Faith Conquers Fear
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Irregularities and Simple Impediments in the New Code of Canon
IRREGULARITIES A ND SIM PLE IM PEDIM ENTS IN TH E NEW CODE O F C A NON LA W B"THE H RE . H . N . I KE" L . V JO J C , JC DISSERTA TION SU M IT TED TO TH E FA C ULT"OF SA C RED SC B IENC ES , C A H O IC ERS I OF A MER T L UNIV TY IC A, ‘ I WA S H NGTON, D . C ., m PA RTIA L FU LF I LM ENT OF TH E REQUIREMENTS FOR TH E DEGREE OF DOC TOR OF C A NON LAW MA RC H B T T NIH IL O S A . T . .D HOMA S J. S HA HA N, S T . C ENS OR DEPUTA TUS . CONTENTS Introduction 7 I—Definition Division Chapter and of Irregularity . 9 — Cha pter II The Subject of Irregularity Chapter III—Irregularities Arising from Defect Chapter IV—Irregularities Arising from C rime — Chapter V Simple Impedirnents Chapter VI—The Cessation of Irregularities and Simple Impediments INTRODUCTION . The Church has always exercised the greatest solici tude for the members of her clergy . This fact is clearly evident in her repeated promulgation of decrees of differ ent councils and synodal enactments relative to this phase of her organization . Her eff orts in this respect have ‘ been nobly and generously seconded e verywhere and at all times by the hierarchy as may be substantiated by t e liable documentary proof . The subject of irregularity is of its very nature an im por tant one. Irregularities have been instituted by the Church to preserve the dignity and honor of her min istr y. -
Canon Law of Marriage Indissolubility of Marriage in 406 Two Synods of North Africa, Called the 11Th Council of Carthage Stated
Canon law of marriage Indissolubility of Marriage In 406 two Synods of North Africa, called the 11th Council of Carthage stated, " we decree that according to the evangelic and apostolic discipline neither a husband dismissed by his wife, nor a wife dismissed by her husband may marry another; but that they are to remain as they are or to be reconciled to one another. if they despise this law they ought to be subjected to penance. and on this subject a imperial law out to be promulgated." the canon's teaching on indissolubility appears to be absolute i.e. it does not allow for any exception. this is important because they was and still is, a debate over Matther 19:9 which has Jesus saying, "Now i say this to you: anyone who divorces his wife- I am not speaking of an illicit marriage- marries another is guilty of adultery. the expression illicit marriage is a translation of the Greek word proneia( ). it is possible to translate the this word as adultery. thus the text from Matthew could mean that anyone who divorces his wife and marries another is guilty of adultery except in the case of him divorcing his wife because she has committed adultery. but this Greek word porneia can have at least three other meanings: a relationship that is not really a marriage because of some legal impediment; a betrothal; an incestous union which is not a true marriage. in all these cases the man would be able to divorce his wife and marry another without being guilty of adultery for the simple reason that his first marriage was not a real marriage. -
Common Misconceptions About Divorce and Annulments in the Catholic Church
Common Misconceptions about Divorce and Annulments in the Catholic Church Once people divorce, they are no longer part of the Church. Divorced people are excommunicated and no longer able to receive the Eucharist or other sacraments. (FALSE, NOT FULLY ACCURATE) Divorce in itself does not prevent Catholics from receiving the sacraments, though if the individual in question is responsible for the breakup of the marriage through some sinful action (infidelity, spousal abuse), there may be questions about his or her ability to receive. These questions are best handled in the confessional. Catholics who divorced and remarried outside the Church are not under the penalty of excommunication, but they are in an objective state of sin and must refrain from reception of the sacraments until their irregular marital status is corrected. An objective state of sin does not mean that this is a bad person, it's simply a state that is not consistent with what Jesus and the Church teaches and believes. Catholics in this situation must still participate in Mass, but may not receive Eucharist until their marriage situation is regularized according to the teachings of Jesus Christ and his Church. (See St. Mark 10:2-12; St. Matthew 5:31- 32 and 19:3-9.) An annulment wipes away all vestiges of the past relationship, and children from that relationship become illegitimate. (TOTALLY FALSE) If a declaration of nullity is made regarding a past marriage, the Church is saying that a permanent bond of marriage did not arise at the time of the wedding. This means that both people of the prior union are free to celebrate a marriage in the Church. -
On Validity and Invalidity of Sacraments Robert E
ON VALIDITY AND INVALIDITY OF SACRAMENTS ROBERT E. RODES, JR. Notre Dame Law School HIS ARTICLE had its genesis, more or less, in an after-dinner conver Tsation with a theologian who remarked, as we were talking about sacraments and priesthood, that the notion of "validity" belonged in my discipline of law rather than his discipline of theology. His doctrine is very much concerned with sacraments as celebrations, and so he is less apt to ask whether they are valid than how well they come off. On his understanding, talk about validity or invalidity of a sacrament is no more useful than talk about validity or invalidity of a birthday party. His impatience with traditional notions of validity is shared by many ecumenical-minded people who see invalidity as a pejorative term and are unwilling to apply it to the ministrations of those Protestant bodies that lack priests ordained in the traditional fashion but seem to be living in Christ's presence at least as fully as a typical group of Catholics or Orthodox. These problems with the notion of validity of sacraments are, in fact, very similar to some of the problems we have with the notion of validity of legal transactions. If it seems unacceptable to consign a child to hell (or even limbo) because the priest used the wrong formula in baptizing him, it seems analogously unacceptable to put a family out of their home because their title deed is not sealed in the proper way. My friend's dismissal of validity as a mere legal concept is, of course, not to be taken seriously. -
Support and Property Rights of the Putative Spouse Florence J
Hastings Law Journal Volume 24 | Issue 2 Article 6 1-1973 Support and Property Rights of the Putative Spouse Florence J. Luther Charles W. Luther Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Florence J. Luther and Charles W. Luther, Support and Property Rights of the Putative Spouse, 24 Hastings L.J. 311 (1973). Available at: https://repository.uchastings.edu/hastings_law_journal/vol24/iss2/6 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. Support And Property Rights Of The Putative Spouse By FLORENCE J. LUTHER* and CHARLES W. LUTHER** Orequire a "non-husband" to divide his assets with and to pay support to a "non-wife" may, at first glance, appear doctrinaire. How- ever, to those familiar with the putative spouse doctrine as it had de- veloped in California the concept should not be too disquieting. In 1969 the California legislature enacted Civil Code sections 4452 and 4455 which respectively authorize a division of property1 and perma- nent supportF to be paid to a putative spouse upon a judgment of an- nulment.' Prior to the enactment of these sections, a putative spouse in California was given an equitable right to a division of jointly ac- quired property,4 but could not recover permanent support upon the termination of the putative relationship.5 This article considers the ef- fect of these newly enacted sections on the traditional rights of a puta- tive spouse to share in a division of property and to recover in quasi- contract for the reasonable value of services rendered during the puta- * Professor of Law, University of the Pacific, McGeorge School of Law. -
Putative Marriages: What Are "Civil Effects"? Ryland Percy
Louisiana Law Review Volume 36 | Number 2 The Work of the Louisiana Appellate Courts for the 1974-1975 Term: A Symposium Winter 1976 Putative Marriages: What Are "Civil Effects"? Ryland Percy Repository Citation Ryland Percy, Putative Marriages: What Are "Civil Effects"?, 36 La. L. Rev. (1976) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol36/iss2/31 This Note is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. LOUISIANA LAW REVIEW [Vol. 36 Severe consequences to good faith possessors, should the state demand a return of the products removed from water- bottoms, could provide incentive for reversal of the instant decision. If the court is willing to extend its fruits analogy to others holding similar patents, that extension of equitable relief would go far toward relieving the harsh results of a decision that has finally corrected an aberration in Louisiana property law. Hopefully the decision in Gulf Oil Corp. v. State Mineral Board will not fall beneath the pressures brought by dissenting groups. Mere changes in the composition of the court should not be relied upon at a later time to overturn a decision bringing harmony to the law of navigable waterbot- tom ownership. 53 Francis J. Crosby PUTATIVE MARRIAGES: WHAT ARE "CIVIL EFFECTS"? Two recent decisions by the Louisiana Supreme Court highlight the difficulty traditionally attending determination of the "civil effects" that flow to good faith spouses in a putative marriage.' The difficulty arises in the courts' at- tempts to articulate a difference between rights and duties that arise solely as a result of a marriage contract and are therefore "civil effects" and rights and duties that are per- sonal and would exist regardless of the existence of a mar- riage. -
The Putative Spouse and Marriage by Estoppel Doctrines: an "End Run Around Marriage" Or Just a Marriage?
Child and Family Law Journal Volume 8 Issue 1 Article 3 3-27-2020 The Putative Spouse and Marriage by Estoppel Doctrines: An "End Run Around Marriage" or Just a Marriage? Dana E. Prescott, Esq., Ph.D Follow this and additional works at: https://lawpublications.barry.edu/cflj Part of the Elder Law Commons, Family Law Commons, Juvenile Law Commons, and the Other Law Commons Recommended Citation Prescott, Esq., Ph.D, Dana E. (2020) "The Putative Spouse and Marriage by Estoppel Doctrines: An "End Run Around Marriage" or Just a Marriage?," Child and Family Law Journal: Vol. 8 : Iss. 1 , Article 3. Available at: https://lawpublications.barry.edu/cflj/vol8/iss1/3 This Article is brought to you for free and open access by Digital Commons @ Barry Law. It has been accepted for inclusion in Child and Family Law Journal by an authorized editor of Digital Commons @ Barry Law. The Putative Spouse and Marriage by Estoppel Doctrines: An “End Run Around Marriage” or Just a Marriage? Dana E. Prescott, Esq., Ph.D* I. INTRODUCTION For generations in the United States, each state determined the definition of a legally recognized marriage.1 Indeed, the United States Supreme Court long ago held that marriage “has always been subject to the control of the [state] legislature.”2 For the most part, these early notions of “federalism”3 permitted states to constrain the definition of a lawful marriage. States did so without much public controversy; at least when consistent with socially and legally *Dana E. Prescott is licensed to practice in Maine and Massachusetts and a partner with Prescott, Jamieson, & Murphy Law Group LLC, Saco, Maine. -
Pastoral Letter and Statement of Bishops Re. Covid-19
General Secretariat Tel: 01236 764061 64 Aitken Street Fax: 01236 762489 AIRDRIE Email: [email protected] Lanarkshire ML6 6LT Web: www.bCos.org.uk 18th March 2020 Pastoral Letter and Statement of the Scottish Bishops re. Covid-19 Virus Dear brothers and sisters in Christ, In this time of trial we, the Bishops of Scotland, wish to send you a word of reassurance and encouragement. We are all facing much uncertainty, anxiety and an unpredictable future. This situation touches on every aspect of our lives, individually and collectively. Sacred Scripture calls us repeatedly not to fear and to look to the help that comes to us from above. We are called to support one another in every way we can, especially those who are most vulnerable, through age or underlying conditions. Even in the midst of any necessary “distancing” we must stand by each other. We ask you to pray for the sick, those caring for them, for those in positions of responsibility with difficult decisions to make, indeed for our whole country and the entire human family. Most of all, we are being asked to put our trust in the living God who has created everything to be and to flourish and whose providence guides the course of world events. We put our trust in our Lord Jesus Christ, risen from the dead, and the true physician of our souls and bodies. During this Lent, especially, let us all take the opportunity to deepen our relationship with God. As your bishops and with our priests and deacons, we assure you of our continuing commitment to your spiritual, pastoral and sacramental needs. -
Syria 2014 International Religious Freedom Report
SYRIA 2014 INTERNATIONAL RELIGIOUS FREEDOM REPORT Executive Summary Religious freedom continued to decline. Although the constitution formally expresses government respect for and freedom to exercise all religions, significant limitations and restrictions were imposed in practice. With the worsening conflict, the government did not control significant terrain within the country, rendering it incapable of governing those portions of the country. Government regime repression increased against Sunni Muslims, whose religious status the government viewed as a proxy for political opposition to the government. Regime forces and allied Shia militias targeted Sunnis and religious minority groups with killings, torture, arrests, and attacks on Sunni and religious minority neighborhoods and religious sites. For example, Lebanese Hizbollah killed 200 civilians in February near Rasm an-Nafl, and the Abu al-Fadl al-Abbas brigade, a domestic Shia militia allied with the government, killed 26 Sunni civilians near Aleppo in February. Regime forces and their Shia militia allies arrested Sunni clerics and destroyed Sunni mosques. Extremists groups targeted Shia, Alawites, and religious minorities with killings, kidnapping, torture, and arrests in the areas of the country under their control. The Islamic State of Iraq and the Levant (ISIL) publicly executed Western hostages, referring to them as “dogs of Rome” and “crusaders,” and stoned to death and beheaded men, women, and children on charges of blasphemy, heresy, and apostasy. ISIL established court and policing systems in areas it controlled and handed down strict punishments based on its interpretation of sharia. ISIL lashed men for not following its proscriptions about religious observance. ISIL required Christians to convert, flee, pay a special tax, or face execution in territory it controls, and systematically destroyed churches, Shia shrines, and other religious sites. -
Bishops Apologise, 'Shamed and Pained' by Abuse
St Andrews and Bishops Toal Edinburgh pilgrims and Robson at meet up with Grandparents’ Dunkeld’s at Mass at Carfin. Lourdes. Page 6 SUPPORTING 50 YEARS OF SCIAF, 1965-2015 Page 2 No 5634 VISIT YOUR NATIONAL CATHOLIC NEWSPAPER ONLINE AT WWW.SCONEWS.CO.UK Friday August 21 2015 | £1 Bishops’ Conference of Scotland president joined by members of the hierarchy to respond to the McLellan report on abuse handling PIC: PAUL McSHERRY Bishops apologise, ‘shamed and pained’ by abuse By Ian Dunn and added in his homily. “That this abuse of Scotland Moderator, said at the report’s secrecy with openness.’ ent system of monitoring the Church’s Daniel Harkins should have been carried out within the release that his commission had found safeguarding procedure outwith Church Church, and by priests and religious, there was ‘no doubt’ that ‘abuse of the Recommendations control and for the Church to pay for ARCHBISHOP Philip Tartaglia of takes that abuse to another level. Such most serious kind has taken place within Dr McKellan said his commission— counselling for survivors of abuse. Glasgow has offered a ‘profound actions are inexcusable and intolerable. the Church in Scotland.’ made up of a dozen people from a wide Dr McLellan said that all too often in apology’ on behalf of Scotland’s bish- The harm the perpetrators of abuse have Dr McLellan, a former head of HMI range of backgrounds including two the past ‘words had led nowhere’ but ops to those who have been abused caused is first and foremost to their vic- prison inspectorate who the bishops’ con- bishops—had eight key recommenda- these recommendations ‘can be meas- within the Church, and to those who tims, but it extends far beyond them, to ference asked to chair the independent tions the Scottish Church can follow to ured’ and the Church should be able to believe they have not been heard. -
Advent Christmas and the Incarnation Is God a “She”? Editorial
Promoting A New Synthesis Of Faith And Reason Advent Christmas and the Incarnation Is God a “she”? Editorial Purified in Love Praying for the dead in November James Tolhurst Truth, Joy and the Marriage Debate Timothy Danaher A Necessary Victory Peter Williams Holloway on: Christ the King Faith Summer Session Richard Marsden Interview: Fr Roger Nesbitt explores the origins of the Faith Movement Going to Confession A guide to help those preparing children for this Sacrament Carol Ann Harnett They Don’t Celebrate Christmas Discussion: How should we approach the JWs? Book Reviews: Beauty, Spirit, Matter: Icons in the Modern World by Aidan Hart A Celtic Christology: The Incarnation According to John Scottus Eriugena by John F. Gavin Lead Kindly Light: DVD Issue: 008 November & December 2015 Price: £4:50 faith.org.uk CONTENTS 1 Advent, Christmas and the Incarnation Editorial 5 Purified in Love: The Experience of Purgatory James Tolhurst 10 Truth, Joy and the Marriage Debate Timothy Danaher 15 A Necessary Victory: The Campaign Against the Marris Bill Peter Williams 19 Holloway on: Christ the King Edward Holloway 21 Faith Summer Session Richard Marsden 23 Interview Fr Roger Nesbitt explores the origins of the Faith Movement 27 Going to Confession A guide to help those preparing children for this Sacrament 32 They Don’t Celebrate Christmas Discussion: How should we approach the Jehovah’s Witnesses? 35 Reviews The prophetic power of icons, a Celtic father on the Incarnation, the rule of St. Benedict, and a DVD about Blessed John Henry Newman Editor: -
New Tensions in Kirkuk As Kurdish Peshmerga Surround City by Michael Gunter
VOLUME IX, ISSUE 13 uAPRIL 1, 2011 IN THIS ISSUE: BRIEFS..................................................................................................................................1 THE KHURASAN MUJAHIDEEN SEEK TO ELIMINATE ESPIONAGE IN WAZIRISTAN By Zia Ur Rehman....................................................................................................4 NEW TENSIONS IN KIRKUK AS KURDISH PESHMERGA SURROUND CITY By Michael Gunter.......................................................................................................6 Khurasan Mujahideen in Waziristan SOLIDARITY IN RESISTANCE: MIDDLE EAST REVOLUTIONS STRENGTHEN HEZBOLLAH By Chris Zambelis....................................................................................................8 Terrorism Monitor is a publication of The Jamestown Foundation. The Terrorism Monitor is SYRIAN REGIME DEPLOYS MILITARY IN NAVAL PORT OF LATAKIA designed to be read by policy- makers and other specialists For the first time in his 11 years as ruler of Syria, President Bashar al-Assad has yet be accessible to the general deployed elements of the Syrian military against a domestic target – the protesters public. The opinions expressed that had taken to the streets of the Syrian port of Latakia to demand political within are solely those of the authors and do not necessarily and economic reforms (Reuters, March 28). The insertion of the military on reflect those of The Jamestown March 27 came as official sources reported the death of 12 individuals in Latakia Foundation. on March