Receiving the Council Receiving the Council Theological and Canonical Insights and Debates Ladislas Orsy A Michael Glazier Book LITURGICAL PRESS Collegeville, Minnesota www.litpress.org A Michael Glazier Book published by Liturgical Press Cover design by David Manahan, OSB. Photo © Ackab and Dreamstime.com Joseph Cardinal Ratzinger, “Stellungnahme,” in Stimmen der Zeit 217 (1999) 169–72 and “Schlusswort zur Debatte mit Pater Orsy,” in Stimmen der Zeit 217 (1999) 420–22. © Libreria Editrice Vaticana. Reprinted with permission. © 2009 by Order of Saint Benedict, Collegeville, Minnesota. All rights reserved. No part of this book may be reproduced in any form, by print, microfilm, microfiche, mechanical recording, photocopying, translation, or by any other means, known or yet unknown, for any purpose except brief quotations in reviews, without the previous written permission of Liturgical Press, Saint John’s Abbey, PO Box 7500, Collegeville, Minnesota 56321-7500. Printed in the United States of America. 123456789 Library of Congress Cataloging-in-Publication Data Orsy, Ladislas M., 1921– Receiving the Council : theological and canonical insights and debates / Ladislas Orsy. p. cm. “A Michael Glazier book.” Includes bibliographical references and index. ISBN 978-0-8146-5377-7 1. Vatican Council (2nd : 1962–1965). 2. Catholic Church—History— 20th century. 3. Church renewal—Catholic Church. I. Title. BX8301962 .O89 2009 262'.52—dc22 2009028706 To the memory of ANGELO GIOVANNI RONCALLI BLESSED JOHN XXIII Era un papa che ti ha fatto sentire come una persona “He was a pope who made you feel like a person” (Remark by an anonymous ticket collector on a Roman bus, the morning afterPapa Giovanni left his people, June 4, 1963.) If Christianity be an universal religion, suited not simply to one locality or period but to all times and places, it cannot but vary in its relations and dealings towards the world around it, that is, it will develop. Principles require a very various application according as persons and circumstances vary, and must be thrown into new shapes according to the form of society which they are to influence. John Henry Newman An Essay on the Development of Christian Doctrine Chapter II, Section I, 3 Contents Acknowledgments ix Prologue xi Abbreviations xiv 1 In Praise of Communio: The Church in the Third Millennium 1 2 Episcopal Conferences: Communio among the Bishops 16 3 Discourse about the Laity: A Sacred Power 35 4 Toward the One Church of Christ: Has Ecumenism a Future? 46 5 Reception of the Laws: An Exercise in Communio 55 6 Law for Life: Canon Law after the Council 74 7 Justice in the Church: The Legal Wisdom of Our Age 91 8 Stability and Development in Canon Law: The Case of Definitive Doctrine 105 9 Definitive Doctrine and Ordinances Supporting It: Debating the Issues 115 10 In the Service of the Holy Spirit: The Ecclesial Vocation of Canon Lawyers 143 Epilogue 152 References 153 Bibliography 155 Index of Persons 160 Acknowledgments o whom am I indebted? I keep asking myself, and my memory responds by recalling good and learned persons who contributed to the develop- ment of my mind. To list them all would be fair but not feasible; to Tname a few is a matter of duty. In the past, at privileged times, I met teachers or friends (not with us any- more) who opened up new fields of vision for me and changed the direction of my thinking. The impact of such meetings never wore off. In the beginning of my academic studies, Alois Naber, S.J., from Germany, then professor of history of philosophy at the Gregorian University, Rome, introduced me to the fascinating story of Western philosophy from antiquity to modernity; his gentle and good-humored lectures are still guiding me on a field that otherwise I may have found a labyrinth with no exit. In my first encounter with theology, Leopold Malevez, S.J., professor of theology at Collège St. Albert de Louvain, Belgium, warned me against ever having a “hero” among theologians and taught me how to approach the mysteries independently and how to reach critically sound judgments using authentic sources—without following favored opin- ions. The admonition took: I never joined a school. When I was in Rome again, for the study of canon law, Peter Huizing, S.J., a native of the Netherlands, professor at the Gregorian University and an insightful historian, drew my attention to the fragility of human institutions even in the community of be- lievers, and to the ever-present temptation to revere the transient as if it were permanent. Further, I am indebted to Barry Nicholas, Esq., fellow and later Master of Brasenose College, Oxford, England; with his finely tuned expertise in comparative legal studies, he helped me to master the intricacies of common law and to give due attention to the empirical realities in the realm of law. Once I began teaching at the Gregorian University in Rome, I increasingly sensed the need to understand better “what it means to understand” and to find a method that could bring fresh water to parched minds—this happened in the vibrant years of the aggiornamento. I found in-house help: Bernard ix x Receiving the Council Lonergan, S.J., was professor of theology and an elder colleague of mine at the same institution. We conversed, and I studied his Insight. The result: I pro- gressed in the art of raising well-grounded and correctly directed questions, reached some new insights in my own field, and became more cautious in as- serting “the truth.” A lifelong gift. Now, from the past to the present. For many years Georgetown University Law Center, whose motto is “Law is but the means—justice is the end,” has given me an intellectual home: it is an “academy” of abundant insights and vigorous debates. Professor Judy Areen, Esq., former dean, invited me to join the school. Dean Alexander Aleinikoff, Esq., continued to support my work. Carol O’Neil, Esq., associate dean, took every opportunity to encourage my efforts. The Jesuit community at Georgetown University provided for all my needs: may my gratitude match their generosity. In particular Ronald Murphy, S.J., has been my literary counselor for years; he knows how to read beyond the lines and communicate wisdom with style. Throughout all my teaching years, curious students kept my mind alert with their questions. But how to thank such benefactors who come and go? I hereby propose that in the quadrangle of every university a monument should be erected dedicated to the “Anonymous Inquiring Students” who keep the teach- ers’ minds fresh. Waiting for that, let this paragraph do the honors. In the preparation of the manuscript many pairs of eyes and hands helped me: Megan Hall, Esq., and Joshua Kellemen, my research assistants, worked long days and weeks in editing the chapters. Sharon Doku, Esq., as research assistant, and Dr. Josie Ryan, as volunteer, shared the intense labor of the last revisions. From Liturgical Press, Hans Christoffersen watched over the progress of my work and made sure of its timely completion. Mary Stommes provided good advice for style and content. Dr. Linda Maloney rendered into English sensitive German documents. To all generous givers, named or not, my heartfelt thanks. Prologue very time Christians gather and make their profession of faith, reciting the symbolum composed by the councils of Nicea (325) and Constan- tinople (381), they implicitly proclaim their faith in the power of the Eecumenical councils. After all, two of those councils composed the well-known Creed. Such gatherings of the bishops are mysterious events in the history of God’s dealing with his people. The councils appear fully human, but, ever since their beginnings in 325 in Nicea, the communities perceive them as authentic wit- nesses of faith—assisted by the Spirit of Christ and endowed with a gift of -fi delity to the evangelical message. Vatican Council II, which opened on October 11, 1962, was no less an ecumenical council than any other held in the first or second millennium (twenty of them)—no matter how different it may have been in its style and orientation. It had its human moments in conflicts and compromises, but ul- timately it was an intensely creative period in faith seeking (and finding!) understanding—fides quaerens intellectum. The day of its closing, December 8, 1965, was both a conclusion and a be- ginning. The bishops went home; their special task ended. Now the people must continue the search for understanding, reach new insights, proclaim the message in a fresh way so as to bring light to the nations and to bring hope to those who are sitting in the shadow of death. In this venture, the people are no less assisted by the Spirit than was the Council. Of course, the human struggles continue: dissonant voices are heard and fierce fights are fought—just as it happened among the bishops assembled. But ultimately the Spirit of God “hovers over this world” and does not—will not—fail to assist God’s servants. Our times are the times for the reception of the Council. No less is asked from us, both individuals and communities, than to enter into the dynamics of the Council and to undergo a conversion to a new vision and new practices. xi xii Receiving the Council My intent for this book is to speak about this fresh vision and then to point to new and needed practices that correspond to the vision. Reflective as my chapters may be, experience played its part in their conception. I had the op- portunity to witness the event of the Council and to follow its development from its convocation to its end.