridical person, the arrangements for its goods and liabilities are governed by its own statutes. 
   * Increasingly important as many institutes in Europe and North America are declining.    * Increasingly important as many institutes in Europe and North America are declining. 
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     * the admission and formation of members, and      * the admission and formation of members, and 
     * the proper object of their sacred bonds.      * the proper object of their sacred bonds. 
-  * §2 This code is approved by the competent ecclesiastical authorityand can be changed only with the consent of the same. +  * §2 This code is approved by the competent ecclesiastical authority and can be changed only with the consent of the same. 
   * §3 In the constitutions, the spiritual and juridical elements are to be aptly harmonized. Norms, however, are not to be multiplied without necessity.    * §3 In the constitutions, the spiritual and juridical elements are to be aptly harmonized. Norms, however, are not to be multiplied without necessity. 
   * §4 Other norms which are established by the competent authority of the institute are to be properly collected in other codes, but these can be conveniently reviewed and adapted according to the needs of time and place.   * §4 Other norms which are established by the competent authority of the institute are to be properly collected in other codes, but these can be conveniently reviewed and adapted according to the needs of time and place.
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     * incorporation, formation;     * incorporation, formation;
     * vows (proper object = way of observing).     * vows (proper object = way of observing).
-  * Way of governing springs from the charism - when law is written well, then you should be able to determine the spirit from that. Council of major superior is important to the way of a lifestyle - how would a carthusian council differ from an apostolic order.+  * Way of governing springs from the charism - when law is written well, then you should be able to determine the spirit from that. Council of major superior is important to the way of a lifestyle - how would a Carthusian council differ from an apostolic order.
   * In some communities, individual leadership is more important, in others, group leadership (chapter and council) is more emphasized.   * In some communities, individual leadership is more important, in others, group leadership (chapter and council) is more emphasized.
-  * Spiritual and juridic elements are to be suitably joined. The two should be linked in such a way as to show the link of norms and spiritual identity.  +  * Spiritual and juridic elements are to be suitably joined. The two should be linked in such a way as to show the link between norms and spiritual identity.  
-  * Constitutions are best short and concise. Elementary, core matters. What would make us different if we were changed1921, 1910 norms on how to make constitutions - too detailed. External approval makes it harder to change. Essentials are in constitutions; what is implementation is in 'other norms.' You only put things in the constitutions if you know why it is in that code - at that level of legislation. +  * Constitutions are best short and concise. Elementary, core matters. What would make us different if we were changed1921, 1910 norms on how to make constitutions - too detailed. External approval makes it harder to change. Essentials are in constitutions; what is implementation is in 'other norms.' You only put things in the constitutions if you know why it is in that code - at that level of legislation. 
   * CIC83 left more to individual institutes to determine than CIC17   * CIC83 left more to individual institutes to determine than CIC17
   * **"Member"**    * **"Member"** 
     * Sodales is used in the 1983 code, in preference to Religioso/i,a,ae in CIC17.     * Sodales is used in the 1983 code, in preference to Religioso/i,a,ae in CIC17.
-    * This is in an attempt to us a gender neutral term. However, it has caused some trouble in the interpretation. In the US, in English, the word "member" has been understood to include associates of religious institutes, volunteers, members of third orders, and various others etc. Generally when working with institutes, I will use the term Brothers or Sisters in preference, so that it is clearer what is meant. +    * This is in an attempt to use a gender-neutral term. However, it has caused some trouble in the interpretation. In the US, in English, the word "member" has been understood to include associates of religious institutes, volunteers, members of third orders, and various others etc. Generallywhen working with institutes, I will use the term Brothers or Sisters in preference, so that it is clearer what is meant. 
  
 **Canon 588 Clerical nor Lay**   **Canon 588 Clerical nor Lay**  
   * §1 In itself, consecrated life is neither clerical nor lay.    * §1 In itself, consecrated life is neither clerical nor lay. 
   * §2 A clerical institute is one which, by reason of the end or purpose intended by the founder, or by reason of lawful tradition, is under the governance of clerics, presupposes the exercise of sacred orders, and is recognized as such by ecclesiastical authority.    * §2 A clerical institute is one which, by reason of the end or purpose intended by the founder, or by reason of lawful tradition, is under the governance of clerics, presupposes the exercise of sacred orders, and is recognized as such by ecclesiastical authority. 
-  * §3 A lay institute is one which is recognized as such by ecclesiastical authority because, by its nature, character and purpose, its proper role, defined by its founder or by lawful tradition, does not include the exercise of sacred orders. +  * §3 A lay institute is one which is recognized as such by ecclesiastical authority because, by its nature, characterand purpose, its proper role, defined by its founder or by lawful tradition, does not include the exercise of sacred orders. 
-  * Some institutes are neither clerical nor lay - Franciscan family has both clerical and lay - it is a way of life not an apostolate. Everyone can contribute to that way of life, priest or brother.  +  * Some institutes are neither clerical nor lay - The franciscan family has both clerical and lay - it is a way of lifenot an apostolate. Everyone can contribute to that way of life, priest or brother.  
-  * CIC17 was pragmatic - you are clerical if a majority of the institute are clerics. A group may go back and forth, but at least the distinction is clear. Clerical = by tradition, under the direction of clerics, assumes exercise of sacred ordersand recognized as such. It gives more rights against the bishop, even if it is inconsistent with the way of life. The very notion of cleric has evolved - in the 12th century it was associated with the ability to read and write. +  * CIC17 was pragmatic - you are clerical if a majority of the institute are clerics. A group may go back and forth, but at least the distinction is clear. Clerical = by tradition, under the direction of clerics, assumes the exercise of sacred orders and recognized as such. It gives more rights against the bishop, even if it is inconsistent with the way of life. The very notion of cleric has evolved - in the 12th centuryit was associated with the ability to read and write. 
   * Franciscans have a tradition of parity between brothers and priests. They have struggled to have brothers in leadership, even if there are priests in the province or congregation.    * Franciscans have a tradition of parity between brothers and priests. They have struggled to have brothers in leadership, even if there are priests in the province or congregation. 
  
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 **Canon 591 Exemption**  To provide for institutes and the needs of the apostolate, the Supreme Pontiff, can withdraw institutes of consecrated life from the governance of local Ordinaries and subject them to himself alone, or to some other. **Canon 591 Exemption**  To provide for institutes and the needs of the apostolate, the Supreme Pontiff, can withdraw institutes of consecrated life from the governance of local Ordinaries and subject them to himself alone, or to some other.
-  * Historical notion. Ex-emere bought out, set free. Identity and vocation bring a rightful autonomy - Freedom in the spirit, freedom of the children of God. In practice these concepts are mixed: exemption and rightful autonomy.  +  * Historical notion. Ex-emere bought out, set free. Identity and vocation bring a rightful autonomy - Freedom in the spirit, freedom of the children of God. In practicethese concepts are mixed: exemption and rightful autonomy.  
-  * First exempt institute was Cluny with daughter houses. Before all religious were under diocesan bishop as all the faithful. Time of western schism, popes tried to bind people to them by privileges, e.g. exemption of religious, most exempt. But ministry, fundraising was a problem for the bishop. They tried to abolish at Trent, but didn't succeed. CIC17: Canon 615* Regulares ... ab Ordinarii loci iurisdictione exempti sunt.... In order to let the religious be what they are. This is not a privilege, but essential.  +  * First exempt institute was Cluny with daughter houses. Before all religious were under diocesan bishop as all the faithful. Time of western schism, popes tried to bind people to them by privileges, e.g. exemption of religious, most exempt. But ministry, fundraising was a problem for the bishop. They tried to abolish at Trent, but didn't succeed. CIC17: Canon 615* Regulares ... ab Ordinarii loci iurisdictione exempti sunt.... In order to let the religious be what they are. This is not a privilege, but essential.  
-  * Exemption as a privilege in the old sense doesn't exist any more, this is replaced by __rightful autonomy.__ There is a larger autonomy for pontifical institutes. See Garcia Martin in CpR 60-63 (1979-1982) on exemption.+  * Exemption as a privilege in the old sense doesn't exist anymore, this is replaced by __rightful autonomy.__ There is a larger autonomy for pontifical institutes. See Garcia Martin in CpR 60-63 (1979-1982) on exemption.
  
 **Canon 592 Communion with Rome** §1 To promote communion, each supreme Moderator is to send a __brief__ account of the state and life of the institute to the same Apostolic See, in the manner and at the time it lays down. **Canon 592 Communion with Rome** §1 To promote communion, each supreme Moderator is to send a __brief__ account of the state and life of the institute to the same Apostolic See, in the manner and at the time it lays down.
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   * History: In many cases an institute was founded by a movement, e.g. canons regular. Then there came to be double monasteries, under a single superior, male or female. In some cases due to problems, they wanted to separate them, abbot remained superior of nuns with real dependence. Cistercian nuns. Other times, there was more autonomy, but still affiliated to the order. Also with strict enclosure wouldn't let them attend general chapter. But this canon reorganizes and promotes the autonomy. There is a strong 'family' feeling between institute, and they organize life separate. Cistercians feel themselves one order but canons don't provide for this. So they hold chapter same time same place with joint sessions and spearate sessions.  __Polycarp Zachar__ describes history of cistercian nuns and organization of general chapters. Praem. nuns were deemed 'incapable' of organizing their general chapter.   * History: In many cases an institute was founded by a movement, e.g. canons regular. Then there came to be double monasteries, under a single superior, male or female. In some cases due to problems, they wanted to separate them, abbot remained superior of nuns with real dependence. Cistercian nuns. Other times, there was more autonomy, but still affiliated to the order. Also with strict enclosure wouldn't let them attend general chapter. But this canon reorganizes and promotes the autonomy. There is a strong 'family' feeling between institute, and they organize life separate. Cistercians feel themselves one order but canons don't provide for this. So they hold chapter same time same place with joint sessions and spearate sessions.  __Polycarp Zachar__ describes history of cistercian nuns and organization of general chapters. Praem. nuns were deemed 'incapable' of organizing their general chapter.
  
-**Canon 615 Autonomous Monasteries** The house that is dependent from any other superior - the house is the institutealso under vigilance the diocesan Bishop. +**Canon 615 Autonomous Monasteries** If an autonomous monastery has no major Superior other than its own Moderator, and is not associated with any institute of religious in such a way that the Superior of that institute has over the monastery a real authority determined by the constitutions, it is entrusted, in accordance with the norms of lawto the special vigilance of the diocesan Bishop. 
-  * They may congregate or federate. One autonomous house may stand on its own. E.g. benedictine women. There may be a an abbot general, or external superior - or there may be other practical arrangement. In a Praem. convent, a diocesan bishop placed a prioress without reference to the abbot general. These are almost of diocesan right, but there is a clear distinction over internal and external - e.g. he might preside over election, but is not to influence the election. He must respect the autonomy. After the election the chair of the chapter asks acceptance - the election is an act of the chapter. The bishop can confirm, give force to what is done by someone else. +  * They may congregate or federate. One autonomous house may stand on its own. E.g. benedictine women. There may be a an abbot general, or external superior - or there may be other practical arrangement. These are almost of diocesan right, but there is a clear distinction over internal and external - e.g. he might preside over election, but is not to influence the election. He must respect the autonomy. After the election the chair of the chapter asks acceptance - the election is an act of the chapter. The bishop can confirm, give force to what is done by someone else. 
   * Vultum Dei and Cor orans have made Federations a requirement.    * Vultum Dei and Cor orans have made Federations a requirement. 
   * Cor orans adjusted the responsibilities of the diocesan bishop. Historically, some have been too active in the vigilance, some too passive.   * Cor orans adjusted the responsibilities of the diocesan bishop. Historically, some have been too active in the vigilance, some too passive.
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   * Often personal problems are better dealt with the personally with an individual leader - collective leadership brings wisdom.    * Often personal problems are better dealt with the personally with an individual leader - collective leadership brings wisdom. 
   * Administration of spiritual and temporal goods is not best confided to just one person.    * Administration of spiritual and temporal goods is not best confided to just one person. 
-  * The chapter puts up the big frame and the superior (and/or council) executes. +  * The chapter sets out the broad framework and the superior (and/or council) executes. 
  
 **ARTICLE 1: SUPERIORS AND COUNCILS** **ARTICLE 1: SUPERIORS AND COUNCILS**
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     * Temporary vows can be replaced with another type of bond or promise.     * Temporary vows can be replaced with another type of bond or promise.
   * Also greater active collaboration of candidates in their own formation, insights from the behavioral sciences, moving beyond detailed minutiae to integral formation, more flexibility left to individual institutes.   * Also greater active collaboration of candidates in their own formation, insights from the behavioral sciences, moving beyond detailed minutiae to integral formation, more flexibility left to individual institutes.
 +  * Stages: 
 +    * Screening and Discernment 
 +    * Pre-novitiate 
 +    * Novitiate 
 +    * Temporary Profession 
 +  * Requirements and criteria 
 +    * A community member to accompany those at each stage. 
 +    * A community and ministry  
 +    * Gradual growth and maturing in their vocation 
 +  
 **Canon 641 Right to Admit** The right to admit candidates to the novitiate belongs to the major Superiors, in accordance with the norms of the __institute's own law__. **Canon 641 Right to Admit** The right to admit candidates to the novitiate belongs to the major Superiors, in accordance with the norms of the __institute's own law__.
   * CIC17 required vote of council or chapter, now it is left to institute's own law to determine what is necessary. It also required a period of formation prior to novitiate.    * CIC17 required vote of council or chapter, now it is left to institute's own law to determine what is necessary. It also required a period of formation prior to novitiate. 
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 ===CHAPTER IV: OBLIGATIONS AND RIGHTS OF INSTITUTES AND OF THEIR MEMBERS=== ===CHAPTER IV: OBLIGATIONS AND RIGHTS OF INSTITUTES AND OF THEIR MEMBERS===
  [[http://www.intratext.com/IXT/ENG0017/__P27.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__P27.HTM|Latin]]  [[http://www.intratext.com/IXT/ENG0017/__P27.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__P27.HTM|Latin]]
-  All rights and obligations of the Christian Faithful (208-223apply to religious as wellThere are also rights and obligations associated with vowssuperiorscouncilschaptersseparationetc. in other sections of the code, and in the proper law of each institute.  +**Rights in Canon Law** 
-  * No discussion of personal correspondence as was in CIC117Also, the obligation of religious practices is placed on members rather than on the superiors as was in CIC17.+  * Obligations and Rights of the Christian Faithful 
 +  * Obligations and Rights of the Lay Christian Faithful 
 +  * Obligations and Rights of Clerics 
 +  * Obligations and Rights of Institutes and their Members. 
 + 
 +**Human and Civil Rights** 
 +  * Retained by Religious 
 +  * Choose to limit exercise 
 +  * Limit: Ownership, Family 
 +  * Interdependent use: education, work, residence 
 +  * Free association 
 +  * Conditions on membership 
 +   
 +**Christian Faithful** 
 +  * Obligations and Rights 
 +  * Each right implies an obligation 
 +  * Retained by members of religious institutes 
 +  * Limit the exercise of these rights 
 +  * Use in interdependence with the institute 
 + 
 +**Important Rights** 
 +  * Right and duty to express opinions (212) 
 +  * Right to choose state in life (Canon 219) 
 +  * Right to privacy and reputation (Canon 220) 
 +  * Right to due process and right of defense 
 +  * (Canon 221) 
 + 
 +**Canon 212** 
 +  * §1Conscious of their own responsibility, the Christian faithful are bound to follow with Christian obedience those things which the sacred pastorsinasmuch as they represent Christdeclare as teachers of the faith or establish as rulers of the  
 +  * §3. According to the knowledgecompetenceand prestige which they possessthey have the right and even at times the duty to manifest to the sacred pastors their opinion on matters which pertain to the good of the Church and to make their opinion known to the rest of the Christian faithful, without prejudice to the integrity of faith and morals, with reverence toward their pastors, and attentive to common advantage and the dignity of persons. 
 + 
 +**Canon 219*** 
 +  * All the Christian faithful have the right to be free from any kind of coercion in choosing a state of life. 
 + 
 +**Canon 220** 
 +  * No one is permitted to harm illegitimately the good reputation which a person possesses nor to injure the right of any person to protect his or her own privacy. 
 + 
 +**Right of Privacy / Reputation** 
 +  * Moderate their exercise of the right to privacy 
 +  * Not forfeited 
 +  * Shared information: screeningmisconduct, personnel decisions 
 +  * Balancing Privacy and Reputation with necessary sharing and openness 
 +   
 +**Canon 221** 
 +  * §1. The Christian faithful can legitimately vindicate and defend the rights which they possess in the Church in the competent ecclesiastical forum according to the norm of law
 +  * §2. If they are summoned to a trial by a competent authority, the Christian faithful also have the right to be judged according to the prescripts of the law applied with equity
 +  * §3. The Christian faithful have the right not to be punished with canonical penalties except according to the norm of law. 
 + 
 +**Due Process / Defense** 
 +  * Fundamental fairness in administrative or judicial actions. 
 +  * Not fully spelled out in the code 
 +  * Defense of one's rights 
 +  * Assistance of canonical counsel 
 +  * Procedures 
 +  * Protect the integrity of the Church's legal system. 
 + 
 +----
  
 **Canon 662 Following Christ** Religious are to find their __supreme rule__ of life in the following of __Christ__ as proposed in the __Gospel__ and as expressed in the __constitutions__ of their own institute.  **Canon 662 Following Christ** Religious are to find their __supreme rule__ of life in the following of __Christ__ as proposed in the __Gospel__ and as expressed in the __constitutions__ of their own institute. 
book2.3.1553622766.txt.gz · Last modified: 2019/03/26 10:52 by amycsj