Canon Law Society of America Proceedings of the Sixty-Third
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CANON LAW SOCIETY OF AMERICA PROCEEDINGS OF THE SIXTY-THIRD ANNUAL CONVENTION ALBUQUERQUE, NEW MEXICO OCTOBER 8-11,2001 ©Copyright 2001 by Canon Law Society of America ISBN 0-943616-91-3 SAN 237-6296 All rights reserved. No part of this book may be reproduced in any manner without permission of the copyright holder, except for brief quotations in critical reviews and articles. Printed in the United States of America Canon Law Society of America The Catholic University of America Caldwell Hall, 431 Washington, D.C. 20064 TABLE OF CONTENTS ADDRESSES One Church, Many Cultures Rev. Drew Christiansen S.J. 1 Many Peoples Living in One Church Most Rev. Donald Pelotte, S.S.S. 11 Law in the Service of Church in America Very Rev. John A. Renken 17 SEMINARS Canonical Issues in Due Process Rev. Thomas T. Brundage 37 Bishops and the Apostolates of Religious Rev. James J. Conn, S.J. 49 Pastoral Care of Migrants and The Code of Canons of the Eastern Churches Chorbishop John D. Faris 85 Error Rev. Msgr. James Graham 101 Use of the Computer and Internet Resources for Canon Law Rev. PaulHartmann Ill Ministry to the Sick and Dying in view of the Shortage of Priests Rev. John Huels, O.S.M. 127 Elements of a Judicial Sentence Rev. John G. Johnson 147 Communicatio in Sacris: An Effort to Express the Unity of Christians or Simply an Exercise in Politeness? Rev. Aidan McGrath, O.F.M. 173 Canonical Ministry to Migrants Most Rev. Ricardo Ramirez, C.S.B 215 Sr. Catherine Darcy, R.S.M. Anointing of the Sick - Theological Issues Sr. Susan K. Woods, S.C.L 233 in OFFICERS' REPORTS President Rev. Msgr. Robert P. Deeley 255 Treasurer Sr. Margaret Stallmeyer, C.D.P. 261 Auditors' Report 262 Budget FY 2001-2001 279 Executive Coordinator Rev. Arthur J. Espelage, O.F.M. 287 COMMITTEE REPORTS CONSTITUTIONAL COMMITTEES Budget 299 Convention Planning 299 Nominations 303 Professional Responsibility 305 Resolutions 305 ON-GOING COMMITTEES Advisory Opinions • 307 American Jurisprudence 309 Canon Law Digest 310 Civil and Canon Law 310 Electronic Media 312 Investment Review 313 Marriage Research 314 Publications Committee 315 Roman Replies 317 Scholarship Fund 318 Translation of Legislative Texts 320 PROJECTS Annotated Bibliography 321 Canonical Advocacy Study 321 Eastern Canon Law 322 Ex Corde Ecclesiae Application 323 Festschrift in Honor of Lawrence Wrenn 324 Parish Life Handbook 325 Parish Viability 325 iv Revisions of the English Translation of the Code of Canons of the Eastern Churches 326 Rome 2005 Convention Committee 327 Selection of Bishops 327 CONVENTION General Convention 328 Convention Liturgies 328 Tribunal Statistics 2000 331 BUSINESS MEETING Minutes 345 MISCELLANEOUS Homily Most Rev. Michael J. Sheehan 363 Citation for the Role of Law Award Rev. Msgr. Robert P. Deeley 365 Response, Role of Law Award Rev. Ellsworth Kneal 367 Contributors : 371 FORWARD The Canon Law Society of America annually publishes CLSA Proceedings to members and others in the canonical community from the major addresses and seminars presented at the annual convention. The request consistently existed over the years that publication take place as soon as possible after the convention. The proceedings of the sixty-third annual convention, October 8-11, 2001 at Albuquerque, New Mexico represent an attempt to meet that request. In the collection of materials for this manuscript, I wish to express my gratitude to the presenters who provided their final texts in a most timely fashion. Each of the presenters in this volume of CLSA Proceedings performs many tasks in their day to day ministry in the Church; their contributions represent both their mastery of the material and skill in presenting their topic as well as a commitment to make their presentations available in written form. Preparation of the texts for publication was facilitated this year by the submission of electronic versions of the presentations. In the preparation of texts, every attempt was made to maintain consistency by relying on both The Chicago Manual of Style and the style of previous issues of CLSA Proceedings. Those who attended the Albuquerque convention will notice two seminar omissions in the written proceedings. Due to circumstances beyond CLSA control, the final text of "The Role of Canon Law and Civil Law in the Protection of Ecclesiastical Goods of Catholic Institutes" by Sr. Melanie DiPietro, SC will not be available until the Summer of 2002. The Reverend Michael P. Hilbert, SJ. choose not to submit a manuscript for his seminar "Recent Developments in Rotal Jurisprudence." I wish to also express my gratitude to Joy Harrell, project assistant at the Office of the Executive Coordinator who collated, formatted, and prepared the camera ready text of this year's proceedings. CLSA Proceedings 63 (2001) becomes an additional professional resource offered by the Canon Law Society of America. The text contains a high degree of consistency and accuracy which further scholarly research would confirm in individual instances. Additional copies of this volume may be found at CLSA PUBLICATIONS, P.O. Box 463, Annapolis Junction, MD 20701-0463. Arthur J. Espelage, O.F.M. Office of the Executive Coordinator Canon Law Society of America Washington, DC 20064 CLSA PROCEEDINGS 63 (2001) 1-10 ONE CHURCH, MANY CULTURES REV. DREW CHRISTIANSEN, S.J. My thanks for that welcome, and to Art Espelage who made the contact, and to Ann Rehrauer, who put in the first telephone call. As you know, Gus DiNoia and I are in a way exchanging positions. He is in the role of 'expert' now, laboring in Rome, and I am in his place giving the keynote because I was an expert at the Synod of America. Being a peritus for a synod is rather like being a graduate student. Most of the experts are there taking notes on specified themes during the various presentations of the bishops and auditors to help prepare the first document that goes out to the members of synod attempting to delineate the lines of thinking that have been developing during the first week or so of presentations. In my case I also found myself pressed into unexpected service to do a fair amount of translation. I protested that the language I had indicated as my second language was French, not Spanish. Archbishop George, one of the secretaries of the synod replied, "Someone's decided you're going to be a translator. You are translating." So my weekends were given to translating, and just as I began to breathe a sigh of relief that I might get an afternoon off, I was seconded to the message committee to assist in their work. The only advantage to that was that the person who recruited me was Dennis Schnurr, then our general secretary, now the bishop of Dulufh, and Dennis said to me, "Drew, as long as you're willing to do some drafting, I will do all the typing, all the copying, anything that needs to be done." So, for that week or so that we did the message, the general secretary was my assistant. I hope that all of you will join in the discussion later. I do not come here with canonical expertise. I do no have even a sophisticated understanding of the theology of Koinonia which Gus DiNoia might have had in relation to some of the deeper issues of ecclesiology. But I do bring a firsthand experience of the synod and I hope that will help fill in some of the background, of the dynamics, and of unresolved questions that still stand before all the Church in America. I have to say, too, that I come here with a bit of trepidation. I am used to questioning foreign ministers in my work for the bishops, meeting with presidents, and occasionally receiving a demarche from a minister of religion, but it puts me a little on my guard that I am addressing five hundred canonists. So I hope you'll be understanding. 1 Introductory: A Question of Geography In the beginning, and actually for some time on, there was a question, particularly among the English-speakers: Why is this the Synod for America! Our English language, and especially our American usage, talks of the Americas, not of America in the singular. Richard Neuhaus, in his book Appointment in Rome, which is a memoir of his time with us at the Synod, recalls running into my Jesuit brother, Tom Reese, who as you know has a slightly jaundiced view of some things, having written a book called Inside the Vatican. When asked about the synod's title, Tom quipped, "Well, they're just using old atlases in the Vatican." As I learned later, as we worked with the experts and later with the message committee, the English language really has a different geography than the Romance languages. The French, and especially the Spanish, speak of one continent. What we call 'the Hemisphere,', they call El Continente. And when you try to talk about hemisphere, they say, "No, no, no. There's only east-west; there's no north-south" in terms of hemispheres. And so eventually the Anglicophones had to yield, and say, "Okay, we talk about America, plain and simple." In Ecclesia America, no.5, the Holy Father wrote, "On the threshold of third Christian millennium, and at a time when ideological barriers have fallen, the Church feels absolutely duty-bound to bring into still deeper spiritual union the peoples who compose this great continent, and also to stir among these people a spirit of solidarity." He continues, "The decision to speak of America in the singular was an attempt to speak not only of the unity which is in some way already existent, but also to point to the closer bond which the peoples of the continent seek and which the Church fosters as part of her own mission." The Holy Father then looked back to the 1992 general meeting of CELAM, at the time of the quincentennial, when he first proposed a single meeting to address, as he said, "Problems relating to justice and solidarity among all the nations of America." Later, in Tertio Millennium Adveniente, he called for a new evangelization, and went on to call for a discussion on issues of justice and of international economic relations in view of the enormous gap between north and south.