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A Passion for Justice

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A Passion for Justice A Passion for Justice An Introductory Guide to the Code of Canon Law G. J. Woodall GRACEWING Contents Foreword xix List of Tables xvii Introduction 1 Chapter 1 The Function of Canon Law and the Revision of the Code 7 1. Introduction 7 2. Law, Justice and the Church 7 3. Law and the Community of the Baptized 11 4. Canon Law and Theology 15 5. The Historical Sources of Canon Law 18 a. Scriptural Foundations of Canon Law 18 b. Canons and Decretals 20 c. The Corpus iuris canonici or Body of Canon Law 24 d. Some Initial Conclusions 29 6. The Codification of Canon Law and the Revision of the Code 29 a. Codification and the Code of 1917 29 b. The Revision of the Code: The Principles Involved 31 c. The Revision of the Code and the Second Vatican Council 36 d. The Structure of the Revised Code for the Latin Church 40 e. The Fundamental Law of the Church {'Lex fundamentalis') 40 f. The Promulgation of the Code of 1983 43 7. Conclusion 45 Chapter 2 General Norms (Book I of the Code) 46 1. Introduction 46 2. Persons in the Church and their Juridical Status 46 a. Juridical Status in the Church 46 b. Physical Persons in the Church 53 c. Moral Persons and Juridical Persons in the Church 58 3. Laws in the Church: Their Promulgation and Main Features 61 a. The Promulgation of Laws 61 b. The Proper Subjects of the Code of 1983 63 CONTENTS c. The Manner of Promulgation 63 d. The Entry into Force of the Law and the 'vacatio legis' 64 e. A Formal Amendment to the Code 64 f. Canonical Norms outside the Code 65 g. The Extent of Ecclesiastical Laws 66 4. Acts in Canon Law: Legislative, Administrative and Judicial 67 a. The Distinction of Powers 67 b. Legislative Acts 68 c. Judicial Acts 68 d. Executive or Administrative Acts 69 5. Offices in the Church 76 a. The Concept of 'Office' in the Church 76 b. The Provision of Offices: Appointments 77 c. Different Ways of Making Appointments 78 d. Loss of Office 78 6. Conclusion 80 Chapter 3 The People of God (Book II of the Code), Part I: Christ's Faithful 81 1. Introduction 81 2. The Rights and Duties of the Christian Faithful as a Whole 81 3. The Rights and Duties of the Lay Faithful 87 a. The Foundation of their Rights and Duties 87 b. Some Comments on these Rights and Duties 87 4. The Clerical State 92 a. The Reform of Orders and Ministries 92 b. The Incardination of Clergy 93 c. The Formation of Clergy 96 d. The Specific Rights and Duties of Clergy 103 5. Loss of the Clerical State 104 a. Ways of Losing the Clerical State 104 b. Loss of the Clerical State and the Question of Celibacy 107 c. Consequences of the Loss of the Clerical State 108 6. Personal Prelatures 108 7. Associations of Christ's Faithful 109 8. Conclusion 110 VI CONTENTS Chapter 4 The People of God (Book II of the Code), Part II: The Church's Hierarchical Structure, I: The Supreme Authority 111 1. Introduction 111 2. The Meaning of the Supreme Authority of the Church 111 3. The Role of the Papacy 114 a. The Petrine Office or Function 114 b. Election to the Petrine Office 118 4. Collegiality: Bishops as Part of the Supreme Authority 121 a. The Source of the 'Power' of Bishops 121 b. The College of Bishops 122 c. Ecumenical Councils and Synods of Bishops 123 5. The Cardinals (cc. 349-359) 128 6. The Roman Curia 130 7. Papal Legates (cc. 362-367) 135 8. Conclusion 135 Chapter 5 The People of God (Book II of the Code), Part II: The Church's Hierarchical Structure, II, Particular Churches 136 1. Introduction 136 2. Particular Churches 136 a. Particular Churches Equivalent to Dioceses 136 b. The Diocese as a Particular Church 137 3. The Bishop in the Particular Church 140 a. The Divine Institution of the Episcopacy and Pastoral Care 140 b. The Selection of Bishops 142 c. The Responsibilities of Diocesan Bishops 145 d. The Resignation of the Diocesan Bishop 148 e. The Functions of Other Bishops 148 f. Special Arrangements for a Vacant and for an Impeded Diocese 149 4. Groupings of Dioceses 150 a. Ecclesiastical Provinces 150 b. Episcopal Conferences 151 5. Diocesan Structures 152 a. Diocesan Synods 153 b. The Diocesan Curia 153 6. Parishes and their Priests 162 a. The Canonical Nature of the Parish 162 b. The Parish Priest 166 c. Parochial Vicars or Assistant Priests 174 vii CONTENTS 7. Other Figures of Importance in the Diocese 174 a. Vicars Forane (Deans) 174 b. Rectors 176 c. Chaplains 177 8. Conclusion 177 Chapter 6 The People of God (Book II of the Code), Part III: Institutes of Consecrated Life and Societies of Apostolic Life 178 1. Introduction 178 2. Institutes of Consecrated Life in General 178 a. The Nature of the Consecrated Life 178 b. Recent Canonical Developments 179 c. An Analysis of Key Canons (cc. 207, 573) 182 d. Other Norms on Institutes of Consecrated Life in General 184 3. Institutes of Consecrated Life and Societies of Apostolic Life: Particular Norms 192 a. Definitions and Distinctions in Institutes and Societies 192 b. Houses of Religious Institutes and of Societies of Apostolic Life 193 c. Governance 197 d. Admission and Initial Formation 200 e. Profession of the Evangelical Counsels (cc. 654—658) 203 f. Continuing Formation (cc. 659-661) 204 g. Incardination 205 h. Rights and Duties of Persons in Institutes or in Societies 205 i. Separation from Institutes and Societies 208 4. Conclusion 209 Chapter 7 The Teaching Function of the Church (Book III of the Code) 210 1. Introduction 210 2. The Preliminary Canons 210 a. An Analysis of the Key Canon (c. 747) 210 b. The Other Preliminary Canons and the Church's Magisterium 213 3. The Ministry of the Word 219 a. Preaching 220 b. Catechesis 222 4. The Missionary Work of the Church and the Ministry of the Word 224 via CONTENTS 5. Catholic Education 225 a. Parental Responsibilities and Rights 225 b. Catholic Schools 226 c. Catholic Universities 226 6. Social Communications 227 7. The Profession of Faith and Oath of Fidelity 227 8. Conclusion 229 Chapter 8 The Sanctifying Function of the Church (Book IV of the Code), Part I, Liturgy and the Sacraments in General 231 1. Introduction 231 2. Sacraments and Faith: Response to God's Word 232 a. Some Implications of Conciliar Teaching 232 b. The Church and the Liturgy 233 3. Preliminary Canons on the Church's Sanctifying Function 235 The Meaning of the Sanctifying Function 235 The Sanctifying Function: Sacred Ministers and Lay Faithful 235 4. The Sacraments in General 240 a. An Analysis of Canon 840 240 b. Equality of Status and Diversity of Function 242 c. The Bishops' Role in the Sacraments and the Holy See 243 d. Other Norms for the Sacraments in General 244 5. The Valid Celebration of the Sacraments 246 a. The Distinction between Validity and Liceity 246 b. The Conditions for Sacramental Validity in General 246 c. The Valid Celebration of the Sacraments in Particular 248 d. The Duty of Reverence and of Due Care over the Sacraments 249 e. The Conditional Administration of the Sacraments 249 6. Conclusion 254 Chapter 9 The Sanctifying Function of the Church (Book IV of the Code), Part I: The Sacraments, II, The Sacraments of Initiation 255 1. Introduction 255 2. The Preliminary Canons on Baptism 255 a. The Lawful Celebration of Baptism 255 b. Revised Norms for Adult Baptism: Preparation for Baptism256 c. Canonical Requirements for Infant Baptism 260 d. Other Preliminary Norms for Baptism (Adult and Infant) 261 e. Sponsors at Baptism 264 f. The Theological Significance of Baptism 264 ix CONTENTS g. Registration and the Baptismal Register 265 h. The Postponement or Deferral of Baptism 266 3. The Sacrament of Confirmation 267 a. The Conciliar Background 267 b. An Analysis of Canon 879 267 c. The Matter and Form of Confirmation 268 d. The Minister of Confirmation 268 e. The Proper Candidate for Confirmation 271 f. Reception into Full Communion with the Catholic Church 271 g. Sponsors at Confirmation 272 h. Registration of Confirmation 272 i. Juridical Effects of Confirmation 273 j. The Timing of Confirmation and Sacramental Initiation 273 4. The Sacrament of the Eucharist 274 a. The Nature of the Eucharist: The Preliminary Canons 274 b. The Celebration of the Eucharist: General Aspects 279 c. The Valid Celebration of the Eucharist 281 d. The Licit Celebration of the Eucharist 281 e. The Minister of Holy Communion 284 f. The Administration of Viaticum 284 g. Participation in the Eucharist 285 h. The Reservation of the Blessed Sacrament 287 i. 'Communicatio in sacris' 287 j. Offerings for Masses 290 k. The Extra-ordinary Form of the Mass 291 5. Conclusion 294 Chapter 10 The Sanctifying Function of the Church (Book IV of the Code), Part I: The Sacraments, III, The Sacraments of Healing 295 1. Introduction 295 2. The Sacrament of Reconciliation 295 a. Doctrinal Foundations of Canonical Norms on Reconciliation 295 b. An Analysis of Key Canons (cc. 959-961) 298 c. Abuses in the Sacrament of Reconciliation 302 d. The Minister of Reconciliation and Confessional Faculties 306 e. Responsibilities of Confessors 308 f. Offences against the Sacrament of Reconciliation 310 g. The Duties of the Penitent 311 h. Indulgences 312 CONTENTS 3. The Sacrament of the Anointing of the Sick 314 a.
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