School of Canon Law

Admission of Candidates to the Order of Friars Minor Capuchin: Canons 597,641-645, Ongoing Canonical Considerations
Admission of Candidates to the Order of Friars Minor Capuchin:Canons 597, 641-645Ongoing Canonical ConsiderationsJames M. Peterson, O.F.M. Cap., J.C.D.Director: Rose McDermott, S.S.J., J.C.D.Given the scarcity of religious vocations in the Western hemisphere and the copious numbers of religious vocations in some parts of the Eastern hemisphere, candidates are often admitted without the scrutiny required by canon law. In contemporary society candidates often lack depth in Catholic doctrine, are increasingly influenced by secularism, and have difficulty making permanent commitments. This dissertation examines admission to religious institutes of men in the 1983 Code of Canon Law and recommends a procedure for the admission of candidates in accord with the vocation and identity of the Order of Friars Minor Capuchin.Chapter one of this thesis reviews the norms for admission to a religious institute in the 1917 Code of Canon Law, canons 538-546 and significant post-codal documents. Human experience and developments in the social sciences brought revisions, clarifications, and additions to the law on admission to religious institutes.Chapter two studies the period from the Second Vatican Council to the promulgation of the revised Code of Canon Law. Conciliar and post-conciliar teachings reflect theological developments and further progress in the social sciences, assisting the magisterium, major superiors and formators in updating the admission process. The teachings informed the code revision process.Chapter three analyzes the revised norms on admission to the novitiate in the 1983 code, canons 597 and 641-645. Post-codal documents and a symposium reflect ongoing papal and curial concerns for the admission of suitable candidates.Chapter four examines admission to the Order of Friars Minor Capuchin. It addresses the Fourth Plenary Council, the proper law of the Capuchin Order, and the future of Capuchin formation and the development of a ratio formationis., Canon law, Admission, Candidates, Impediments, Religious Institutes, Suitability, Canon Law, Degree Awarded: J.C.D. Canon Law. The Catholic University of America
The Canonical Form of Marriage in Latin Law and in Oriental Law: A Comparative Study with References to the Application of Catholic-Byzantine Law to Selected Pastoral Concerns in Eastern Europe.
Degree awarded: J.C.D. Canon Law. The Catholic University of America, The Canonical Form of Marriage in Latin Law and in Oriental Law: A Comparative Study with References to the Application of Catholic-Byzantine Law to Selected Pastoral Concerns in Eastern Europe.Benone Farcas, J.C.D.Director: John Beal, J.C.D.Book IV of the 1983 Code of Canon Law, title VII, chapter V and the Code of Canons of the Eastern Churches, title XVI, chapter VII, article VI govern the canonical form of marriage. In many ways the provisions of the two codes are similar; in some instances, however, they differ. Both the similarities and the differences have pastoral consequences, especially in cases of mixed marriages or in territories where a hierarchical organization of various Oriental Catholic churches sui iuris does not exist. The purpose of this dissertation is to examine the canonical form of marriage by comparing the Latin and Oriental canonical legislations and analyzing the pastoral consequences that arise when laws concerning canonical form of marriage are applied in specific areas, especially in light of recent political and social changes in Eastern Europe. This comparative study of the canonical form of the marriage in the Latin and in the Catholic Oriental law, especially within the Byzantine rite, begins with an historical overview of the issue in both the Latin and the Byzantine traditions focused on specific documents and circumstances that had a significant impact on the evolution of canonical form. Subsequently, it considers the treatment of the canonical form of marriage in the 1917 Codex Iuris Canonici and post-codal legislation concerning the oriental churches, especially the motu proprio Crebrae allatae. Afterward this dissertation surveys the evolution of the issue in the conciliar and post-conciliar legislative documents. The same comparative method is applied in analyzing the present law as expressed in the 1983 Code of Canon Law and the 1990 Code of Canons of the Eastern Churches. Finally, this dissertation analyzes selected pastoral issues peculiar to Eastern Europe after the fall of the communist governments. This last section investigates canonically a few concrete problem situations related to the canonical form of marriage and proposes a tentative solution for each one. This study reveals how important is for those involved in pastoral work to be acquainted with both Latin and Oriental matrimonial legislation within the context of interecclesial relationships and within the prospect of today's increasing global mobility., Made available in DSpace on 2012-04-02T15:43:26Z (GMT). No. of bitstreams: 1 Farcas_cua_0043A_10149display.pdf: 1533163 bytes, checksum: 26ebfb4da37ab681b6e320a3b1a6915c (MD5)
Diplomatic Activity In Service Of Papal Teaching: The Promotion Of Religious Freedom In Relations With Selected Islamic States During The Pontificate Of John Paul II
Degree awarded: J.C.D. Canon Law. The Catholic University of America, The purpose of this dissertation is to assess the various diplomatic agreements between the Holy See and four Islamic states (Kazakhstan, Côte d'Ivoire, Morocco, and Egypt) concluded during the pontificate of John Paul II as instruments for giving legal form to the pontiff's magisterial teaching on religious freedom. It also determines how much of John Paul II's teaching on religious freedom has been implemented and if the juridic status of Catholics in these states has improved with the conclusion of these agreements. This dissertation is divided into three chapters. The first chapter identifies four key elements of John Paul II's teaching on religious liberty which shaped the Holy See's diplomacy, shows how the pope developed from these four theological principles twelve specific benchmarks for success in promoting religious freedom, and identifies and examines the four core strategies that the Holy See has utilized to advance religious freedom, particularly in Islamic majority states. The second chapter examines the organization and functions of the diplomatic activity of the Holy See, including the activity of the Pontifical Council for Inter-religious Dialogue (Pastor bonus 159-162), and the instruments available for realizing the ecclesial vision of religious freedom in the Church's external public law. The third chapter discusses how the teachings of the Church as articulated by John Paul II have been given form within his pontificate in the diplomatic agreements with all four Islamic states under consideration. It examines each of these agreements and the corresponding diplomatic initiatives to determine whether John Paul II met his own theologically-derived standards in promoting religious freedom through these diplomatic initiatives in these four Islamic-majority states., Made available in DSpace on 2012-04-02T15:44:13Z (GMT). No. of bitstreams: 1 McEachern_cua_0043A_10142display.pdf: 1246414 bytes, checksum: 4a2d07cae65822a444a195ab7e6d8831 (MD5)
An Examination of the Foundation and Activation of the Cooperation of Laity and Pastors in the Munus Docendi in Catechesis according to Canon 776
Degree Awarded: J.C.D. Canon Law. The Catholic University of America, An Examination of the Foundation and Activation of the Cooperation of Laity and Pastors in the Munus Docendi in Catechesis according to Canon 776Zabrina R. Decker, J.C.D.Director: Rev. Robert J. Kaslyn, S.J., J.C.D.Canon 776 of the 1983 Code of Canon Law establishes the obligation of the pastor to provide catechetical formation and responsibility of laity to cooperate in such formation. This study uniquely focuses on the foundation and activation of the cooperation of the lay Christian faithful with pastors in catechesis. Such cooperation derives from baptism (both the right to witness to the gospel message [c. 211] and the correlative obligation of suitable preparation to exercise that right [c. 229]). Chapter one establishes baptism as the canonical foundation for incorporation, personhood and catechetical responsibility in the Church. From this constitutive basis, chapter two presents the ecclesiology of the sanctifying, governing and prophetic (catechetical) mission of the Church for both laity and pastors. Conciliar, ecclesial and canonical definitions of catechesis are the focus of chapter three. Chapter four explores the definition of the lay Christian faithful as derived from their ontological status in baptism. This definition provides the specific synthesis required for both unifying the preceeding chapters and setting the basis for the final chapter. Chapter five promotes cooperation of laity with pastors through encouragement of a basic shared formation and responsibility in their canonical mission of catechesis. The method used is a conciliar-juridical comparative analysis employing the 1917 and 1983 Codes of Canon Law to illustrate the foundation for catechetical cooperation between laity and pastors while respecting both the common priesthood of all the faithful and the sacramental priesthood. Special focus is given to the instruction Ecclesiae de mysterio and the publication of the United States Conference of Catholic Bishops, Co-Workers in the Vineyard of the Lord. The study contributes to the catechetical canonical mandate found in canon 776 regarding both the ontological obligation of the pastor for the catechetical mission and the active cooperation of laity in catechesis through a focus on shared formation so as to create a common catechetical language. Significantly, the study provides and unifies the theological and canonical basis for participation in the Church's salvific mission (c. 225), the necessity of proper formation (both obligation and right; c. 229), and particular application to the means by which the laity cooperate in catechetical formation.
Heresy By Association: The Canonical Prohibition of Freemasonry in History and the Current Law
Despite the remarkable continuity, over the centuries, of the Catholic Church's condemnation of Freemasonry and the clarity of her rationale for doing so, the current canonical discipline of Catholic-Masonic issues is the subject of considerable confusion.The canonical prohibition of Catholic membership of a Masonic Lodge, or society, was expressly articulated in canon 2335 of the 1917 Code of Canon Law, which attached a penalty of excommunication, latae sententiae. Further canonical effects explicitly linked to Masonry were contained in six additional canons spread throughout the Code. The 1983 Code of Canon Law contains no explicit mention of Freemasonry. Canon 1374 provides for indeterminate penalties for those who joins societies which "plot against the Church", but there is no consensus of what the canonical definition of plotting (machinationem) means, nor which societies, if any, might be intended by the canon. This dissertation seeks, through historical analysis of the origins of Freemasonry itself, and the Church's teaching against it, to correctly place Freemasonry, specifically membership of a Masonic society by a Catholic, within the penal law of the 1983 Code. Chapter I traces the origins of Freemasonry and the Church's opposition to it, through to the codification of the 1917 Code of Canon Law. Chapter II is a parenthetical consideration of the particular phenomena of American Freemasonry, which is often held out to be somehow less noxious than the often explicitly anti-clerical European variety, and demonstrates its peculiar, but no less damnable, nature. Chapter III is an examination of the 1917 Code of Canon Law. It considers the canons on associations generally, and various condemned societies in particular, and extrapolates the significance of the canonical context of the Code's treatment of Masonry as, variously, a crime against the faith and against authority. The chapter also offers a treatment of some basic principles of penal law, including imputability and the nature of crime and punishment in canon law. Chapter IV traces the canonical prohibition of Masonic membership by a Catholic through the process of reform and revision which resulted in the 1983 Code of Canon Law. It then examines the various scholarly commentaries on the subject, as well as how Masonry has been canonically treated under the ius vigens. Chapter V advances the argument that a Catholic joining the Freemasons can, in fact, commit two delicts by the same action: the delict of joining a prohibited society (c. 1374); and the delict of heresy (c. 1364). Masonic texts and rites of initiation are examined as possibly containing heretical material which a Mason explicitly embraces. The chapter finishes by establishing the existence, necessity, and justice of an enduring universal canonical prohibition of Catholic membership of the Freemasons., Degree awarded: J.C.D. Canon Law. The Catholic University of America
The Influence of the Second Vatican Council on the Function of Papal Legates. Comparative Analysis of the 1917 and 1983 Codes of Canon Law and Selected Special Faculties.
Degree awarded: J.C.D. Canon Law. The Catholic University of America, The historically rooted institution of the papal legate, similar to other offices in the Church, has experienced modifications and adaptations throughout the centuries. The Second Vatican Council affected such a change. The laws and special delegated powers (faculties) pertaining to nuncios and apostolic delegates issued after the council reflect this change and set a new direction for papal legates.The dissertation has four chapters. In chapter one we briefly look at the historical development of the office of papal legate. However, the main focus of this chapter is the examination of the 1917 Code of Canon Law in regards to papal legates: the office, their function and responsibilities. The pertinent canons are presented thematically, instead of the order of appearance in the code as to present more cohesive image. Chapter two of this dissertation scrutinizes the topic of papal legates as it surfaced during the preparatory stages and discussions of the Second Vatican Council. It also examines the effects of these discussions and interventions as reflected in the decree on bishops Christus Dominus. The goal of the third chapter is to compare in detail and to analyze the 1917 Code of Canon Law, the 1969 motu proprio Sollicitudo omnium Ecclesiarum, the three revisions of the proposed new code and finally, the 1983 Code of Canon Law in their description of the office of papal legate. This analysis allows us to see the tendencies and trends in legislation pertaining to nuncios and apostolic delegates and the effects of the Second Vatican Council on the office of the papal legate. Finally, the fourth chapter examines a selection of the indices of `special faculties' granted to nuncios and apostolic delegates by various dicasteries of the Roman Curia from the promulgation of the 1917 code to the current time. The method used in this dissertation is a historical-juridical comparative analysis of the two codes of canon law in light of the decree Christus Dominus and the motu proprio Sollicitudo omnium Ecclesiarum. The study contributes to the topic of papal legates presenting the changes to the office within the span of the last hundred years., Made available in DSpace on 2013-11-05T15:05:20Z (GMT). No. of bitstreams: 1 Zielonka_cua_0043A_10443display.pdf: 1578571 bytes, checksum: 3518e8f61043cb11032f5aa31bf231b0 (MD5)
The Obligation of Perfect and Perpetual Continence and Married Deacons in the Latin Church
Degree awarded: J.C.D. Canon Law. The Catholic University of America, The Obligation of Perfect and Perpetual Continence and Married Deacons in the Latin ChurchRev. Anthony K. W. McLaughlin, J.C.D.Director: Rev. Robert J. Kaslyn, S.J., J.C.D.Through the reception of diaconate a man becomes a cleric. Canon 277 §1 states: "Clerics are obliged to observe perfect and perpetual continence for the sake of the kingdom of Heaven and therefore are bound to celibacy. . . . " Accordingly, it would seem that clerics have two distinct obligations: sexual continence (no sexual relations) and celibacy (no marriage) with continence presented as the fundamental norm. With the restoration of the permanent diaconate by Paul VI in 1967 and the admission of married men to this order, a fundamental question arises: "Are married deacons, though dispensed from the obligation of celibacy, unless their wife dies, obliged to observe perfect and perpetual continence?" The dissertation has five chapters. Chapter one presents a general historical overview of clerical continence, chastity and celibacy in the Latin Church. Chapter two examines the 1917 code's dispositions on clerical continence, chastity and celibacy. Chapter three follows both the discussions of the Fathers at the Second Vatican Council and post-conciliar norms concerning the restoration of the permanent diaconate in the Latin Church. It also presents the conciliar teaching on sexuality and marriage, with particular focus given to the compatibility of marriage and orders. Chapter four examines canon 277 §1 of the 1983 code, with special attention given to the revision process. Chapter five considers whether married deacons in the Latin Church are obliged to observe perfect and perpetual continence. The dissertation demonstrates that how one understands the law of continence is dependent upon how one understands the law of celibacy. If celibacy is understood narrowly as the legal condition of being unmarried then only celibate clerics are bound to observe the law of continence (the "Celibacy School"). However, if celibacy is understood broadly in terms of the lex continentiae, no sexual relations post ordinationem, then married deacons are bound to observe the law of continence ("the Continence School"). In clarifying the fundamental issues and analyzing the implicit suppositions of the two "schools" this dissertation will help to illustrate why the obligation of continence for married deacons is even a question., Made available in DSpace on 2011-02-24T20:48:14Z (GMT). No. of bitstreams: 1 McLaughlin_cua_0043A_10068display.pdf: 1640849 bytes, checksum: a47dd528e48fe8fbadd3f19a1f6192ae (MD5)
The Promotion of Doctrine by the Congregation for the Doctrine of the Faith In Light of Pastor bonus and Canon 754
Degree awarded: J.C.D. Canon Law. The Catholic University of America, The Promotion of Doctrine by the Congregation for the Doctrine of the FaithIn Light of Pastor bonus and Canon 754Very Rev. Christopher J. Beaudet, J.C.D.Director: Prof. Kurt Martens, J.C.D.ABSTRACTThe Congregation for the Doctrine of the Faith (CDF) has safeguarded doctrine since its inception, yet the 1988 Apostolic Constitution Pastor bonus describes the CDF's "proper duty" as being twofold: "to promote (promovere) and safeguard (tutari) the doctrine on faith and morals in the whole Catholic world." The dissertation investigates and presents the canonical significance of the CDF's competency to promote doctrine as distinct from safeguarding it, and probes the applicability of canon 754 in determining the legally required response to doctrine promoted by the CDF on the part of the Christian faithful.The dissertation has five chapters. Chapter one provides a general sketch of the CDF's historical competency to safeguard doctrine in order to highlight its relatively recent competency to promote it. Chapter two presents the pastoral incentives which led to the reform of the Roman Curia in Pastor bonus in general and of the norms for the CDF in particular. Chapter three illustrates how the CDF, the International Theological Commission (ITC), and the Pontifical Biblical Commission (PBC) have promoted doctrine since Pastor bonus through the analysis of selected documents. Chapter four traces the genesis, development, and pastoral incentives to the revision of canon 754 in order to draw parallels to Pastor bonus and to determine the canon's applicability to the reception of doctrine promoted by the CDF. Chapter five assesses related questions to the topic and offers an assessment of the consistency with which the CDF, ITC, and PBC have employed ecclesiastical documents for the purpose of promoting doctrine.The dissertation demonstrates that the promotion of doctrine is one modality of the CDF's bipartite proper duty such that accomplishing one task necessarily involves the other. Pastor bonus sought to emphasize the positive dimension of the CDF's service to the pope and college of bishops, an emphasis similarly reflected in the proposal of doctrine which the "legitimate authority of the Church" may do in canon 754. The study contributes to the ongoing discussions surrounding the nature and the juridical and/or doctrinal weight of CDF documents, and the proper response due to them., Made available in DSpace on 2011-02-24T20:45:40Z (GMT). No. of bitstreams: 1 Beaudet_cua_0043A_10069display.pdf: 2456957 bytes, checksum: e335c10d9b7f6df6ed6bd9de3448043d (MD5)