NOTRE DAME SEMINARY

GRADUATE SCHOOL OF THEOLOGY

Course Syllabus for CL 503 Law II (“Marriage”)

Instructor: (Rev. Msgr.) Christopher H. Nalty Semester: Fall 2014 Email: [email protected] Time: Thursday, 1:30-4:15 p.m. Adjunct Place: Classroom 3

I. Course Description

The course presents a systematic study of the Sacrament of Marriage according to the of the , with attention to the underlying theological doctrines, the pertinent canons of the and relevant jurisprudence. After a brief historical introduction, students are introduced to the elements of nuptial consent (cann. 1055-1062) and to impediments and other factors that can invalidate consent (cann. 1073- 1107). Also covered are pastoral care and the prerequisites for the celebration of marriage (cann. 1063-1072) as well as the “canonical form” of marriage (cc. 1108-1129). Finally, Book VII of the Code (cann. 1400-1707) will be covered through brief introduction to tribunal procedures dealing with the invalidity or dissolution of marital unions.

II. Course Rationale

Marriage is the vocation of an overwhelming majority of the faithful. Consequently, the Church has devoted much theological thought to marriage: how it comes into existence; how it is lived; and what happens if a husband and wife separate. Priests must have a thorough knowledge of the canonical discipline regarding marriage since priests guide the pastoral application of the Church’s sacramental and moral theology within the parameters of its canonical norms.

III. Course Goals/Intended Outcome:

A. To assist the student in gaining the appropriate theological and canonical understanding of the Sacrament of Marriage. B. To assist the student in gaining the canonical knowledge necessary for the pastoral care of those seeking marriage preparation and the liturgical celebration of marriages. C. To assist the student in gaining the canonical knowledge necessary for ministering to those whose marriages have failed by assisting them in initiating processes for marital nullity or dissolution.

IV. Instructional Methods

A. Lecture B. Mid-Term and Final Examinations C. One Reflection Paper D. One Marriage Scenario Assignment E. One Research Paper F. Participation in Class Discussions

V. Texts (Required and/or Recommended) A. Textbook 1. The Canon Law of Marriage and the Family, J. McAreavey (Dublin: Four Courts Press, 1997). 2. Commentaries from the New Commentary on the Code of Canon Law, An Entirely New and Comprehensive Commentary by Canonists from North America and Europe, with a Revised English Translation of the Code, ed. by J.A. Beal, J.A. Coriden and T.J. Green (Paulist, 2000; hereinafter New Commentary) (Mahwah: Paulist, 2000). 3. Marriage Preparation Guidelines, Province of New Orleans, A. Hughes, et al. (Promulgated February 10, 2008) B. Required Reading within the entire course 1. Gaudium et spes, Vatican II (1965; AAS 58, pp. 1025-1115), esp. arts. 47-52; English translation is available in several places, incl. esp. Vatican Council II: The Conciliar and Post-Conciliar Documents, ed. by A. Flannery (Northport: Costello, 1975). 2. Doctrinal background from the Catechism of the Catholic Church (Rome: Libreria Editrice Vaticana, second revised English edition, 2000; hereinafter CCC); the Compendium of the Catechism of the Catholic Church (Rome, Libreria Editrice Vaticana, English text 2006, hereinafter CCCC). 3. Pertinent canons of the Code of Canon Law, John Paul II (1983; AAS 75, part II) with comparisons from the Code of Canons of the Eastern Churches (1990; AAS 82, pp. 1061-1353); various editions of the Latin text and English translations are available, of which the most recent and recommended text is Code of Canon Law, Latin-English Edition, Revised English Translation (Washington: Canon Law Society of America, 1999).

2901 SOUTH CARROLLTON AVENUE ● NEW ORLEANS, LOUISIANA 70118-4391 ● 504-866-7426 ● FAX 504-866-3119 4. Pertinent sections of Rituale Romanum, Ordo celebrandi matrimonium, Pope Paul VI (Rome: Libreria Editrice Vaticana, Latin editio typica 1970) and Pope John Paul II (1990); various editions of the approved English translation of The Roman Ritual: The Rite of Marriage are available. C. Supplementary Reading 1. The Instruction Dignitas connubii of the for Legislative Texts dated January 25, 2005 (Rome: Libreria Editrice Vaticana, 2005). 2. The Invalid Marriage, L.G. Wrenn (Washington: CLSA, 1998). 3. and the Catholic Church, E. N. Peters (West Chester, PA: Ascension Press, 2004). 4. Readings from other commentaries, e.g., The Code of Canon Law, A Text and Commentary, ed. by J.A. Coriden, T.J. Green and D.E. Heintschel (Mahwah: Paulist, 1985); Code of Canon Law Annotated (Montréal: Wilson & Lafleur, 2nd ed. 2004, ed. by E. Caparros and H. Aubé); The Canon Law, Letter & Spirit, ed. by G. Sheehy et al., Collegeville: Glazier, 1995). 5. Doctrinal background from the Catechism of the Catholic Church (Rome: Libreria Editrice Vaticana, Latin editio typica, 1996; second revised English edition, 2000); the Compendium of the Catechism of the Catholic Church (Rome, Libreria Editrice Vaticana, Latin text 2005; English text 2006); and the United States Catholic Catechism for Adults (Washington, U.S.C.C.B., 2006). 6. Other commentaries and articles will be distributed in class or placed on the reserve shelf.

VI. Lecture, Presentation, and Reading Schedule

Date Class Topic Notes # Thurs, Aug. 28 1 Introductions Reflection Paper +St. Augustine Reintroduction to Canon Law assigned, due Thursday, September 11. Thurs., Sept. 4 2 Canonical Marriage 1 – Historical Overview of Marriage; Sacramentality/Essential Properties Cann. 1055-1056 and commentary on those canons from the New Commentary (these canons to be reviewed over the next two classes). “Marriage,” by J.A. Beal, in New Commentary, pp. 1234-1240. The Canon Law of Marriage and the Family, J. McAreavey, pp. 18-45.

2901 SOUTH CARROLLTON AVENUE ● NEW ORLEANS, LOUISIANA 70118-4391 ● 504-866-7426 ● FAX 504-866-3119 Date Class Topic Notes # Thurs., Sept. 11 3 Canonical Marriage 2 – Formation of the Bond; Reflection Paper the Nature of Consent; Manifestation of Consent due. Cann. 1057-1062; 1104-1107 and commentary on those canons from the New Commentary McAreavey, pp. 45-59 & 131-133. Marriage Preparation 1 – Pastoral Care and Prerequisites Cann. 1063-1072 and commentary from the New Commentary; Familiaris Consortio, Pope John Paul II (available in many places, incl. Origins 11, pp. 437 and 439-468), esp. nos. 66-68 (pp. 458-460); Faithful to Each Other Forever: A Catholic Handbook of Pastoral Help for Marriage Preparation, Bishops’ Committee for Pastoral Research and Practices (Washington: NCCB, 1988); Marriage Preparation Guidelines, Province of New Orleans, A. Hughes, et al. (Promulgated February 10, 2008); McAreavey, pp. 62-74. Thurs., Sept. 18 4 Marriage Preparation 2 – Impediments to Research Paper Marriage in General assigned; due Cann. 1073-1082 and commentary from the New Thursday, December Commentary; McAreavey, pp. 75-81. 4 (Bibliography & Marriage Preparation 3 – Diriment Impediments Outline due Cann. 1083-1094 and commentary from the New Thursday, October Commentary; McAreavey, pp. 81-95. 9). Thurs., Sept. 25 5 Form of Marriage – Canonical Form; Delegation; Officiating - Ritual and Notifications Cann. 100; 102, §§1-2; 136; 144; 1108-1123 and commentary from the New Commentary; McAreavey, pp. 136-151. Thurs., Oct. 2 6 Mixed Marriages and Secret Marriages The Holy Cann. 1124-1133 and commentary from the New Guardian Angels Commentary; McAreavey pp. 152-166. Effects of Marriage Cann. 1134-1140 and commentary from the New Commentary; McAreavey, pp. 167-170. Thurs., Oct. 9 7 Validation and Sanation Bibliography & St. Denis and Cann. 1156-1165 and commentary from the New Outline for Research Companions; St. Commentary; “Letter to the Bishops of the Catholic Paper due. John Leonard Church Concerning the Reception of Holy Communion by the Faithful who After Divorce Have Attempted Marriage,” Congregation for the Doctrine of the Faith, (AAS, 86 [1994], pp. 974-979); McAreavey pp. 171-177. Separation Cann. 1141-1155, 1692-1696, and commentary from the New Commentary; McAreavey pp. 193-203.

2901 SOUTH CARROLLTON AVENUE ● NEW ORLEANS, LOUISIANA 70118-4391 ● 504-866-7426 ● FAX 504-866-3119 Date Class Topic Notes # Thurs., Oct. 16 8 Grounds for Nullity 1 – Psychological Incapacity Marriage preparation +St. Hedwig; Cann. 1095 and commentary from the New scenarios assigned; +St. Margaret Commentary; McAreavey, pp. 96-109. due Thursday, Mary Alacoque November 7. Thurs., Oct. 23 9 Mid-Term Examination +St John Capistrano Thurs., Oct. 30 10 Grounds for Nullity 2 – Ignorance, Error, Deceit Cann. 1096-1100 and commentary from the New Commentary; McAreavey, pp. 109-118. Thurs., Nov. 6 11 Grounds for Nullity 3 – Simulation Marriage preparation Cann. 1101 and commentary from the New scenarios due. Commentary; McAreavey, pp. 118-128. Grounds for Nullity 4 – Condition; Force and Fear Cann. 1102-1103 and commentary from the New Commentary; McAreavey, pp. 128-133. Thurs., Nov. 13 12 Processes 1 – In General; Formal Cases St. Frances Cann. 135, §3; 1141-1150; 1401; 1405, §1, 1°; 1438- Xavier Cabrini 1439; 1444; 1501; 1547-1573; 1598, §1; 1607-1615; 1620, 4°; 1628; 1643-1644; 1671-1688; and commentary from the New Commentary; McAreavey, pp. 193-202. Thurs., Nov. 20 NO CLASS – Msgr. Nalty leading retreat Thurs., Nov. 27 NO CLASS (Thanksgiving Day) Thurs., Dec. 4 13 Processes 2 – Documentary Processes Research Paper due. St. John Cann. 1686-1688; 1697-1707; and commentary from Damascene the New Commentary; McAreavey, pp. 191-192. Processes 3 – ; Favor of the Faith Cann. 1141-1150, and commentary from the New Commentary; McAreavey, pp. 193-202. Final Examination Review Dec. 10-12 Final Examination

VII. Course Requirements

A. Pre-requisite: CL 201 (Canon Law I: “Introduction to Canon Law”). B. A reflection paper to be turned in at the beginning of class on Tuesday, September 11. C. A research paper to be turned in at the beginning of class on Thursday, December 4 (proposed Bibliography & Outline for this paper must be submitted by Thursday, October 9). D. Marriage preparation scenario evaluations to be distributed at the end of class on Thursday, October 17 and returned at the beginning of class on Thursday, November 6. E. A Mid-Term Examination to be administered Thursday, October 23. F. A Final Examination taken during the usual exam week G. Possible brief quizzes on assigned readings or lecture material to verify attendance, compliance, and comprehension.

2901 SOUTH CARROLLTON AVENUE ● NEW ORLEANS, LOUISIANA 70118-4391 ● 504-866-7426 ● FAX 504-866-3119 VIII. Evaluation Criteria

A. Class preparation, attendance, and active participation: up to 10% of grade B. Reflection paper: 10% of grade C. Marriage Preparation Scenarios: 10% of grade D. Research paper: 25% of grade E. Mid-term exam: 20% of grade F. Final exam: 25% of grade

IX. Attendance Policy

A. Due to the low number of classes, students are expected to attend all class sessions. B. Unexcused absences will be cause an appropriate deduction in the class participation grade.

X. Academic Integrity

Students are expected to take full responsibility for their academic formation. They are required to read assigned canons, commentary and other texts as scheduled. They are to focus upon the materials presented in class, and participate actively in the class discussion and other assignments. In their verbal and especially written work they are expected to “respect academic scholarship by giving proper credit to other people’s work, while at the same time preparing well for assigned materials and examinations in such a way that their academic integrity will never be questioned.”

(Last revised June 26, 2014)

2901 SOUTH CARROLLTON AVENUE ● NEW ORLEANS, LOUISIANA 70118-4391 ● 504-866-7426 ● FAX 504-866-3119