Canon Law

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book3 [2017/07/12 14:04] – [TITLE III: CATHOLIC EDUCATION] amycsjbook3 [2023/06/30 15:16] (current) – external edit 127.0.0.1
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 =====Book III: Teaching Office===== =====Book III: Teaching Office=====
  
- *ECCLESIAE MUNERE DOCENDI - it is the task of the complete church, ecclesiae. Three munera was developed in the 19th C protestants in Germany, later brought into Catholic usage. 87 Canons, much of what is communicated is theological - but who speaks, who has the right to declare in the name of the church, this is law: homily, teaching catholic schools. The right can be taken away, and sometimes the teaching isn't in accord with the official doctrine. Official correct, publicly declare official position in contradistinction, eg, CDF. There is a lot of law outside the code in this area.+ * //Ecclesiae Munere Docendi// - it is the task of the complete church, ecclesiae. Three munera was developed in the 19th C protestants in Germany, later brought into Catholic usage. 87 Canons, much of what is communicated is theological - but who speaks, who has the right to declare in the name of the church, this is law: homily, teaching catholic schools. The right can be taken away, and sometimes the teaching isn't in accord with the official doctrine. Official correct, publicly declare official position in contradistinction, eg, CDF. There is a lot of law outside the code in this area.
   * **Transmissio** - transmitting the teaching of Jesus to succeeding generations Jesus didn't write anything, and now we have catechisms and councils. Jesus had a way of living, doing, interacting. Then he commented on what he did. Now we have //depositum fidae// which gathered what Jesus did and taught and successive reflections on it. Finally norms were written on the //transmissio//. The church is essentially communication of Jesus - it has a missionary character. We cannot imagine a church without this aspect.   * **Transmissio** - transmitting the teaching of Jesus to succeeding generations Jesus didn't write anything, and now we have catechisms and councils. Jesus had a way of living, doing, interacting. Then he commented on what he did. Now we have //depositum fidae// which gathered what Jesus did and taught and successive reflections on it. Finally norms were written on the //transmissio//. The church is essentially communication of Jesus - it has a missionary character. We cannot imagine a church without this aspect.
   *Some say that in general the //munus docendi// seems to be the responsibility of the hierarchs and the accent is too much on clerics; but it is the responsibility of the //ecclesiae//. There are a lot of canons where lay people are involved. Canon 213 - the Christian faithful have the right to the assistance of the word of God and in Canon 217 right to christian education. Canon 229 Christian faithful have the right to proclaim and defend christian teaching and take part in the apostolate and to obtain academic degrees. Book by Alexandre Faivre wrote on the third century development of the distinction between clergy and lay: Ordonnez la fraternite. At the beginning of the church catechesis was a lay responsibility, this was gradually clericized. Some say 'lay' wasn't used for women, though the gospels and St. Paul speaks of women assisting. Lay teachers of theology have an academic bent - but can academic be divorced from one's own faith, or from pastoral work. Canon 228 - Lay people who are //suitable// can be admitted to offices and functions; this is new in the 1983 code as a part of the declericalization of the church. Outside the code, two elements are needed to communicate faith: sufficient knowledge and an understanding of the socio-cultural-religio-economic reality of the person you are communicating to. Message and receiver are the poles of the sender's formulation of communication: message and experience, personal and collective. For lay people, they risk not knowing, for clergy, they risk having no experience.   *Some say that in general the //munus docendi// seems to be the responsibility of the hierarchs and the accent is too much on clerics; but it is the responsibility of the //ecclesiae//. There are a lot of canons where lay people are involved. Canon 213 - the Christian faithful have the right to the assistance of the word of God and in Canon 217 right to christian education. Canon 229 Christian faithful have the right to proclaim and defend christian teaching and take part in the apostolate and to obtain academic degrees. Book by Alexandre Faivre wrote on the third century development of the distinction between clergy and lay: Ordonnez la fraternite. At the beginning of the church catechesis was a lay responsibility, this was gradually clericized. Some say 'lay' wasn't used for women, though the gospels and St. Paul speaks of women assisting. Lay teachers of theology have an academic bent - but can academic be divorced from one's own faith, or from pastoral work. Canon 228 - Lay people who are //suitable// can be admitted to offices and functions; this is new in the 1983 code as a part of the declericalization of the church. Outside the code, two elements are needed to communicate faith: sufficient knowledge and an understanding of the socio-cultural-religio-economic reality of the person you are communicating to. Message and receiver are the poles of the sender's formulation of communication: message and experience, personal and collective. For lay people, they risk not knowing, for clergy, they risk having no experience.
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   * Schema of 1977 with the first redaction of the canons for book 3 - at that time 85 canons.   * Schema of 1977 with the first redaction of the canons for book 3 - at that time 85 canons.
  
- Canons 747 - 755 [[http://www.vatican.va/archive/ENG1104/__P2H.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__P2G.HTM|Latin]]+ Canons 747 - 755 [[http://www.vatican.va/archive/cod-iuris-canonici/eng/documents/cic_lib3-cann747-755_en.html|English]] [[http://www.intratext.com/IXT/LAT0010/__P2G.HTM|Latin]]
  
 **Canon 747 Duty to Teach** **Canon 747 Duty to Teach**
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 **Canon 755 Ecumenism.** **Canon 755 Ecumenism.**
  Holy See and the College of Bishops are responsible for the ecumenical movement. There are several ecumenical directories - Number 3 - 1993. Directorium is published by a congregation with doctrinal and juridical texts. It is not new law, but a restatement of the law; a handbook with law and doctrine on a certain topic. Compendium - seems to be more of a private collection. US: much broader ecumenism than the 1917 code.  Holy See and the College of Bishops are responsible for the ecumenical movement. There are several ecumenical directories - Number 3 - 1993. Directorium is published by a congregation with doctrinal and juridical texts. It is not new law, but a restatement of the law; a handbook with law and doctrine on a certain topic. Compendium - seems to be more of a private collection. US: much broader ecumenism than the 1917 code.
-====TITLE I: MINISTRY OF THE DIVINE WORD==== +====Title I: Ministry of the Divine Word==== 
-[[http://www.intratext.com/IXT/ENG0017/__P2H.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__P2H.HTM|Latin]]+[[http://www.vatican.va/archive/cod-iuris-canonici/eng/documents/cic_lib3-cann756-780_en.html|English]] [[http://www.intratext.com/IXT/LAT0010/__P2H.HTM|Latin]]
  
 **Canon 756 Munus Docendi** **Canon 756 Munus Docendi**
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  Pride of place for preaching and catechesis, but also schools, higher education, social communication.  Mandatum is needed for speaking in name of church. US: Christian doctrine is here substituted for word of God - being taken from CD.  Pride of place for preaching and catechesis, but also schools, higher education, social communication.  Mandatum is needed for speaking in name of church. US: Christian doctrine is here substituted for word of God - being taken from CD.
  
-===CHAPTER I : PREACHING THE WORD OF GOD===+===Chapter I: Preaching the Word of God===
  [[http://www.intratext.com/IXT/ENG0017/__P2I.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__P2I.HTM|Latin]]  [[http://www.intratext.com/IXT/ENG0017/__P2I.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__P2I.HTM|Latin]]
  
 **Canon 762 Preaching.** **Canon 762 Preaching.**
  Preaching is done in the context of liturgy – liturgical presiders first: sacred ministers. Ministers are to hold the ministry of preaching in high esteem. Jesus gave the great commandment to preach, but this canon limits it to ordained ministers.  Preaching is done in the context of liturgy – liturgical presiders first: sacred ministers. Ministers are to hold the ministry of preaching in high esteem. Jesus gave the great commandment to preach, but this canon limits it to ordained ministers.
 +  * 1969 Ordo Exsequiarum 22, 40 seemingly indicates that a lay presider can preach at a funeral
 +  * 1973 Rite of Baptism for Children provides for lay preaching by a catechist, it is the bishop who makes the final determination as to how this act of preaching is fulfilled.
 +  * 1973 Directory for Masses with Children - #24 "With the consent of the pastor or rector of the church, one of the adults may speak to the children after the gospel, especially if the priest finds it difficult to adapt himself to the mentality of the children."
  
 **Canon 763 Bishops.** **Canon 763 Bishops.**
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 **Canon 766 Laity.** **Canon 766 Laity.**
- Laity may be allowed to preach 1) if necessary, 2) advantageous, or 3) according to provisions of the Bishops' Conference. Clerics and bishop can preach even if not necessary or advantageous? Link between preaching and Eucharist: Eucharist appears as the source and summit of all preaching of the Gospel (PO, 5). Preaching in the strict sense is only speaking in the sacred place in liturgy. Catechetical instruction isn't preaching, even if done in church. Can be permitted by the rector – as one responsible for the church. No norms in Belgium. Preaching is public speaking in a liturgical context, mission talks, presentation of ministries.+ Laity may be allowed to preach 1) if necessary, 2) advantageous, or 3) according to provisions of the Bishops' Conference. Clerics and bishop can preach even if not necessary or advantageous? Link between preaching and Eucharist: Eucharist appears as the source and summit of all preaching of the Gospel (PO, 5). Preaching in the strict sense is only speaking in the sacred place in liturgy. Catechetical instruction isn't preaching, even if done in church. Preaching is public speaking in a liturgical context, mission talks, presentation of ministries. [[http://www.usccb.org/beliefs-and-teachings/what-we-believe/canon-law/complementary-norms/canon-766-lay-preaching.cfm| USCCB Norms]]
  
 **Canon 767 At Mass.** **Canon 767 At Mass.**
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  1) all to observe the norms of the diocesan bishop. 2) In radio or television preaching bishop's conference norms are to be followed.  1) all to observe the norms of the diocesan bishop. 2) In radio or television preaching bishop's conference norms are to be followed.
  
-===CHAPTER II : CATECHETICAL FORMATION===+===Chapter II: Catechetical Formation===
  [[http://www.intratext.com/IXT/ENG0017/__P2J.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__P2J.HTM|Latin]]   [[http://www.intratext.com/IXT/ENG0017/__P2J.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__P2J.HTM|Latin]] 
  
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  Catechists to be prepared.  Catechists to be prepared.
  
-====TITLE II: MISSIONARY ACTIVITY OF THE CHURCH====+====Title II: Missionary Activity of the Church====
  
-(Cann. 781 - 792) [[http://www.intratext.com/IXT/ENG0017/__P2K.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__P2K.HTM|Latin]]+(Cann. 781 - 792) [[http://www.vatican.va/archive/cod-iuris-canonici/eng/documents/cic_lib3-cann781-792_en.html|English]] [[http://www.intratext.com/IXT/LAT0010/__P2K.HTM|Latin]]
  
 The old codex had three canons: 1349 - at least every 10 years a mission in the parish, following the mandates of the local ordinary - an intensive renewal of the faith life of the parish. 1350, take care of noncatholics in the territory, other territories is the sole responsibility of the Apostolic See. 1351 - None can be forced to accept the Catholic Faith. Old code said missions are responsibility of the pope, new code said it is everyone's work. This section gives only general principles for each category of the faithful. The old codex had three canons: 1349 - at least every 10 years a mission in the parish, following the mandates of the local ordinary - an intensive renewal of the faith life of the parish. 1350, take care of noncatholics in the territory, other territories is the sole responsibility of the Apostolic See. 1351 - None can be forced to accept the Catholic Faith. Old code said missions are responsibility of the pope, new code said it is everyone's work. This section gives only general principles for each category of the faithful.
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-====TITLE III: CATHOLIC EDUCATION====+====Title III: Catholic Education====
  
-(Cann. 793 - 795) [[http://www.intratext.com/IXT/ENG0017/__P2L.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__P2L.HTM|Latin]] Not hard law here - more principles and exhortation.+(Cann. 793 - 821) [[http://www.vatican.va/archive/cod-iuris-canonici/eng/documents/cic_lib3-cann793-821_en.html|English]] [[http://www.intratext.com/IXT/LAT0010/__P2L.HTM|Latin]] Not hard law here - more principles and exhortation.
  
  **Canon 793 Parents.**  **Canon 793 Parents.**
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  Education must attend to the formation of the whole person: eternal destiny, common good of society, development of physical, moral and intellectual talents, responsibility and freedom.  Education must attend to the formation of the whole person: eternal destiny, common good of society, development of physical, moral and intellectual talents, responsibility and freedom.
  
-===CHAPTER I: SCHOOLS===+===Chapter I: Schools===
 (Cann 796 - 806) [[http://www.intratext.com/IXT/ENG0017/__P2M.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__P2M.HTM|Latin]] (Cann 796 - 806) [[http://www.intratext.com/IXT/ENG0017/__P2M.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__P2M.HTM|Latin]]
  
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  §1 Bishop can visit, inspect catholic schools, though they have internal autonomy. §2 Education should be outstanding. In 2007, there were in the US more than 250,000 catholic schools 42M pupils.  §1 Bishop can visit, inspect catholic schools, though they have internal autonomy. §2 Education should be outstanding. In 2007, there were in the US more than 250,000 catholic schools 42M pupils.
  
-===CHAPTER II : CATHOLIC UNIVERSITIES===+===Chapter II: Catholic Universities===
  
 (Cann 807 - 814) [[http://www.intratext.com/IXT/ENG0017/__P2N.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__P2N.HTM|Latin]]  (Cann 807 - 814) [[http://www.intratext.com/IXT/ENG0017/__P2N.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__P2N.HTM|Latin]] 
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  The provisions which are laid down for universities apply equally to other institutes of higher studies.  The provisions which are laid down for universities apply equally to other institutes of higher studies.
  
-===CHAPTER III : ECCLESIASTICAL UNIVERSITIES===+===Chapter III : Ecclesiastical Universities===
  
 (Cann 815 - 821) [[http://www.intratext.com/IXT/ENG0017/__P2O.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__P2O.HTM|Latin]] (Cann 815 - 821) [[http://www.intratext.com/IXT/ENG0017/__P2O.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__P2O.HTM|Latin]]
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  Episcopal Conference and Bishops are to provide for the establishment of institutes for higher religious studies, with theology and christian culture. KUL english program started 1988.  Episcopal Conference and Bishops are to provide for the establishment of institutes for higher religious studies, with theology and christian culture. KUL english program started 1988.
  
-====TITLE IV : SOCIAL COMMUNICATION====+====Title IV: Social Communication====
  
-(Cann 822 - 832) [[http://www.intratext.com/IXT/ENG0017/__P2P.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__P2P.HTM|Latin]]+(Cann 822 - 833) [[http://www.vatican.va/archive/cod-iuris-canonici/eng/documents/cic_lib3-cann822-833_en.html|English]] [[http://www.intratext.com/IXT/LAT0010/__P2P.HTM|Latin]]
  
 **Canon 822 Use.** **Canon 822 Use.**
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  Religious need permission of superior for faith and morals writings.  Religious need permission of superior for faith and morals writings.
  
-====TITLE V: THE PROFESSION OF FAITH====+====Title V: The Profession of Faith====
  
-(Cann 833) [[http://www.intratext.com/IXT/ENG0017/__P2Q.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__P2Q.HTM|Latin]]+(Cann 833) [[http://www.vatican.va/archive/cod-iuris-canonici/eng/documents/cic_lib3-cann822-833_en.html#TITLE_V.|English]] [[http://www.intratext.com/IXT/LAT0010/__P2Q.HTM|Latin]]
  
 **Canon 833 Profession of Faith.** **Canon 833 Profession of Faith.**
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  Bound to profession of faith are: 1°. delegate to council or synod; 2°. those made Cardinal; 3°. those made bishop or equivalent; 4°. diocesan Administrator; 5°. Vicars general, episcopal Vicars and judicial Vicars; 6°. parish priests; the rector, professors of theology and philosophy in seminaries; deacons; 7°. rector of an ecclesiastical or catholic university, university teacher of faith or morals; 8°.  in accordance with the constitutions: Superiors in religious institutes and clerical societies of apostolic life. LDF: new profession was first published in LOS 1989 at the end of February for people who needed it when Pastor Bonus became effective. In April, Jan AAS was published with correction (Undated). September 19, 1989 new professio and ius iurandi were confirmed by rescript of CDF. Bishops conferences to translate and get approval of Holy See. Text and commentary June 29, 1998 arguing for the professio. (This will be in the reader //Nota Doctrinalis//.) Creed is Nicea-constaneapolitan +. The oath is not mentioned in the code. There are extra paragraphs dropped into the oath a few extra items according to the function.  Bound to profession of faith are: 1°. delegate to council or synod; 2°. those made Cardinal; 3°. those made bishop or equivalent; 4°. diocesan Administrator; 5°. Vicars general, episcopal Vicars and judicial Vicars; 6°. parish priests; the rector, professors of theology and philosophy in seminaries; deacons; 7°. rector of an ecclesiastical or catholic university, university teacher of faith or morals; 8°.  in accordance with the constitutions: Superiors in religious institutes and clerical societies of apostolic life. LDF: new profession was first published in LOS 1989 at the end of February for people who needed it when Pastor Bonus became effective. In April, Jan AAS was published with correction (Undated). September 19, 1989 new professio and ius iurandi were confirmed by rescript of CDF. Bishops conferences to translate and get approval of Holy See. Text and commentary June 29, 1998 arguing for the professio. (This will be in the reader //Nota Doctrinalis//.) Creed is Nicea-constaneapolitan +. The oath is not mentioned in the code. There are extra paragraphs dropped into the oath a few extra items according to the function.
  
-====Pastor Bonus====+=====Pastor Bonus=====
   * Last Apostolic Constitution on the Roman Curia - last of a long series of norms. //La Curia Romana// Vaticana 1990. Also pinto - commento alla Pastor Bonus, three commentaries on CIC, on CCEO and this on Pastor Bonus.   * Last Apostolic Constitution on the Roman Curia - last of a long series of norms. //La Curia Romana// Vaticana 1990. Also pinto - commento alla Pastor Bonus, three commentaries on CIC, on CCEO and this on Pastor Bonus.
   * History of the Roman Curia - read the introduction of PB.   * History of the Roman Curia - read the introduction of PB.
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 **Article 38 Dicastry Norms.** **Article 38 Dicastry Norms.**
  
-==== II SECRETARIAT OF STATE ====+==== II Secretariat of State ====
  
  
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  § 1. Second Section sees to the provision of particular Churches and the constitution of and changes to these Churches and their groupings. § 2. Transacts business with civil governments.  § 1. Second Section sees to the provision of particular Churches and the constitution of and changes to these Churches and their groupings. § 2. Transacts business with civil governments.
  
-==== III CONGREGATIONS ====+==== III Congregations ====
  
 === Congregation for the Doctrine of the Faith === === Congregation for the Doctrine of the Faith ===
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