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Faculty of Canon Law Saint Paul University 2018 2018 EXPLICIT AND IMPLICIT RIGHTS COMMON TO ALL THE FAITHFUL IN THE CODE OF CANON LAW By SARATH CHANDRA SAGAR MADDINENI C.SS.R. A dissertation submitted to the Faculty of Canon Law, Saint Paul University, Ottawa, Canada, in partial fulfillment of the requirements for the degree of Doctor of Canon Law Faculty of Canon Law Saint Paul University 2018 © Sarath Chandra Sagar MADDINENI, Ottawa, Canada, 2018 ABSTRACT This study identifies and analyses the explicit and implicit rights in the Code of Canon Law that are common to all the faithful, that is, the canonical rights of all the baptized christifideles and, in particular, the Catholic faithful. Excluded, therefore, is a consideration of the special rights of particular groups of the faithful such as the laity, clerics, religious, office holders, married persons, etc. Although the focus of the thesis is on the canons of the Latin Code, the counterpart canons of the Code of Canons of the Eastern Churches are always noted when they exist. Explicit rights in canon law are indicated by the word ius or a synonym of same. An implicit right has no explicit terminology indicating a right, but the right is implied in the meaning of the law. Mostly, such rights are implied in the legal obligations of office holders and ministers. That they are obliged by law to do something for the benefit of the faithful implies a concomitant right of the faithful that it be done. Other requirements of the law may also give rise to implicit rights. These can only be known by a careful study and interpretation of the law considered in text and context. There are also certain Latin grammatical expressions commonly used in canon law for obligations or other requirements of law, and frequently these are indicators of an implied right. ii TABLE OF CONTENTS ABSTRACT ........................................................................................................................... II TABLE OF CONTENTS ........................................................................................................ III ACKNOWLEDGMENTS ..................................................................................................... VIII ABBREVIATIONS ................................................................................................................ IX GENERAL INTRODUCTION .................................................................................................. 1 CHAPTER ONE FUNDAMENTAL RIGHTS OF THE FAITHFUL 1.1 The Notion of Rights ............................................................................................. 13 1.1.1 The meaning of rights in the Church ............................................................... 13 1.1.2 Different types of rights in the Church ............................................................ 16 1.1.3 The meaning of “Christian faithful” ................................................................ 20 1.1.4 Relation of rights to obligations in canon law ................................................. 23 1.2 Modern Papal Teachings on Rights before Vatican II ...................................... 24 1.2.1 Pope Leo XIII .................................................................................................. 25 1.2.2 Pope Pius XI .................................................................................................... 26 1.2.3 Pope Pius XII ................................................................................................... 28 1.2.4 Pope John XXIII .............................................................................................. 29 1.3 Teachings of the Second Vatican Council on Fundamental Ecclesial Rights . 31 1.3.1 Spiritual rights .................................................................................................. 32 1.3.1.1 The right to pursue holiness of life ........................................................... 32 1.3.1.2 The right to receive the spiritual goods of the Church .............................. 33 1.3.1.3 The right to one’s own spirituality ............................................................ 34 1.3.1.4 The right to observe one’s own rite .......................................................... 34 1.3.2 Rights to participate in the Church’s mission .................................................. 35 1.3.2.1 The right to announce the good news of salvation ................................... 35 iii Table of Contents: Rights Common to All the Faithful iv 1.3.2.2 The right of preserving, professing and defending the faith ..................... 36 1.3.2.3 The right to undertake works on one’s own initiative .............................. 37 1.3.3 Personal rights .................................................................................................. 37 1.3.3.1 The right to express one’s needs ............................................................... 37 1.3.3.2 The right to freedom of research ............................................................... 38 1.3.3.3 The right to associate freely in the Church ............................................... 38 1.3.3.4 The right to instruction and free inquiry in the sacred disciplines ............ 39 1.4 Papal Teachings on Rights after Vatican II ....................................................... 40 1.4.1 Pope Paul VI .................................................................................................... 40 1.4.2 Pope John Paul II ............................................................................................. 42 1.4.3 Pope Benedict XVI .......................................................................................... 46 1.4.4 Pope Francis ..................................................................................................... 47 1.5 The Universal Law on the Rights of the Faithful 1917 Code to 1983 Code ..... 48 1.5.1 Rights of the faithful in the 1917 Code ............................................................ 49 1.5.2 Implicit rights in the 1917 Code ...................................................................... 50 1.5.3 The revision of the 1917 Code ......................................................................... 51 1.5.3.1 Attempts to list the rights of the faithful ................................................... 53 1.5.3.2 Rights in the Code revision process .......................................................... 54 1.6 Fundamental Rights of the Faithful in the Revised Code (cc. 208-223) ........... 58 1.6.1 True equality of dignity and action .................................................................. 59 1.6.2 Obligation to maintain communion ................................................................. 60 1.6.3 Obligation to live a holy life ............................................................................ 61 1.6.4 Right to proclaim the gospel ............................................................................ 62 1.6.5 Right to express needs, desires and opinions ................................................... 63 1.6.6 Right to spiritual assistance ............................................................................. 66 1.6.7 Right to worship God according to one’s rite and spirituality ......................... 67 1.6.8 Right to find and direct associations ................................................................ 68 1.6.9 Right to participate in the mission of the Church ............................................ 69 1.6.10 Right to Christian education .......................................................................... 71 1.6.11 Right to freedom in pursuit of sacred sciences .............................................. 72 Table of Contents: Rights Common to All the Faithful v 1.6.12 Right to choice of state in life ........................................................................ 73 1.6.13 Right to good reputation and privacy ............................................................. 74 1.6.14 Right to protection and vindication of rights ................................................. 76 1.6.15 Obligation to support the Church ................................................................... 78 1.6.16 Obligation to consider the common good and rights of others ...................... 80 Conclusion ................................................................................................................... 82 CHAPTER TWO RIGHTS OF THE FAITHFUL IN THE MUNUS DOCENDI 2.1 Rights to the Ministry of the Divine Word ......................................................... 90 2.1.1 The right to receive preaching from ordained ministers .................................. 90 2.1.2 The right to catechetical formation .................................................................. 97 2.2 Rights Pertaining to Catholic Education .......................................................... 103 2.3 Rights in the Canons on Instruments of Social Communication.................... 115 Conclusion ................................................................................................................. 121 CHAPTER THREE RIGHTS OF THE FAITHFUL IN THE MUNUS SANCTIFICANDI 3.1 Rights to the Official Liturgical Celebrations of the Church ......................... 124 3.1.1 Right to the official liturgy of the Church ..................................................... 125 3.1.2 Right to proper liturgical observances and discipline .................................... 126 3.1.3 Right to careful celebrations of sacramentals ...............................................
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