sign in sign up
<<
Home , Economy (religion)

The Catholic Lawyer

Volume 17 Number 2 Volume 17, Spring 1971, Number 2 Article 3

Oeconomia: A Corrective to Law

George A. Maloney, S.J.

Follow this and additional works at: https://scholarship.law.stjohns.edu/tcl

Part of the Catholic Studies Commons, and the Religion Law Commons

This Article is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in The Catholic Lawyer by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. OECONOMIA: A CORRECTIVE TO LAW

GEORGE A. MALONEY, S.J.*

Prologue** W HEN THE COMMITTEE on this Regional meeting went to get a pro- gram, they felt that they should try to get something useful, some- thing large, not a marginal issue. Having gone over several possible topics, they looked into a situation where the orthodox churches and ourselves have had a long history of divergence. It was the question of divorce, rather, the question of admitting a person back to the Sacra- ments after a divorce and remarriage. Now, this is based upon a prin- ciple very familiar to the orthodox called Oeconomia. We looked for somebody who would be able to explain this because it has a long history. It refers to the Old Testament, it has a biblical basis and it has practically all of the variations of the Latin word "dispensatio". But the Latin Church, in regard to marriage, has not allowed it. Now, looking for somebody competent to review this whole question, its theological principles, its history, we were fortunate to find here in New York, Father George A. Maloney. He is the Director of what will be the Rus- sian Institute in New York, a program for a Masters Degree in Russian studies over the summer time conducted at the John XXIII Russian Cen- ter. He has been there since 1951. He himself is a graduate of the Pontifical Institute for Oriental Studies, has been at this work a long

* B.A., St. Louis, 1948; PH.L., St. Louis, 1951; S.T.L., Gregorianum, Rome, 1958; S.E.O.D., Doctor Scientiarum Ecclesiarium Orientalium, Pontifical Oriental Institute, Rome, 1962. Associate Professor of Patristic since 1963 at Fordham University; Founder and Editor of DLuKONIA, quarterly to promote ecumenical dialogue between Catholics and Orthodox; Director of the John XXIII Institute for Eastern Christian Studies; member of the American Catholic Bishops' commission of theologians in the bi-laterals with the Orthodox; member of the New York Archdiocesan Ecumenical Commission. ** Prologue by Francis J. Glimm, Professor of History at the Seminary of the , Huntington, New York. 90 OECONOMIA time, is very familiar with the Greek and reason for my citing this interview is Russian Church. We understand this is a mainly to show that Cardinal Wright controversial topic. We understand it is not seems to approach the problem of divorce part of the Latin tradition and in fact we and remarriage solely from an annulment have a kind of tendency to feel that it is viewpoint. This seems to indicate if he is not entirely legitimate. But, it does offer a typical Roman Catholic churchman, that a very great opening and it may be, with- his mind (and that of the Church) is out displacing anything that we have, that pretty well settled on the fundamental it will be a solution, as he says, a correc- principle that all validly contracted mar- tive to some difficulties in our own riages between Catholics are absolutely in- Law System. dissoluble. That is to say, those that are validly contracted between Catholics and In an interview published in the U.S. consummated. Which seems to indicate News & World Report, September, 1970, that our theology of marriage has been Cardinal John Wright, head of the Vati- developed around a canonical rule of thumb can's Congregation for the , stated for validity of marriages. When Pope Alex- that with "new knowledge of psychiatry ander III introduced the new juridical cate- and psychology," the may gory of sexual intercourse, added to that eventually broaden its present attitude on of mutual consent, as the two extrinsic cri- divorce and remarriage. The 61-year-old teria determining an absolutely indissoluble Cardinal went on to say: "Now there is marriage, then in the I 3th century, our a considerable movement within the theology of marriage became canonical and Church ... to see if perhaps with our new limited. The only way to move was then knowledge of psychiatry and psychology of in a legal way: backwards towards the con- what makes the human tick, there may be ditions that either made the mutual consent people who go through the marriage con- a valid contract or not. tract-or, for that matter, the priestly or- dination ceremony-unfit to do so. It is Ideally a well-rounded approach to in this area that one might look for an marriage should flow from a rich scrip- eventual broadening of the attitude of the tural theology added to solid pastoral Church. That is to say, we may come to norms flowing likewise from that scriptural see that some marriages really were not theology that would be further formulated valid from the beginning-because of the in canonical practices which would reflect immaturity of the people who were mar- not only the justice of God's law but also ried, because of their lack of freedom in His infinite plan of mercy to draw all men any full sense or because of their incapac- from sin and error into His shared Divine ity for marriage." Life of grace by means of His Church. It Besides a real plug that the Church seems to me that we are now in the might change its present attitude on di- Church's history at the level of pressing vorce and remarriage through new knowl- for needed changes on the pastoral level edge from psychiatry and psychology (we concerning marriage and remarriage which call Cardinal Krol's attention to this!), the hopefully will result in a change of canon- 17 CATHOLIC LAWYER, SPRING 1971 ical practices. This paper is not to show Jesus in the face of human weaknesses. My patristically that the Church earlier granted conclusion will be a plea for theologians divorces and hence the Church can today and canonists to explore possible applica- do the same. It is an exploratory attempt tions of this corrective to the strict laws to broaden the theological basis for future of the Church, especially in the area of pastoral and canonical practices. In the Christian marriage. Church of the first millenium and con- Etymologically oikonomia comes from tinued today in the Eastern Orthodox the Greek word nemo (dividere-adminis- Churches as well as in the Oriental Or- trare)-(Brys, De dispensationis ecclesias- thodox Churches (the Monophysite and ticae notione)-oikos, referring to the Nestorian Churches) the principle of oe- family or household and nomos, the cre- conomia served as a corrective to ecclesi- ative, sustaining, regulative principle that astical and civil law. It is this principle is necessary for the good management of that I would like to propose, first in gen- any household or undertaking. eral, and hence I am not in the beginning concerned solely with marriage and di- The Church is the extension of the mind vorce in order to broaden our basis to see of Christ and His powerful operations the role of the Church as the extension of upon us humans in an attempt to divinize the infinitely merciful Savior in time and us and make us by the power of His Holy space. Before one can understand any par- Spirit, sons of God and co-heirs with Him ticular application of ecclesiastical econ- of forever. We cannot, however, omy, there must be a wider understanding understand ecclesiastical economy, a term of the divine economy. of accommodating Church laws and disci- plines to adjust to the human situation for the good of souls, without grounding it Formal Presentation solidly in the divine economy. I would like to develop firstly the broad We see the divine economy spoken of in meaning etymologically of the term oiko- Holy Scripture in four passages of St. nomia, or economy, distinguishing between Paul: Ephes. 1:10; 3:9; Col. 1:25 and I divine and ecclesiastical economy. These Tim. 1:4.1 In these citations, Paul applies meanings I will try to present as rooted in the term economy to the work proper to Scripture and the patristic literature. Then God in unifying the whole world into one I would like to present the more specific eternal plan. Again aspects of ecclesiastical economy as prac- Paul speaks of the ministers and the members of the Church tised in the Eastern Churches and more through whom the divine economy is ful- concretely in the Orthodox Churches of filled. Here we see the nexus between the our more recent times. After pointing out divine and ecclesiastical economy. And a few examples of economy as practised in the Catholic Church, I will discuss mar- riage and divorce as the Orthodox apply 1 Cf. D. STANILOAE: The Economy of economy as a principle about law ex- and Ecclesiastical Economia Diakonia Vol. 116- pressing the infinite mercy of 122 (1970). OECONOMIA lastly, Paul spells out this relation between finite philantropia, His love for mankind. God's eternal plan and the ecclesiastical It is the supreme operation of the Law of fulfillment of that historical space and time God's will in which justice and love are in in assigning a primary role of importance perfect unity. to the Apostles and after them to the In what I consider to be the most bal- Church's hierarchy. anced work written by an Orthodox on 3 The early Fathers also develop the idea the principle of economy, Dr. Hamilcar of divine economy from which would flow Alivizatos divides the term oikonomia as in their thinking the application of ecclesi- used in Orthodox theology into three basic astical economy.2 They understand the meanings: the divine economy as based on term to apply basically to the Incarnation the Incarnation of the Divine Son for the of the Son of God and all that He had salvation of the world and its continued done and suffered through His kenosis of application by the Holy Spirit through His the Incarnation in order to save us. It also Church; the economy of the Word and the in a broader sense embraces all of God's whose charge has been given divine revelation, which is God's giving of to the Apostles and their successors, and finally and more Himself to mankind, culminating in the restrictively, the regula- Incarnation of Christ. Finally, the Fathers tion of ecclesiastical life and order accord- ing to use the divine economy to refer to the the circumstances and needs of a particular work of fulfilling all things in Christ, the time and place. recapitulation or anakephalaiosis of all Here precisely economy is seen as an men in Christ, a work that is carried out accommodating principle that allows a de- in a visible manner through the Church viation from the strict observance of an but also that is effected by the hidden work established ecclesiastical order without of Christ beyond the visible lines of the destroying that order. This latter interests Church's operations. us in this paper.

God gives Himself, fulfilling His eternal The basis for such an accommodating plan of mankind's salvation in history. He principle is found in effect, as St. John must be intrinsically bound up with the conditions of the history process; He meets men in their existential situation in a world 0IKONOMIA KATA KANONIKOU DiKAIOU TES ORTHODOXOU EKKLESIAS (Athens, 1949). He that is groaning in travail. He consents in had written an earlier work specifically on the va- His humble and loving condescension-sun- lidity of Anglican orders: To KUROS TES HIERO- katabasis-to appear as the loving and SINES TES ANGLIKANIKES EKKLESIAS (Athens, 1940). I. Kotsonis, the present Archbishop of merciful Lord in the circumstances brought Athens, has written several authoritative works about by human free will. also on economy: PROVLEMATA TES EKKLESIAS- TIKES OIKONOMIAS (Athens, 1957); E. KANONIKE Economy, therefore, touches God's in- APOPSIS PERI EPIKOINONIAS META TON HETERO- DOXON (Athens, 1957); Validity of the Anglican Orders according to the of the Orthodox Church, GREEK ORTHODOx THEOLOGI- 2 Id. at 123-125; Vol. 5,3, (1970), 218-231. CAL REVIEW (1958). 17 CATHOLIC LAWYER, SPRING 197.1

Chrysostom comments on Acts 2,23, in the the second that recog- early Christian community. Christ Himself nized the validity of by heretics, showed that the law did not constitute an especially the Asians. Thus economy be- end in itself. He frequently healed on the came a working principle in order that the Sabbath (Mark 3:1-5; John 5:1-17; John Church could properly exercise its steward- 7:23 etc.). "The Sabbath was made for ship. St. Basil is the first who explicitly the good of man; man was not made for has recourse to the principle of economy the Sabbath" (Mark 3:25-27). He ex- as an already established procedure against horted us to practise mercy in the parable certain existing procedures. He accepts the of the unforgiving servant: "You should Baptism of the schismatic Cathari and the have had mercy on your fellow servant, Encratites even though Cyprian and Fir- just as I have had mercy on you" (Matt. milian and other earlier Fathers rejected 18:33). Thus, in the 1st Council of Jeru- their sacraments. His reason is "oikonomias salem St. James applies economy to the eneka ton poll6n," "by condescension on Gentiles. behalf or for the sake of many." He con- sidered it the duty of the Church to act as "It is my opinion that we should not Christ would act towards the lost sheep trouble the Gentiles who are turning to to show mercy to the sinner for whom Christ God" (Acts 10, 19-20). Paul allows a and His Church want health and not death. believer to remarry if the first unbelieving partner will not permit the other spouse the If this concept of the teaching Church free practice of the Christian faith (I Cor. regarding economy is not found in any au- 7,15). thorized laws or canons of the Church, it is nonetheless The early Church applied the principle appealed to as a working principle by official synodal of economy to the validity of a Baptism decisions by which non-Orthodox not by water but by blood. The "lapsi" were accepted or re- jected into were received back into the Church through without reiteration of the sacraments. The thesis of economy against the stricter opinion that the power that the Church possesses to validate maintained that apostates had been cut off non- Orthodox sacraments is generally forever from the Christian community. The accepted, but the nature thorny problem about the validity of the of this power (economy) has not Baptism of heretics vexed the early been clarified. Church and tore it into two factions. Economy is not however a carte blanche Cyprian and Firmilian favored the ancient at the Church's disposition to be used as practice of Asia Minor and insisted on the the Church wishes, especially in extreme invalidity of Sacraments administered by difficulties or embarrassing situations. Its heretics because of a doctrinal corruption usage is limited by the fundamental rules while the West, including the pope of of faith which the Church cannot violate Rome, held to a validity, provided the through excessive liberalism or indifference Trinitarian formula and right belief in that or excessive rigorism. Alivizatos gives fundamental doctrine were maintained by three reasons for permitting economy: the the heretics. This policy was confirmed in salvation of men; the good order of the OECONOMIA

Church, e.g. among the Orthodox in the The indissolubility of marriage must be U.S.A. today, earlier conciliar canons are maintained until a canonical investigation violated that insist on only one bishop in can determine that a first marriage no one diocese; and to avoid scandal. longer is a living sign of Christ loving His The measure of economy will be greater Church. Validation of orders through econ- in dealing with new sheep coming into the omy requires at least Church in regard to the validity of their and preferably also a cononically correct Baptism than in recognizing the validity administration of that . of ordinations conferred illegitimately out- Economy, contrary to the opinion of side of the Church. Greek theologian, K. Dyovouniotis, 4 does The Gospel must not become an un- not allow the Church to make valid sacra- necessary burden to anyone (cf. Acts XXI, ments invalid or vice versa. It is a Christ- 20-26). Economy is used wherever a strict given power to His Church that recognizes application of the law would put in peril uncanonical sacraments as now canonical. the essential aim of the Church, i.e., the The Church recognizes the sacraments as salvation of souls according to the spirit operative or non-operative of Christ's of the Gospel. In its essence economy is grace. the pardon through the Church of faults Economy is not totally a dispensation committed by children of the Church or in the Roman sense.' One application of those outside the Church who wish to re- turn to the Church in order to facilitate a

restoration to full Christian life. We will 4 Cf. K. DyovoUNlOTIS: PER[ T1S KENOSIS TES point out the realistic but merciful par- ANGLIKANIKES EKKLESIAS META TES ORTHO- don of the Church of both the East and DOXOU KAI TOU KUROUS TON ANGLIKANIKON the West of the first millenium and now CHEIROTONION (Athens, 1932) at 24, n.4; also, K. DYOVOUNIOTIS: The Principle of Economy, of the Orthodox Churches of our own cxiv CHURCH QUARTERLY REVIEW, 94 (1933). times of those who have married a second 5 In ancient classical Latin, dispensatio meant time. A rigorist position as maintained by to weigh out the metal money, aes pensare. It referred to the office of one who weighs the the Roman Church would forgive all sins, money, the dispensator is the servant of the even murder, and thus allow the sinner to treasury whose duty is to dispense the money. be restored to the full Christian sacramen- It referred to the act by which one paid the expenses of domestic administration. The Greek tal life, except in the case of divorce. An word, oikonomia, or oikonoinein, was used by the unforgiveable sin has been committed and Councils of Antioch and Chalcedon in a similar the salvation of souls is in danger unless way to translate the Latin concept of dispensare economy be applied. in the classical sense. In administration of the Church's order it was seen necessary in certain There are some limits to the exercise circLmstances to have some with a suspension more or less complete of the existing of economy. These are firstly the funda- law. Thus a more technical sense was attached mental principles of dogma and of Chris- to the word through Church usage. Canonically tian morality. The Church cannot give it was the act by which the legislator exempts rights to Holy Communion to a heretic someone from the observance of a law in a particular circumstance while the law remains who denies the doctrine of the Eucharist. in force. It is distinct from privilege or from 17 CATHOLIC LAWYER, SPRING 1971 economy is proleptic and is similar to a dis- ness of the law returns. Each act of econ- pensation that is obtained before the ad- omy stands by itself. No precedents can ministration of a sacrament. The other ap- bind any decision. It is an application of plication is retroactive where the Church dogma and church teaching to living cir- does not effect a valid or invalid sacra- cumstances; above all, it should be con- ment but rather recognizes the free flow sidered as a principle about law whereby of grace. the existing strictness of the law is applied with accommodation to the human exis- Who has the power to exercise econ- tential situation of man in sin, in his not- omy? Ecumenical as the supreme yet condition as viator, frail and sinful. It authority in the Church have the right to is cognitive, not preceptive or normative. adapt or change the ancient canons. Re- gional synods of bishops can decide the complex matter of recognizing the ordina- Examples of Economy as Practised in tion of a heterodox bishop in their area. the Catholic Church A local bishop generally can handle such Sanatio in radice is an example of econ- matters as recognizing a marriage within omy whereby a pontificial act revalidates forbidden degrees of consanguinity or an a marriage that was null and produces a ordination performed by an Orthodox retrocative effect back to the moment when bishop acting in another diocese with the it was first accomplished by the exchange permission of the local bishop. Nothing of consent in marriage. The Church acts has been juridically codified even though as it would have acted had it given pro- there have come down some procedures leptically the dispensation which was given through church practice. If, granted that only later. In the area of marriage-divorce there be no denial of revealed doctrine, we have the Pauline Privilege that has economy is exercised; when the particular come down to Roman practice from the occasion has passed, akriveia or the strict- 4th century interpretation of St. Paul by Ambrosiaster. Other examples are: the dissolution of non-consummated unions . Privilege replaces common law by a particular law, while dispensation does not from the 11th century for solemn religious suppress any law and allows a momentary sus- profession; non-consummated marriages pension for a particular case. Absolution looks by papal dispensation from Pope Martin V to the past and loosens from the punishment in- curred while dispensation concerns especially (1417-1431); non-sacramental marriages the future. One well-known dispensation in Ro- annulled by papal dispensation from the man Church law is the sanatio in radice whereby 1 6th century; marriage between a baptized a pontifical act revalidates a marriage that was Christian and non-baptized null and produces a retroactive effect back to without dis- the moment when it was first accomplished by pensation of disparity of cult from 1924; the exchange of consent in marriage. The from 1958, Pius XII dissolved a marriage Church acts as it would have acted had it given of two non-baptized persons with no sub- proleptically the dispensation which was given only later. There is no need to renew a consent sequent Baptism involved. which is a dispensation of positive law. It carries with it the legitimatization of children born Much is being written as you well before the fictio juris was effected. know about this basic problem: does in- OECONOMIA trinsic and extrinsic indissolubility of First, I would like to apply this principle sacramental marriages preclude the possi- of economy to the Orthodox view of mar- bility of a dissolution?'; Put into the con- riage and divorce. We remember that no text of this paper we could ask: does such council or pope has ever condemned the indissolubility of sacramental marriages practice among the Orthodox from earliest preclude the principle of economy to at times to the present of allowing divorce least reconcile and bless second marriages? and remarriage in the case of adultery. In I do not wish here to review the literature the Council of Florence when the Greeks on the powers of the Church in regard to were questioned on this point in the pres- indissolubility. I would merely like to ence of Pope Eugene IV, they replied that apply all that has been said so far about this was in conformity with the Gospel and the principle of economy to this thorny the teaching of the Eastern Fathers. There problem of marriage-divorce and ask some was no further discussion on this point hard questions. and it was not deemed an obstacle to re- union.7 Even earlier in the Council of

6 Some of the literature include the following Lyons II (1274) the Greek practice of works: V. POSPOSHIL: DIVORCE AND REMAR- divorce and remarriage had not even been RIAGE (New York, 1967); J. Bernhard: A propos raised and hence apparently was not even de 1'indissolubilite du mariage chrtien, REVUE considered an obstacle to reunion of the DES SCIENCES RELIGIlEUSES, 243-256 (1970); A propos de I'hypothese concernant la notion de East and the West. In the Council of consummation existentielle du mariage, REVUE Trent the delegates to the Council from DE DROIT CANONIQUE, 184-192 (1970): Reinter- Venice explained that both the Greek Or- pretation (Existentielle et dans la Foi) de la Legislation canonique concernant l'lndissolubi- thodox and Uniates had different practices litj du Mariage chretien, REVUE DE DROIT regarding divorce and hence asked the Fa- CANONIQUE, 243-277 (1970); P. Huizing, L'in- thers of the Council not to condemn the dissolubilite du mariage dans le Droit canonique, practice of the Greeks. Canon 7 (D.977) 38 CONCILIUM, 45-56 (1968); Win. W. Bassett, Divorce and Remarriage-The Catholic Search was not a de fide definition on the indis- for a Pastoral Reconciliation, Part I, THE solubility of marriage but rather a con- AMERICAN ECCLESIASTICAL REVIEW, 20-36 demnation of those as heretics who hold (1970). U. Navarrete, S.J., Indissolubilitas ma- trimnonii rati et consummnati. Opiniones recen- that the Church is in error when it teaches tiores et observationes, PERIODICA, 1/1111/69, that the bond of matrimony cannot be 415-489; P. Fransen, Divorce on the Ground of dissolved. Adultery-The Council of Trent (1583), CON- CILIUM (London, 1970) V, 6; 5, 89-100; Lewis Let us look at the development of the P. Patsavos, Tile Orthodox Position on Divorce, Orthodox DIAKONIA (N.Y.) 4-15 (1970); J.G. Ger- position in regard to divorce and hartz, S.J., L'indissolubilite du mariage et sa remarriage through the use of economy. dissolution par l'Eglise dan la problematique Dr. John T. Noonan, Jr. has shown that actuelle, LE LIEN MATRIMONIAL, Annuaire de from Constantine to Justin II there was in Cerdic 1970 (Strasbourg) at 198-234; V.J. Pos- pishil, The Eastern Churches and the Question Roman divorce law no assertion that mar- of Remarriage of Divorced Catholics, DIA- KONIA (N.Y. 1966). L. de Naurois, Le prob- leme de la dissolution du mariage par l'Eglise, NOUVELLE REVUE THEOLOQUE, T., 50-77 (1971). 7 Pospishil, supra note 6. 17 CATHOLIC LAWYER, SPRING 1971 riage was indissoluble or irrevocable by the Council of Carthage, for example, as the law of God, nature or man; no asser- a condemnation of consensual divorce, tion that a valid first marriage was any not of divorce for the approved legal barrier to a valid second marriage.8 Novel causes determined by judicial decision. He 22 of Justinian's Code reads: "Of those goes on to assign to the Fathers a peda- things which occur among men, whatever gogic rather than a judicial role in preach- is bound is soluble." Are we justified in ing to the masses who were quite seeing such an attitude to Christian mar- entrenched still in paganism to a Christian riage by a Christian emperor and theologian ideal of marriage. We definitely see a rudi- as totally depraved and the introduction of mentary awareness of the holiness of a laxity into marriage legislation that op- marriage slowly permeating the masses of posed the Gospel spirit? Noonan thinks Christians that would evolve to a full af- not; and the whole Orthodox Church firmation of its sacramentality only in the thinks not in its habitual use of the prin- 13th century. ciple of economy in regard to marriage. One important point about Noonan's Father Anthony J. Bevilacqua of the work with Justinian law, I have found, is Brooklyn Chancery and Henri Crouzel his accent on the fact that no church coun- have developed the thinking of the Fathers cil or group of Fathers of the Church ever in regard to indissolubility.9 There can be denounced these imperial laws as contrary shown a significant number of early to . Bishops were involved in ecclesiastical writers, especially in the West the operation of the divorce laws in trying such as Ambrose and Augustine and in the to reconcile the parties. Justinian appealed North African Councils, who opposed the to the "defenders of the Church" not to civil law and strongly preached the in- grant divorces but to confirm the existence dissolubility of marriage. of a marriage. Noonan points out that Josef Zhishman, the noted historian of nowhere is there a consciousness of conflict Oriental canon law, warns us not to make between the civil law and the canons of broad assumptions taken from the state- the Church. It would be naive to suppose ments of the Fathers and the early coun- that the were merely tol- 10 cils. Zhishman interprets the canons of erating a moral evil perpetrated by civil administrators. Would it not be truer to 8 John T. Noonan, Jr., Novel 22, THE BOND OF find in Justinian's legislation a valid testi- MATRIMONY, 41-96 (1968). mony of the belief of a great part of 9 The History of the Indissolubility of Marriage, Christianity? Justinian was a serious Chris- 22 PROCEEDINGS OF THE CATHOLIC THEOLOGICAL SOCIETY OF AMERICA, 253-308. H. Crouzel, Sep- tian, well-educated theologian and must aration et remariage selon les Peres anciens, 47 have sought advice from his ecclesiastical GREGORIANUM, 472-94 (1966); Remarriage af- leaders to draw up civil laws that would ter Divorce in the Primitive Church: A Propos of a Recent Book, IRISH THEOL. QUARTERLY, 21- not contradict Christianity. Had he so com- 41 (1971). pletely misinterpreted Christianity's teach- 10 DAs EHERECHT DER ORIENTALISCHEN KIRCHE ing on divorce and remarriage, he would (Vienna, 1864), cited by Noonan, supra note 8, at 92. have met with tremendous opposition from OECONOMIA the Church and yet we find no protest from a contradiction in terms." It is not a reality the Church concerning Novel 22. Some belonging to the being of the Church as Fathers, on the contrary, mentioned the one and holy. Divorce relates to the condi- legislation such as St. Epiphanius of Cyprus tions of the terrestrial existence of the who taught in harmony with this law: "He Church as a consequence of the old who cannot keep continence after the death in his fallen nature. If the Church is led of the first wife or who has separated from to tolerate divorce, it is because of the his wife for a valid motive as fornication, "not-yet" of its terrestrial existence. Di- adultery or another misdeed, if he takes vorce cannot be authorized by Church another wife, or if the wife takes a hus- law; otherwise one entering upon marriage band the divine word does not condemn would have this in mind. This would be a him nor exclude him from the Church or sacrilege. Nevertheless, the principle of the life; but she tolerates it rather on ac- economy is applied to the pastoral area count of his weakness."" where good pastoral guidelines take into consideration the human weakness of any It is important to note that the Western given person encountering difficulty in ob- Penitentials from the 7th to the 10th cen- serving the ideal of indissolubility of mar- tury reflect similar legislation. A close riage as proposed by the Gospel and the study of these Penitentials reveals a pas- Church with unanimity throughout the toral practice of allowing divorce and re- ages. marriage for mutual consent, change in personal status, captivity, infirmity, adul- After the 10th century when the Byzan- tery, abandonment and into re- tine emperors gave to the Church the legal 2 ligious life.1 monopoly of registering and validating all marriages, the Church was obliged to issue The Church's teaching was faithful to statements of divorce. But this, it must be the ideal set by Jesus Christ in the Gospel: noted, was done generally in conformity the first and only marriage was blessed in with the civil legislation of the Empire. the Church during the Eucharist. Second Under the Moslems, the Ecumenical and third marriages, either after widow- Patriarch was considered before the Phanar hood or after divorce, were concluded at a as the civil authority and hence again the civil ceremony, after both had performed Church became the means of carrying out penance. The Church considered divorce what the civil legislation had already en- a grave sin. An ecclesiastical divorce was acted as a necessary corrective in a Chris- 1 4 tian context to the weaknesses of men.

I' St. Epiphanius, Against Heresies, 69, PG. 41, 1024C-1025A. 12 Poenitentiale Theodori, II, 12, 7; Capitula 33 Cf. Elia Melia, Le lien matrimonial a la lu- Dacheriana, 158; Poenitentiale Theodori, II, 13, miere da la theologie sacramentaire et de la 4, 5; Poenitentiale Alvendense, 75; Poenitentiale theologie morale de l'Eglise Orthodoxe, LE Theodori, II, 12, 12; Capitula Dacheriana, 163; LIEN MATRIMONIAL, 180-197 (1970). Confessionale Pseudo Egberti, 19; Poenitentiale 14 Cf. J. MEYENDORFF, MARRIAGE: AN ORTHO- Theodori, II, 12, 19; T, 14, 7. Cf. also on this DOX PERSPECTIVE (1970) and A. Schmemann, subject Posposhil, supra note 6, at 196-200. The Indissolubility of Marriage: The Theological 17 CATHOLIC LAWYER, SPRING 1971

Father A. Schmemann gives the Eastern in declared absence of one partner; in the Christian view when he writes in regard case of impotence if this existed since the to the Church's attitude toward divorce celebration of marriage and has lasted and remarriage: "The whole point there- three years and continues to exist at the fore is that this is not a 'compromise' but moment of petition.' 6 the very antinomy of the Church's life in The present procedure for obtaining a this world. The marriage is indissoluble, divorce in Greece consists of three phases. yet it is being dissolved all the time by sin At first the local bishop meets with the and ignorance, passion and selfishness, lack two partners in an attempt to reconcile of faith and lack of love. Yes, the Church them. If he fails, the two partners then acknowledges the divorce, but she does not appear before the civil tribunal. When the divorce! She only acknowledges that here, court has granted them the divorce, the in this concrete situation, this marriage has bishop declares the spiritual dissolution of been broken, has come to an end, and in 17 the marriage. her compassion she gives permission to the 5 innocent party to marry again."' This is the practice that the Holy See From the exceptive clause in Matthew's has respected as a legitimate ecclesiastical Gospel (Mt. 19:9; 5:32) the Eastern procedure in regard to the Orthodox in Churches argued to other human weak- past councils of reunion of Lyons II and nesses that rendered a marriage an ineffec- Florence and evidently in the Council of tual, therefore dead, sign of Christ's great Trent. In Vatican II it indirectly seems love for His spouse, the Church. The civil to sanction this practice in its decree on code of Greece today grants a divorce for Ecumenism: "From the earliest times, adultery or bigamy, malicious abandon- moreover, the Eastern Churches followed ment for two years of the other partner; their own disciplines, sanctioned by the an attempt on the life by the other; in the Holy Fathers, by synods, even ecumenical case where conjugal relationship has been Councils. Far from being an obstacle to violently strained through the fault of one the Church's unity, such diversity of cus- to such a point that maintaining of con- toms and observances only adds to her jugal life in common becomes reasonably comeliness and contributes greatly to unsupportable for the one petitioning the carrying out her mission, as has already .. ." this not a divorce; when one has brought a mental been recalled (#16). Is alienation to such a degree that a com- move towards an acceptance of the princi- the Fathers of the munion of minds has been suppressed and ple of economy when Churches on the condition that the demented party Council declare that the Eastern themselves according to their had suffered this for at least four years are to rule "since these are better during the marriage; in the case of leprosy; own disciplines, suited to the temperament of their faithful

Tradition of the East, THE BOND OF MATRI- MONY, 97-116. 16 Cf. 4 DIAKONIA, 80 (1969). 15 Id. at 104. 17 Id. at 79. OECONOMIA and better adapted to foster the good of range commitment to another person or souls," (#16). Pope Pius XII invalidated way of life most difficult. The psychologi- a marriage in 1958 between two un-bap- cal and spiritual immaturity of the young tized persons for the same reason: "the entering into marriage demands an adapta- salvation of souls." tion of the Church's law on marriage to the existential situations in which so many If Rome does so much for non-Chris- Christians live today that have pitted tians in order that they may enter marriage them against the Church of Christ. Jacques with a Christian, if Rome has always Ellul in his book "The Theological Foun- recognized the Orthodox procedure of dation of Law" states what I would hold the principle of economy in al- practicing out to you canonists and theologians as the civil divorce and remarriage with lowing most important task of our age. "Our task, full restoration to the sacramental life, can therefore, is not to determine what law it not do as much for Roman Catholics? with a Christian content is; rather, it is If the Catholic Church can bestow the to find out what the lordship of Jesus mercy of Jesus Christ upon any sinner for Christ means for law (law as it exists) and any crime committed, why can it not begin what function God has assigned to law.""' to extend the infinite mercy of Jesus Christ to those poor sinners who have made an The doctrine of the indissolubility of unsuccessful marriage? Yet millions of marriage represents as an ideal a develop- such Catholics are deprived of the sacra- ment in the faith-vision of Christianity as Christ surely taught. ments because of one false move that the the Founder, Jesus Church considers unforgivable to the ex- The Church must continue to preach this tent that such sinners cannot be reconciled ideal so that as many as enter into this fully to the spouse of Christ and be fed sacred bond of self-giving as Christ gives with the Bread of life. Himself to His Church may develop as full Christians and synonymously as full It is not a question of the Church being human beings. But is it not time to recog- torn between its imperative by Christ to nize, in the ancient Church and in the con- preach incessantly the indissolubility of tinuance of that ancient tradition in the marriage and its duty to pass judgment on Orthodox Churches today, also the mind of the validity or invalidity of marriages. It is Christ in giving us the principle of econ- a question of a merciful Church recogniz- omy whereby, not by another legislation by ing (and not necessarily always distrusting law, but by the charism of the Holy Spirit and rejecting) the duty of the state to re- given to the Church, the clergy and hier- solve for the common good certain matri- archy, the shepherds will seek to temper monial situations that, if left unresolved the strictness of the law with the mercy will cause greater damage to the children and condescension of the principle of and the partners involved and hence to the economy? The Church has the power to society that the state must primarily legis- late to protect. This mercy sees the need

for greater pastoral adaptation to the new 18 J. ELLUL, THE THEOLOGICAL FOUNDATION OF forces in society that tend to make a long LAW, 13 (1969). 17 CATHOLIC LAWYER, SPRING 1971 forgive with Christ's . It has not will go out of the window. Does anyone the power to grant divorces; but it has the have any statistics on that? power to recognize by the Spirit, the bond REV. GEORGE A. MALONEY: Maybe Msgr. of love and its sacramental absence where Pospishil could add something. He has re- a marriage has ceased to be a true sacra- searched this. mental sign, not only signifying but also effecting what it signifies, the self-giving REV. MSGR. VICTOR J. POSPISHIL: I once of Christ to His beloved spouse. The asked the Greek Archdiocese, which handles all divorces centrally, and there are Church has the power to apply the love of three or four hundred divorces in this God and that love of God all-too often country. Which is the reason why proba- comes to us children of Adam as mercy. bly, many who had a divorce or were I think the Church has the power to exer- estranged from the Church simply entered cise this mercy in a court of equity set up a Protestant or a civil marriage. But a more important thing is the question in each parish or diocese to not invalidate whether a change in the divorce law, say marriages or grant divorces but to pass of the Catholic Church, would then stim- merciful judgment on those who can be ulate people to sooner get a divorce. I readmitted to the Church's life-giving would deny that. The reason is that when sacraments. If the Church has not this people in a marriage break up, they are, power or rather diakonia, a service in love not only against each other, but against the institution of marriage. So if, as you to the weak, then it has ceased to be what might normally do, you suggest to one or Christ wanted it to be, the extension of the other, "Now don't worry you will get His redemptive love and mercy unto every another wife or husband," they'd say, human being made by God according to "Don't even mention it." Since marriage the image and likeness of God. breakup is not for people in the Church (even a civil divorce can be permissible to protect certain rights) therefore, generally QUESTIONS AND ANSWERS: speaking, I think whether legislation is per- missible or not, this will not influence the REV. CHESTER A. MELOCH: I have a couple rate of marriage breakup. I want to men- of questions which I have discussed with tion also that we cannot find much from Fr. Maloney, but I would like to bring to the Orthodox Church because they are liv- the attention of everyone. First of all, look- ing in a different societal structure. They ing at the incidents of divorce in the Ortho- are mostly agricultural countries. Therefore dox Churches, where they are approved (due to these) other factors, societal fac- and people received into full communion of tors, the number of incidents of marriage those churches: I'm a consultant with breakups and consequent divorces will also orthodox priests in the western New York be lessened. area and they all said one thing, that the REV. FRANCIS X. GLIMM: I can just add incident was very very low in number. one point to that. I asked some of the Now, I wonder whether anyone who is con- Greek priests on Long Island. Most of nected with these Orthodox Churches them would have three or four applications would give us something on numbers be- each year for this so-called divorce-rather cause sometimes we feel that if this hap- readmission to the Sacraments-and that pens, when we start approving these they have the impression that among marriages, the whole marriage institution their people that go to Church perhaps one OECONOMIA

in ten is involved in a second marriage. We because forty, fifty years ago so many of have an entirely different problem, so that these Eastern Catholics went over to the there is some fear, I suppose, that if a Orthodox faith over the issue of celibacy change in the Latin practice were an- and Church property, trustees and all this nounced it might create a kind of threat. sort of thing, I think they have this sense Certainly the Greeks and Russians do not of rigidity so that they want to be ex- have the same problem as we have in num- tremely faithful to Rome and they don't bers. want to show too much of this loose orien- tation towards the Orthodox view. They REV. CHESTER A. MELOCH: My second tend to be hyper-conservative to say the question or observation is this, outside of least. Msgr. Pospishil and a few other elite mem- bers of the Eastern Catholic Church, it REV. MSGR. VICTOR J. POSPISHIL: There is seems to me that the Eastern Catholic another more, let's say, simple explanation Church is more strict in applying the in- of that. In the six dioceses of the Eastern dissolubility of marriage as a practice in Rite in this country there are four canonists their Tribunals, Chanceries. I think that the working. So this, of course, explains why Latin Church has become much more the dioceses are sometimes screaming be- lenient in the application of nullities of cause they have simply not enough men. marriage, etc. In my practice, some of the Another thing is while I would easily grant Eastern Catholic dioceses are so strict on a remarriage after divorce, frankly if it is even D. F. cases, you wonder how they a question of annulment and everything, all could even grant even a few of them a year the rules concerning annulments should be with the normal processes, testimonies and applied because it was annuled. everything else which they demand. It QUESTION: "[Priest unidentified] Father, seems that even the Eastern Catholics are adverse even much more so to this appli- you seem to imply that a first marriage cation than the Latin Catholics might be. would be considered a sign of Christ's love for His Church; but would that second REV. GEORGE A. MALONEY: I think the an- swer to that is in the area of understanding marriage which was entered only civilly the education of the Eastern Catholics, es- also be considered a Sacramental marriage, pecially in the United States. Practically all a sacramental sign of the love of Christ of the Bishops and those who work in the and the Church?" Chancery Offices have been educated in Latin Seminaries, especially Catholic Uni- REV. GEORGE A. MALONEY: I think the Or- versity. They really don't understand their thodox would view it as a not fully realized traditions and I don't say that in any dis- sign or not one that is totally open both paraging way. It's, to me, the most blatant within the individual's conscience and in objective fact. Also the choice of bishop the community in which these two people has been throughout the history, since continue to live where people know that Bishop Takach was first appointed over there has been a breakup in the first mar- the Eastern Catholics in the United States, riage. So that it is considered a valid a choice of a person who would follow Sacrament in that sense, but it is defective. very faithfully the instructions from the It is not the perfect openness to fully Oriental Congregation, so that you don't realizing the symbolic sign of the marriage. have wild eyed or even creative individuals, That only can be the first marriage. Even you have people who just ask Rome what by death, the second marriage is considered should be done and they do it. Again, be- a valid marriage but not in its full orienta- cause they are so close to the Orthodox, tion, in its explicitation of this sign between 17 CATHOLIC LAWYER, SPRING 1971

Christ and His Church-the husband for also after widowhood you cannot have a the wife. So, you see, it isn't either valid fourth marriage." or invalid. I think it's a matter of more or less signifying the fullness. REV. GEORGE A. MALONEY: "Yes. That's what I've said earlier. When a person, one REV. MSGR. WILLIAM VARSANYI: "I would partner, dies and the other is still alive, that like to know how far this principle of person can only remarry. As I said, the hoi Oeconomia would go in various orthodox polloi, only up to, through three marriages. churches. I spoke to someone, I can't re- Yes, irrespective; either by divorce or just member, I think it was a Romanian Ortho- widowhood, you are only allowed this. And Father understood dox Bishop, and he said that they can that, I think." grant it three times, but then no more REV. MSGR. WILLIAM VARSANYI: "In your Oeconomia. What is the real principle explanation you made reference a number then?" of times to the 'innocent party.' Would REV. GEORGE A. MALONEY: Yes, there is a there be any difference regarding the sec- limit and it again is established that a ond or third marriage for the guilty party?" fourth marriage would be completely in- valid and would be not permissible. Now, REV. GEORGE A. MALONEY: Well, there I there they begin to hedge. I think why think, if the guilty party had entered into they choose only three and then stop at an actual marriage, then it would be in the the fourth is by having gone through three power of the Church to take that existen- marriages, you should be ready for the tial situation and say, "We cannot, you grave. I really don't see any other reason know, approve of this, but we can allow except that just existentially it doesn't hap- this union to continue and you, after a pen that often. But there again, I'm sure, penance, can be brought back to the Sac- that in the concrete given circumstance, raments." But, the Church in the case except in the case for a priest, where the of a guilty party, violating the validat- priest's wife dies, he would never be ing reasons for a second marriage, would granted the privilege to remarry, as a priest, not be able to say, "This first marriage unless he were laicized. Then he can be is dead." The Church would have to in- with the hoi polloi up to four marriages. sist that the first marriage is very much The fourth one would not be allowed. But, alive, this person was the guilty party, but by that time they would figure very misogy- then would recognize that now you have a nistic like, that his passions would have new situation-there is new love, there are run the day, and he should now think of new obligations, children are in the second death and it's a very wholesome thing now marriage and so the Church after due pen- to not undertake this when it's a tottering ance would allow this party to come back, sign of Christ's love for the Church. but always realizing that it's again a very defective sign. REV. MSGR. VICTOR J. POSPISHIL: "Not only after death-after widowhood it is REV. MSGR. WILLIAM VARSANYI: "My final the same." question is: What Church authorities, on what level is the decision REV. GEORGE A. MALONEY: "Yes. The made-would it death?-What?" be the parish or-"

REV. MSGR. VICTOR J. POSPISHIL: "It is not REV. GEORGE A. MALONEY: It would be on only after divorce, three marriages; it is the level of the Bishop. You wouldn't have OECONOMIA

to go to a higher regional of Bishops REV. ROBERT T. WICKMAN: I have great dif- for this. But each Bishop for his diocese ficulty with the whole concept of Oeco- from earliest times was empowered to nomia from this point of view. You judge where there was a marriage. In fact, mentioned that the Pauline Privilege would this is exactly what a priest is doing when consider an example of the use of this he officiates at a marriage. It isn't within privilege; that a return of "lapsi" as an his compass to say "this is a marriage in example of the use of this privilege; the Christ." He is actually the delegation of dissolution of a ratum non-consummated the Bishop who is passing judgment that marriage, as an example; the dissolution of this is a sign only after due process that the a nonsacramental marriage as an instance. priest, therefore the Bishop, recognizes that Well, I'm sitting here and I'm saying to these two people have a full understanding myself, quite frankly, this principle has a of a Christian marriage, the obligations and chameleon-like appearance. It seems to the joys, the duties of moving into this change in color depending on the case type of Christ's spouse-relationship and you're putting it to. In other words, I when the Bishop knows this through his wonder if we have studied the principle priest, then it is the Church that is charis- sufficiently in the Western Church to take matically saying, "I pronounce you man it now and put it on our laws and on our and wife. I recognize that your contract is customs and on our history as almost a one made in Christ. There it is, a Sacra- superstructure that we don't quite under- ment." So, a fortiori, also it would follow stand. that the Church is the one, through the REV. FRANCIS X. GLIMM: Just let me say for Bishop. But there he would not delegate it the record that we understood that the especially to a priest unless he would do it fact a through a Tribunal of equity, something principle of Oeconomia is not in like Msgr. Stephen Kelleher proposed. (I Western principle and that in relation to reforma- think that's very much in keeping with the marriage, particularly since the tion where we have been used to the idea orthodox usage, where he allows within that the Greek Church grants divorces or even a parish with due delegation from the accepts them and we do not, we have kind Bishop.) But there again it is the Church of pushed away from that. So that the talk passing judgment in its charismatic func- here today is, so to speak, exploratory and tion, recognizing that there is no marriage I think that nobody feels that we can adopt anymore, not dissolving it, but these two this principle without further discussion or people have dissolved it through sin or that it can easily fit in with our procedures. some extrinsic force beyond their control. But, looking further ahead, supposing that The Church has that charism from Christ it were at some future date usable, I think to say there is no marriage. Msgr. Kelleher it would not bypass the usual Catholic pro- has utilized precisely the revelation of cedures where a person might for the sake Christ through people like psychologists of conscience feel that he would rather and psychiatrists, sociologists and would in- have his marriage declared null and void sist on his commission of equity that there as from the beginning, rather than take truly be these people who are feeding into advantage of this principle if it ever goes the mind of the Church these factors which to operation. So, this is purely an explora- are certainly a revelation of God, too. We tory talk and quite hypothetical in regard can't divorce the Church with its direction to the practice of the Western Church. to God, God's revelation to the Church, Now, we'll let Father Maloney answer the from God's revelation in the human situa- rest of it. tion as discerned by psychology and so- ciology. REV. GEORGE A. MALONEY: From the tone of 17 CATHOLIC LAWYER, SPRING 1971

your questiobi, I foresee a type of thinking acquainted, your heart bleeds when you that I've been trying to avoid, namely just see the many causes for breakups of mar- substituting your laws for another law or riage that never were conceived in the bringing into your strict law another law middle ages. And yet we're laboring in our and this is precisely what I wanted to avoid. canonical practices under those conditions On the other hand, it does seem chameleon- that invalidate it or annul marriages. It's like, shifting, and that is the whole force here, therefore, that we must redevelop a of this principle about a law, namely you more comprehensive vision of the theology can't legislate for it ahead of the circum- of marriage that will then allow us to re- stances. So I think that before we could examine our canonical basis and also our ever use this as a principle about our law, pastoral practices. So that the three of these to accommodate our law, its strictness, to can go hand in hand. I think a great deal manifest the mercy of Christ, we really has been done just in the last year. I have need a theology about marriage. We don't a bibliography, and I hope this will be have a theology about marriage. If you printed if any of you are interested, but in start talking about marriage, you imme- the last year's issue of Revue de Droit diately start talking about Pope Alexander Canonique, you have some excellent arti- III, and why in the world did he say: A cles there, especially by Father J. Bernhard. Sacramental marriage that is indissoluble He calls it "Reinterpretasione (Existentielle is that which is ratum et consummatum. et dans la Foi) de la Legislation canonique But, isn't that a sacramental valid marriage concernant l'Indissolubilit6 du mariage too, between two Catholics, ratum non con- chretien." An existential reinterpretation summatum? But the Church has been dis- and in the faith of the canonical legisla- solving that. Why do we just settle on a tion concerning the indissolubility of Chris- theology of marriage for that "consumma- tian marriage. And Huizing and other tum". What does the physical do in the people have been writing in this vein also. light of psychology today? We know that So that I think you could see theologians many consummated marriages are far from and canon lawyers are coming to grips being realized marriages in Christ. We with other factors that cannot be outside know that many are marriages before they of God's revelation, namely, these psycho- have consummated it. And so, just like logical and sociological factors that are Baptism, we no longer see it as one making us now understand more about the concrete moment, as one con- theology of marriage than the limited the- crete moment, Marriage as one concrete ology of marriage that was confined once moment; but it is a process, it's an evolu- Alexander III set up this in the thirteenth tionary discovery of Christ in this situation. century, the "consummatum" as the typical And so, there has to be a movement in Catholic sacramental marriage that was marriage and it's this, I think, that we have totally indissoluble. Anything outside of to understand: that oeconomia will only be that was up for grabs. But, here, this was a working principle when we have redis- where we talk about marriage. Well, this is covered what is marriage, what is the to limit our theology, therefore, and I think theology of being married-two people we all suffer greatly from that. What does married in Christ-and then we will be the physical consummation add to the the- able to reflect on our inadequate expres- ology? We musn't work that way. We have sions of that theology by our inadequate to work around the scripture, we have to canons, our canonical legislation. And work around the meaning of Christ in His above all, I think, the first thing to recog- relationship to the Church in the divine nize, that there is something wrong, is the economy and then see that the theology of pastoral practices. As all of you are well marriage flows out of the existential situa- OECONOMIA

tions in which human beings must develop and I'm an ongoing formation, I'm always as human beings and synonymously as fulV changing. Now if the Church recognizes Christians. that Religious who make a commitment fully before God, eternally to live this type REV. GEORGE A. MALONEY: Thank you very of life, can be dissolved-Why? Well, not much. I think those are very important only to avoid greater scandal and destroy- observations. I would extend that, as I'm ing lives, but precisely I think implicitly is sure all of you have experienced in your that they have undergone a change, that Court Tribunal cases, not just to the blacks they now see new values that they didn't because it's such a minor group of Cath- see before and therefore legitimately they olics-among the blacks-but the Puerto can be laicized. Now, if that happens for Ricans where they have a whole different Religious, why can't it happen in married ethos towards marriage-just their consen- life where you are dealing with something tual regard to just living together and if it that is even more difficult to foresee than works fine without even going to the say the Religious life. Are you committed? Church. This, I think, has been accepted. Before any Religious Order accepts a per- The Church is going along with a sociologi- son now there is a battery of psychological cal factor that if these people start a mar- tests. But, what do we do to prepare peo- riage with that, whether there was any ple for marriage? A few pre-Cana Con- form or not, the Church goes along and ferences tha do not even touch the accepts their word that they really felt psychological maturity of these people. through the social mores that this is the Well, they just love each other. But, is it way to do it. The people in their society love that they have seen in the movies and have been doing this for years, centuries, alt this sort of thing or is this the real and so they went along, too. But, we do mature judgment that comes from years of see, and that would be the second point I accepting responsibility in their lives? No. want to make: for instance, the Church They're very immature as far as respon- has suddenly seen very clearly in the dis- sibility goes; sexually they're precocious pensation of perpetual vows of Religious and they settle for that. Yet, only in the (and in a way priests) that a human nature living situation do they come up with the is not that aristotelian, essential thing that's unforeseen which is the ordinary; and then "way off" and "the same" all through cen- they find it's too much. Are we going to turies. But it's an ongoing fluid thing that hold them to this type of nature that they keeps changing and the person I was yester- were-even they didn't know who they day is the same person today, but today were when they entered that. They were there's a great difference depending on how too much influx. I see that constantly situations hit me. I can see now that the teaching college students. In the matter of social factors in my life can really change faith: they are not capable of making a my whole value structure very strongly. faith commitment to Jesus Christ and We see, for instance, just on the matter they're rebelling against the external side of a whole new concept towards original of Church which in a way they have to sin: the social impact that I am not a per- do in their thrust towards a personal in- son all by myself, an island, a rolling stone. volvement. But they don't have the I am part of a society and if the society stability of an ordinary life, they don't has inherited certain false values they come have the sense of responsibility, they don't into my life and well, whether you're going have the struggle, the conflict that will con- to say I'm guilty or not, it does show me front them and force them to a sense of that sin is a mounting thing and also it identity, a sense of who Jesus Christ is in shows me that I am a part of my society terms of ultimacy to them. And so, I think 17 CATHOLIC LAWYER, SPRING 1971 what you say is very true that our nature continue to allow the division, which her is constantly an ongoing process of evolu- Founder did not will, to find expression in tion and the society with all its values comes the canons and confirm us in our psychosis in and forms us. And so the Church has of division within the human family and to consider the changeability in human na- division within the Christian community. ture and it cannot just look to a natural Next point, at least since the turn of the law and apply it universally to all people century and the eucharistic congresses at without looking at this individual person. the end of the 19th, Rome has been fulsome in her saccharin rhetoric about an esteem DR. THOMAS E. BIRD: (Dr. Thomas E. Bird, a Contributing Editor to the periodical for the Eastern Churches and what they Diakonia and a professor at Queens Col- stand for and what they represent and the lege, New York was present on the dais deep regard for the richness for these tra- with Father Maloney and made the fol- ditions and liturgies. If we are not to let lowing observations.) Obviously mankind those words hang in air or lie in the dust of a is very different in the various cultures in Papal archives, then we have serious which he has lived and developed particu- responsibility to examine not just during the lar forms. It would be fatuous to deny a January week of unity, the quaint and in- difference, in a cultural sense, in the sense teresting liturgical practices of this small of life style and value structure, between benighted group of Christians, but as Fa- Latin and Greek and Romanian. ther Maloney has pointed out precisely and eruditely, the Roman Church has at But, I would like to suggest to you that various important points in her life (I there has been more than a full element mean the Councils) taken cognizance of of pride and face saving on the part of what this very significant, very sophisti- legislators and ecclesiastics since the divi- cated, very intelligent Christian community sion between the Christian West and East. was up to, has taken cognizance of how it Once that break took place there was a dealt with this terribly critical problem and great need to justify what each segment of has then proceeded to close the book and the Churches were doing. Rather than talk move on in her own way. It seems to me, about the various rights or cultures or if we are to be honest and at all concerned Churches, I would like to come back to a about what Vatican II was saying about focus on the single Christian community the universality of the message of the Lord, which her Founder intended would live at about the unity of the Christian commu- one and raise in your mind the meaning- nity, then we must not stop with a single fulness today of terms such as "Eastern Tuesday, ten to twelve session in examining Christian" and "Western Christian" when the question of "economy," but we should we have an Eastern Christian Church and take practical steps like dissertations in the community and living out of that life style schools of canon law on what the practice and tradition at Thirteenth Street and in this question has been among the Ortho- Broadway and the living out of a Western dox in North America, dissertations on what Church style complete with the parapher- the practice has been for the last two cen- nalia of tradition and canons two blocks turies in the Melkite and the away. Father's comment about future Marinite and the Armenian , shock and permanent commitment, it taking as Father Maloney noted to account seems to me, has to be addressed to us as the fact that a great deal of the thinking of members of the Roman Church who can the Eastern Catholic Churches has been very perpetuate the sin, the guilt of the Roman much under a Roman shadow. But at least Church, if we don't address ourselves to these will provide wherever there has been the unity of the human condition and not action in the area of ecclesiastical divorce, OECONOMIA

ecclesiastical expression and use of the prin- and of course we are, only the first of a ciple of oeconomia (and there has been in great deal of searching and fact finding and the last one hundred and fifty years) a kind continuing to examine how these other of irrefutable evidence and solid basis for communities, which we do not know well building. It seems to me we have to ask in any guise, how they have dealt as Chris- ourselves hard questions about the legiti- tians with this very critical problem. macy of continuing to talk in such very REV. FRANCIS X. GLIMM: "Thank you Dr. rigid terms about "their" culture and "our" Bird. We are all interested. We have all culture. If the Latin Church has had any profited from the information and the ex- particular genius it certainly has included an openness to pragmatism and the reality perience, the insights of our two panelists. of the human condition. It seems to me We could go on for a long time, but I this ought to be only the first, if we're think we simply have to stop now because genuinely concerned about this question, of time."