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CANON LAW: BASIC PRINCIPLES

D. R. Whitt, OP Law School Office, MSL 424 E-mail [email protected] Telephone 651.962.4921 Class Meetings Monday & Wednesday, 3:00-4:25 pm Classroom MSL 300 Office Hours Tuesday, 1-4 pm or by appointment

General Information This course examines the nature, history and function of law in the by presenting an overview of the norms provided in the 1983 Code of Law concerning general norms (Book I), the rights and obligations of the Christian faithful and ecclesiastical structures (Book II), the teaching munus of the Church (Book III), temporal goods (Book V), and, time permitting, penal law (Book VI). Among its goals are (1) to enhance the students’ regard for the Church by providing an understanding of the structures, processes and discipline that provide harmony and order for the Christian faithful; (2) to engender a know- ledge and respect for ecclesiastical law as a pastoral instrument and practical science that translates the Church’s teaching into reasonable norms for the members’ everyday lives; (3) to introduce the basic structures in the Church at the universal, national, diocesan and parochial levels, e.g., their general composition and functions; and (4) to familiarize the students with persons, offices and texts helpful to their own effective participation and ministries in the Church. Further, by introducing students to a significantly different juridical system and body of law from that which they study in most other courses, the course seeks to enhance their abilities to deal with legal issues arising in a distinctly different juridical context.

Although I will not habitually “call roll,” every student’s regular attendance in class is expected and required. However, each student is permitted one unexcused absence for every credit hour of the course, i.e., you may “cut” class without presenting an excuse for the absence not more than three times during this semester. Excused absences due to your own illness, serious illness or death in your immediate family, due to religious holidays or academically-related activities that require your absence are to be certified through the Academic Achievement (Scott Swanson’s) office.

Everyone is expected to be prepared for each class meeting and to participate in class actively. Preparation includes studying the canons and associated pages of the relevant text books, as well as other materials that I will distribute to you from time to time, and being ready to discuss these matters in class. If for some reason you are not so prepared, you should advise me so before class by email or in person.

In addition to distributed materials, the required text books for the course are the following: CODE OF ANNOTATED (E. Caparros, M. Thériault & J. Thorn eds. 2d ed 2004) or CODE OF CANON LAW, LATIN-ENGLISH EDITION: NEW ENGLISH TRANSLATION (Canon Law Soc’y of Anerica, 1999); JAMES A. CORIDEN, AN INTRODUCTION TO CANON LAW (1991); J ORDAN HITE, T.O.R. AND DANIEL J. WARD, O.S.B., READINGS, CASES, MATERIALS IN CANON LAW: A TEXTBOOK FOR MINISTERIAL STUDENTS (rev. ed. 1990). 2

Evaluation and grades will be determined on the basis of three short (no more than 5 pages) papers based on selected cases in HITE & WARD and a student’s performance on the final oral examination. No commentary, no outline (irrespective of authorship), and no book other than the Code of Canon Law may be brought to or used during the oral examination. There will be no limitation on textual “helps” you may use for the short papers, which will be due on the following dates: February 23 (CASE 4) March 16 (CASE 9) April 18 (CASE 15)

In addition to the texts assigned for this course, you may wish to consult the following canonical commentaries, available in the Ireland (Divinity School) Library:

I-V EXEGETICAL COMMENTARY ON THE CODE OF CANON LAW (Ángel Marzoa, Jorge Miras & Rafael Rodríguez-Ocaña eds. 2004); NEW COMMENTARY ON THE CODE OF CANON LAW (John P. Beal, James A. Coriden & Thomas J. Green eds. 2000); T HE CANON LAW SOC’Y OF GREAT BRITAIN AND IRELAND, THE CANON LAW LETTER AND SPIRIT: A PRACTICAL GUIDE TO THE CODE OF CANON LAW (1995).

Also helpful are the articles you can find in JURIST, the only American-edited journal of canon law, which you will find in both the Ireland and Law School libraries. You can find articles in English also in the Canadian STUDIA CANONICA (half in French), to be found in the Ireland Library collection.

Outline of the Course I. NATURE-HISTORY-DEVELOPMENT OF LAW IN THE CHURCH (approximately 2.5 classes): Readings: CORIDEN, 3-37; HITE & WARD, 43-74; John E. Lynch, C.S.P., Canon Law, THE NEW DICTIONARY OF 149-156 (Joseph Komonchak, Mary Collins, & Dermot A. Lane eds., 1987); Preface, in CODE OF CANON LAW ANNOTATED [hereinafter, “CCLA”] 13-29 or CODE OF CANON LAW, LATIN- ENGLISH EDITION: NEW ENGLISH TRANSLATION [hereinafter, “CCL-LE”] xxxiii-xliii.

II. REVISION PROCESS-GUIDING PRINCIPLES (approximately 1.5 classes): Readings: CORIDEN, 38-44; HITE & WARD, 17-29, 75-79, 84-98; Vatican Council II, Dogmatic constitution on the Church , Nov. 21, 1964, 57 AAS 5-67 (1965); on the pastoral ministry of bishops , Oct. 28, 1965, 58 AAS 673-696; John Paul II, ap. const. Sacræ disciplinæ leges, Jan. 25, 1983, 75 AAS VII-XIV (1983), reprinted in CCLA 3-11 or CCL-LE xxvii- xxxii; Bertram F. Griffin, Interpretation and Implementation of the Revised Code of Canon Law, 20/2 THE LIVING LIGHT 103 (Jan. 1984).

III. THE & ITS GENERAL NORMS (BOOK I) (approximately 2.5 classes): Readings: Canons 1-203; CORIDEN, 155-171; Francis G. Morrisey, O.M.I., DECIMO ANNO... On the Tenth Anniversary of the CODE OF CANON LAW, 28 STUDIA CANONICA 99 (1994).

IV. THE PEOPLE OF GOD: RIGHTS & OBLIGATIONS OF THE CHRISTIAN FAITHFUL (BOOK II) (approximately 3 classes): Readings: Canons 204-329; CORIDEN, 57-70; HITE & WARD, 168-187, 323-335. 3

V. THE HIERARCHICAL CONSTITUTION OF THE CHURCH (BOOK II) (approximately 6 classes): Readings: Canons 330-572; CORIDEN, 71-98; HITE & WARD, 188-228; Bertram F. Griffin, Diocesan Church Structures, CODE, COMMUNITY, MINISTRY: SELECTED STUDIES FOR THE MINISTER INTRODUCING THE CODE OF CANON LAW 46 (E. G. Pfnausch ed., 2d rev. ed. 1992); Instruction on Certain Questions regarding the Collaboration of the Non-Ordained Faithful in the Sacred Ministry of Priest, August 15, 1997, 89 AAS 876 (1998); John Paul II, m.p. Apostolos Suos, May 21, 1998, 90 AAS 641(1998).

VI. THE TEACHING FUNCTION OF THE CHURCH (BOOK III) (approximately 2.5 classes): Readings: Canons 747-833; CORIDEN, 107-118; The Teaching Ministry of the Church — A Commentary, 20/2 THE LIVING LIGHT 119 (January 1984); HITE & WARD, 337-368; B. Cole, O.P. & J. Fox, O.P., The Homily: A Priestly Act of Worship, 46 PRIEST 32 (Oct. 1990); John Paul II, ap. const. Ex corde Ecclesiæ, August 15, 1990, 82 AAS 1475-1509 (1990); m.p. , May 28, 1988, 90 AAS 457-61 (1998); D. R. Whitt, O.P., “What We Have Here Is a Failure to Communicate”: The Mind of the Legislator in EX CORDE ECCLESIÆ, 25 J.C. & U.L. 769; James H. Provost, Safeguarding the faith, 179 AMERICA 8 (Aug 1-8, 1998).

VII. THE TEMPORAL GOODS OF THE CHURCH (BOOK V) (approximately 2 classes): Readings: Canons 1254-1310; CORIDEN, 173-179; HITE & WARD, 408-418; Robert L. Kealy, Methods of Diocesan Incorporation, 1986 CLSA PROCEEDINGS 163; Francis G. Morrisey, O.M.I., Ordinary and Extraordinary Administration: Canon 1277, 48 JURIST 709 (1988).

VIII. SANCTIONS IN THE CHURCH (BOOK VI) (approximately 1 class): Readings: Canons 1311-1399; CORIDEN, 181-189; HITE & WARD, 422-440; USCCB, Charter for the Protection of Children and Young People (June 2002), and Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priests or Deacons (Nov./Dec/ 2002); others TBA.

IX. EXAMINATION to be announced