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What Are "Indults" and "Dispensations"?

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What Are NINTH IN A SERIES ON CANON LAW What Are "Indults" Fr. Francis G. Morrisey, OMI, and "Dispensations"? PhD, JCD anon law, like the health care profes­ acts. Singular administrative acts are not the Editor's Note: Leaders sion itself, lays claim to its own unique same as acts of administration that are com­ jargon. But whereas medical acronyms monly or routinely performed by administra­ of Catholic health care C and abbreviations can be translated into tors. Rather they are acts, executed by one organizations differ terminology that the nonprofessional can who possesses the appropriate executive understand, oftentimes a canonical con­ authority, that impact the juridic status of an from leaders of other- cept has no corresponding counterpart in individual or of a juridic person. A singular than-Catholic ones in everyday English. Part of this ambiguity is administrative act may take the form of a due to the fact that canon law, which is decree, regulation, response to a request, that their work is rooted in theology, is only analogous to granting of a privilege, or dispensation. civil law. In addition, legal comparisons are Although executive authority is vested in the bound by both civil law oftentimes tenuous pope and bishops, others (priests, leaders of and the canon law of between canon law, religious communities, and lay women and which is based on men) share in this power through the particu­ the Catholic Church. Roman law, and the lar offices they hold in the church or by dele­ Because this is so, Anglo-Saxon system gation. Singular administrative acts are signifi­ of law that underpins cant since ecclesiastical law does not rely on leaders of Catholic M our American judi­ jurisprudence. Each case is considered indi­ cial system. vidually and regarded on its own merits. organizations should By SR. PATRICIA SMITH, Two terms that are A dispensation is the relaxation of an know something about OSF, PhD, JCD sometimes heard in ecclesiastical law in a particular case. For Sr. Pat is a relation to Catholic example, if a hospital or other entity is cele­ canon law. canonical consultant health care but are brating its 50th anniversary on a Friday dur­ Toward this end, and teaches at unique to canon law ing Lent, someone connected with it might Neumann College, are dispensation and request a dispensation from the requirement Health Progress is Aston, PA. indult. In the United of abstinence from the diocesan bishop. offering its readers a States, we are not accustomed to ask for a Dispensations, which require a just and rea­ dispensation from the requirement of paying sonable cause for not observing a specific series of articles on income tax or from having our cars inspect­ law, allow for pastoral adaptation to the ed. We seldom, if ever, discuss the implica­ needs of the people. They are commonly canon law under the tions of indults that we have received. These given for some marriage impediments, general editorship of a words are not part of our common American observance of holy days or days of penance, legal vocabulary. and similar matters. well-known expert in To better understand the meanings of dis­ Whereas dispensation is clearly defined in the field, Fr. Francis pensation and indult, the terms need to be canon law and is regularly used in certain sit­ placed in appropriate contexts. Canon law is uations, the concept of "indult" is more G. Morrisey, OMI, universal, and at times situations arise that fluid. The Code of Canon Law of the PhD, JCD, professor of call for responses different from what the law Catholic Church uses the word frequently anticipates. Dispensations and indults allow yet never delineates its precise meaning. canon law, Saint Paul adaptations of the law in particular situations Although the term does not appear in any of for the good and spiritual well-being of the sections of the code that might be partic­ University, Ottawa, those concerned. ularly related to health care ministry (such as Ontario. Both dispensations and indults are what Book V, which deals with temporal goods, canon law refers to as singular administrative or the section of Book I, which treats juridic 62 • SEPTEMBER - OCTOBER 2006 HEALTH PROGRESS THE CATHOLIC HEALTH ASSOCIATION persons), nevertheless the validity of cer­ tain canonical acts requires that permis­ sion or an indult from the Holy See be obtained. Indult means "granted by way of indulgence." Canonists generally define an indult as a concession granted by the competent superior or authority that permits something contrary to or apart from the law. "Indult" can refer to the act by which some favor or permission is granted, or it can refer to the favor or permission itself. An indult is akin to a dispensation; however, an indult often has a wider scope. Indults are given for a variety of reasons. The U.S. Conference Sha%d Statement of Identity of Catholic Bishops, for example, has received a number of indults from the For the Catholic Health Ministry Holy See that pertain to liturgy. How­ ever, a primary and significant use of indult vis-a-vis health care is found in e are tne people ol Catholic bealtb care, a minis-try ol tbe canons 1292, paragraph 2 (which ad­ church continuing Jesus mission ol love and healing today. dresses the alienation of all ecclesiastical goods), and 638, paragraph 3 (which W As provider, employer, advocate, citizen—bringing together applies specifically to the alienation of people ol diverse Iaiths and backgrounds— our ministry is an enduring goods by religious institutes), although the word "indult" is not used in either sign ol health care rooted in our beliel that every person is a treasure, canon. These canons state that the per­ every lile a sacred girt, every human being a unity ol body, mind, and spirit. mission of the Holy See is required for valid alienation of property or goods We work to bring alive the Crospel vision ol justice and peace. We belonging to a juridic person, the value answer Cod s call to loster healing, act with compassion, and promote of which exceeds the maximum amount set by the conference of bishops; or, in wellness lor all persons and communities, with special attention to our the case of religious institutes, the neighbors who are poor, underserved, and most vulnerable. By our amount determined by the Congrega­ tion for Institutes of Consecrated Life service, we strive to translorm hurt into hope. and Societies of Apostolic Life. The purpose of ecclesiastical proper­ As the church s ministry ol health care, we commit to: ty and other assets is to be used to con­ Promote and Delend Human Dignity tinue the mission entrusted to the church by Christ. As such, the pope is Attend to the Whole Person "the supreme administrator and stew­ Care lor Poor and Vulnerable Persons ard of all ecclesiastical goods" (canon 1273). Thus permission or an indult for Promote the Common Good alienation or other acts that might Act on Behall ol Justice jeopardize the patrimony of the juridic person is essential for validity. Steward Resources Dispensations and indults are unique Act in Communion with the Church to the individual s) or juridic person to whom they are granted. Because they ) are singular administrative acts, one can­ Tne Catholic Health Association ol tne United States not presume that one case fits all. • HEALTH PROGRESS SEPTEMBER - OCTOBER 2006 • 63 .
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