Code Of Canons Research Articles

The Great and Powerful Oz Revealed: The Ethics and Wisdom of the Scotus Leaks in National Federation of Independent Business v. Sebilius

On July 1, 2012, Jan Crawford of CBS News reported details of the confidential deliberations of the Supreme Court of the United States in National Federation of Independent Business v. Sebilius. Specifically, she revealed that Chief Justice John G. Roberts began working with Associate Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas, and Samuel A. Alito to draft an opinion striking the Patient Protection and Affordable Care Act (the “PPACA”) as an unconstitutional exercise of Congress’s power to regulate commerce. According to Crawford, he later had a change of heart and worked with Associate Justices Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayer, and Elena Kagan to draft the majority opinion upholding the act under Congress’s taxing power. The media seized upon this reported change of position. Conservative media outlets decried Roberts’s actions as the result of political pressure from the left. Others suggested that Chief Justice Roberts sought to promote intergovernmental harmony by upholding historic legislation that Congress had passed and the President had approved.Ms. Crawford relied on information that “two sources with specific knowledge of the deliberations” had provided to her. One important question has escaped media attention: can or should Justices of the Supreme Court of the United States discuss details of deliberations with the press, even anonymously? This essay attempts to answer that question by addressing the ethical implications of such statements from the Court, the conflict between the restrictions on judicial speech and the First Amendment rights of the Justices of the Court, and the wisdom of such extrajudicial statements. Both the ABA Model Code of Judicial Conduct and the Code of Conduct for United States Judges contain restrictions on extrajudicial speech. Specifically, those codes prohibit judges from commenting publicly on a pending or impending case. These restrictions on judicial speech would likely survive a constitutional challenge under the First Amendment because of the compelling government interest in maintaining the independence, integrity, and impartiality of the judiciary. Unfortunately, neither the Code of Conduct nor the Model Code apply to the actions of the SCOTUS informants in this instance. First, the Supreme Court is not subject to the Model Code because that code serves solely as a model on which specific jurisdictions may choose to base their own codes of conduct. The Judicial Conference of the United States did adopt a version of the Model Code, the Code of Conduct for United States Judges. That code, however, does not lust the Supreme Court among the judges to whom it is intended to apply. Moreover, the Supreme Court created the Judicial Conference and is not subject to its disciplinary authority. The second reason neither code applies to the SCOTUS leaks is because Jan Crawford’s story broke days after the Supreme Court issued its opinion in National Federation. Because the decision of the Court was not appealable, that case was no longer pending at the time the confidential information was leaked to Ms. Crawford. Thus, the actions of Ms. Crawford’s source did not violate either the Model Code or the Code of Conduct.Although the SCOTUS leaks did not violate either the Code of Conduct for United States Judges or the Model Code of Judicial Conduct, such anonymous comments to the press about the internal deliberations of the Court denigrate the independence, integrity, and impartiality of the institution. In so doing, the actions violated Canons 1, 2, and 3 of the Code of Conduct and Canons 1 and 2 of the Model Code. Moreover, the Comment to Rule 3(A)(6) cautions judges to take care in making public comments concerning a case from the judge’s own court, even if otherwise permitted by the rules, because such comments may “denigrate public confidence in the judiciary’s integrity and impartiality, which would violate Canon 2A.” Moving forward, the Court and its staff should aspire to achieve the overarching principles set forth in the canons of both the Code of Conduct and the Model Code. The Supreme Court must return to a minimum level of discretion and decorum if it hopes to restore its reputation for independence, integrity, and impartiality. If the Supreme Court cannot strive to achieve these goals, there is little hope lesser courts will be as successful in their quests to do so.

Małżeństwo warunkowe w świetle Kodeksu Prawa Kanonicznego i Kodeksu Kanonów Kościołów Wschodnich

The issue of marriages conditionally institutions is complex. Marriage is provided by the doctrine of the Catholic Church has always been difficult and causing divergence of views in this area. Therefore, the expression of marital consent condition can result in the nullity of marriage, and therefore is considered to be defects in consent. Code of Canon Law of 1983 addicted validity of marriage on the type of condition. Code of Canons of the Eastern Churches of 1990 denied the validity of any marriage contained the condition.

Eucharistic Concelebration: From Symbol to Reality (review)

Reviewed by: Eucharistic Concelebration: From Symbol to Reality Sean O. Sheridan T.O.R. Eucharistic Concelebration: From Symbol to Reality by Guillaume Derville. Montreal: Wilson & Lafleur, Ltée, 2011. In Eucharistic Concelebration: From Symbol to Reality, Monsignor Guillaume Derville considers Eucharistic celebration as part of the new "Liturgical Movement" that Pope Benedict XVI has encouraged. Derville divides his work into three chapters. The first chapter is entitled "A Historical View of Eucharistic Concelebration" (7-39). Although Derville gives a very brief overview of the historical concept of Eucharistic concelebration, he devotes the majority of this chapter to the teachings on concelebration of the Second Vatican Council and the relevant post-conciliar documents. As should be anticipated, he focuses on the Constitution on the Sacred Liturgy Sacrosanctum concilium (17-27), primarily articles 57 and 58 granting permission for concelebration, and the concept of the communion of priesthood with the episcopacy as addressed in the decree Presbyterorum ordinis (27-32). In this chapter, Derville briefly reviews the important post-conciliar documents on concelebration, e.g., the instructions Eucharisticum Mysterium (32-33), Inæstimabile Donum (35) and Redemptionis sacramentum (36), the 1970 and 2000 Institutio Generalis Missalis Romani (IGMR) (34, 35), and the declaration In celebratio Missae (34-35). He also briefly addresses canon 902 of the 1983 Code of Canon Law and canon 700 of the Code of Canons for the Eastern Churches (37-38). Derville concludes chapter one with the invitation to reflect on how concelebration is a sign of unity of the ministerial priesthood and the conditions under which concelebration is appropriate. (39). He considers these questions in greater depth in chapter two. Derville entitles the second chapter "Unity of the Priesthood: Reality and Representation" (41-58). Having introduced the relevant documents in chapter one, Derville reflects on them more closely in chapter two and also [End Page 311] provides a discussion of Saint Thomas Aquinas' Question 82, Article 2 of the Summa theologiæ. Thomas Aquinas noted that "the Eucharist is the Sacrament of unity of the Church" (42) and pointed to concelebration at the Mass of priestly ordination. "[I]n the same way that the Apostles ate with Christ during the Last Supper and that day received the power to consecrate, so those who have just been ordained concelebrate with the bishop who ordains them" (43). In addition to considering these texts to analyze the unity of the ministerial priesthood, Derville addresses the topic of "presbyterate and brotherhood", including the role of the ministerial priesthood to be at the service of the common priesthood (52-56). Derville entitles the third chapter "Configuration of the Priest to Christ in Eucharistic Celebration: Some Theological-Pastoral Considerations" (59-95). In this chapter, Derville considers the manner and circumstances under which concelebration should occur. For example, he discusses the portions of the Eucharistic liturgy in which the concelebrant actively participates, where a concelebrant should be located in relationship to the altar of sacrifice, and the vestments he should wear (63-84). Derville concludes this third chapter with a discussion directed to the priest who is contemplating whether or not to concelebrate. Derville poses two questions to the priest about how he might participate in the Eucharist: "[F]irst, what happens to the reality that is made present, that is with the Eucharist, which makes present the Paschal mystery (including the sign and the dignity of the celebration in its essential aspect of prayer and worship)? Second, is my action oriented towards service and the good of the people?" (88-89). Throughout the text, Derville supports his observations and comments with an abundance of official ecclesiastical documents as well as various commentators on the texts. While he references only a handful of the works that commentators originally published in English, this work makes accessible to an English speaking audience the numerous works of the foreign language commentators that he considers. With its ample sources, this work would be of particular relevance to those persons interested in liturgical law, but should also be useful for all priests as they consider both the sign and action of Eucharistic concelebration. [End Page 312] Sean O. Sheridan T.O.R. The Catholic University of America School of Canon...

«Eccomi, Manda Me!» Introduzione Al Libro III Del Codice Di Diritto Canonico (review)

Reviewed by: «Eccomi, Manda Me!» Introduzione Al Libro III Del Codice Di Diritto Canonico Sean O. Sheridan T.O.R. «Eccomi, Manda Me!» Introduzione Al Libro III Del Codice Di Diritto Canonico by Jorge Horta Espinoza. Rome: Pontificio Ateneo Antonianum, 2011. Jorge Horta Espinoza entitles his commentary on Book III of the Code of Canon Law, "Here I am, send me!," in recognition of the right and duty of the members of the Body of Christ to participate in the teaching function of the Church. Following a general introduction to Book III (Unità I, 17-26), Espinoza methodically reviews Book III's canons. Unità II (27-60) addresses Book III's theological elements embodied in canons 747 to 755. While Espinoza entitles unità III "La Funzione d'Insegnare della Chiesa," i.e., the Function of Teaching of the Church, he includes within this chapter all of the remaining canons that Book III embodies. Thus, he covers in a rather systematic way Book III's treatment of the following areas: the ministry of the Divine Word (62-72); preaching of the Word of God (72-81); catechetical instruction (81-94); the missionary action of the Church (94-106); Catholic education (106-122); Catholic universities and other institutes of higher studies (122-141); instruments of social communication and books in particular (142-159); and the profession of faith (159-164). Espinoza's commentary is a welcome addition to the somewhat limited canonical resources dealing with Book III of the code. Of particular benefit to the reader would be the variety of charts that Espinoza includes in the text to assist the reader with understanding the manner in which the legislator organized Book III and its relationship with other canonical provisions. [End Page 309] For example, Espinoza includes a helpful chart that compares Book III's canons with similar canons in the 1917 Pio-Benedictine Code of Canon Law as well as canons in the 1990 Code of Canons for the Eastern Churches (22). In addition, he includes a chart that characterizes his method for distributing the various actions of the Church's munus docendi: ministry of the Word; missionary action; Catholic education; universities; and instruments of social communication (62). He also incorporates helpful charts dealing with, inter alia, the magisterium (37), the various responses required by the Christian faithful to magisterial teachings (47), a comparison of the 1989 profession of faith with Pope John Paul II's 1998 apostolic letter Ad Tuendam Fidem and canons 750 and 752 (52), an explanation of the Congregation for the Doctrine of the Faith's Commentary on the concluding paragraphs of the 1989 profession of faith (53), a description of the various persons who engage in the Ministry of the Word (64), an analysis of catechetical instruction (81), and a comparison of Catholic universities with ecclesiastical universities (141). Espinoza published his commentary in Italian, and, in many ways, he directs it to an Italian audience. For example, although his bibliography is rather extensive (165-172), the vast majority of his secondary sources are Italian, and he does not include any English language sources. This is particularly noteworthy with regard to Espinoza's comparatively brief (125-132) treatment of the canons dealing with Catholic universities, most of which are in the United States, and which have been the subject of much consideration here. The canonist practicing in the United States should be particularly attentive to the fact that Espinoza has asserted a position on canon 812's mandate to teach the theological disciplines that does not comport with the particular law of the United States. Espinoza writes: "Per mandato s'intende la concessione da parte dell'autorità ecclesiastica competente della facoltà di svolgere un compito giuridico in nome della Chiesa." (130). In contrast the 2001 "Application of Ex corde Ecclesiae for the United States" indicates that the theo logian with a mandate continues to teach in his or her own name by virtue of baptism and not in the name of the Church.1 [End Page 310] With these limited concerns in mind, Espinoza should, nevertheless, be commended for his efforts to fill a lacuna in the canonical resources dealing with the Church's Teaching Function as...

Greek Catholic Metropolitan Church sui iuris in Slovakia and Greek Catholic Church in the Czech Republic within the Current Catholic Canon Law

Greek Catholic Metropolitan Church sui iuris in Slovakia and Greek Catholic Church in the Czech Republic within the Current Catholic Canon Law This article treats of new situation of Greek Catholic metropolitan church sui iuris in Slovakia, by describing its historical development. It is describing terms of Code of Canons of the Eastern Churches as tradition, ceremony and church sui iuris. It is also about institutes typical for metropolitan churches, which are the following: the institute of metropolitan, council of hierarch and also convention of metropolitan church sui iuris.

Greek Catholic Metropolitan Church sui iuris in Slovakia and Greek Catholic Church in Czech Republic within the Current Catholic Canon Law

Greek Catholic Metropolitan Church sui iuris in Slovakia and Greek Catholic Church in Czech Republic within the Current Catholic Canon Law This article treats of new situation of Greek Catholic metropolitan church sui iuris in Slovakia, by describing its historical development. It is describing terms of Code of Canons of the Eastern Churches as tradition, ceremony and church sui iuris. It is also about institutes typical for metropolitan churches, which are the following: the institute of metropolitan, council of hierarch and also convention of metropolitan church sui iuris.

El Sostenimiento Económico de la Iglesia Católica en España. Nuevo Modelo ed. by Jorge Otaduy, Diego Zalbidea

Chapter eight concerns the administration of goods in institutes of consecrated life and societies of apostolic life. After recalling general principles on temporal goods in light of the vow of poverty and on the patrimonial capacity of these institutes and societies, this final chapter presents the specific legislation applicable to religious institutes and to individual religious in the matter of temporal goods. The book concludes with a select bibliography of three pages indicating works in various languages, and an appendix on the law on the fabrique in Quebec. The author explains that his work does not address rotal decisions concerning temporal goods nor the legislation of the Code of Canons of the Eastern Churches. This work provides a rich wealth of information for those who wish to have a thorough understanding of the Latin Church’s legislation on temporal goods: their acquisition, retention, administration, and alienation. Though some may prefer a “canon-by-canon” commentary, canonists and others involved in the care of ecclesiastical goods will find refreshing and enlightening the systematic or thematic approach chosen by this author, who is evidently well-versed in legislation on the temporal goods of the Latin church. John A. Renken Professor of Canon Law Saint Paul University Ottawa, Ontario, Canada EL SOSTENIMIENTO ECONÓMICO DE LA IGLESIA CATÓLICA EN ESPAÑA. NUEVO MODELO edited by Jorge Otaduy and Diego Zalbidea. Pamplona: Ediciones Universidad de Navarra, S.A., 2008. El Sostenimiento Económico de la Iglesia Católica en España contains the proceedings of a 2007 church finance symposium at the University of Navarra. It will be of special interest for those who want to see how the Catholic Church is navigating Spain’s transition from an authoritarian dictatorship under Franco (1939–1975), when the Church enjoyed an especially privileged status, to a parliamentary monarchy (established 1978) that increasingly resembles other modern liberal secular democracies in Europe. book reviews 259 260 the jurist Under Franco the state heavily subsidized the Catholic Church (the “established” church at the time). After Franco’s death and the fall of his regime, the Vatican negotiated a new concordat with Spain and agreements that would have implications for Church finance. The Spanish Constitution of 1978 affirms the separation of church and state, but recognizes the role of the Roman Catholic faith in Spanish society. Signs of the redefined role of the Church in Spain are government measures to reduce and ultimately eliminate any direct subsidies to the Church. The elimination of state subsidies obviously poses enormous challenges for re-structuring Church finance in a country with a very long tradition of reliance on the civil government as a very significant source of revenues to fund Church operations and projects. The overarching theme of El Sostenimiento Económico de la Iglesia Católica en España concerns the means by which the Church in Spain will arrive at a system of self-finance following a very long history of state subsidies. It is an extremely interesting study for those interested in the question, whether with respect to Spain, or how the Church might negotiate such a tradition in any given country. El Sostenimiento Económico de la Iglesia Católica en España contains eight articles by well-known canonists from the Spanish-speaking world: Isidoro Sánchez (“General Criteria and the Interpretation of Agreements Concerning Economic Matters”); Rafael Navarette (“What is Meant by Self-Finance?”); Antonio Vallanueva (“The Tax System and Church Finance in Spain”); Mauro Rivella (“The Italian Model”); Francisco Azcona (“Social Behavior in Relation to Church Finance Without a Profit Motive”); Fernando Barriocanal (“Current Situation and Future Perspectives on Church Finance”); José Mariá La Porte (“Institutional Communication on Economic Matters in the Church”); and Ana Gutiérrez (“Final Relation: Evaluation of the New System in Spain”). El Sostenimiento Económico de la Iglesia Católica en España makes interesting reading in its own right for those concerned with Church temporal goods, and could easily provide select readings in Spanish for any course on the subject. Its research value will be greater for those working in the European or South American spheres of Church activity, rather than in the English-speaking world, and will be...

The Ritus Sacer of the Sacrament of Marriage in the Byzantine Churches

THE RITUS SACER OF THE SACRAMENT OF MARRIAGE IN THE BYZANTINE CHURCHES George Gallaro1 and Dimitri Salachas2 The Codex Canonum Ecclesiarum Orientalium (CCEO) canon 828, in line with the previous legislation of the Eastern Catholic churches establishes that: “§1 Only those marriages are valid that are celebrated with a sacred rite, in the presence of the local hierarch, local pastor, or a priest who has been given the faculty of blessing the marriage by either of them, and at least two witnesses . . . ”§2.The very intervention of a priest who assists and blesses is regarded as a sacred rite for the present purpose.”3 In drafting this canon, the consultors of the Commission for the Revision of the Code of Eastern Canon Law held “that this fundamental norm has to be maintained, since this makes the necessary condition in the Eastern law for the validity of the ordinary form of the celebration of marriage beside the active assistance of the priest, the sacred rite or priestly blessing.”4 Moreover, the same consultors, looking at the possibility of extending to deacons the faculty of blessing marriages, “reject that a deacon, in conformity with the Eastern tradition and for ecumenical reasons, should be considered as minister before whom a marriage could take place in its ordinary form.”5 The Latin Church regulation in this matter is different. In fact, the Codex Iuris Canonici (CIC) canon 1108 establishes that:§1.Only those marriages are valid which are contracted before the local ordinary, pastor, or a priest or deacon delegated by either of them, who assist, and before two witnesses . . . The Jurist 70 (2010) 206–234 206 1 Byzantine Catholic Seminary, Pittsburgh, PA. 2 Urbaniana University and Pontifical Oriental Institute, Rome. 3 Code of Canons of the Eastern Churches, Latin-English Edition (Washington, DC: CLSA, 2001). 4 See Nuntia 8 (1979) 21. 5 Ibid. §2. The person who assists at a marriage is understood to be only that person who is present, asks for the manifestation of the consent of the contracting parties, and receives it in the name of the Church.”6 Furthermore, Latin canon 1112, §1 establishes that: “Where there is a lack of priests and deacons, the diocesan bishop can delegate lay persons to assist at marriages, with the previous favorable vote of the conference of bishops and after he has obtained the permission of the Holy See.”7 As a corroboration of this delegation to the deacon, the canon refers to Lumen gentium 29: “ . . . To the extent that a deacon has been authorized by competent authority, he is . . . to assist at and bless marriages in the name of the Church . . . ”8 This different canonical discipline between the Eastern churches and the Church of Rome reflects their diverse theological perspective on the sacrament of matrimony. Their terminology on the matter also differs; for instance, where the Latin code has “matrimonia quae contrahuntur, matrimoniis assistere,” the Eastern code has “matrimonia quae celebrantur , matrimonia benedicere.”9 Eastern Theology on Marriage and Sacred Rite In his Letter to the Ephesians, Saint Paul reflecting on Genesis, chapter two—“. . . that is why a man leaves his father and mother and clings to his wife, and the two of them become one body ”—affirms that “this is a great mystery, but I speak in reference to Christ and the Church.” Saint Paul sees in the text of Genesis a prophetic image of the union of Christ and his Church, a mystery hidden throughout the centuries and revealed now, as the mystery of salvation of the nations. This Pauline teaching has affected the theology, polity, and liturgy of the sacrament of marriage of the Christian East. The rites and symbols of marriage in the tradition of the various Eastern churches are to be understood in the mystical and the RITUS SACER of the sacrament of marriage 207 6 Code of Canon Law, Latin-English Edition (Washington, DC: CLSA, 1998). 7 See 1983 code, c. 1112; see also Leges Ecclesiae, ed. Xavier Ochoa (Rome: Commentarium pro Religiosis, 1980) 5: 6954–6956. 8 Decrees of the Ecumenical Councils, ed. Norman Tanner, 2 vols. (Washington, DC: Georgetown University Press, 1990) 2: 874. 9 See 1983 code, cc. 1058 and 1108; CCEO...

Die Rechtsgeschichtliche Entwicklung des “Handelns Durch Andere” im Kanonischen Recht: Grundlage einer Teilhabe von Laienan der potestas regiminis? by Peter Platen

the prerequisites for entry into the clergy in the first five centuries on the basis of the sources reviewed (pp. 273–306). An excellent bibliography (pp. 313–355) and a helpful index (pp. 357–364) complete this remarkable and masterful work. Teachers and students of the early church will find here rich material translated and presented in a comprehensive manner. While the latest historical scholarship has been taken into account, the book’s main focus is on the spiritual rather that the social role of the clergy. It is the reviewer ’s deepest wish (along with the author’s) that those preparing for the ordained ministry might find here an accurate and vivid account of the virtuous life that should always be their goal. George Dmitry Gallaro Byzantine Catholic Seminary Pittsburgh, Pennsylvania DIE RECHTSGESCHICHTLICHE ENTWICKLUNG DES “HANDELNS DURCH ANDERE” IM KANONISCHEN RECHT: GRUNDLAGE EINER TEILHABE VON LAIEN AN DER POTESTAS REGIMINIS? by Peter Platen. Beihefte zum Münsterischen Kommentar . Essen: Ludgerus, 2007. Pp. liv–435. This study principally examines the historical development of the juridical concept of “acting through others” (Handeln durch andere) and the various ways that this has been admitted in canon law, including various offices like the papal legate, chorbishop, archdeacon, archpriest, officialis , vicar general, procurators, delegated judge, synodal and pro-synodal judges as well as various juridic institutes like the delegation of papal jurisdiction, the concept of commissio, the notions of delegatio ab homine and a iure and delegatio directa and indirecta. The work is a major contribution to the history of canon law, one that sheds light on juridic offices, institutes, rules and principles still operative in canon law today, especially as seen in Books I, II, and VII of the 1983 Code of Canon Law and the comparable titles of the Code of Canons of the Eastern Churches.A secondary concern of this work, reflected in the subtitle, is contemporary: whether the notion of “acting through others” in the history of canon law lays a foundation for a participation of the laity in the power of governance. After a thirty-eight page bibliography of sources and secondary literature (mostly historical) and an introduction discussing the work’s scope, 494 the jurist methodology, and some terminological questions, there follows the body of the work which is divided into two parts. The first part, in two chapters , looks at how the notion of “acting through others” was expressed in Roman law. The first chapter treats Roman private and procedural law and the second is on the exercise of jurisdiction and administrative activity in Roman law. Roman law’s greatest influence on canon law with respect to the topic of the work lay in its notions of iurisdictio ordinaria, iurisdictio mandata, and iurisdictio delegata. Part II is devoted to the principal subject matter of the book—the development of the concept of “acting through others” in the history of canon law. It is divided into four chapters covering major periods of the history of canon law that saw significant developments in the notion: the beginning of the classical period of the science of canon law up to 1140; the period from 1140 to 1348; the middle of the fourteenth to the end of the eighteenth centuries; and the beginning of the nineteenth century until the 1917 code. It is interesting to see in several of these chapters the extent to which scholarly reflection on the “delegated judge,” acting on behalf of pope or bishop, led to increasing refinement of the concept of “jurisdiction” in the science of canon law. One of the questions addressed historically was whether a lay person could be vicar general. Opinions varied, but the authors did not exclude this possibility on the grounds of any essential incapacity of the laity. Moreover, it was admitted that the pope could appoint a lay person to be vicar general as well as to permit a bishop to do the same, and the possibility of appointing a lay person as vicar for temporal matters was unproblematic . There was also general agreement among canonists that the pope could delegate jurisdiction to a lay person. In fact, there are numerous examples of the actual exercise of jurisdiction by lay...

La Motivación del Decreto administrativo Singular En El Derecho Canónico by Estanislao Mazzuchelli Urquijo

book reviews 497 This book contains much wisdom and valuable information—canonical , theological, and historical. The authors present their articles in a scientific manner with extensive footnotes. Experienced canonists and novices will find this book a helpful source of information. Michael Nobel St. Paul University Ottawa, Ontario LA MOTIVACIÓN DEL DECRETOADMINISTRATIVO SINGULAR EN EL DERECHO CANÓNICO by Estanislao Mazzuchelli Urquijo. Thesis ad Doctoratum in Iure Canonico. Roma: Pontificia Universitas Sanctæ Crucis, Facultas Iuris Canonici, 2007. Book I of the Code of Canon Law, General Norms, is of particular importance in the administrative life of the Church. For example, more than simply administrative praxis, the canons assist in the implementation of certain suggestions approved by the 1967 synod of bishops concerning the revision of the code, such as the protection of rights and fostering the pastoral care of souls. While many canons repeat previous norms, and thus, according to canon 6 §2, must be interpreted in light also [etiam] of the canonical tradition, the use of etiam indicates that the canons must take cognizance of developments in the law and certain essential keys to interpretation, such as the conciliar doctrine on the Church (e.g., Sacrae disciplinae leges). This dissertation makes an important contribution to such an analysis of book I of the code. More specifically, as the author states in his Introduction , the text investigates “the motivation of singular administrative acts in canon law,” specifically, canons 51 of the Code of Canon Law (CIC) and canon 1519 §2 of the Code of Canons of the Eastern Churches (CCEO) with analysis of the various implications deriving from such an investigation. These implications include such questions as the description of a decision; the difference between a decision and a provision; the meaning of expressing the motives for the act, at least summarily (CIC c. 51: expressis, saltem summarie . . . motivis; CCEO c. 1519, §2: exprimantur saltem summarie motiva); reasons both for requiring motivation and for the difference between the two codes. [The CCEO allows the motivating reasons to be kept in a secret book, accessible only to the one to whom possible recourse has been made]. Given the recent articulation of such a canonical requirement, the author must emphasize recent developments in the law. The text is divided into six chapters followed by conclusions and bibliography ;thefirstchapterconcernsthereasonsmotivatingthesingularadministrative act in reference to secular law. This chapter establishes the framework for the administrative act in general, using secular law praxis to assist in an analysis of the canonical requirements. In chapter two, the author traces the development of the two canons (CIC 51 and CCEO 1519§2) and the differences between the two codes. In the CCEO canon 1519, §2 occurs in the context of “Art. I, Procedure for Issuing ExtraJudicial Decrees,” whereas such a context is absent from the CIC. Further, the author establishes the distinction between the act in the strict sense (its constitutive elements) and the procedure accompanying the act—its development , notification, and execution. Finally, both the written form and the motivation are considered to be of great importance to the act. In the third chapter, the author analyzes canonical teaching on providing motivation for the singular administrative act and in the fourth chapter does the same in reference to canonical jurisprudence. In examining the decisions and decrees of the Signatura, the author perceives development in the jurisprudence. For example, while no strict requirement for expressing motivation for an administrative act existed prior to the CIC, it was considered necessary by the Second Section of the Signatura.And, importantly, in analyzing one decision (January 20, 1986) the author concludes, “Si en general la falta de motivación es considerada violación de ley in procedendo, la falta de certeza moral es una violación de la ley in decernendo” (p. 181). This chapter was particularly helpful in understanding the more abstract concepts presented elsewhere (as is often the case in interpreting, applying, and even teaching Book I). The fifth chapter examines universal legislation on motivation in the singular administrative act; first, “normas codiciales referidas a determinados actos que deben ser motivados,” such as a decree of expulsion of a religious from the institute; canonical election; transfer, removal, or privation...

The Teaching Ministry of the Diocesan Bishop and Its Collaborative Exercise

* Professor of Canon Law, Washington Theological Union. 1 Abbreviations used in this article: AA Apostolicam actuositatem, Second Vatican Council, Decree on the apostolate of the laity (November 18, 1965). AS Apostolorum successores, Congregation for Bishops, Directory for the Pastoral ministry of Bishops (February 22, 2004). Vatican City: Libreria Editrice Vaticana, 2004. c, cc canon, canons of the Codex Iuris Canonici, John Paul II, Code of Canon Law (January 25, 1983), unless otherwise indicated. CCEO Codex Canonum Ecclesiarum Orientalium, John Paul II, Code of Canons of the Eastern Churches (October 18, 1990) CD Christus Dominus, Second Vatican Council, Decree on the pastoral office of bishops in the Church (Oct. 28, 1965) DH Dignitatis humanae, Second Vatican Council, Declaration on religious freedom (December 7, 1965) DV Dei verbum, SecondVatican Council, Dogmatic constitution on divine revelation (November 18, 1965) LG Lumen gentium, Second Vatican Council, Dogmatic constitution on the church (November 21, 1964) PG Pastores gregis, John Paul II, apostolic exhortation, Shepherds of the flock (October 16, 2003). Origins 33:22 (Nov. 6, 2003) 353–392. PO Presbyterorum ordinis, Second Vatican Council, Decree on the ministry and life of priests (December 7, 1965) TMDB National Conference of Catholic Bishops, “The Teaching Ministry of the Diocesan Bishop: A Pastoral Reflection,” (November 14, 1991). Origins 21:30 (January 2, 1992) 473–492. UR Unitatis redintegratio, Second Vatican Council, Decree on ecumenism (November 21, 1964) The source for the documents of the Second Vatican Council: Decrees of the Ecumenical Councils,Volume Two: Trent to Vatican II, ed. Norman P. Tanner . (Washington: Georgetown University Press, 1990). 382 The Jurist 68 (2008) 382–407 THE TEACHING MINISTRY OF THE DIOCESAN BISHOP AND ITS COLLABORATIVE EXERCISE James A. Coriden* Introduction This study focuses on the nature of the teaching office of the diocesan bishop, its ecclesial context and theological foundations, its scope and modes of exercise, and specifically on the collaborative exercise of the bishop’s teaching ministry. The study relies on the teachings of the Second Vatican Council and post-conciliar reflections, both theological and canonical, on the episcopal teaching office within the Roman Catholic Church.1 It does not attempt to treat all of the issues related to 2 Michael Buckley, S.J., one of the collaborators on the November 1991 NCCB statement on “The Teaching Mission of the Diocesan Bishop,” graciously made available to me some of the earlier drafts prepared for that reflection. I am most grateful to him for this assistance . Several ideas and even some expressions from those drafts appear herein. the teaching ministry of the diocesan bishop 383 teaching authority or the question of legitimate dissent from the teaching of bishops. The work proceeds in three steps: a) the teaching mission of the Church, b) the teaching function of the bishop, and c) the modes of exercise of the bishop’s teaching function. It concludes with some suggestions for modifying the existing canons of the 1983 Code of Canon Law in order to bring them into closer conformity with the theology of the teaching office. A. The Teaching Mission of the Church 1) The Teaching Missions of Jesus Christ and the Holy Spirit In Jesus of Nazareth God disclosed himself to humankind in a unique way. Jesus the Christ was the ultimate revelation of God and God’s love for us. In his life and works, in his death and resurrection, Jesus united himself with us, gave himself up for us, and made known to us the ways of God. Jesus the teacher taught us the truth about ourselves and about God.2 Jesus promised and then sent his Spirit from the Father to continue and complete his mission, to remain with us, to remind us of what Jesus told us, and to lead us to all truth (Jn 14 & 16). The Spirit dwells in the Church and in the hearts of the faithful as in a temple, unifies the Church’s communion and ministry, directs, instructs, and renews the Church by means of the Spirit’s gifts (LG 4). The Spirit gathered Christ’s disciples intoaChurch,andundertheSpirit’sguidancethatChurchkeepsfaithwith Jesustheteacher,andcarriesonhismissionofGod’sself-communication. These two teaching missions, of the Son and Holy Spirit, are intimately interrelated and mutually interdependent. Together they disclose the...

The Origin and Founding of the Ecclesiastical Law Society

There was an ecclesiastical law shaped hole in the Church of England from the dissolution of Doctors' Commons in 1857 until 1987 when it was filled by the formation of the Ecclesiastical Law Society. In 1947, forty years earlier, the Archbishops' Canon Law Commission had suggested how the hole might be filled. The Commission was appointed in 1939 and published its report under the title The Canon Law of the Church of England (SPCK, 1947). The Report consisted of a learned and authoritative review of the sources of English canon law and made recommendations for its reform, in particular by appending to the Report a body of suggested revised canons. Included in the Report was the following paragraph expressing the hope that a society might be formed for the study of canon law:‘The success of a new code of canons will to a great extent depend on a wider knowledge than at present exists among the clergy of the law of the Church of England, its nature, history, development, and particular characteristics; and it is hoped that the previous chapters of this Report will provide an elementary introduction to the subject. We recommend therefore that those who are responsible for the training of ordination candidates and for the post-ordination training of the clergy should be asked to consider what steps can be taken to give both ordinands and clergy a more professional knowledge of the Church's law and constitution. In giving evidence before the Ecclesiastical Courts Commission in 1883 the late Sir Lewis Dibdin pointed out that since the disappearance of Doctors' Commons in 1857 there had really been no method of teaching or preserving a knowledge of the Ecclesiastical Law. It is impossible at this stage to revive anything like Doctors' Commons, but we would suggest that a society, consisting of clergy, professional historians, and lawyers, be formed for the purpose of studying the Ecclesiastical Law and of suggesting ways in which that law either needs alteration or can be developed to meet new needs. As a rule there is far too little contact and interchange of ideas and points of view between the clergy and ecclesiastical lawyers, and such a society would give opportunities for this. Such a society would train up a number of people competent to advise and help the clergy in the particular problems of Ecclesiastical Law with which from time to time they are confronted.’