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CANON LAW An Applied Theology
Reverend Timothy A. Gadziala, JCL
Brief Synopsis of
the Course: Many of my colleagues call the study of Canon Law the Dark Side of the Good News, opining the popular mindset that Canon Law is composed of just the rules to obey. Certainly for many, the study of Canon Law is not as interesting as the studies of Sacred Scripture or Moral Theology; yet, the study of Canon Law is a type of applied theology. Though Canon Law is a juridical science, it is also a type of theology that both structures and mediates the grace of the Gospel so as to avail the Church the most opportune way to fulfill its mission to proclaim the Good News to all the earth. After all, the principle of the use of Canon Law is ordered to the salvation of souls (c.1752). The Study of Canon Law is essential for clerics
since as members of the Church, we are ordained to proclaim the
Gospel.
In part, then, the proclamation of the Gospel consists of the
evaluation of the essence of the Gospel, that is, the participation
of the evangelization of the world by understanding the rights as
well as the role of clerics (and in deed, the whole baptized
community) to teach, sanctify and govern in the name of Christ.
In order to fulfill this task completely, it is essential for
you who are to become Deacons in the Church to understand the nature
of the Church as structured through the science of Canon Law.
Through the study of this most sacred discipline, it is the hope of
this three semester class to give you a sampling of the history
and the content of Canon Law. Specifically, the class will give
you an insight into the rights of the Faithful, the structuring of
the teachings of the Church, the Sacraments and the governance of
the Church; likewise, this study will give you an appreciation of
the processes of the Church, of which many of you will have to come
to respect, including the procedures utilized by the Metropolitan
Tribunal of Atlanta, specifically, the annulment process. The three semester class will be divided up
as follows: 1) the historical development and
content of the 1983 Code of Canon Law, 2) a continuation of the
previous semester as well as a closer examination of clerical rights
and procedures, specifically, marriage, 3) pastoral aspects of Canon
Law and a practical application, including a presentation of a
variety of different speakers of the Tribunal. In each
of the three semesters, case studies will be reviewed and
discussed. CASE STUDIES are important in
this class so as to avail you the PRACTICAL side of Canon Law, so as to allow
you to see how your pastoral formation works with real life
questions and situations that you will deal with in your
ministry.
Since the study of Canon Law may be the least
familiar to you, as opposed to the studies of Sacred Scripture,
Apologetics, and Theology, I strongly urge you to prepare for class
when you are most alert. When preparing for the next
class, read carefully the canons assigned to youslowly! Notice
the placing in context the canons in relation to the whole Code
because the legislator has an explicit intention of placing the
canons in a proper context. Make a habit of examining and
reading the footnotes in the Code of Canon Law, especially referring
to the documents of the Second Course
Requirements: In order to assess progress of study, the instructor may use occasional pop quizzes. Please note that when the instructor finds that the class is not reading the work assigned, testing will be utilized! One assignment may be given in the course of the class, serving as a type of midterm; the content of this exam will consist of case studies and/or questions dealing with the content of the Code of Canon Law. One take home exam will be given as type of final exam. Pop quizzes will serve as 20% of the final grade; the midterm will serve as 30%; the final exam will serve as 40%; and, class participation will serve as 10% of the final grade. Required CIC1983: The Maroon colored version of the Code of Canon Law Handbook: A Handbook on Canon Law, authored by J.T. Martin de Agar CLSA Commentary: The New Commentary on the Code of Canon Law, edited by CLSA. Companion: The Pastoral Companion, by J.M. Huels. The Instructor reserves the right to give additional handouts as well as articles to the student; it is expected that these handouts, if any, will be read and applied accordingly. Suggested (These resources are NOT required for reading, but they are strongly encouraged to underscore the CIC1983 canonical origins of specific canons as well as official interpretations) CCC: The Catechism of the Catholic Church. Documents of the Second A DETAILED
ITINERARY: SEMESTER 1 AN
INTRODUCTION TO CANON LAW February 11 and 25, 2006 Introduction to
Canon Law: A Historical Survey and
Structure of the CIC 1983. Preparation for this class: 1)
READ:
Sacra disciplinae legis (pgs. xxvii xxxii in CIC1983); 2)
READ: the Preface to the Latin Edition (pgs. xxxiii xliii in
CIC1983); READ: Outline of the Code of Canon Law (pgs. vii xv in
CIC1983) and, REFLECT upon the structure of the CIC1983 (i.e.: Book
Title Chapter Article); and 4) READ pgs. 1-13 in Handbook; and
5) OPTIONAL Expectations: the student should gain an appreciation of the historical development of Canon Law as an applied science, having its roots in Jewish Law and in the teachings of Christ and the early Church translated in the disciplinary laws given by the authority of the Church during the first four centuries; its connection to the Emperor Justinian and his influence to the Roman Catholic Church (the codex iuris civilis) and, Canon Laws actual origin as a science by Gratian in the 12th century (its development by various collections employed by Medieval Popes). The Student will gain an appreciation of other law systems employed by the governments in history and their influences to Church law (the Napoleon Codes and the CIC1917) as well as the influences of both the First and the Second Vatican Councils to the actual restructuring of the Law in the Modern Era. The student shall understand the concepts and the distinctions between natural law, divine law, civil law and merely ecclesial law (disciplinary law). Assignments: Concepts: Canon, Gratian, Boniface the Eighth, Gregory the Ninth, the Pio Benedictine Code (CIC1917), natural law, divine law, merely ecclesial law, iuris. Finally, MEMORIZE in order, the seven (7) titles of the books of the CIC1983.
March 11 and 20, 2006 An Introduction to the
CIC1983 continued; and,
Study:
BOOK ONE GENERAL NORMS
Preparation for this class: 1) READ: cc. 1
203; 2) READ: chapters two and three in Handbook; 3) READ: chapter
one in Companion; 4) OPTIONAL Expectations: The student ought to be familiar with the importance of Book I: General Norms and, of its significance to the other Books. While it is not important to know in detail these specific canons, it IS important that the student understand the terms defined in Book I because they will be used and understood in the other Books. Certain case studies will be introduced and examined by the Instructor.
Assignments: 1) KNOW the order of the seven books of the CIC1983, backwards and forwards! 2) Pay special attention to the following canons: cc. 1-3, 6-22, 23, 29-34, 35, 48, 49, 59, 76, 85-94, 96-112, 113-116, 129-135, 145, 146-157, 184, 189, 190, 191, 192-195, 201. Concepts: ecclesiastical law, custom, dispensation, administrative act, act of administration, faculty, natural persons, moral persons, juridic persons, power of governance, ordinary power, executive power, judicial power, election, age, computation of time, prescription, a juridic act, consent and consult.
April 8 and 29, 2006 REVIEW BOOK 1; and, Study:
BOOK II (the People of God), Part
1
Preparation for this class: 1) READ: cc.
204 329; 2) READ: Chapters four and five of Handbook; 3) OPTIONAL
Expectations: The student should know and understand the fundamental rights of the Christian Faithful as well as fundamental notions of the Church; some of the rights of clerics and the formation of clerics. Assignments: 1) recall the ordering of the seven Books of CIC1983; 2) focus on KEY canons seen in our discussion of Book 1; 3) Pay special attention to cc. 204-206, plus the first two Titles of Part 1; 4) ponder this question: How would a reading of cc.204-231 give one a sense of the ecclesiology of Vatican II (Recall the structuring of Lumen Gentium)? 5) In Title III of Part I, how is diaconal formation to be understood? What does Title III tell us about the formation of clerics? 6) OPTIONAL: be able to list at least five rights of the Christian Faithful. Concepts: People of God, Church, Ecclesial Community, The Christian Faithful, the laity, the cleric, Societies of Apostolic Life, Religious Orders.
May 13 and 20, 2006 REVIEW Part 1 of BOOK II;
and,
Study:
Part II of BOOK II. Preparation for this class: 1)
READ: cc. 330-572; 2) READ: chapter six of Handbook; 3) OPTIONAL
Expectations: The student should gain an appreciation of the general structure of the Diocese and of the Supreme Authority of the Church, and the relationship between them as they serve the Church. Assignments: 1) As you read the canons in this section, reflect upon the structure of Book II, Part 1: the Christian Faithful (the Baptized) the Laity the Clerics (c.207); then, ponder how the hierarchy is seen, and must continue to be seen as a servant to the Church and at the same time, you will gain an appreciation of how the authority of this servant seeks to order and structure the Church, protecting and ensuring the fulfillment of the rights of all the Christian Faithful. 2) Ponder the aspects of and the relationship between the Universal Church and the Particular Church, as seen in Part II of Book II; that is, examine and reflect carefully how the canons in this section describe the REALITY of the Universal Church and the Particular Church. 3) After your reflection on these canons, think what ecclesiastical concepts do most Catholics in the parish misunderstand, and why is this so? Concepts: the Universal Church, the Particular Church, the parish, the diocesan Bishop, the Pope, the College of Bishops, Religious Superiors, Province, the Ecumenical Council, the Particular Council, the Conference of Bishops, the Presbyteral council, the college of consulters. June 10 and 24, 2006 REVIEW Parts I and II of
BOOK II; and,
Study: Part III of BOOK II. Preparation for this class: 1)
READ: cc. 573746; 2) READ: chapter seven of Handbook; 3) OPTIONAL
Expectations: The student will gain an appreciation of the structure of the Diocese and the parish/mission within the Diocese as well as their inter-relationship as they together serve the Christian Faithful. Assignments: 1) Ponder the entire structure of
Book II of the CIC1983 and its inter-relationship. 2)
Reread the canons of Book II and make sure that you have a clear
understanding of the ecclesiastical vision of the CIC1983 as rooted
in the theology of the Second END of SEMESTER
1 + SEMESTER 2: An
Introduction to Canon Law Continued. September 9, 2006 REVIEW Semester 1. Preparation for this class: 1) REVIEW class notes as well read as, 2) READ the general articles of the CLSA Commentary, dealing with the Parts and Titles given in BOOKS I and II of the CIC1983. 3) Be prepared to discuss Books I and II of the CIC1983. Expectations: The
student should have a good appreciation of the ecclesiology of the
Second Vatican Council and of the First Second Assignments: 1) Be ready to articulate a Counciliar ecclesiology as seen in Book II of the CIC1983; 2) Bring any questions to class about Books one and two. September 23 and October 14, 2006 BOOK III:
The Teaching Function of the Church Preparation for this class: 1)
READ: cc. 747-833; 2) READ: chapter 8 of Handbook; 3) CLSA
Commentary, material on cc. 747-755; 4) OPTIONAL Expectations: The Student should be able to know the distinctions of the Teachings of the Church, the rights to the teachings of the Church and the obligations of those persons in authority to teach in the name of the Church. The student will understand the fundamental importance of preaching the homily. The Student will understand that it is the duty of each and every Christian to fulfill the ministry of the divine word; specifically to the Deacon, the student will understand his own role in fulfilling this fundamental right of the Baptized. Assignments: CAREFULLY READ cc. 747-755; try to relate these canons with the canons seen in Book Two, Parts I and II. Concepts: Heresy, Apostasy, Schism, Credenda teachings, Tenenda teachings, Obsequium teachings, and observanda teachings, Catechist, Catholic schools. Think, also, what does it mean to proclaim the Gospel to preach and teach in accordance to canon law? What role can a Deacon play in fulfilling his teaching function of the Church? Case studies will be examined in part by the Instructor. October 28, 2006 BOOK IV: The Sanctifying
Function of the Church;
Titles 1 3 (Baptism, Confirmation, Eucharist) Preparation for this class: 1)
READ: cc. 834-958; 2) READ: pgs. 131-144 in Handbook; READ: pgs.
37-122 in the Companion; 4) OPTIONAL Expectations: The student will gain an appreciation for the sacraments of initiation, the relationship between Canon Law and Liturgical Law, the requirements for validity, and the context of the sacraments of initiation within the whole of the structure of the sacraments. Of particular interest is the age of confirmation and the requirements necessary by the Christian Faithful to receive the sacraments of initiation. The student will appreciate the tension between the pastors right to ensure that adequate preparation be done and the Christians right to both prepare and receive the sacraments. Because much of your time in pastoral work will be spent in preparing couples for infant baptism, it is important that you know and understand the canons concerning baptism (what is required for validity, the official minister, and the preparation (catechesis) necessary. Assignments: Questions to consider: How can
the theological beauty envisioned by the Fathers of the Second
November 11, 2006 REVIEW; and, Study BOOK IV,
Titles 4-6 Preparation for this class: 1)
READ:
cc. 959-1054; 2) READ: pgs. 145-153 in Handbook; 3)
READ:
pgs. 123-186 in Companion; OPTIONAL Expectations: The student shall have an adequate understanding of the Sacraments of Penance and Anointing, as well as an appreciation of understanding of the notion of a cleric. The student will appreciate the different forms of Penance and why general absolution is not granted on many occasions. Assignments: Questions to ponder: Why are the Sacraments of Penance and Anointing of the Sick perceived as bookend signs of Christs healing presence among us? What has changed since the time when people had the fear of the last rites? How does the Deacon assist the parish in regard to Penance and Anointing? Does your parish celebrate Penance and Anointing well? Why or why not? Is a Deacon really a cleric? November 18, 2006 REVIEW; and, Study BOOK IV,
Title 7, Parts 2 and 3. Preparation for class: 1)
READ:
cc.1055-1253; 2) READ: pgs. 154-189 in Handbook; 3)
READ:
chapters 8-11 in Companion; 4) OPTIONAL Expectations: The student shall understand the impediments for marriage, as well as the canonical form; likewise, the student shall appreciate the sacramental elements and properties of marriage, as well as the grounds for nullity, including error, simulation and the conditions that follow under c.1095. In reading and reflecting carefully on these canons, the student shall understand the ministerial responsibilities of ensuring adequate sacramental preparation for marriage as well as gaining an appreciation for those conditions that may vitiate the consent to marry. The Deacon may gain an understanding of the necessity of the required faculty to officiate at a wedding; and additionally, know at what specific times no faculty is necessary. Assignments: Because much of your time in pastoral work will be spent in preparing couples for marriage, it is quintessential that you read the canons that deal with marriage specifically. Be ready to identify the elements and properties of marriage. Case studies may be given by the instructor for discussion. December 2, 2006 BOOKS V (Temporal Goods) and
BOOK VI (Sanctions). Preparations for class: 1) READ: all of the canons in Book V once quickly; 2) READ: all of the canons in Book VI a few times; 3) READ: pgs. 190-207 in Handbook. Expectations: Because this class is an introduction course specifically addressing the formation of the Permanent Diaconate, the Instructor has chosen not to discuss these two Books of the CIC1983 in great detail because they do not deal specifically with the role of the Deacon; however, in addressing these canons, it will be expected that the student understand what role the Church has in the administration of Temporal Goods, independent from civil law. The student will gain an understanding of the nature of Temporal Goods; and, a brief historical development of why this book was composed. In reviewing Book VI, the student will gain a general understanding of the right of the Church to place sanctions on the Christian Faithful. Specifically, the student will gain an insight into the types of sanctions, penalties, and penances; as well as an understanding of imputability, mitigating circumstances, as well as a general distinction between an administrative process and a judicial process. Assignments: Concepts: Bona ecclesiae, public juridic person, the acquiring and administration of bona ecclesiae, Alienation, Statutes (Book V); latae sententiae, ferendae sententiae, sanction, expiatory penalty, penance, imputability, mitigating circumstances, administrative process, judicial process (Book VI). Ponder this question: for what pastoral purpose does the Church place sanctions on the Christian Faithful. December 16, 2006 BOOK VII (Procedures) Preparation for this class: 1) READ: all of the canons in Book VII. Dont try to memorize the whole process of a trial thats the Tribunals job! Concentrate your efforts on the roles of each member of the Court occupies (i.e.: the Judge, Petitioner, Respondent, Procurator, Advocate, Notary, assessor, auditor, notary, expert, etc); 2) READ: pgs 208-231 in Handbook; 3) READ: chapter 12 in Companion. Expectations: The student shall gain a general appreciation for procedures; good canonical procedures will give rise to optimum justice and mercy. The student shall gain an understanding of the composition of the Court, including the identification of different Tribunal grades, as well as an understanding of the personnel of the Court, including, an appreciation of their roles and function. Assignments: Concepts: 1st 3rd grade Tribunals, Judge(s), Petitioner, Respondent, Procurator, Advocate, Judicial Vicar, Adjutant Judicial Vicar, guardian, curator, notary, assessor, auditor, expert, Defender of the Bond, Administrator of the Court. A TAKE HOME FINAL will be given by the Instructor at the end of class; including case studies. This exam may be cumulative, depending on the scores of the exams given in the first semester. End of Semester 2 |