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Canon Law in Pastoral Perspective1990-2009
100 Canonical Counsel essays • 9 articles on Consecrated Life
by Sister Elizabeth McDonough OP
Dominican Sisters of Our Lady of the Springs of Bridgeport
WEBSITE: www.bridgeportdominicans.org
I. Background Information on Evangelical Counsels and on Consecrated Life Life Consecrated by Profession of the Evangelical Counsel
The Evangelical Counsel of Chastity
The Evangelical Counsel of Poverty
The Evangelical Counsel of Obedience: Background and Development
The Evangelical Counsel of Obedience: Key Current Legislation
The Evangelical Counsel of Obedience: Concrete Expression and Practical Consequences
Living the Evangelical Counsels
The Synod on Consecrated Life
Conciliar and Postconciliar Documents on Consecrated Life
Lumen Gentium's Chapter 6: Religious
The Conciliar Decree Perfectae Caritatis
Norms for Renewal and Reflections on Its Progress
Directives for the Relationship between Bishops and Religious: Mutuae Relationes
Religious and Human Promotion
The Contemplative Dimension of Religious Life
An Apostolic Exhortation to Religious: Redemptionis Donum
Directives on Religious Formation: Potissimum Institutioni
The Document on Community Life: Congregavit Nos in Unum Christi Amor
The Concluding Message of the 1994 Synod on Consecrated Life
II. Background Information on Canon Law and Consecrated Lifeforms
The Role of Law In the Church
Salus Animarum
Response to the Role of Law in the Church
No More, No Less, and No Other . . . .
Additional Comments on Intrepretation
Understanding “Obligations and Rights” in Church Law
The Importance of Procedural Law
The Q.O.T. Principle
The Lacuna Canon
The Lacuna Canon: Equity and Practice
The Lacuna Canon: Common and Constant Opinion
Categories of Consecrated Life
Hermits and Virgins
Secular Institutes
Apostolic Institutes
Clerical Institutes
Diocesan Institutes and Pontifical Institutes
New Communities
III. The Organization and Functioning of an Institute
Basic Governance Structures in Religious Institutes
Levels of Legislation In an Institute
Constitutions
Participation in Governance
The Potestas of Religious Superiors: Background for Canon 596
The Potestas of Religious Superiors According to Canon 596
Authority In Institutes of Consecrated Life
General Chapters: Historical Background
General Chapters: Current Legislation
Chapters and Other Meetings
The Role of Councils In Religious Governance
Canon 127: Technical Requirements for Advice or Consent
Bona Ecclesiastica
Archives of Religious Communities
Visitation
Visitation by External Authorities
Mergers, Unions, Federations, and Confederations
Religious Institutes as Juridic Persons In Reconfiguration
Canonical Federation
IV. Becoming a Member of an Institute
Admission to an Institute of Consecrated Life
Impediments to Admission
Additional Requirements for Admission
The Novitiate
Location of the Novitiate
Duration of the Novitiate: General Norms
Exceptions to Duration of the Canonical Novitiate
Role of the Novice Director
Responsibilities of the Novice Director
Conclusion of the Novitiate
Incorporation Into an Institute of Consecrated Life or a Society of Apostolic Life
Solemn Vows and Simple Vows
Requirements for Temporary Profession
Renewal of Vows and Temporary Profession
V. Rights and Obligations of Members
Common Life
Common Life and Houses
Poverty, Patrimony, and Nest Eggs
Habit and Habitus: Brief History
Habit and Habitus: Current Legislation
Cloister for Nuns: From the Early Centuries to the 1917 Code
Cloister for Nuns: From the 1917 Code to the 1994 Synod
Papal Enclosure
Papal Enclosure: Further Considerations
Conscience Matters
Sharing Information In Confidential Matters
Conscience and Confidentiality from the Members’ Perspective
Personal Records of Community Members
Religious Managing the Account of Others
Lay Religious as Pastoral Ministers in Parishes
VI Means of Separation From an Institute
Transfer
The Troubling Religious: Further Considerations
Voluntary Exclaustration
Involuntary Exclaustration
Exclaustration: Further Considerations
Exclusion from Profession at Expiration of Temporary Profession
Readmission To a Religious Institute
Voluntary Departure
Communicating an Indult of Departure
Involuntary Departure
Automatic Dismissal
Mandatory Dismissal
Discretionary Dismissal
Conclusion of Discretionary Dismissal
Effects of Departure
Articles
Canonical Considerations of Autonomy and Hierarchial Structure 619
Beyond the Liberal Model: Quo Vadis?
The Past Is Prologue: Quid Agis?
Charisms and Religious Life
Come Follow Me: Reflections on Some Current Theories of Religious Life
The Need for Self-Criticism: Affirmative Comments
Commitment to Faithfulness
The Sisters’ Survey Revisted
The Council as Catalyst
- Dominican Sister Elizabeth McDonough OP, served as Canonical Counsel Editor of Review for Religious from 1990 to 2009. She holds a Doctorate in Canon Law (JCD) from The Catholic University of America and a Licentiate in Sacred Theology (STL) from the Pontifical Faculty of the Immaculate Conception (Dominican House of Studies, Washington, DC). She taught canon law and systematic theology as Bishop James A. Griffin Professor of Canon Law at the Pontifical College Josephinum (Columbus) and also taught on the Pontifical Faculty of Canon Law at The Catholic University of America and at Mount Saint Mary’s Seminary (Emmitsburg, MD).
Prior positions include Tribunal Judge, Vice Chancellor, and Canonical Consultant for the Archdiocese of Washington.. She has published more than thirty articles in The Antonianum, Canon Law Society of America Proceedings, The Jurist, Review for Religious and Studia Canonica, as well as one book, several book chapters and numerous encyclopedia entries.
Sister served as assistant to the Apostolic Visitation of Seminaries and Houses of Studies in 2006 and consultant to the Canonical Affairs Committee of the United States Conference of Catholic Bishops from Spring 2006 through Fall 2008. And, in the last quarter century, Sister Elizabeth has assisted several hundred religious communities in the USA and abroad and is currently canonical advisor for several dioceses and religious congregations.
In March 2006, she was awarded the Pro Ecclesia et Pontifice Cross by our Holy Father, Pope Benedict XVI. In March 2010, she received the St. Joseph Medal for service at the Pontifical College Josephinum.
In April 2009, Sister Elizabeth became one of twenty-two founding members of the Dominican Sisters of Our Lady of the Springs of Bridgeport (in the Diocese of Bridgeport in Connecticut).
Canon law can safely be presumed as not being a favorite topic among many in the Church. For members of institutes of consecrated life, however, it really does help to know at least something about the Church’s legal system. Review for Religious has been a resource for understanding church law through various articles and some form of canonical commentary for many decades. It was my privilege to offer such commentaries for nearly two decades, one before and one after the beginning of the 3rd millennium. There was no systematic plan for treating various canonical topics on consecrated life in 1990 when the 100 “Canonical Counsel” essays herein first appeared. But there were multitudinous topics which arose in the real life of real people in various religious institutes around the world. Gradually, with the Synod on Consecrated Life in 1984, “Canonical Counsel” essays began to address canons on consecrated life by presenting background information on canon law as such and then commenting on particular portions of the Code dealing with governance and membership, and property and departure, etc. For easier reference, the 100 essays are listed by topic, by canon number, and chronologically in the order they appeared in Review for Religious.
Throughout these essays, a concerted effort has been made to present church law as an integral, useful, stabilizing system in keeping with the ultimate purpose and primary means for addressing ecclesial legal matters constructively. Law in any human community—but especially in the Church—is meant to assist real people who live in a real world and face real needs and real problems but who also have the real desire and real hope for a better future now and hereafter. Since law functions at the juncture of logic and life—with logic being neatly structured but life being hardly ever so—there is often a legitimate tension between law and life in practical circumstance. Church law offers no exception to this legitimate tension. What it offers is a workable system of structures, boundaries, and procedures very much in keeping with the ultimate purpose of the Church as salus animarum (canon 1752).
The structures, boundaries, and functions of Church law are comparable to the reality of human beings as having a skeleton and skin and internal operating systems which enable each person to grow and live and learn, etc. So, too, law in the Church provides structures in dioceses and parishes and religious institutes, etc. It specifies legal boundaries for identifying who are laity or clergy, who are married or not married, who belongs to which parish or to which religious community, etc. It provides for ongoing application—and exceptions—by human beings in real-life, specific circumstances. Law does not make the Church what it is. We are truly all God’s handiwork, individually and collectively. What Church law can do, however, is help us be more effectively directed towards our primary choices and on-going actions in relation to the gift of salvation in Christ Jesus. This is no small task. These essays are a minor attempt to offer constructive tools for those in all forms of consecrated life to understand Church law better and to apply it more effectively in their real life of consecration through the evangelical counsels.
“Over the years I have read many of Sr. Elizabeth’s published canonical opinions; and, each time, I have been struck by the thoroughness of her research and the fidelity with which she explains the law of the Church. I eagerly look forward to being able to direct others to a single resource for her insights.”
Dr. Edward N. Peters, JD, JCD
Edmund Cardinal Szoka Chair – Sacred Heart Major Seminary“This comprehensive compilation of canonical reflections addresses every aspect of consecrated life in a professional, practical and pastoral way. It is a ‘must have’ reference for major superiors, bishops, and vicars for religious, as well as for men and women in any form of Consecrated Life desirous of living their vocations authentically in the heart of the Church.”
Sr. Eva-Maria Ackerman, FSGM
Director, Office of Consecrated Life – Archdiocese of St. Louis, 1996-2009.“For two decades Sister Elizabeth has been “canonical counsel” to hundreds of religious and their institutes, combining the best elements of the canonist’s art and science: fidelity to the values the law upholds, sensitivity to the practical circumstances where law is applied, and clarity of thought and expression. Her good advice in a single resource is a welcome treasure.”
Rev. James J. Conn, SJ, JD, JCD
Ordinary Professor of Canon Law – Pontifical Gregorian University“Good canonical advice with reference to consecrated life is always important, but especially in these days. It should be both consistent and thorough. Sister Elizabeth certainly provides that. She draws on Church history, theology, spirituality and canonical sources to present important material in a readily accessible and readable manner. This series of essays provides significant resources for leadership and members of all forms of consecrated life.”
Most Rev. John J. Myers, DD, JCD
Archbishop of Newark
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