European Perspective on the Future of Canon Law.
Secular Legal Culture and Canon Law
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Before 9th Century with secular incursion into marriage, canon law dominated the scene. Now they are partners. As secular law develops areas on rights of the individual and the common good, canon law may benefit from its insights.
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Reconstruction, integration of the best from secular law into canon law. Reception
Belgian Lay Ministers paid by the state - are they = to priests (but they have diocese as safety net) or are they protected by employment laws on termination. Bps are crafting a response incorporating secular labor law principles into termination policies.
Catholic hospitals in Belgium have church association and secular nonprofit with the exact same statutes, thus incorporating secular law into the canonical statutes.
Privacy (canon 20) is a partial reception of secular law into the code. This isn't derived from theological priniples. And how balance that with criminal behavior and common good? Church invented privacy in the seal of confession doctrine between the 6th and 9th centuries.
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Creative Reconstruction
Horizontal Fundamental Rights - Fundamental Rights pre-exist membership in society, but in the church with baptism, we come into a pre-existent church through its own doors. Theologically, no need for free zone in church. But shouldn't the church respect these rights - wwjd.
Self-binding - leaders could choose to be collegial, collaborative, even though the structure doesn't require it.
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Reverse reconstruction
German pastoral workers have civil and pastoral elements in job contract.
Spanish annulment (usually) is a valid civil divorce. So do tribunals select for the valid civil grounds, even if less plausible
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Divine law, limits of reconstruction - canon law comes from both divine law and human reason - it is important not to play the divine law card too soon, because fruitful discussion may be thwarted. Former 'divine law' has changed. (crying wolf) Pree: there is no merely divine law - it is always divine and human.
Pluriformity and Canon Law
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Theological and Sociological Pluriformity - balancing multiculturalism and the value of unity. For example particular law in the church. Read the code as expansion of power of bishops and people.
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Pluriformity in Canon Law. balanced with communion. Territorial parish (canon 518) is losing ground. It admits exceptions for personal, ethnic parishes. But also it is being ignored by lay catholics in customary practice. In the past territory was a natural criterion, now it is more artificial. Custom could be an opening to pluriformity - will this become law?
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Canon Law with Pluriformity - what about non-canonical solutions. Marriage law, by attacking underlying consent may overlook years of marriage, relationship and attempts to restore it. Can annulment be more healthy.
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Pluriformity and Canon law. In the future pluriformity in and of canon law will be increasingly at issue.
Personal prelature (canons 294-297) is in tention with dioceses, and isn't found in book 2 part 2 on the hierarchical constitution of the Church. This also mitigates against territorial church.
Secular Legal Culture and Pluriformity
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Curtailing the idea of ius perfectum / societas perfecta. Text means more than the authors imagined. Transparency requires that language and concepts be transparent. Many loci theologi can inform canon law. Theological vision hidden in secular elements.
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Changing the law may not be very helpful. Constructions beyond the law may be the way to go.
Rights in Canon Law - Real, Ideal or Fluff?
Basis for Rights
Proposed theories
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Theological Basis for rights. Lumen Gentium 9 Rights flow from equality of sons and daughters of God, also nature of the church - teacher - right to teaching, sanctifying, right to sacraments, ruler right to participate in evangelization.
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Legal Basis: Rights frlow from the dignity of the christian
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Neumann: human rights guaranteed by church, fundamental rights guaranteed by gospel. Gospel is necessary but not sufficient source for legislation.
Current canons defy clear basis. Canon law doesn't try to offer a complete political system. Vattimo: christianity intrinsically moves to secularism. Rights development woudl be unthinkable without christian influence, can these rights reenter the church. But this happens only if identity is secure. Creeping individualism is part of the pathology of rights. Right with a connected duty often ends up being just a duty.
Church Apply Own Teaching?
Consistency - but are the rules for self or others - pharisaical? Religious freedom in religions breaks down barriers and specificity of religions and makes them all equal. (Entrophy) However, this doesn't mean other fundamental rights can also be missing in religions. Leaving the church is canonically impossible: Canon 11, says catholics bound by canon law. 1086, 1117 1124 in the context of marriage talk about leaving the church by formal act, but it is never described in General Norms. If it is exceptionally possible, there must be canonical and theological basis, and why is it just exceptional. Theologically, is baptism sufficient to membership, Rahner says profession of faith and obedience is also required. There may be a helpful theological distinction. {Is there a converse here? State doesn't allow unlimited freedom to enter and leave the state, and/or to become a citizen or lawful resident. So there should be some ability to define membership, but that does not mean that every exercise of that freedom is apropos.}
Rights and Equaltiy
What is the significance of rights and equality in canon 208 in a church where governance is exercised exclusively by the ordained Canon 129 and 274. Some would limit the meaning of equality to theological meaning, having no juridical effect, 1) because it is from Lumen Gentium 32; 2) you can't say this to people and expect them to take it as a mere theological nicety. 208 limits equality "according to each one's own condition and function..." Though this shouldn't be allowed to disgorge the true equality, it can theoretically be the basis of every form of discrimination. What criteria can be used to assess appropriate unequality. Equality as an abstract principle must be applied in concrete situations, e.g. who can be equally be considered for judicial vicar or all equally enjoy the rights outlined in canons 208 through 223. Equality yields before theological principles, but ecclesiastical law yields to equality. So characterizing the value is critical, e.g. women's ordination.
Rights of Communities
Communities in the code - parishes and congregations.
Problems: who claims the rights (pastor, parish council), how exercised, how vindicated (appeal to bishop to reverse his own action - but it is in his discretion - no effective recourse: where there is a right there is a remedy, and the parish may stop an action, but may be unable to force an action). Many 'parish rights': existence, communion, sacraments, pastoral leadership. A parish may have a shared priest - formally fulfills right, but materially hampered.
Communities from in the code - informal associations - they may have rights, but is there a remedy. For example in the netherlands, a parish group raised funds and hired a pastoral worker to work along side the pastor. This was fine till troubles came with a new pastor. There is also a problem with a parallel hierarchy of personal prelatures.
Communities not in the code - e.g. parishoners who may be scandalized don't have a right to prevent it, even though the scandal can be cause to remove or suppress the cause of it.
Protection and Vindication
Fundamental Character of Rights
Conclusion
1. Exact significance of rights - foots, foundations, scope,etc.
2. Place of rights in the system: Canons 208-223 - how pervasive is their effect?
3. Protection and Vindication - 1983 code is incomplete
Session 1 - Introduction to Rights
Book 2 People of God Canons 202-329
Five Parts after the introduction
208-223 obligations and rights of Christian faithful
224-231 lay faithful
232-293 clerics
294-297 personal prelatures – non as much belonging here. Opus Dei wanted this section to be part of the public law as an alternative to parishes. Messmer said that this was a compromise – they got in the code, but not in special structure. He analyses the history of this section. Military chaplaincy was their initial model. Often articles on military chaplaincy are by Opus Dei people posturing.
298-329 associations
Session 2 - Irish Law of Marriage
William Richardson - Influence of Religion on Society and Canonical Consequences - Ireland and the Law of Marriage.
Constitutions - Introduction. Up to 1922 Ireland was part of UK, in 22, Ireland became self sufficient for local matters and they relied on the crown for international affairs. 1937 Constitutions. No law should be made in Ireland establishing a state religion or discriminating against citizens on the basis of religion. Church of Ireland had be state religion. 1937 constitution was considered a catholic constitution for catholics. Pius XI didn't approve it because it didn't set up a state church. 5 articles: personal rights, family, property, religion, education. Parents are natural educators, private entities supplement that, e.g. church schools. There is no civics in this.
Article 41 of Irish Constitution:
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1° The State recognises the Family as the natural primary and fundamental unit group of Society, and as a moral institution possessing inalienable and imprescriptible rights, antecedent and superior to all positive law.
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1° In particular, the State recognises that by her life within the home, woman gives to the State a support without which the common good cannot be achieved.
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1° The State pledges itself to guard with special care the institution of Marriage, on which the Family is founded, and to protect it against attack.
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at the date of the institution of the proceedings, the spouses have lived apart from one another for a period of, or periods amounting to, at least four years during the five years,
ii. there is no reasonable prospect of a reconciliation between the spouses,
iii. such provision as the Court considers proper having regard to the circumstances exists or will be made for the spouses, any children of either or both of them and any other person prescribed by law, and
iv. any further conditions prescribed by law are complied with.
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Social understanding embodied in the constitution
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Medieval canonical tradition that was fossilized
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Church court developments.
2° The State, therefore, guarantees to protect the Family in its constitution and authority, as the necessary basis of social order and as indispensable to the welfare of the Nation and the State.
2° The State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home.
2° A Court designated by law may grant a dissolution of marriage where, but only where, it is satisfied that (This is new, not in 1937 constitution).
3° No person whose marriage has been dissolved under the civil law of any other State but is a subsisting valid marriage under the law for the time being in force within the jurisdiction of the Government and Parliament established by this Constitution shall be capable of contracting a valid marriage within that jurisdiction during the lifetime of the other party to the marriage so dissolved.
Before the reformation, matrimony cases were administered by the church. After the reformation, this was passed to the church of Ireland the state church. This law developed in the particular situation of Ireland. Judicial separation was provide (separation of bed and board). No divorce. The sacramentality of marriage was denied, but it's indissolubility was upheld. You could get parliment to pass a law dissolving your marriage. In hundreds of years, only 10 of these were granted. Generally they were in cases where property was in issue.
1801, the system became integrated in the English system. United Kingdom of England and Ireland, and United Church of England and Ireland. Divorces through parliment. 1857 England took jurisdiction for marriages and added the power to grant decrees of divorce in England. 1870 the church of Ireland was disestablished. Role of ecclesiastical courts were abolished and new courts were set up for matrimony cases, but no allowances for divorce. Cases were based on established jurisprudence.
Two catholic traditions: 1) Constitutional law is from social teaching of the church. 2) State law, based on medieval canon law, mediated through the irish courts. Law stagnated from 1937 to 1970s because of the difficult economic situation. As the situation developed, judges began to draw on modern canonical practice to develop the state law system. In 1973 EU acceded to Ireland and removal of Chatholic refrences in the constitution and the 1986 removal of constitutional ban on divorce.
From 1917 on, there was great creativity in marriage law. Grounds for nullity as found in 1095 were developed. Marriage case developed more in 1970-1980. Applications in the 1000s. Civil laws of nullity were more restrictive than church laws. Religious ceremony is the civil ceremony. As a result people thought that the church nullity would be recognized civilly. So many people were married for the church and bigamists for the state. 1970s working party under attorney general sought a resolution.
Only grounds for civil nullity was impotence. Courts began to expand this to incapacity to form a relationship. More than mere conjugal relation, marriage is also a psychological relationship. Schizophrenic, then homosexual.
Right to Privacy. Contraceptive ban was in place before the 1937 constitution. 1987 this was challenged on medical basis. Homosexuality laws challenge based on right to privacy.
Summary and Future Expectations:
State and civil law were holding back, whereas the church in practice was pushing for divorce. 175 petitions / 88 decrees in 10 year period in the civil courts; 7000 applications and 900 decrees in church courts in the same period.
Session 3 - Nature of Fundamental Rights
Where do human rights come from? The diseases of enlightenment and liberalism provided a freezone in which the person could do as they please. The state must keep out of the zone. But in the Church how can there be a place where people wouldn't welcome the influence of the bishop? It is ontologically impossible. Church duties are conceived as legal norms, but they are really moral guidelines, soft law - since they cannot be enforced. The church idea of freedom to be who you are is closer to a duty to live according to norms. But in human rights, the right means can do the wrong thing, but you have the choice. In the church you should not do the wrong thing, so you have the right only to do the right thing, so that is more of a duty.
Hohfeld - set up a duality of rights and duties. My right implies your duty. But in the church there is the right and duty. Is this possible?
Human rights in the state - if you simply repeat cliches, everyone applauds you. People who are a bit out of line are the ones who need human rights.
1980 Convention on Diriti Fundamentali Corecco Fribourg - (later bishop of Lugano - helped JPII with the final redaction of canon law). Ratzinger along with Corecco says that Human rights and ecclesiastical rights are fundamentally different. Uneasiness with the notion of Fundamental Rights which were promoted by Onclin and Castillo-Lara. Some secular nuances in his writing. He suggested a broader catalog of rights, including privacy.
Large theories of Fundamental Rights in the Church
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Carl Hinder began with question of description of the church and its three munera, then he built up a system around that. This is very theoretical, but they don't correspond to secular human rights. But these 'rights' are not enforceable. But that was his way of keeping the mystery intact.
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Neumann Tried to theologize legal terms. He did what Beyer did, but wanted to transform the rights to be qualitatively better. Freedom of expression with more gentleness and respect. So insulting speech wouldn't be free. He also added more of a horizontal aspect. It is more sophisticated than creating something from scratch with no context.
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Walf denied autonomy of the church regarding fundamental rights. Everything regarding human rights is anthropological. The rights are there, the church lacks the authority to talk about it. Radically anticlericalism.
Legislator didn't make any real choice of a legal theory. Some are in the line of traditional human rights, e.g. Beyer gives us due process, 221, 215, 220 privacy, 212.3 expression. But several rights are in the Hinder construct: 209 obligation to maintain communion, 210 lead a holy life. Then 213: Christ’s faithful have the right to be assisted by their Pastors from the spiritual riches of the Church, especially by the word of God and the sacraments. So don't we need enough pastors to give pastors, so ordination of women, married priests. The right to the sacraments is more important than lower norms. There is systematic anarchy in this regard, perhaps this is a good place to start. It is a point of discussion.
1.Beyer (religious law) advocated the notion that you could bring secular fundamental rights into the church - due process, association, expression. Some should be excluded, like freedom of religion. Not philosophical in application.
das Wort (the kerygmatic element - Book Three), Christian Education, Speech
das Sakmment (the sacramental element - Book Four), receive sacrament
die aposlolische Sukzession (the apostolic element - the Rest of the code) - duty and right to be obedient, parish rights, right to respect bishop
Specific canons discussed in Book 2
Session 6 Incardination Past Present and Future
Clerics are ordained for service. From the earliest apostolic times clerics were ordained for a particular local church. Before Nicea it was maintained by custom. 314, 325, 451 councils all condemned headless clerics. No absolute ordination. Most in breech were Irish monks. This was a continued through the ages into the present times. At trent, it was expanded to attachment to dioceses. 1917 codified tradition: diocese or religious institute. This was specifically those useful for the diocese. Excardination was disfavored.
Goals: Faithful received stability of their clerics, Bishop wanted peace among bishops, clergy obedience, prevention of avaricious ambition of priests, restraint of unworthy clergy, and Cleric permanent employment and permanent sustanence. Bolstered institutional church with emphasis on discipline and link to particular church. After 1917 code opening of continent of Africa: permitting some priests to serve in the developing churches. These became the mainstay of clergy in many developing countries. The 17 code promoted discipline. The 83 code was more interested in pastoral issues.
Session 7
Further History of Canon Law, see above session 5.
Session 8 Celibacy Canon 220
Celibacy Paul Barber
Celibacy caelibatus, caelebs, kevala - simple, not complex, absolute, can broadly - the state of not being married - or narrowly: never married.
Chastity - purity abstinence from unlawful sexual intercourse.
Continence - to hold together, repress. Abstinence from all sexual intercourse, temporarily or perpetual
History:
Scripture: Celibacy for the sake of the Kingdom Matthew 19:12. Clergy to have only one wife 1 Tim 3:2, etc. Christian marriage - mystery and symbol of Christ's union with the Church Ephesians 5:32; Honorable Hebrews 13:4; Abstain only for a time, 1 Corinthians 7:5.
Legislation: Elvira 305 Bishops, presbyters and deacons abstain totally from their wives. (Dispute on whether it was prohibited or recommended) Ancyra 214 Deacons can reserve right to marry with bishops' permission. Nicea 325 Forbids women not related by blood from living with clergy. Gangra 343 People who refuse sacraments from married clergy are anathema. Apostolic Constitutions 380 Clergy should be content with their wives - no remarriage. Carthage 390 Abstain from intercourse the day before eucharist, this becomes a problem when daily mass is introduced. Siricius 384 says the same. Orange 441 Married men can be ordained, but they must be continent. Justinian imposes celibacy on Bishops in the East - to prevent loss of church property through inheritance. Trullo 692 sets out the current practice of the Eastern practice: no marriage for bishops, priests and deacons can be married when ordained, but can't marry after ordination. Lateran 1 imposed celibacy but couldn't impose continence. Lateran 2 clerics and religious invalidly attempt marriage. 1917 Clerics in minor orders may marry, but are immediately returned to lay state. Married who are ordained are automatically suspended.
Strands: example of Christ and some of the apostles. Ritual purity. Protection of Church Property. Symbol of Christ's union with the Church. Control of the lifestyle of clerics.
1983 Canon 277: perfect and perpetual continence and celibacy. Diocesan bishop can establish rules and pass judgment.
1990 CCEO 373: esteem for both celibate and married clerics.
Rights and Canon 220
Some argue for the the fundamental nature of rights. Peter Lombardi argues for precedence of rights, requiring other legislation to be interpreted consistently with rights. Coriden says 1. origins are fundamental, 2. rights are mentioned as fundamental in the principles of the code. 3. they are a chief purpose of the code. 4. placement at the start of book two shows importance. 5. what they say is of fundamental importance. 6. Soon after promulgation Pope John Paul referred to them as a fundamental charter. Provost is constituted by Christ, rights are an effort to respect the action of Christ in the Church. The common good is not the good of collectivity or the institution, nor the particular good of any individual, but the sum of those conditions necessary for each to hear and follow the call of Christ. Dignitatis Humanae, Mater et Magistra and Pacem in Terris. Rights are an unfolding of the Church's awareness of Christ's mandate. A problem he points out is that the church is always subject to its political millieux - and must preserve its integrity in this millieux. Castillo-Lara says rights arise from baptism and pastors are to assist, so there can be no tension. Freedom as autonomy is not a christian value - the christian before God is in a posture of obedience, then before the church as well?
Canon 211 - all have to spread the divine message. Canon 219 - is celibacy consistent with the free choice of state in life. McIntyre - the danger of the Roman law basis of Canon Law. We have to be aware of the baggage, e.g. the way rights are perceived in that tradition. Human, Civic, Religious, Ecclesial, Contractual.
Canon 220 - Privacy is a Human right - but the code changes them from human rights to ecclesial rights. This means the free exercise of it is surrounded by conditions. Original canon had only the reputation, old canon 2355 non 1390 gives right to take action against those who harm your reputation. Privacy is new. Some scholars will trace it back, but it is certainly a 20th century construct, e.g. Universal Declaration on Human Rights and the European Convention. The seal of confession has a longer history. Regulation of religious superiors and members relating to manifestation of conscience also has a longer history. There is an allowable question e.g. did you do x, there is a free protected zone, and there is an in between zone. Psychological Testing arose as a concern. John Paul II put in the part about privacy just at the end. It had been a right for candidates for religious orders, but not for seminarians. It was pulled from there and given to all the faithful.
It is the right of one's own sphere of intimacy, an inviolable autonomous space. Is there a free zone, what are its limits, is there anything completely inviolable?
Session 9 Formation of Clerics
Clerics: deacons, priests and bishops.
1917 code: focus on intellectual and spiritual life; pastoral side underdeveloped; human development more or less non-exisistent.
Vatican 2: Optatam totius 1965: Major seminaries necessary, spiritual training necessary, strict choice and testing and screaning, initiation in pastoral ministry, focus on sacred ministry, ongoing formation promoted.
Presbyterorum Ordinis 65, purpose of priest's life and ministry is glory of God; they are educators in the faith; pastors should form genuine Christian communities; priests act in persona Christi.
1983 Code - (Canons 234-239) seminaries needed for religious formation, suitably staffed. England has 4 seminaries, all less than one quarter full. But these all have to be supported. Admissions 241 screening. Formation (canons 242-275) pastoral focus, teaching pastoral principles and techniques so they can engage in teaching, sanctifying and ruling the People of God. Opportunity for pastoral practice, eucharistic celebration and prayer. Human formation is under-developed (canons 275-280).
Pastores Dabo Vobis 1992. lifelong assiduous care for personal sanctification in ministry and constant updating. Goods of society were recognized especially in the areas of justice and peace. Problematic elements of society: rationalism, hedonism, practical atheism. Problems effecting ministry include lack of knowledge of the faith among believers, lack of acceptance of the magisterium, distortion of the gospel message to purely social liberation. Priests are 1) to prolong the presence of Christ, 2) to be a minister of the word of God 3) to celebrate sacraments and 4) demanding need for virtues and dedication. All this has implications for formation of clergy. Critical are Human, Spiritual, Intellectual and Pastoral Formation - all are described in some detail. Pastoral and Intellectual formation should be held in creative tension.
Problems - individualism is always attacked because it is fashionable. The document analyses society, but not itself. Theology wants to combine and integrate everything. the 4 elements are had to do all adequately. What would be the minimal requirement for this formation
Deacon formation in canon 236. Challenge to discover a true identity of the permanent diaconate.
Bishops - Pastores Gregis 2003 - ongoing formation required, but often lacking. No particular formation required.
Priests on seminary formation: seminaries petty, institutional, sequestered, theory without practice. Spirituality and prayer were adequate. Human formation inadequate, especially with sex; can't build priestly formation without a human foundation. Human formation refers more to laity than to the priests themselves. Perceived lacks: neglect of human formation and practical aspects of liturgy and ministry. The goal is presented which is unreal.
Term ministry and its clerical and lay aspects. Should priests be focusing on specifically priestly ministry, sacraments, etc.
Session 10 Association Law
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Statues are required
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Under the higher supervision of the bishop
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Membership need not be catholic Canons 307, 308 and 316. 307: Reception of members according to norm of law, can be in more than one association and religious must have permission of legitimate superior.
215 and 298-329 public and private assns and de facto associations that aren't organized by the code, but do exist.
Winfried Schutz - this is a new element in the code. It was written by Onclin.
Title V: Associations of Christ's Faithful
Chapter 1: Common Norms
Chapter 2: Public Associations of Christs Faithful
Chapter 3: Private Associations of Christs Faithful
Chapter 4: Special Norms for Lay Associations
Session 11 History
Session 12 Belgian Hospitals
Historical Developments
Before 1921 one religious congregation with no civil structure. There was freedom of association, but not civil legal personality. Several activities were carried out, including a hospital. No civil structure.
After 1921 nonprofit associations allowed and there were erected with the same realities covered. Voting might be different, but de facto there was compliance with canonical association and authority structures.
Early 1960s canonical and civil structures of the congregation, but there was a civil administration committee (appointed by the congregation) with outsiders who report to the congregation. Defacto will easily follow the committee. This occurred because of increasing complexity in hospital management.
1970s canonical and civil structures and the advisory committee became a separate civil entity with remaining connection - Congregation remained owner of property and some contractual regulation.
1980s the link was dissolved. Personal and structural measures can be taken.
Structural Guarantees
Statutes in the hospital are needed that are statutes for the nonprofit association are also the statutes of the private association - with only a difference of the title. This cannot be done with a public association. Effects of the SAME statutes is DIFFERENT becasue the context is different. The primary difference is canon 326.1 - possible supression by the bishop. How can this be effected civilly. Stipulate in the statutes that:
In case one of the two associations is disolved, the other is automatically dissolved.
On dissolution, the goods go to another named association or one named by bishop.
The above two articles cannot be changed
This construction avoids drift of the hospital, and it forces church and hospital to find acceptable compromise in a crisis. The hospital completely looses, the church has transaction costs to re-establish. It also attracts administrators who are more compliant.
Session 13
Canon 129.2 Lay members of Christ’s faithful can cooperate in the exercise of this same power in accordance with the law. - partipate change to cooperate at the request of Hume and Ratzinger. They wanted to link Governance with Ordination.
Is it a true principle or
one with exceptions (Urutia) - chancellor - compulory advice for temporal goods - lay judges 1421, 517.2 -
Consequence is that clerics have to be tremendously present the three munera. Zabina Demer argues for lay governance leaving spiritual leadership to priests. E.g. sanctificandi, but not so much regendi.
Would it be a good idea to reconstruct for lay people something like incardination - deeper underlying link with the person, beyond the particular job.
Session 14 Rights and Duties of Clerics
Rights and Duties are clearer. However the expectations and suitability are harder to know and to 'enforce' i.e. it is soft law.
Rights
| right can be enforced through proper means | ||
| 215, 278 | Association | 215, 278 |
| 281.1, 2 | Decent remuneration for clergy and servants; social security | 281.1, 2 |
| 283.2, 533.2 | Holidays | many canon lawyers think customs are valid only in liturgical law but 533.2 requires phoning bishop before leaving parish for leaving for more than a week |
| 187 | resignation | |
| 221.1 | right to defend | |
| 538 | right for maintenance | |
| 538.3 | right for maintenance after retirement | |
| 522 | right for stability, indefinite appointment | |
Legitimate Expectations
Georgio Feliciani used the notion, but didn't explore follow-up.
| how can these expectations be enforced. Is there any hierarchical recourse? This is an open question | ||
| 276.2 | pursuit of holiness, nourishment of spiritual life, retreat | some priests anticipate this by refusing responsibilities, E.g. teach in high school rather than empty parishes |
| 218, 279 | pursuit of studies even after studies | |
| Common life | ||
| 274.2 | expectation of an appointment | |
| 521, 190, 193 | Be appointed to something for which you are suitable | |
| 384 | to be listened to | |
| 271 | transcardination | |
| 538 | retire age 75 | sometimes those who don't want to resign are those who the bishop wants to resign and vice versa - is there a legitimate expectation since you have to submit the resignation |
Legitimate Suitability
| 274 | cleric required for power of governance, but doesn't give right | |
| 150 | cleric required for full care of souls |
Duties
| Interpret restrictions of rights narrowly | ||
| 265 | Incardination (also a right) | |
| 273 | Reverence and obedience to pope and ordinary | |
| 275.1 | priestly fraternity | |
| 275.2 | Promote the mission of laity | |
| 276 | holiness | |
| 277 | celibacy | |
| 278 | avoid certain associations | |
| 279 | study | |
| 281 | foster simplicity of life | |
| 282.2 | unnecessary funds to the church | |
| 283 | don't leave dioces | |
| 284 | ecclesiastical wear | |
| 285 | refrain from unbecoming activities | |
| 285.3 | refrain from exercise of civil power | stricter than code of 1917 |
| 285.4 | transactions in a material field | |
| 286 | running a business | 288 makes exceptions for deacons 284, 285, 286, 287 - (277 celibacy should be here as well) |
| 287.1 | foster peace and unity | code is only about 10% true law. Much of it is precatory |
| 287.2 | disallowed from governing political parties or trade unions | |
| 289.1,2 | disallowed from volunteering for military service - take advantage of exemptions | 1918 was a document restricting military service. Supports conscientious objection |
