Department/School: Canon Law February 2020
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What Is Pastoral Activity? 1983 Code of Canon Law Can. 528 §1. a Pastor Is Obliged to Make Provision So That the Word of God I
What is Pastoral Activity? 1983 Code of Canon Law Can. 528 §1. A pastor is obliged to make provision so that the word of God is proclaimed in its entirety to those living in the parish; for this reason, he is to take care that the lay members of the Christian faithful are instructed in the truths of the faith, especially by giving a homily on Sundays and holy days of obligation and by offering catechetical instruction. He is to foster works through which the spirit of the gospel is promoted, even in what pertains to social justice. He is to have particular care for the Catholic education of children and youth. He is to make every effort, even with the collaboration of the Christian faithful, so that the message of the gospel comes also to those who have ceased the practice of their religion or do not profess the true faith. §2. The pastor is to see to it that the Most Holy Eucharist is the center of the parish assembly of the faithful. He is to work so that the Christian faithful are nourished through the devout celebration of the sacraments and, in a special way, that they frequently approach the sacraments of the Most Holy Eucharist and penance. He is also to endeavor that they are led to practice prayer even as families and take part consciously and actively in the sacred liturgy which, under the authority of the diocesan bishop, the pastor must direct in his own parish and is bound to watch over so that no abuses creep in. -
Tribunal New Sletter
Formal Process for Marriage Nullity Cases By: Very Rev. Lawrence Rasaian, JCD he Judicial Vicar, together with marriage may be invalid for T the tribunal staff, sends you all A three primary reasons: defective prayerful wishes on the Feast of St. Jo- Catholic form, a diriment impediment, seph. We discuss in this issue the use of or defective consent. In the previous the formal process for marriage nullity newsletter we had discussed the use of Volume 3, Issue 1 cases due to defective consent. Profes- the documentary process for cases con- sor Francis G. Morrisey, OMI, Saint cerning either defective Catholic form March 2019 Paul University, Canada, has written an or existence of impediments for a valid article on the “Formal Process for Mar- marriage celebration. This issue brings riage Nullity Cases.” He explains beau- out the use of the formal process for tifully the use of the formal process for cases concerning defective consent. The a marriage nullity case due to defective formal process is in fact applied for the consent based on a biblical principle, majority of the cases coming to the tri- “State your case and bring your proofs bunal. Anyone baptized or not, who was and let them take counsel together” a party to a marriage may petition to the (Isaiah 45: 21). He highlights further tribunal for a declaration of invalidity of that the primary focus in church court is his/her prior marriage if he/she wishes on “the truth,” rather than justice. Its to remarry in the Catholic Church. Mar- primary focus is on the validity or not of riage nullity cases are handled as con- the sacrament of the marriage, and the tentious processes, even if both parties procedures are designed to enable those want the declaration of invalidity. -
Joseph Ratzingerʼs Soteriological Inclusivism ABSTRACT This Article
Joseph Ratzingerʼs Soteriological Inclusivism ABSTRACT This article examines the position of Joseph Ratzinger with regard to the classical question in the field of the theology of religions, the salvation of non-Christians. In criticism of a recent book by Ambrose Mong, it is argued that Ratzinger is not a soteriological exclusivist but an optimistic restrictivist inclusivist. As explained by Gavin DʼCosta, restrictivist inclusivists allow for the salvation of non-Christians, though they do not regard non-Christian religions as salvific structures per se. While restricting the salvific activity of God to the human conscience or certain positive elements in non-Christian cultures, this kind of an inclusivist may still be a soteriological optimist, as proves to be the case with Ratzinger. Having examined the subjective and objective aspects of Ratzingerʼs inclusivism, namely the concepts of conscience and Stellvertretung (vicarious representation), the article shows that in the 2007 encyclical Spe Salvi the two lines of thought are combined by Pope Benedict XVI in a reinterpretation of the doctrine of Purgatory, in such a way that ʻthe great majorityʼ of men are believed to reach eternal salvation. In1 his 2015 book Are Non-Christians Saved? Joseph Ratzingerʼs Thoughts on Religious Pluralism, Ambrose Mong touches on the classical question in the field of the theology of religions from the perspective of the thought of Joseph Ratzinger, also known as Pope Benedict XVI.2 Can non-Christians be saved? Where should Joseph Ratzinger be situated with regard to the three standard alternatives of exclusivism, inclusivism, and pluralism? Surprisingly, despite Ratzingerʼs well-known interest in the theology of religions, this aspect of his thought has received remarkably little scholarly attention prior to Mong.3 On the other hand, the scarcity of 1 I would like to thank the Utrecht Network for the Young Researchers grant that enabled me to work on this article in November 2016 at the University of Malta. -
Experts in Church Courts: a Role Not Sacred
Experts in Church Courts: A Role Not Sacred John L. Young, MD, and Ezra E. H. Griffith, MD The increasing number of marriage annulments granted by the Catholic Church in recent years is gaining considerable public attention and arousing some controversy. I Members of the church's clergy2 and hierarchy3 have also expressed concern. This is not surprising in view of the actual data, as shown in Figure 1. Such data give the appearance of a decrease in the emphasis being placed on the permanence of marriage, a well-known church doctrine. Moreover, it is a significant change for some eight million divorced American Catholics that divorce, especially when combined with remar riage, might not mean separation from the church.4 Some have attributed the striking increase to the rising divorce rate; others to the renewal in church life associated with the Second Vatican Council in the 1960s. 5 This renewal encouraged an enrichment in under standing of marriage as well as a flourishing ministry to the increasing number of divorced Catholics. In addition, a much earlier and less widely known trend is of more fundamental importance. Shortly after World War II, the Sacred Roman Rota, the church's court of final resort in marriage cases, began to emphasize the psychologic requirements for a valid marriage6 and to encourage the use of psychiatric experts in the hearing of marriage cases. 7 The public's increasing attention to the phenomenon of growing annul ment rates stands in contrast to the psychiatric literature's virtual silence on the expert's role in this process. -
Office of the Tribunal TERMS USED in MARRIAGE CASES
Office of the Tribunal 215 N. Westnedge Street, Kalamazoo MI 49007-3760; 269-903-0215 TERMS USED IN MARRIAGE CASES Affirmative and negative decision. An affirmative decision means the Tribunal or Bishop has found a marriage to be proven invalid according to Church law, with more certainty. A negative decision means that invalidity has not been proven. Assessor. Tribunal official who helps evaluate proofs (evidence) for the Tribunal or Bishop who will judge the marriage case. Case name. To clearly identify a case, the last name of the man and the maiden name of the woman are used in conjunction with the case number (see below). Refer to both when contacting the Tribunal. Case number. A control number that identifies the case in conjunction with the case name (above). Refer to both when contacting the Tribunal. Code of Canon Law and Dignatis Connubii. The source of Catholic Church laws regulating marriage cases. College of judges. Panel of three judges who decide the case in an ordinary process. These are the presiding judge, the ponens and the associate judge. The ponens directs the process and commits the decision of the college to a written sentence. Decree or declaration of nullity or invalidity. A judgment by church authority that a marriage thought valid according to Catholic Church law, actually lacked at least one essential element required for a valid, binding union. Often but imprecisely called annulment. To declare the nullity of marriage is absolutely different from decreeing the annulment of the marriage. Defender of the Bond. Tribunal official who must review the case and present any reasonable arguments or observations, always respecting the truth, that contribute to protecting the bond of marriage and the integrity of the legal process. -
John George HUBER: Can a Pope and a Patriarch Lead Us Towards Greater Unity?
John George HUBER Can a Pope and a Patriarch Lead us towards Greater Unity? Ecumenism is not static, but it is always in a dynamic change as the different actors vary and individuals dialogue with others. Reflecting on my experiences as an Evangelical-Lutheran and as a life-long student of ecumenism, I will first write about my changing perceptions of Pope Benedict XVI. Then in the second part I will share my experiences at the Orientale Lumen Conference in San Diego. Perceptions change, but the common road of Jesus Christ draws us together, despite personal and denominational separations. I. Three Encounters with the “Enforcer of the Faith” who Became BENEDICT XVI When a cloud of white smoke wafted heavenward above the Sistine Chapel at the Vatican on April 19, 2005, some of us were hoping that the cardinal from Honduras would fill the shoes of the Fisherman. But this was not to be. The choice was Joseph Cardinal RatzingeR, who instantly assumed the papal title of Benedict XVI. 1. Dominus Iesus Why was I so apprehensive about this particular member of the Curia? During my research for the Master of Ecumenical Studies program at the Bossey Ecumenical Institute of the World Council of Churches (WCC), the name Joseph RatzingeR surfaced twice as I wrote a major paper on interconfessional agreements. My arrival at Bossey coincided with the announcement of the 120 release of a controversial document co-authored by this German cardinal who headed the Vatican’s Congregation for the Doctrine of the Faith. Its full title is Declaration Dominus Iesus on the Unicity and Salvific Universality of Jesus Christ and the Church, dated August 6, 2000, the Feast of the Transfiguration on the Roman Catholic liturgical calendar, and coincidentally the fifty-fifth anniversary of the dropping of the atomic bomb on Hiroshima, Japan. -
The Permission to Publish
THE PERMISSION TO PUBLISH A Resource for Diocesan and Eparchial Bishops on the Approvals Needed to Publish Various Kinds of Written Works Committee on Doctrine • United States Conference of Catholic Bishops The Permission to Publish A Resource for Diocesan and Eparchial Bishops on the Approvals Needed to Publish Various Kinds of Written Works Committee on Doctrine • United States Conference of Catholic Bishops The document The Permission to Publish: A Resource for Diocesan and Eparchial Bishops on the Approvals Needed to Publish Various Kinds of Written Works was developed as a resource by the Committee on Doctrine of the United States Conference of Catholic Bishops (USCCB). It was reviewed by the committee chairman, Archbishop William J. Levada, and has been author- ized for publication by the undersigned. Msgr. William P. Fay General Secretary, USCCB Excerpts from the Code of Canon Law: New English Translation. Translation of Codex Iuris Canonici prepared under the auspices of the Canon Law Society of America, Washington, D.C. © 1998. Used with permission. Excerpts from the Code of Canons of the Eastern Churches: New English Translation. Translation of Codex Canonum Ecclesiarum Orientalium pre- pared under the auspices of the Canon Law Society of America, Washington, D.C. © 2001. Used with permission. First Printing, June 2004 ISBN 1-57455-622-3 Copyright © 2004, United States Conference of Catholic Bishops, Washington, D.C. All rights reserved. No part of this work may be reproduced or transmit- ted in any form or by any means, electronic or mechanical, including photo- copying, recording, or by any information storage and retrieval system, with- out permission in writing from the copyright holder. -
HISTORY of the NATIONAL CATHOLIC COMMITTEE for GIRL SCOUTS and CAMP FIRE by Virginia Reed
Revised 3/11/2019 HISTORY OF THE NATIONAL CATHOLIC COMMITTEE FOR GIRL SCOUTS AND CAMP FIRE By Virginia Reed The present National Catholic Committee for Girl Scouts and Camp Fire dates back to the early days of the Catholic Youth Organization (CYO) and the National Catholic Welfare Conference. Although it has functioned in various capacities and under several different names, this committee's purpose has remained the same: to minister to the Catholic girls in Girl Scouts (at first) and Camp Fire (since 1973). Beginnings The relationship between Girl Scouting and Catholic youth ministry is the result of the foresight of Juliette Gordon Low. Soon after founding the Girl Scout movement in 1912, Low traveled to Baltimore to meet James Cardinal Gibbons and consult with him about her project. Five years later, Joseph Patrick Cardinal Hayes of New York appointed a representative to the Girl Scout National Board of Directors. The cardinal wanted to determine whether the Girl Scout program, which was so fine in theory, was equally sound in practice. Satisfied on this point, His Eminence publicly declared the program suitable for Catholic girls. In due course, the four U.S. Cardinals and the U.S. Catholic hierarchy followed suit. In the early 1920's, Girl Scout troops were formed in parochial schools and Catholic women eagerly became leaders in the program. When CYO was established in the early 1930's, Girl Scouting became its ally as a separate cooperative enterprise. In 1936, sociologist Father Edward Roberts Moore of Catholic charities, Archdiocese of New York, studied and approved the Girl Scout program because it was fitting for girls to beome "participating citizens in a modern, social democracy." This support further enhanced the relationship between the Catholic church and Girl Scouting. -
Canonical Aspects of the Relationship Between the Patriarch and the Synod of Bishops in a Patriarchal Church
CANONICAL ASPECTS OF THE RELATIONSHIP BETWEEN THE PATRIARCH AND THE SYNOD OF BISHOPS IN A PATRIARCHAL CHURCH by James SALAMY Research Seminar – DCA 6395 Prof. John HUELS Faculty of Canon Law Saint Paul University Ottawa 2018 © James Salamy_2018 2 TABLE OF CONTENTS 1 – A PERICHORESIS OF THE ONE AND THE MANY ........................................................1 1.1 – Practical Advantages .........................................................................................................1 1.2 – Definitions.........................................................................................................................1 1.2.1 – Patriarch ...................................................................................................................1 1.2.2 – Synod of Bishops .....................................................................................................8 2 – THE POWERS OF THE PATRIARCH AND THE SYNOD OF BISHOPS ..................12 2.1 – Intermediate Authority ....................................................................................................12 2.2 – In Relation to the Patriarchal Territory ...........................................................................15 2.2.1 – Inside the Patriarchal Territory ..............................................................................19 2.2.2 – Outside of the Patriarchal Territory .......................................................................27 3 – THE ALLOCATION OF POWER ......................................................................................32 -
Papacy Supported Various Oper- IX E X,” Archivo Storico Per Le Provincie Napoletani, Ations in Which “Reconquest” Contested with Piracy
SCHISM beach at Ostia, sailed up the Tiber, and pillaged the areas these grounds by the inhabitants of the March of Ancona of Rome outside the Aurelian wall, including the basili- (Registres, no. 73) and the diocese of Tarragona (no. cas of ST. PETER’S and ST. PAUL’S OUTSIDE THE WALLS. 3731), and gave out authorizations for trading to the in- The response was swift and effective. After GREGORY IV habitants of the diocese of Cuenca (no. 3303), Mallorca built, unsuccessfully, a fortress at Ostia (Gregoriopolis), (no. 3731), and the Latin Empire of Constantinople (nos. LEO IV fortified the Leonine City in Rome and in 854 re- 6586 and 6831). built and fortified Centumcellae on the present site of Religious and intellectual relations had to be ap- Civitavecchia (Leopolis). JOHN VIII fortified St. Paul’s proached with similar subtlety. Any attempt at mission- Outside the Walls and acquired a navy. In 849, another ary activity was vain, but a better acquaintance with raid was checked by the fleets of Naples and Amalfi off Islam was soon acquired. The Qur’an was translated on Ostia. the initiative of the abbot of Cluny in 1141–3. Ignorance The danger was more serious in southern Italy, whose was rife, and on both sides. Yet for all the Christians who political dismemberment would later ensure the Nor- continued to believe that Muhammad worshiped Venus mans’ success. Here the Saracens settled in. In 838, they and Apollo and that the “Mohammedans” were pagans occupied Brindisi and Taranto; from there, the au- or heretics, there were many intellectuals of the 13th tonomous Byzantine duchy of Naples called on their help century who proclaimed their admiration for Arab sci- against the Lombards of Benevento. -
Reconciling Evangelization and Dialogue Through Love of Neighbor
Volume 52 Issue 2 Article 4 2007 Reconciling Evangelization and Dialogue through Love of Neighbor Amelia J. Uelmen Follow this and additional works at: https://digitalcommons.law.villanova.edu/vlr Part of the Law Commons Recommended Citation Amelia J. Uelmen, Reconciling Evangelization and Dialogue through Love of Neighbor, 52 Vill. L. Rev. 303 (2007). Available at: https://digitalcommons.law.villanova.edu/vlr/vol52/iss2/4 This Article is brought to you for free and open access by Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Villanova Law Review by an authorized editor of Villanova University Charles Widger School of Law Digital Repository. Uelmen: Reconciling Evangelization and Dialogue through Love of Neighbor 2007] RECONCILING EVANGELIZATION AND DIALOGUE THROUGH LOVE OF NEIGHBOR AMELIA J. UELMEN* I. INTRODUCTION A. Pope Benedict and InterreligiousDialogue A year and a half into his papacy, Benedict XVI faced his first major .£l~international crisis. On September 12, 2006, he delivered an aca- demic lecture in Germany at the University of Regensburg on the theme of faith and reason in Western culture.1 In the context of a discussion on compulsion in religion, Benedict referred to a fourteenth century dia- logue in which the Byzantine Emperor addressed an Islamic scholar: "Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman such as the command to spread by the 2 sword the faith he preached." Two days later the Organization of the Islamic Conference, represent- ing fifty-seven Islamic states, issued a press statement expressing "regret" for the "derogatory fallacies defaming Islam," and for the "smear cam- paign" that indulged in "character assassination of the prophet Moham- med." 3 In the days that followed, protests, some violent, occurred in Jakarta, Delhi, London and other cities. -
Declaring a Marriage Null (Decree of Nullity Process)
DECLARING A MARRIAGE NULL 2020 EDITION INTRODUCTION You, or someone you love, values life in the Catholic Church. Those who choose to participate in the process of seeking a declaration of nullity are choosing an opportunity for a fuller expression of their faith in the church, or are allowing their loved one to experience peace of mind regarding divorce and the possibility of remarriage. It is comforting to know that Christian marriage, as one of the church’s seven sacraments, is precious to us, and a real symbol of God’s love for humanity. That is why it is so important to preserve the integrity of the sacrament. In order for a marriage to qualify as a true marriage, it needs to be a lifelong and faithful union of a man and a woman that is modeled after Christ’s love for the church. In that way it must be ordered toward the good of the spouses, the growth and support of the love relationship, and its fruitfulness in bearing and educating children. Like God’s love, marriage is creative and life giving. It invites us to come into contact with the presence and power of God. As divorce rates indicate, many couples do not reach the completion of their matrimonial commitment. The church is sensitive to this problem and strives to be responsive to the needs of these individuals so that they may live good and productive lives in the church and in society. WHAT IS A DECLARATION OF NULLITY? A declaration of nullity by the church, or as it is more commonly called, an annulment, is an acknowledgment that a particular couple never achieved a full marriage commitment.