THE CATHOLIC UNIVERSITY OF AMERICA The Promotion of Doctrine by the Congregation for the Doctrine of the Faith In Light of Pastor bonus and Canon 754 A DISSERTATION Submitted to the Faculty of the School of Canon Law Of The Catholic University of America In Partial Fulfillment of the Requirements For the Degree Doctor in Canon Law By Christopher J. Beaudet Washington, D.C. 2010 The Promotion of Doctrine by the Congregation for the Doctrine of the Faith In Light of Pastor bonus and Canon 754 Very Rev. Christopher J. Beaudet, J.C.D. Director: Prof. Kurt Martens, J.C.D. ABSTRACT The Congregation for the Doctrine of the Faith (CDF) has safeguarded doctrine since its inception, yet the 1988 Apostolic Constitution Pastor bonus describes the CDF‘s ―proper duty‖ as being twofold: ―to promote (promovere) and safeguard (tutari) the doctrine on faith and morals in the whole Catholic world.‖ The dissertation investigates and presents the canonical significance of the CDF‘s competency to promote doctrine as distinct from safeguarding it, and probes the applicability of canon 754 in determining the legally required response to doctrine promoted by the CDF on the part of the Christian faithful. The dissertation has five chapters. Chapter one provides a general sketch of the CDF‘s historical competency to safeguard doctrine in order to highlight its relatively recent competency to promote it. Chapter two presents the pastoral incentives which led to the reform of the Roman Curia in Pastor bonus in general and of the norms for the CDF in particular. Chapter three illustrates how the CDF, the International Theological Commission (ITC), and the Pontifical Biblical Commission (PBC) have promoted doctrine since Pastor bonus through the analysis of selected documents. Chapter four traces the genesis, development, and pastoral incentives to the revision of canon 754 in order to draw parallels to Pastor bonus and to determine the canon‘s applicability to the reception of doctrine promoted by the CDF. Chapter five assesses related questions to the topic and offers an assessment of the consistency with which the CDF, ITC, and PBC have employed ecclesiastical documents for the purpose of promoting doctrine. The dissertation demonstrates that the promotion of doctrine is one modality of the CDF‘s bipartite proper duty such that accomplishing one task necessarily involves the other. Pastor bonus sought to emphasize the positive dimension of the CDF‘s service to the pope and college of bishops, an emphasis similarly reflected in the proposal of doctrine which the ―legitimate authority of the Church‖ may do in canon 754. The study contributes to the ongoing discussions surrounding the nature and the juridical and/or doctrinal weight of CDF documents, and the proper response due to them. This dissertation by Christopher J. Beaudet, J.C.L. fulfills the dissertation requirement for the doctorate degree in canon law approved by Kurt Martens, J.C.D., as Director and Phillip Brown, S.S., J.C.D., and Ronny Jenkins, J.C.D., as Readers. __________________________________________ Kurt Martens, J.C.D., Director __________________________________________ Phillip Brown, S.S., J.C.D., Reader __________________________________________ Ronny Jenkins, J.C.D., Reader ii To the Sacred Heart of Jesus iii CONTENTS ABBREVIATIONS xi ACKNOWLEDGEMENTS xvii INTRODUCTION 1 I. A GENERAL HISTORY OF THE CONGREGATION FOR THE 7 DOCTRINE OF THE FAITH A. Pope Paul III and Licet ab initio 11 B. The Congregation of the Index 19 C. Pope Sixtus V and Immensa aeterni Dei 20 D. Pope Pius X and Sapienti consilio 27 E. The Pontificate of Pope Paul VI 37 1. Integrae servandae 41 2. Index librorum prohibitorum supprimitur 48 3. Regimini Ecclesiae Universae 50 4. Regolamento generale della Curia Romana 58 5. International Theological Commission 59 and Pontifical Biblical Commission 6. Libri aliaque 68 F. Conclusion 72 II. THE CONGREGATION FOR THE DOCTRINE OF THE FAITH IN 74 THE CURIAL REFORM OF PASTOR BONUS A. The Necessity for Another Curial Reform: the Genesis of Pastor bonus 77 1. 1969 Extraordinary Synod of Bishops 77 iv 2. Revisiting Regimini Ecclesiae Universae 80 3. Pope John Paul II and the College of Cardinals 82 B. The Pastoral Tone of Pastor bonus 87 1. Diaconia In Service To Communio 87 2. The Munus Docendi and the Potestas Magisterii 95 3. The Roman Curia‘s Assistance in the Petrine Diaconia 99 a. Ecclesial Character of the CDF 100 b. Ministerial Character of the CDF 101 c. Collegial Character of the CDF 102 d. Vicarious Character of the CDF Strictly Conceived 105 e. Vicarious Character of the CDF Broadly Conceived 110 4. The Pope‘s Rationale For Pastor bonus 115 C. Norms for the Congregation for the Doctrine of the Faith 117 1. Article 48: Proper Duty 117 2. Article 49: Fostering Studies 122 3. Article 50: Auxiliary to Bishops 124 4. Article 51: Safeguarding Doctrine and Morals 129 5. Article 52: Judicial Competency 134 6. Article 53: Privilege of the Faith 135 7. Article 54: Doctrinal Supervision of the Curia 136 8. Article 55: Pontifical Biblical Commission and 141 International Theological Commission v D. Conclusion: Determining the Promotion of Doctrine by the CDF 142 III. THE PROMOTION OF DOCTRINE BY THE CONGREGATION FOR 148 THE DOCTRINE OF THE FAITH SINCE PASTOR BONUS: CONCRETE ILLUSTRATIONS A. Introduction 148 1. Methodology 150 2. Parameters 154 B. Texts of the CDF 156 1. Letter, Orationes formas, 15 October 1989 156 2. Instruction, Donum veritatis, 24 May 1990 160 3. Letter, On Some Aspects of the Church Understood 164 As Communion, 28 May 1992 4. Letter, The Reception of Holy Communion by the Divorced 167 and Remarried Members of the Faithful, 14 September 1994 5. Instruction, Ecclesiae de mysterio, 15 August 1997 170 6. The Primacy of the Successor of Peter: Acts of the 174 Theological Symposium, Rome, 2-4 December 1996 7. ―The Primacy of the Successor of Peter in the Ministry 176 of the Church,‖ 31 October 1998 8. Note, The Power of the Pope and Matrimony, 178 11 November 1998 9. Documents regarding ―The Message of Fatima,‖ 181 26 June 2000 10. Declaration, Dominus Iesus, 6 August 2000 185 11. Instruction, Ardens felicitatis, 14 September 2000 188 12. Doctrinal Note, Some Questions Regarding the Participation 190 of Catholics in Political Life, 16 January 2003 vi 13. Letter, Considerations Regarding Proposals To Give 194 Legal Recognition To Unions Between Homosexual Persons, 3 June 2003 14. Letter, On the Collaboration of Men and Women in the 197 Church and in the World, 31 May 2003 15. The Dignity and Rights of Mentally Handicapped Persons: 200 Acts of the Symposium Promoted by the Congregation for the Doctrine of the Faith, Rome, 7-9 January 2004 16. Doctrinal Note, On Some Aspects of Evangelization, 202 3 December 2007 17. Instruction, Dignitas Personae, 8 September 2008 204 C. Texts of the ITC 207 1. Faith and Inculturation, 8 October 1988 207 2. Interpretation of Dogma, October 1989 209 3. Current Problems of Eschatology, 16 November 1991 214 4. A Few Questions Regarding the Theology of Redemption, 220 29 November 1994 5. The Relationship between Christianity and OtherReligions, 215 30 September 1996 6. Memory and Reconciliation: The Church and the Faults 218 of the Past, December 1999 7. The Diaconate: Evolution and Perspectives, 220 30 September 2002 8. Communion and Stewardship: The Human Person Created 221 in the Image of God, 23 July 2004 9. The Hope of Salvation for Infants Who Die 224 Without Being Baptized, 19 April 2007 10. The Search for Universal Ethics: A New Look 226 at Natural Law, December 2008 vii D. Texts of the PBC 229 1. The Interpretation of the Bible in the Church, 15 April 1993 229 2. The Jewish People and their Sacred Scripture in the 231 Christian Bible, 24 May 2001 3. The Bible and Morality: Biblical Roots of Christian 234 Conduct, 11 May 2008 E. Observations 238 1. Letters 239 2. Instructions 240 3. Symposia Acts 242 4. Notes and Doctrinal Notes 242 5. Declarations 243 6. Documents of the ITC and PBC 243 F. Conclusion 244 IV. CANON 754: GENESIS, DEVELOPMENT, AND APPLICABILITY TO 246 THE RECEPTION OF DOCTRINE PROMOTED BY THE CDF A. Legislating A Response of Faith? 248 B. The Sources for Canon 754 250 1. 1917 CIC, c. 1324 251 2. Pope Pius XII, Encyclical Humani generis, 258 12 August 1950 3. Sacred Congregation for the Doctrine of the Faith, 263 Letter Cum oecumenicum concilium 4. Synod of Bishops, Relatio Commissionis Synodalis, 267 28 October 1967 viii 5. Summary Observations on the Sources for Canon 754 277 C. The Development of the Text of Canon 754 280 1. From the Establishment of the Coetus De Magisterio 282 Ecclesiastico to the 1977 Schema 2. The 1977 Schema, De Ecclesiae munere docendi 288 3. Period of Consultation and Disceptatio in Coetu 291 4. The 1980 Schema, De Ecclesiae Munere Docendi 300 5. 1981 Relatio 301 6. 1982 Schema (c. 753) and Papal Review 304 7. Summary Observations on the Development of Canon 754 304 D. Canon 754 in the 1983 Code of Canon Law 306 1. Textual Analysis of the Canon 308 a. Omnes christifideles . 308 b. obligatione tenentur servandi 311 c. constitutiones et decreta, . 316 d. quae ad doctrinam proponendam et 319 erroneas opiniones proscribendas . e. fert legitima Ecclesiae auctoritas, . 323 f. speciali vero ratione, quae edit Romanus Pontifex 324 vel Collegium Episcoporum. 2. Contextual Analysis of the Canon 325 E. Conclusion 329 V. VARIOUS CONSIDERATIONS ON THE COMPETENCY OF THE 334 CONGREGATION FOR THE DOCTRINE OF THE FAITH TO PROMOTE DOCTRINE ix A. The Value and Consistency of CDF, ITC, and PBC Documents 335 in Fulfilling the Duty To Promote Doctrine 1.