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Dissertations / Theses on the topic 'Clergy (Canon law)'

Author: Grafiati

Published: 4 June 2021

Last updated: 31 July 2024

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1

Duggan, William E. "The institute of suspension a comparison between Canons 2278-2285 of the 1917 Code of Canon Law and Canons 1333-1335 of the 1983 revised Code of Canon Law /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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2

Hallahan, Eugene M. "A comparison between the 1917 code of canon law and the 1983 code of canon law on the removal of pastors." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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3

Haddad, Victor. "Diaconal leadership role in a priestless parish according to canon 517.2." Theological Research Exchange Network (TREN), 1999. http://www.tren.com.

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4

Chamberland, Gary S. "Is the pastor necessary for a parish to be a parish?" Online full text .pdf document, available to Fuller patrons only, 2003. http://www.tren.com.

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5

Grochowsky, Janice. "The theological and juridic nature of religious profession in the 1983 Code of Canon Law (Canon 654)." Online full text .pdf document, available to Fuller patrons only, 2004. http://www.tren.com.

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6

Bullock, Scott Edward. "The distinction between clergy and laity in the codes of canon law." Theological Research Exchange Network (TREN), 1997. http://www.tren.com.

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7

Borawski, Ineneusz. "Incardination and excardination of clerics in the light of the 1983 Code of Canon Law." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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8

McCann, Robert J. "Remuneration and honest sustenance for clerics in twentieth-century canon law." Theological Research Exchange Network (TREN), 1994. http://www.tren.com.

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9

Seiwert, Charles F. ""Ipso iure" incardination process canon 268 /." Theological Research Exchange Network (TREN) Access this title online, 2004. http://www.tren.com.

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10

Borger, Marvin Gerard. "Just causes for excardination canon 270 /." Theological Research Exchange Network (TREN), 1999. http://www.tren.com.

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11

Verrilli, William F. "A comparison of the canons on the priest-celebrant of the eucharist in the 1917 and 1983 codes of canon law." Online full text .pdf document, available to Fuller patrons only, 2003. http://www.tren.com.

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12

Beaudet, Christopher J. "The diocesan bishop's non-penal administrative discipline of pastors who harm ecclesiastical communion." Theological Research Exchange Network (TREN) Access this title online, 2005. http://www.tren.com.

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13

Barbre, Claudia. "Clerics in public office a comparison of the 1917 and 1983 Codes /." Theological Research Exchange Network (TREN), 1985. http://www.tren.com.

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14

Hesch, John Beaman. "The requirement of residence for pastors the 1983 Code of canon law in light of its historical antecedents /." Theological Research Exchange Network (TREN), 1992. http://www.tren.com.

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15

Behan, Philip A. "The Litterae commendatitiae of canon 903." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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16

Kallikkattukudy, Joy Paul. "Fraud and nullity of marriage in canon law and Indian civil law: A comparative analysis." Thesis, University of Ottawa (Canada), 2004. http://hdl.handle.net/10393/29123.

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The mutual recognition and acceptance of canon law and civil law have generated interesting debates through the centuries. This is particularly true since the Second Vatican Council called for a new way of thinking on matters pertaining to our religious way of life and on our relationship with other peoples and nations. As a result many pastorally important issues have surfaced. One of these is the possibility for the Church of recognizing and accepting a legitimate decision of the nullity of a marriage by a civil court. India, a secular country by constitution, accommodates many religions. The State recognizes the laws of all religious groups and acknowledges them as Personal Civil Laws, such as Indian Christian Marriage Act of 1872 and the Indian Divorce Act of 1869, governing matters such as marriage, succession, and divorce. Therefore, when carrying out any action which has consequences in civil law, every person is expected to observe his/her applicable personal civil law. According to the Church's teaching, marriage is indissoluble. However, the Church provides for a declaration of invalidity under strict conditions. A close examination of the ecclesial and civil laws indicates that, in order to protect the sacredness of this institution and to prevent invalid marriages, both systems have established a number of impediments and defects of consent which invalidate marriage ab initio. While Indian civil courts do not recognize the declarations of nullity granted by an ecclesiastical court, the Church does not accept a civil decree of nullity or of divorce. This particular confrontation between the two systems of laws naturally results in undue pain, tension and financial burdens for the persons involved. Therefore, we ask the question: Is it possible for the Church formally to accept a legitimately issued civil decree of nullity and allow the parties to marry in accordance with the norms of canon law without submitting them to a fresh new canonical trial? This question defines the hypothesis of our dissertation. Our study has demonstrated that there is substantial agreement between canon law and Indian civil law on several substantive aspects of marriage. For example, both hold that the right to marriage is a natural right of every human being. Both have established impediments in order to protect the social institution of marriage from being contracted invalidly. Both systems also recognize the invalidating effect of deceit. Once it is proven with moral certainty, or beyond reasonable doubt, that one party was deceitful in obtaining the consent of the other, both systems of law consider the marriage null and void. Therefore, at least in the case scenario discussed in our study, the Church can formally recognize and accept a civil declaration of invalidity of a marriage and declare the parties involved free to enter upon a new canonical marriage according to the norms of canon law. We maintain that this conclusion, mutatis mutandis, can be applied also to other similar hypotheses.

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17

Smith, Peter. "The status of a presbyter who is no longer a cleric." Theological Research Exchange Network (TREN), 1987. http://www.tren.com.

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18

Copp, Rodney John. "De causis ad amotionem parochorum requisitis." Theological Research Exchange Network (TREN) Access this title online, 1991. http://www.tren.com/search.cfm?p029-0234.

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19

Stoll, Mark J. "An analysis of the formation of the particular law on priestly life and ministry of the Diocese of Sioux City, Iowa in light of the 1983 Code of canon law." Theological Research Exchange Network (TREN), 1997. http://www.tren.com.

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20

Mercado, Edwin A. "The temporary transfer for clerics canon 271 /." Theological Research Exchange Network (TREN), 1989. http://www.tren.com.

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21

Gaffney, Christopher. "Priests, religious, and public office in the 1983 Code of Canon Law." Thesis, University of Ottawa (Canada), 1990. http://hdl.handle.net/10393/5901.

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The subject of this study is canon 285, par. 3 of the 1983 Code of Canon Law which forbids clerics from assuming any public office (officia publica) which entails a participation in civil power (civilis potestas). This canon represents a notable shift of perspective away from the requirement in the 1917 Code of obtaining permission to assume a public office involving the exercise of civil power. The emphasis is now on a straightforward prohibition with no direct reference to exceptions in the law. It is the hypothesis of this study that while canon 285, par. 3 is verbally stronger, more emphatic, and less specific with regard to exceptions than the prior legislation, when interpreted and applied in the context of the church as communio, it reflects an extremely nuanced approach to this issue on the part of the law which does not favour the hard and fast rule that public offices are open to the laity and closed to the clergy. The methodology of the dissertation is structured on the recognition that canon 285, par. 3, like all human laws, came into existence because someone, the legislator, perceived a value which could benefit the community, formulated a norm to achieve that value, and finally asked the community to act on the norm and appropriate the value. Thus, the study lists those values which, in different periods, the legislator has sought to uphold by legislation concerning clerical and religious participation in civil power. It finds that the value underlying the contemporary law is the ministerial health of the communio. A textual and contextual analysis of canon 285, par. 3 concludes that the legislator signifies his intention of focussing on the juridical status of sacred ministers which, of its nature, is changeable and not on the unchangeable elements of ordination. In this light, there appears to be no direct link between the prohibition from public office and the nature and effects of ordination. Furthermore, since permanent deacons are exempted from the prohibition in virtue of canon 288, it seems reasonable to infer that the prohibition from public office is not based on the incompatibility of such offices with the clerical state and encourages a pastoral flexibility and sensitivity. In a concluding section, the study treats of the power of diocesan bishops to dispense from canon 285, par. 3 which, when considered in the context of communio, highlights the necessity of employing such structures as the presbyteral council, the conference of bishops, and the pastoral council, in the evaluation and application of the canon.

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22

Budney, Linda. "The pastor in the 1983 code of canon law from master to maestro /." Theological Research Exchange Network (TREN), 1997. http://www.tren.com.

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23

Waters, Joseph L. "Appropriate human maturity in suitable sacred ministers a canonical study of Canon 244 /." Online full text .pdf document, available to Fuller patrons only, 2003. http://www.tren.com.

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24

Fitzsimmons, Gerard Michael. "Canon 517.2 parish ministry without priests? /." Theological Research Exchange Network (TREN), 1987. http://www.tren.com.

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25

Darcy, Catherine C. "The right to spiritual assistance analysis and implementation of canon 213 of the 1983 Code of canon law /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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26

Quinlan, William M. "Current interpretations of Canons 1040, 1⁰ and 1044 (par.)2, 2⁰." Theological Research Exchange Network (TREN) Access this title online, 2004. http://www.tren.com.

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27

McLaughlin, Anthony K. "Canon 277 [par.] 1 the positive obligation of Latin clergy to observe celibacy /." Online full text .pdf document, available to Fuller patrons only, 2003. http://www.tren.com.

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28

King, Jeffrey Lyman de Witt. "The application of canon 1350 on decent support of priests to contemporary North American situations." Theological Research Exchange Network (TREN) Access this title online, 2004. http://www.tren.com.

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29

Kiffman, Robert M. "The implementation of canon law in Ontario regarding decent support for retired Diocesan clergy." Thesis, University of Ottawa (Canada), 2004. http://hdl.handle.net/10393/29126.

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More Roman Catholic clergy enter retirement every year. Vatican II and the Code of Canon Law, 1983, introduced language common to the marketplace and changed the framework of support for a presbyter. Changes included, such terminology as wages, remuneration and contract; the values, rights, and criteria to determine the support due to an active, inactive or a retired presbyter. The right to support, including housing, normally for life, resides in the juridical bond of incardination. The pertinent canons in the matter of support for clergy are canons 281 and 538, §3. Are the dioceses of Ontario in compliance with the laws pertinent to the support of a presbyter in retirement? Chapter One provides the biblical and historical foundations associated with the support of ministers of religion in the Old and New Testaments, early Christianity up to the Edict of Milan in 313, and in the 1917 Code . Chapter One considers problems associated with "wandering clergy" and the development of the notion of canonical title to ensure the support of the presbyter for life. The titles of benefice, patrimony, and pension existed in the context of property law. The ordinary title for ordination in Ontario, "service to the diocese" is a non-proprietary title included in the 1917 Code that shifted the source of rights to support from property law to law of contract for hire. Chapter Two considers the ecclesiastical documents from Vatican II and the 1983 Code concerning presbyteral support. Social justice and the dignity of the human person and the value of a presbyter's labour is the cause of rights to obtain support in commutative and distributive justice. Canonical issues revolve around the obligation of the Christian faithful to provide support, the sources and loss of support in active ministry, incapacity, and in retirement. Chapter Three considers the law and CCCB decree, No. 31, measured against a number of objective economic standards of time and place. The chapter considers constitutive elements of support, classifications of housing and the tax implications of low rent. According to the narrative accounts of two surveys, the "Priests' Survey on Retirement" indicates the current diocesan practice of providing support is flawed.

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30

Gray, Jason A. "The causes and proofs for the removal of a pastor." Theological Research Exchange Network (TREN), 2006. http://www.tren.com/search.cfm?p029-0678.

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31

Downey, Donald David. "The retirement of diocesan priests." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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32

Binawan, Al Andang L. "Prohibition and permission for political involvement by clergy in the 1917 Code and the 1983 Code." Theological Research Exchange Network (TREN), 1996. http://www.tren.com.

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33

Price, Rothell. "The manner of proceeding in the transfer of pastors." Theological Research Exchange Network (TREN), 1996. http://www.tren.com.

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34

Koons, Thomas P. "The decent support of inactive diocesan priests who remain in the clerical state." Theological Research Exchange Network (TREN), 2002. http://www.tren.com.

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35

Hunsicker, Scott T. "Implementation of Canon 517 [section] 2 the exercise of the power of governance in parishes without a pastor /." Theological Research Exchange Network (TREN) Access this title online, 2005. http://www.tren.com.

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36

Cleary, William Michael. "The pastor's canonical responsibility for marriage." Theological Research Exchange Network (TREN), 1989. http://www.tren.com.

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37

Weisbeck, Fredrick Allan. "Canon 517 [par.] 2 and the diocesan guidelines of the Diocese of Prince George." Online full text .pdf document, available to Fuller patrons only, 2001. http://www.tren.com.

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38

Menezes, Valerian M. "The executive power of the diocesan bishop according to the 1983 Code of Canon Law." Thesis, University of Ottawa (Canada), 2003. http://hdl.handle.net/10393/29061.

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Canon 391, §1 of the 1983 Code distinguishes the power of governance of a diocesan bishop as legislative, executive and judicial. This threefold distinction is based on the division of powers in a secular system of governance. Although, in a democratic civil society, three independent organs exercise legislative, executive and judicial powers, such a division is not possible in the Church because of the nature and the purpose of its power. In the canonical tradition of the Church, the concepts of legislative and judicial powers have generally remained the same. However, the notion of executive power has been subject to progressive understanding, especially after the Second Vatican Council. The 1917 Code, in c. 335 stated that the bishop governs his diocese with legislative, judicial and coercive powers. The Second Vatican Council described it as right/duty of making laws, passing judgement and moderating. The seventh revision principle of the 1983 Code used the term "administrative" instead of "moderating." While the Code revision process had an inconsistent use of the terms "executive" and "administrative," the Code itself, in cc. 135, §1 and 391, §1 prefers the term "executive." Moreover, the Code also uses the expressions "administrative power" and "acts of administration." Some other documents related to the Code equate "executive power" with "administrative power." There is no consensus concerning these concepts in the post conciliar canonical literature. Therefore, it is difficult to determine the exact nature and scope of the executive power of a diocesan bishop in the Code. The first chapter of this study discusses the theological nature of the power of the diocesan bishop in the light of the Second Vatican Council. This provides the theological context within which the juridical nature of the diocesan bishop's power of governance is to be understood. The focus of the second chapter is on the nature and scope of executive power in general, and its juridic nature. Here, the study proves that the expression "administrative power" in the Code refers to "executive power" itself. "Acts of administration" in the Code are distinct from "administrative acts," and therefore, they are subject to distinct processes. With this clarification, the study provides a definition of executive power. After analysing the acts of executive power in general (the general and singular administrative acts), in the third chapter, the study makes an attempt in the final chapter to determine the acts of the diocesan bishop's executive power in the 1983 Code, and then draws some conclusions.

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39

Mannion, John Patrick. "A comparative study of episcopal conference statutes and by-laws." Theological Research Exchange Network (TREN), 1990. http://www.tren.com.

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40

Kopec, Jerome Edward. "The teaching office of the pastor a comparison of the 1917 and 1983 Codes of canon law /." Theological Research Exchange Network (TREN), 1986. http://www.tren.com.

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41

Ternes, Gary John. "Canonical investigations concerning accusations of clergy misconduct." Theological Research Exchange Network (TREN), 1997. http://www.tren.com.

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42

Harder, Kenneth J. "Clerical sexual abuse of minors an analysis of the policy of the diocese of Tulsa in comparison with the USCCB essential norms and Sacramentorum sanctitatis tutela /." Online full text .pdf document, available to Fuller patrons only, 2003. http://www.tren.com.

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43

Malesic, Edward C. "Canon 522 subjective stability of the pastor in office and the good of souls /." Theological Research Exchange Network (TREN), 1998. http://www.tren.com.

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44

Quinlan, William M. "Current interpretation of Canons 1040, 1⁰ and 1044 (par.)2, 2⁰." Theological Research Exchange Network (TREN), 2004. http://www.tren.com.

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45

Boyd, Richard A. "Parochial vicars a comparison between the Code of 1917 and the Code of 1983 /." Theological Research Exchange Network (TREN), 2004. http://www.tren.com/search.cfm?p029-0645.

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46

Martine, Michael Thomas. "Readmission to the clerical state after voluntary laicization." Theological Research Exchange Network (TREN), 2006. http://www.tren.com/search.cfm?p029-0681.

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47

Aggrey, Joseph Quainoo. "The loss of the clerical state and its juridic consequences." Theological Research Exchange Network (TREN) Access this title online, 2005. http://www.tren.com.

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48

Melchior, Gerald P. "A canonical analysis of priest personnel norms on the assignment, and transfer of Omaha Archdiocesan priests." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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49

Nguyen, Trung Van. "Clerics and religious in business." Theological Research Exchange Network (TREN), 1999. http://www.tren.com.

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50

Antony, John Konuparampil. "Stability in the pastoral office as a prerequisite for effective pastoral ministry." Online full text .pdf document, available to Fuller patrons only, 2000. http://www.tren.com.

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