Cardinal Egan Emphasized Schools, Vocations As Archbishop of New York
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Stages of Papal Law
Journal of the British Academy, 5, 37–59. DOI https://doi.org/10.5871/jba/005.037 Posted 00 March 2017. © The British Academy 2017 Stages of papal law Raleigh Lecture on History read 1 November 2016 DAVID L. D’AVRAY Fellow of the British Academy Abstract: Papal law is known from the late 4th century (Siricius). There was demand for decretals and they were collected in private collections from the 5th century on. Charlemagne’s Admonitio generalis made papal legislation even better known and the Pseudo-Isidorian collections brought genuine decretals also to the wide audience that these partly forged collections reached. The papal reforms from the 11th century on gave rise to a new burst of papal decretals, and collections of them, culminating in the Liber Extra of 1234. The Council of Trent opened a new phase. The ‘Congregation of the Council’, set up to apply Trent’s non-dogmatic decrees, became a new source of papal law. Finally, in 1917, nearly a millennium and a half of papal law was codified by Cardinal Gasparri within two covers. Papal law was to a great extent ‘demand- driven’, which requires explanation. The theory proposed here is that Catholic Christianity was composed of a multitude of subsystems, not planned centrally and each with an evolving life of its own. Subsystems frequently interfered with the life of other subsystems, creating new entanglements. This constantly renewed complexity had the function (though not the purpose) of creating and recreating demand for papal law to sort out the entanglements between subsystems. For various reasons other religious systems have not generated the same demand: because the state plays a ‘papal’ role, or because the units are small, discrete and simple, or thanks to a clear simple blueprint, or because of conservatism combined with a tolerance of some inconsistency. -
The Catholic Church in the Czech Republic
The Catholic Church in the Czech Republic Dear Readers, The publication on the Ro- man Catholic Church which you are holding in your hands may strike you as history that belongs in a museum. How- ever, if you leaf through it and look around our beauti- ful country, you may discover that it belongs to the present as well. Many changes have taken place. The history of the Church in this country is also the history of this nation. And the history of the nation, of the country’s inhabitants, always has been and still is the history of the Church. The Church’s mission is to serve mankind, and we want to fulfil Jesus’s call: “I did not come to be served but to serve.” The beautiful and unique pastoral constitution of Vatican Coun- cil II, the document “Joy and Hope” begins with the words: “The joys and the hopes, the grief and the anxieties of the men of this age, especially those who are poor or in any way afflicted, these are the joys and hopes, the grief and anxieties of the followers of Christ.” This is the task that hundreds of thousands of men and women in this country strive to carry out. According to expert statistical estimates, approximately three million Roman Catholics live in our country along with almost twenty thousand of our Eastern broth- ers and sisters in the Greek Catholic Church, with whom we are in full communion. There are an additional million Christians who belong to a variety of other Churches. Ecumenical cooperation, which was strengthened by decades of persecution and bullying of the Church, is flourishing remarkably in this country. -
The Jurisprudence of the Tribunal of Roman Rota As Precedents to the Local Church Tribunals
The Jurisprudence of the Tribunal of Roman Rota as Precedents to the Local Church Tribunals Anthony B. C. Chiegboka and Kanayo Louis Nwadialor DOI: http://dx.doi.org/10.4314/ujah.v14i1.11 Abstract The Apostolic tribunals especially the tribune of the Roman Rota is charged with the unity of jurisprudence and the responsibility to oversee the proper administration of justice since the doctrine of judicial precedents do not exist within the canonical jurisprudence of the local Churches. As such the local Churches must look to the jurisprudence and praxis of the Roman Curia in supplying for an express prescription of law. In line with the above therefore, this paper has discussed the basic issues of the Roman Rota as it is endowed with the status of judicial precedents considered necessary to serve as a guide and orientation for the interpretation of law in the local Church tribunals. Introduction John Paul 11(1988) provided for the judicial competences of some tribunals of the dicasteries of the Roman Curia (e.g. Congregation for Doctrine of Faith on graviora delicta-art 53; Congregation for Divine Worship and Discipline of Sacraments, non-consummation-art 67 and nullity of ordination-art 68 etc.) differently from the de facto Apostolic Tribunals (i.e. The Apostolic Penitentiary-artt. 117-120; The Supreme Tribunal of the Apostolic Signatura-artt. 121-125 and The Tribunal of the Roman Rota-artt. 126-130). These dicasteries present different nuances of authority and 185 Chiegboka & Nwadialor: The Jurisprudence of the Tribunal of Roman Rota as … authenticity. For instance, there is no appeal against the judgement of the Supreme Tribunal of the Apostolic Signatura (can 1629, 1°) and the Congregation for Doctrine of faith in graviora delicta (grave delicts) cases. -
Process and Policy in the Courts of the Roman Curiat
CALIFORNIA LAW REVIEW [Vol. 58:628 The Steady Man: Process and Policy in the Courts of the Roman Curiat John T. Noonan, Jr.* The two marriages of Charles, Duke of Lorraine, led to one of the most fascinating canonical trials of the seventeenth century. Professor Noonan uses this trial and its attendant circumstances as a springboard from which to examine the policies, procedures, and politics of post-RenaissanceRoman Catholic law. His Article under- lines the problems faced by a legal system that attempts to regulate the relationshipbetween man and woman. In broader perspective, it analyzes the reaction of a legal system forced to compromise between abstract social values and practical necessity. Professor Noonan's analytical framework can be profitably utilized as a tool to examine the manner in which our current social policies are implemented and administered. Anthropology rightly devotes great effort to deciphering the primi- tive attempts of men to make law in the primordial patterns, for from this effort will come material to illuminate our own behavior. But just as child psychology does not exhaust the study of man, so there is need to understand critically the functions of law in a more sophisticated phase. In its developed uses we are more likely to see analogues to our present problems, more likely to gain insights into the purposes, perver- sions, characteristics, and limits of the legal way of ordering human behavior in a mature society. Especially is this true of a system far enough removed from our own to be looked at from a distance but close enough in its assumption and its methods so that comprehension is not strained. -
Doctrine, Law and Practice in Light of Mitis Iudex and Amoris Laetitia”
“Doctrine, Law and Practice in Light of Mitis Iudex and Amoris Laetitia” Keynote Address for the North West Regional Canon Law Convention Portland, Oregon May 2, 2017 † Most Reverend Thomas John Paprocki* My dear brothers and sisters in Christ: It is good to be with you here at the North West Regional Canon Law Convention. The topic of my presentation is, “Doctrine, Law and Practice in Light of Mitis Iudex and Amoris Laetitia.” There are many issues pertaining to justice and mercy in relation to doctrine, canon law and pastoral practices regarding marriage and divorce that have arisen from two documents issued by His Holiness Pope Francis: first, his Apostolic Letter issued motu proprio, Mitis Iudex Dominus Iesus, by which the canons of the Code of Canon Law pertaining to cases regarding the nullity of marriage were reformed, with an effective date of December 8, 2015; second, his Post-Synodal Apostolic Exhortation, Amoris Laetitae, on love in the family, issued on the Solemnity of Saint Joseph, March 19, 2016. *Bishop of Springfield in Illinois and Adjunct Professor of Law, Notre Dame Law School, South Bend, Indiana, and Loyola University Chicago School of Law. 2 LAW FOLLOWS THEOLOGY In discussing these issues, it is essential to see that law in the Church is not just a question of following rules, but how the law guides our free moral choices between right and wrong as disciples of Jesus of Christ and stewards of God’s creation. As a canon lawyer and as a professor of canon law, I have always tried to abide by the maxim, “law follows theology,” that is, law does not emerge ex nihilo, out of nothing, nor does it exist in a vacuum isolated from its moral and theological underpinnings. -
2021 Semifinalists for the U.S. Presidential Scholars Program
Semifinalists for the U.S. Presidential Scholars Program April 2021 * Semifinalist for U.S. Presidential Scholar in Arts. ** Semifinalist for U.S Presidential Scholar in Career and Technical Education. *** Semifinalist for U.S. Presidential Scholar and U.S. Presidential Scholar in the Arts. **** Semifinalist for U.S. Presidential Scholar and U.S. Presidential Scholar in Career and Technical Education. Alabama AL - Gabriel Au, Auburn - Auburn High School AL - Gregory T. Li, Spanish Fort - Alabama School of Mathematics and Science AL - Joshua Hugh Lin, Madison - Bob Jones High School AL - Josie McGuire, Leeds - Leeds High School AL - Nikhita Sainaga Mudium, Madison - James Clemens High School AL - Soojin Park, Auburn - Auburn High School **AL - Brannan Cade Tisdale, Saraland - Saraland High School AL - Cary Xiao, Tuscaloosa - Alabama School of Math & Science AL - Ariel Zhou, Vestavia Hills - Vestavia Hills High School Alaska AK - Ezra Adasiak, Fairbanks - Austin E. Lathrop High School AK - Margaret Louise Ludwig, Wasilla - Mat-Su Career and Technical High School AK - Evelyn Alexandra Nutt, Ketchikan - Ketchikan High School AK - Alex Prayner, Wasilla - Mat-Su Career and Technical High School AK - Parker Emma Rabinowitz, Girdwood - Hawaii Preparatory Academy AK - Sawyer Zane Sands, Dillingham - Dillingham High School Americans Abroad AA - Haddy Elie Alchaer, Maumelle - International College AA - Sebastian L. Castro, Tamuning - Harvest Christian Academy AA - Victoria M. Geehreng, Brussels - Brussels American School AA - Andrew Woo-jong Lee, Hong Kong - Choate Rosemary Hall AA - Emily Patrick, APO - Ramstein American High School AA - Victoria Nicole Maniego Santos, Saipan - Mount Carmel High School Arizona AZ - Gabriel Zhu Adams, Mesa - BASIS Mesa AZ - Jonny Auh, Scottsdale - Desert Mountain High School *AZ - Yuqi Bian, Cave Creek - Interlochen Arts Academy AZ - Manvi Harde, Chandler - Hamilton High School AZ - Viraj Mehta, Scottsdale - BASIS Scottsdale Charter AZ - Alexandra R. -
The Obligation of the Christian Faithful to Maintain
THE OBLIGATION OF THE CHRISTIAN FAITHFUL TO MAINTAIN ECCLESIAL COMMUNION WITH PARTICULAR REFERENCE TO ORDINATIO SACERDOTALIS by Cecilia BRENNAN Master’s Seminar – DCA 6395 Prof. John HUELS Faculty of Canon Law Saint Paul University Ottawa 2016 ©Cecilia Brennan, Ottawa, Canada, 2016 2 TABLE OF CONTENTS INTRODUCTION……………………………………………………………………3 1 – THE OBLIGATION TO MAINTAIN ECCLESIAL COMMUNION ………5 1.1 – The Development and Revision of canon 209 §1 …………………………...6 1.1.1 The text of the Canon ………………………………..……………… 7 1.1.2 The Terminology in the Canon …………………………….……..….. 7 1.2 – Canonical Analysis of c. 209 §1 ………………………………………..… 9 1.3 –Communio and Related Canonical Issues ………………………………..... 10 1.3.1 Communio and c. 205 …………..…………………………………… 10 1.3.2 Full Communion and Incorporation into the Church ………….…… 11 1.3.3 The Nature of the Obligation in c. 209 §1 ………………………….. 13 2 –THE AUTHENTIC MAGISTERIUM ………………………………………… 16 2.1 – Magisterium ………………………..………………………………….….… 18 2.1.1 Authentic Magisterium …………….…………………………..……. 18 2.1.2 Source of Teaching Authority….…………….………………………. 19 2.2 – Levels of Authentic Magisterial Teachings ………………………..………. 20 2.2.1. Divinely Revealed Dogmas (cc. 749, 750 §1) …………………..… 22 2.2.2 Teachings Closely Related to Divine Revelation (c. 750 §2) ……..... 25 2.2.3. Other Authentic Teachings (cc. 752-753) ………………………….. 26 2.3 – Ordinary and Universal Magisterium ……………………………………….. 27 2.3.1 Sources of Infallibility ………………………………………………. 29 2.3.2 The Object of Infallibility …………………………..…….….……… 30 3 – ORDINATIO SACERDOTALIS ……………………………………………….. 32 3.1 – Authoritative Status of the Teaching in Ordinatio sacerdotalis ……….…. 33 3.1.1 Reactions of the Bishops ……………………………………………..33 3.1.2 Responsum ad propositum dubium ……………..……………………35 3.2 – Authority of the CDF ………………………………………………………37 3.3 – Exercise of the Ordinary and Universal Magisterium …………………..… 39 3.3.1 An Infallible Teaching ………………….……………..……………. -
Summary of Hierarchical Structure in the Roman Catholic Church
HIERARCHICAL STRUCTURE IN THE ROMAN CATHOLIC CHURCH Eithne D’Auria : 10 December 2007 1. What are the institutional structures of your religious organisation? Legislative Bodies: Supreme Pontiff; Congregations of Roman Curia by special mandate; Bishops’ Conferences (assemblies of bishops of a territory - for their own territories); Diocesan bishops (for their own territories); Institutes of Consecrated Life (for their own members, with approval of the Holy See). Administrative Bodies: Pope has supreme authority. College of Bishops = all bishops in communion with Pope, also has supreme authority (cannot act without Pope). College of Cardinals assist Pope collegially; obligation to cooperate closely with Pope; prerogative to elect Pope; presided over by Dean, who is ‘first among equals’. Synod of Bishops (representatives of bishops throughout the world) discusses matters presented to it by Pope and makes recommendations. Roman Curia: (Government of the Holy See) = Secretariat of State + 9 Congregations + 3 Tribunals + other Institutes. Without special mandate by the Pope, the Dicastories (departments), usually headed by cardinals are administrative, not legislative, bodies. Papal Legates/delegates represent Pope at particular churches/State governments. Bishops’ Conferences: teaching and pastoral authority. Bishops: have ‘all ordinary, proper and immediate power’ required for governing the diocese. Diocesan curia consists of priests and laity who assist bishop in governing entire diocese, especially in directing pastoral action. Judicial Bodies: Pope (no appeal against a judgement or decree of Pope); Tribunals of Apostolic See = Apostolic Signatura (supreme tribunal); The First Section of the Apostolic Signatura serves as watchdog - ultimate responsibility to oversee the proper administration of lower courts and has judicial competence. Second Section handles all controversies arising from administrative acts. -
The Holy See
The Holy See APOSTOLIC LETTER ISSUED MOTU PROPRIO NORMAS NONNULLAS OF THE SUPREME PONTIFF BENEDICT XVI ON CERTAIN MODIFICATIONS TO THE NORMS GOVERNING THE ELECTION OF THE ROMAN PONTIFF With the Apostolic Letter De Aliquibus Mutationibus in Normis de Electione Romani Pontificis, issued Motu Proprio in Rome on 11 June 2007, the third year of my Pontificate, I established certain norms which, by abrogating those laid down in No. 75 of the Apostolic Constitution Universi Dominici Gregis, promulgated on 22 February 1996 by my Predecessor Blessed John Paul II, reinstated the traditional norm whereby a majority vote of two thirds of the Cardinal electors present is always necessary for the valid election of a Roman Pontiff.Given the importance of ensuring that the entire process of electing the Roman Pontiff is carried out in the best possible way at every level, especially with regard to the sound interpretation and enactment of certain provisions, I hereby establish and decree that several norms of the Apostolic Constitution Universi Dominici Gregis, as well as the changes which I myself introduced in the aforementioned Apostolic Letter, are to be replaced by the following norms:No. 35. "No Cardinal elector can be excluded from active or passive voice in the election of the Supreme Pontiff, for any reason or pretext, with due regard for the provisions of Nos. 40 and 75 of this Constitution."No. 37. "I furthermore decree that, from the moment when the Apostolic See is lawfully vacant, fifteen full days must elapse before the Conclave begins, in order to await those who are absent; nonetheless, the College of Cardinals is granted the faculty to move forward the start of the Conclave if it is clear that all the Cardinal electors are present; they can also defer, for serious reasons, the beginning of the election for a few days more. -
THE CASE of the BISHOP of PRATO T
The Catholic Lawyer Volume 4 Number 3 Volume 4, Summer 1958, Number 3 Article 10 The Case of the Bishop of Prato Pio Ciprotti Follow this and additional works at: https://scholarship.law.stjohns.edu/tcl 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]. THE CASE OF THE BISHOP OF PRATO t Pro CIPROTTI* T HE TRIAL OF THE BISHOP OF PRATO is the first criminal proceeding brought in Italy since 1870 against a bishop upon the basis of an act performed by him in exercise of his functions. Accusations of "abuse of electoral propaganda" have been made on several occasions, but in each case the instructing magistrate dismissed the information upon the grounds that it failed to charge a crime. The accused bishops, therefore, were not brought to trial. It is for this reason that public opinion in Italy has been so disturbed by the trial of Bishop Fiordelli. The Facts The Bishop of Prato had been pursuing for some time a vigorous pastoral campaign to make his people mindful of the grave sin and the canonical sanctions incurred by Catholics who attempt civil marriage.' The first pastoral letter issued by Bishop Fiordelli as Ordinary of Prato, in Lent of 1955, set out the Catholic doctrine on marriage and the family tTranslation by Rev. William F. Cahill, Professor of Law, St. -
The Holy See
The Holy See APOSTOLIC CONSTITUTION PASTOR BONUS JOHN PAUL, BISHOP SERVANT OF THE SERVANTS OF GOD FOR AN EVERLASTING MEMORIAL TABLE OF CONTENTS Introduction I GENERAL NORMS Notion of Roman Curia (art. 1) Structure of the Dicasteries (arts. 2-10) Procedure (arts. 11-21) Meetings of Cardinals (arts. 22-23) Council of Cardinals for the Study of Organizational and Economic Questions of the Apostolic See (arts. 24-25) Relations with Particular Churches (arts. 26-27) Ad limina Visits (arts. 28-32) Pastoral Character of the Activity of the Roman Curia (arts. 33-35) Central Labour Office (art. 36) Regulations (arts. 37-38) II SECRETARIAT OF STATE (Arts. 39-47) 2 First Section (arts. 41-44) Second Section (arts. 45-47) III CONGREGATIONS Congregation for the Doctrine of the Faith (arts. 48-55) Congregation for the Oriental Churches (arts. 56-61) Congregation for Divine Worship and the Discipline of the Sacraments (arts. 62-70) Congregation for the Causes of Saints (arts. 71-74) Congregation for Bishops (arts. 75-84) Pontifical Commission for Latin America (arts. 83-84) Congregation for the Evangelization of Peoples (arts. 85-92) Congregation for the Clergy (arts. 93-104) Pontifical Commission Preserving the Patrimony of Art and History (arts. 99-104) Congregation for Institutes of Consecrated Life and for Societies of Apostolic Life (arts. 105-111) Congregation of Seminaries and Educational Institutions (arts. 112-116) IV TRIBUNALS Apostolic Penitentiary (arts. 117-120) Supreme Tribunal of the Apostolic Signatura (arts. 121-125) Tribunal of the Roman Rota (arts. 126-130) V PONTIFICAL COUNCILS Pontifical Council for the Laity (arts. -
May 8, 1959 Catholic Church
Seton Hall University eRepository @ Seton Hall The aC tholic Advocate Archives and Special Collections 5-8-1959 The Advocate - May 8, 1959 Catholic Church Follow this and additional works at: https://scholarship.shu.edu/catholic-advocate Part of the Catholic Studies Commons, and the Missions and World Christianity Commons Recommended Citation Catholic Church, "The Advocate - May 8, 1959" (1959). The Catholic Advocate. 56. https://scholarship.shu.edu/catholic-advocate/56 Parents Grateful for S-2 The Advocte The parents of school of high graduates the State tem the of New of State Jersey was of New privately founded Jersey can be thankful for the action of our and financed the great by sacrifices on the part of the legislature in the of Senate Bill passage 2. people of the state. Hiis bill will • provide $4OO scholarships to needy statesman knows Every that an educated and citizenry qualified students. is the greatest asset a state can have. Official Giving our high Publication of the It has been a to school Archdiocese of Newark, N. and of Uie long process effectuate the pas- graduates, especially those with J., Diocese of Paterson, N. J. qualifications sage of this bill. The State of New but without Jersey by the financial resources, the Vol. 8, No. 19 pas- opportunity to go of FRIDAY, MAY 8, 1959 sage this bill has at last to a of their PRICE: TEN CENTS long recognized the great college own choosing is truly democratic benefit that can come the and by state directly aiding the American. candidate for a college education, allowing him to se- The New Jersey Legislature of 1959 with bi- lect its a of his New college or university own choosing.