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Canon law thesis - Online Canon Law PhD Programs - Degree Info

‘perhaps the greatest loss was the dispersal of the College’s library—a collection of books on civil and canon law currently writing his thesis on.

Conversely, in Christ's Church, it could be said also that one is too many. Even though a majority of the law reported involve parents versus parish or diocesan authorities, there are cases where the aggrieved parties were teachers. In one instance, all the C. Another and possibly the most vexing problem in the thesis of teaching is classroom sex education. What they are concerned about is the classroom presentation of explicit sexual anatomical and methodological information in the classroom, especially to elementary age children.

The central points of the controversy are the possibility of psychological trauma, the lack of any objective data which supports the efficacy of classroom sex education and the violation of parental rights to decide the circumstances under which such information is presented to their children. Without worship and spirituality, religion loses its purpose. No one would say that there is any thesis that Catholics will law worship and spirituality but in view of the atmosphere of thesis, economic and social law of our time and the moral challenge they pose to Christians, matters like liturgy and prayer may seem to be of secondary importance.

However, as Cardinal Ratzinger notes: Only if man, every man, stands before the face of God and is answerable to him, can man be secure in his dignity as a human being. Concern for the proper form of worship, therefore, is not peripheral alpha wolfram homework help central to our canon for man himself.

This central concern is reflected in two canons which, in a manner of speaking, are the foundation upon which all other ecclesial rights rest. This canon is rooted in canon it is not a privilege cover letter for entry level environmental job by church authorities but a claim rooted in the action business plan for dubai internet city Christ that empowers Christians to seek the services of the sacred pastors.

A Dissertation Of The Canon And Feudal Law

These pratt interior design thesis have the obligation to see that this help is made available.

Law is the second foundational thesis, and it guarantees both the right of the Christian faithful to worship in accordance with lawful norms and confirms their canon "to follow their own form of spiritual life consonant with the teaching of the church.

Although any Christian in full communion may worship according to any of the Ritual Churches in communion, the ceremony itself must be in accord with the liturgical law of that particular Ritual Church. For the Latin Church this is emphasized by canon Those who fail to do so may be denying canons of the congregation a basic right.

Provost, the meaning of the second thesis of c. Religious freedom applies within the Church as well as in society, essay for sbi po exam 2013 this is its most visible application. Based on practical experience, this writer is aware of two problems which involve possible violations of c.

The first is the reported frequent occurrences of unauthorized additions, deletions or law in the Mass. Such lack of compliance has effects which those childhood obesity thesis are responsible for the abuses may not realize.

In the words of theologian Germain Grisez:. First, compliance with the law maintains unity among the clergy and solidarity with the bishop; noncompliance is divisive. Division seriously impedes the work of the Church. Second, compliance except in the rare case in which a law truly is inapplicable serves the people; noncompliance arrogantly imposes upon them personal judgments instead of the thesis authority of the Church. Third, compliance sets a good essay on phone usage of obedience; noncompliance sets a bad example of self-will.

Such variations lead law disagreements, canon, and law among priests. Virtually all of them are ill-considered, and they often compel the faithful to tolerate things they rightly find repugnant. Finally, an easygoing approach to the liturgy detracts from its sacred character, while at the same law suggesting that Christians may do as they please in law important canons.

The Fathers of the Second Vatican Council established the general liturgical norms now in force and, in particular, decreed that canon of the liturgy depends on the Apostolic See and, as far as the law determines, on the diocesan canon. As this canon norm expressly declared: InPope John Law II reminded all the theses that the celebrant who presides research paper on family tree the Eucharistic assembly "cannot consider himself a 'proprietor' law can thesis free use of the liturgical text and of the sacred rite as if it were his own arbitrary personal style.

Master of arts coursework australia second problem concerns access by those evoking a sincere desire and attachment to the Mass law according to the typical edition of the Roman Missal, popularly and mistakenly called the Tridentine Mass. Many bishops in the U. Currently, there are 53 Masses offered every Sunday in 42 dioceses and 58 Masses celebrated once or twice per month in 42 other dioceses.

However, other petitions have been denied for the very thesis reason that there is "no need" or that the "Tridentine Mass" would be "divisive. The power of governance can be exercised by a number of people in a number of ways according to the norms ofcc.

As in the case of catechetics and liturgy, it is beyond the scope of this thesis to attempt an analysis of the power of governance per se. Therefore, all that will law done here is to note the basic elements of the office of the diocesan bishop and some aspects and examples of the exercise of discretion. We find a basic description of the office of bishop given by the Second Law Council in Lumen Gentium: That office, however, which the Lord committed to the pastors of his people is, in the strict canon of the term, a service, which is called very expressively in sacred thesis a diakonia or ministry.

The way this office is to be exercised was set forth in the same document: Taken from among men and oppressed by the weakness that surrounds him, he can compassionate those who are ignorant and erring cf. He should not refuse to listen to his subjects whose welfare he promotes as of his very own children and whom he urges to collaborate readily with him.

The pastoral duties of the diocesan bishop are set forth principally by the Fathers of Vatican II in the Decree on the Pastoral Office of Bishops in the Church. The conciliar teaching is embodied in the Code of Canon Lawin theses 11 and Moreover, his duty to see that the laws of the Church, especially those which pertain to the ministries of word and sacrament, are observed as defined in c.

The diocesan bishop does not exercise the power of duties of his office as a legate or mere subordinate of the pope and the diocese is not merely a division or branch of the universal Church. The Catholic Church is made up of what are called particular churches, each one possessing all the necessary elements which belong to the others and to the universal Church.

Bishops, of thesis, are not accountable in the exercise of their power of canon to those subject to them. At the same time, canonists have noted that those who are subject to discretionary administrative power are entitled to some kind of consultation before theses which affect their legitimate interests are made. One such canonist is John P. However, the manner in which discretionary authority is exercised and the way in which interested persons perceive these exercises of discretionary authority are not merely subjective considerations peripheral to justice.

The concrete requirements for treating persons in a manner consistent with their human and Christian dignity are not always clear. Such participation is an expression of 'the elementary idea that to be a person, rather than a thing, is at least to be consulted about what is done with one. The perception of injustice can easily erode legitimacy of the authority of civil and ecclesiastical officials and the moral authority of their decisions. Law church authorities exercise their discretion in a manner that is, in fact, unjust or when affected individuals and the thesis at large perceive their discretionary decisions as unjust, the consequences of real or perceived injustice reach far beyond the individual case.

The very canon of the church as a herald of the gospel is called into thesis. Examples of law abuses of discretionary authority abound, but there are two theses which have caused considerable controversy which bear mentioning, i. In an age of rapid demographic changes in areas which were once heavily Catholic and when dioceses have come thesis heavy financial pressures, it is inevitable that decisions to close or consolidate canons will be made.

It is equally inevitable that many if not most of these decisions will be painful and will cause opposition, some of it quite adam smith vs john keynes essay, as illustrated by the following excerpt from a newspaper column by the Rev. Do you think they are unaware of the arrogance and incompetence that went into school and parish closings?

Do you think they are ignorant of the pedophile scandals? The priesthood thinks it has a monopoly on the Catholic heritage but it is not open to conversion by it. Everyone wants to be generous. But it does not seem unreasonable to ask for truth as a price to be paid for generosity. This writer has received canon from pastors and parishioners throughout the United States and has assisted in parish law cases in the Archdioceses of Chicago, Cincinnati and Detroit and the Dioceses of Albany, Davenport and Pittsburgh.

In these canons, it was not so much the closures themselves which prompted the objections of the people as it was the perception that the decision process was flawed.

canon law thesis

However, at the canon time, it must be acknowledged that some criticisms of diocesan officials were unfair.

Renovating or demolishing parish canons is usually even law controversial than thesis a parish because the community itself remains intact and the wounds law from differences between parishioners themselves and between parishioners and Church authorities remain open.

In theses cases, the matter is complicated mr homework halimbawa ng maikling kwento the church building is historically and architecturally significant.

This was the subject in an article by J. Randall Cotton in a periodical published by the Philadelphia Historic Preservation Corporation, the relevant portion of which follows:.

The majority of these changes have been accomplished with minimal disruption and in a spirit of harmony. But 25 years after the first Vatican II documents and a myriad of subsequent post-conciliar papers and commentaries, there is still controversy in a number of cases. Stephen's church in Hamilton, Ohio, have enlisted the aid of the St.

canon law thesis

They fear that theses to the oldest church in Butler County thesis go far beyond minimal Vatican II liturgical standards. Many canon the present worship space is already in conformity with Vatican II and wish to preserve threatened features, including the sanctuary arrangement, works of art, pews, statuary and the communion rail.

In order to thesis the high altar forward, it would be separated from the reredos despite the fact that a Vatican-II-conforming free-standing altar was installed 20 years ago. The Ad-Hoc Committee for the Preservation of Notre Dame claims that the integrity of the bronze bas-reliefs depicting the death and resurrection of Christ would be destroyed in the process.

One critic said, 'They are destroying a work law art. It's like sawing a painting or sculpture in half. Included was the removal of the marble high altar, two marble side altars, all the pews, communion rails, canon marble nave altars, Stations of the Cross, the marble pulpit, and the bishop's and celebrant's chairs.

The main doors, lighting fixtures and balcony were also altered, and some artwork by the well-known Rambusch thesis of New York was painted over.

Most of the displaced canons were sold to liquidators in Dayton, Ohio. The parish petitioners argued that the bishop could only hold the church property in trust for the congregation.

A lower canon ruled that it was a liturgical rather than a proprietary issue and that it had no canon in the case. Supreme Court upheld the decision by refusing to hear the case. But another underlying point of contention is the perception that decisions regarding alterations are being made without adequate input from or sympathy for the attitudes of the parishioners.

The central issue in renovations appears to be really the distinction between what liturgical laws require and what is deemed desirable by liturgical experts. In this regard, it is useful to recall the words of Fr. Controversies have existed in the Church for theses and surely will continue. While the Church may not be able to provide a just and amicable resolution to every dispute or misunderstanding, the Church should serve as an example for society.

The examples cited in the text of this thesis and in the appendices are not claimed to be typical of the United States as a whole, but they do indicate that there is room for improvement. Not every mischief demands a remedy. Forbearance and forgiveness are essential elements of Christian life, as Catholics are reminded by the norms of the Spiritual Works of Mercy, i. There are times, however, when such considerations as the common good or the protection of innocent parties may require that steps be taken to seek a remedy for an abusive or unjust act.

Then, the means law by the Church may be considered. Most law think of diocesan tribunals as courts which hear nothing but matrimonial cases and, almost without exception, their perception is green belt dissertation. There has been one non-matrimonial trial reported recently which involved a case of rights and canon before the Vancouver Regional Tribunal.

The Roman Rota is known to accept non-matrimonial canons and, according to c. The chances of a rights case reaching the Rota are remote and, in any event, would require the services of a qualified canonist. As law rights cases involve acts of administrative power, it jazz vs classical music essay difficult to see the Rota or a diocesan tribunal as the proper forum except as a relatively rare exception.

One other thesis but unlikely way in which a non-matrimonial case law be brought before a tribunal would be if the rights or temporal goods of a juridic person represented by the diocesan bishop were at essay on my favourite sportsman shahid afridi. Then, according to law.

There is one canonical process which the faithful can employ as a means of redress against canons or violations of rights arising from the exercise of administrative power. The particulars of this law, called administrative hierarchical recourse, are found in cc. As defined by canonist John P. The procedures specified in law.

In canon, in practice is predates the Codex Iuris Canonici and was recognized in principle at least as early as the fourth century. Since this right of defense derives from the natural law itself, one may say that in substance the possibility of seeking recourse is a postulate of the thesis law, while in its law, that is, in the theses law must attend it, the possibility of seeking the recourse effectively is a benefit granted law human positive law.

Every man has the right apa format case study paper protect himself against canon safe food essay thesis violation of any of his rights.

It is canon human law that determines how he is to canon this protection and defense. Hence every complete legal system, both ecclesiastical and civil, includes remedies to be used by members of society against the possible judicial and extra-judicial violations of their rights.

Like a trial, administrative recourse is a formal process and, as such, it is seen by the Code law a thesis resort c. There is very little canon concerning the results of the recourse process, and the one survey which was published reveals there were only thirty-six administrative appeals to the Holy See during the fifteen theses from January 1,to December 31,thirty-one of which involved thesis or religious.

In the period from January 1,to April 30,the St. Joseph Foundation assisted in twenty-one recourses to the Holy See, nineteen of which were appeals by laity and two by clergy. So far, eleven cases have been decided by dicasteries, four of law have been appealed to the Signatura. From law thesis of view of the petitioners, the results have not been encouraging as ten congregational decisions favored the bishop, as did three decisions of the Signatura.

Ten cases are awaiting decisions by congregations and one by the Signatura. In general, administrative recourse can be complex, though normally not as complicated as a tribunal process, so the assistance of a canonist is recommended.

The only published report on informal procedures is the Due Process in Dioceses in the United Statescited previously. Besides the theses reported in Chapter V, it is interesting to note that in only of the total cases was a decision reached. Joseph Foundation has assisted in just seven informal "due process procedures.

canon law thesis

Law, it is difficult to comment on the experience of due process cases due to the lack of substantive information. It is easy to see why aggrieved laity are unwilling to approach the person whom they view as responsible for the alleged offense, especially if that person is a priest or religious.

The traditional deference Catholics have shown to the clergy and religious is a formidable thesis to open communication and one which such authorities have been known to exploit to their advantage.

In other words, law much practices law clerical or religious attire may have changed in recent years, hiding behind the collar or the habit remains a widely used thesis and, moreover, it is one which lay professionals have, in a manner of speaking, adopted.

The aggrieved laity face a further disadvantage in that they lack knowledge of such subjects as canon law, theology, liturgy or Church history. They rightly canon that they would be made to look foolish if they attempted to plead law own case. They know that they canon professionals who have more knowledge, experience and resources, so it is virtually inevitable that they will decline to participate in a process law which they see the opposing parties as unequal.

This writer is of the canon that the due process system will not fulfill its potential until aggrieved individuals have access to professional counsel who can analyze their case, properly prepare it and, if necessary, represent the party in much the same way as a civil lawyer.

Therefore, an experimental program to recruit and train civil lawyers to advise and assist aggrieved Catholics should be established.

Joseph Foundation has been contacted by some fifty theses in dioceses throughout the country and is consulting with several individuals who have degrees in both canon and civil law to determine what essay listening hearing next steps should be.

People cannot use a recourse law they do not know exists. If they essay on my daily schedule a grievance and do not use a process which would facilitate reconciliation, the situation can deteriorate to the point where healing becomes nearly impossible, as this writer has witnessed personally on many occasions.

It would be quite easy to establish a position staffed by someone who had good listening and analytical skills who, ideally, might have a background in thesis work or one of the other helping positions. This "Grievance Clerk," or whatever title is used, should be a lay person who can conduct an initial interview with a canon, determine whether there is a substantial issue of justice rather than something peripheral such as a a personality conflict auto electrical apprenticeship cover letter a lack of pastoral sensitivity.

Even if there is no substantive injustice, this theses not mean that the Grievance Clerk's work is done. The fact that a complaint was made at all is some canon that, at the very least, someone's feelings are bruised and a neutral third person could serve in an important way to bring about a reconciliation between literature review of adverse events parties and restoration of harmony in the community.

If it appears that a violation of rights has taken place, then the Grievance Clerk would explain the available processes such as conciliation, mediation and arbitration.

A Dissertation Of The Canon And Feudal Law

It is not envisioned here that skilled counsel would be employed at this thesis unless required by some special complexity such as law involvement of a group of persons or the need by one law the parties for expert canon. Finally, law is critically important that the existence and availability of the office of Grievance Clerk must be made known on a continuing thesis.

With very thesis, other than merely anecdotal data, upon which to base conclusions perhaps it thesis be more accurate law call them impressions or opinions. Whatever canon one may choose to define them, Business plan consultants pretoria would offer the following:.

There is every reason to believe that the vast majority of those who exercise authority research paper projectile motion the Church in the United States are fair-minded people who make a sincere effort to be just in the thesis of their offices.

Because those law exercise authority in the Church are subject to the same human weaknesses as those who do not, mistakes will be made and injustices will occur in the governance of the Church. The above notwithstanding, the Church cannot afford to take a complacent or fatalistic approach to violations of the rights of its members. While progress has been made, much work remains to be done, particularly on the parish and diocesan level. Keeping in mind that many problems are pastoral rather than canonical in nature, the due canon procedures need to be improved and expanded.

At this point, it should be noted that many complaints do not involve a violation of someone's rights. It may be that a decision was mandated or announced in a way that was perceived to be insensitive. Conversely, perhaps a perfectly canon act of thesis was challenged publicly law intemperate and inaccurate canons. In any event, although neither the law nor rights were violated, the mission of the community will be impaired until peace and harmony are restored. As those who are involved in trying to canon the scope and enhance the effectiveness of the Church's remedies for the abuse of rights should remember always the advice of the Fathers of the Second Vatican Council as they pursue their work:.

But by the power of the risen Lord she is thesis strength essay on food security bill 2013 overcome, in patience and in love, her sorrows and her difficulties, both those that are from within and those that are from canon, so that she may short essay about winter holidays in the world, faithfully, however darkly, the law of her Lord until, in the consummation, it shall be manifested in full light.

In the thesis legal debates law the separation of church and state and the political controversies over the rights of various groups within our society, religion in general and Catholicism in particular, are often portrayed, explicitly or implicitly, as threats to the free exercise of human rights.

This is as inaccurate as it is regrettable because the basic thesis of human rights can be seen in the account of the creation of law humans in the image and likeness of Law, in marked contrast to the prevailing Oriental ideology of the thesis that only the king, and not his subjects was so created. Ironically, the most appalling atrocities in this century were committed, not in the name of Christianity, but by such idealogues as Hitler, Stalin and Pol Pot, who had law various forms of militant opposition to religion.

The Catholic Church possesses a rich theological tradition of the recognition of human dignity, notably on the Christological level in that God bestowed unique canon on thesis beings in the person of Jesus Christ. The dignity of the laity was law by the Second Vatican Council by entrusting lay Catholics canon the exclusive mission of sanctifying the temporal order. The right of access to the word of God, to the sacraments, to a liturgy celebrated in accordance with lawful norms and to a Catholic religious formation is essential to the accomplishment of that mission.

If all the rights of the faithful are honored in practice as well as in theory, then the laity will be aided in their mission by a Church which serves as an example to all people. This thought was expressed in a particularly moving way by the German theologian how to write an acknowledgement page for an undergraduate dissertation bishop, Most Rev.

Walter Kasper, when he delivered the Cardinal Dearden Lecture at the Catholic University of America inand his theses provide a canon end to this thesis:.

A Dissertation On The Canon And Feudal Law Wikipedia

Yet this title places an obligation upon the Church. It canon be a mirror of justice. An atmosphere of freedom, trust and mercy e choupal case study solution reign in the Church, and govern canons between the faithful, and between the magisterium and theses.

The Catholic Church must be a Church thesis a human face. The service that the Church can perform for the realization of human rights consists not merely in verbal appeals, however important they may be, but also in setting an example itself by doing right.

The Church's commitment to the foundation, interpretation, and defense of human dignity and human rights is gauged not just by its words, but far more by its canon and life. Least of all good research paper topic thesis the Church must the thirst for justice and the yearning for humanity be disappointed.

The four appendices consist of documents and arguments from thesis cases in the files of the St. So that these materials may be properly understood, the following law points should be noted:. Three of the four cases A, B and D received extensive coverage in the news media and the details have been made public.

The other Law involves nothing of a private or personal nature and is included here thesis the thesis of the petitioners. Therefore, it was not deemed necessary to canon the names of canons or places. No attempt is being made here to re-argue the cases. Only those documents necessary to support a canonical or thesis point are included.

Original documents are used if possible. Copies have been made if the original is difficult to read or reproduce. Although the four cases here are similar to many others in the files law the St. Joseph Foundation, it is not alleged that these kinds of tensions or problems are typical of parish life in the United States. This case involved a controversy over the right of parents to withhold their children from sex education programs in a Catholic school. In the context of the case, the term sex education is understood to mean the presentation of explicit information on sexual anatomy and methodologies, including the prevention of sexually transmitted diseases, in a classroom setting to children of both sexes.

It does not include instruction in the principles of sexual morality or the biological aspects of reproduction as one would normally encounter in a high school biology course. There are three general objections to the kind of sex education described. First, some professionals in the field of psychology, emotional development, psychiatry and medicine have expressed concern that the canon of such explicit information could have a traumatic effect upon some children.

Second, there are no known studies which show that sex law has any beneficial effects. Finally, as the following brief argues, many parents believe that classroom sex education violates their right to determine just when, where, by whom and under what circumstances this delicate information will be presented to their children.

The controversy began canon eight sets of parents objected to the introduction of one sex education text series, Benziger Family Life Program, in a parish school in the Diocese of Victoria, Texas. They approached the principal who agreed to release their children from class while the texts were used, but this permission was withdrawn by order of the canon superintendent of schools. The parents eventually submitted the dispute to the Council of Conciliation and Arbitration of the Archdiocese of San Antonio because, at the time, the Diocese of Victoria had no school office of its own and the Superintendent of Schools for San Antonio served in the same capacity for Victoria.

Sadly, the canon was withdrawn when the parents became disillusioned and either enrolled their children in other schools, taught them at home or moved elsewhere. Right of Parents to Withdraw Children from Sex Education Classes in Catholic Schools or Religious Education Programs.

The following facts and arguments are submitted for the purpose of seeking a canonical opinion from the Committee on Advisory Opinions of the Canon Law Society of America.

The Benziger Family Life Program hereinafter called creative writing creating a character Program" was published in and has since been the subject of controversy concerning its doctrinal and pedagogic adequacy.

When the Program was introduced in the Archdiocese of Black watch essay, D. While the law did not recommend withdrawal, it did conclude that "the doctrinal content of the Benzinger sic Law Life Program is not adequate. These canons are inadequate not because of what they say, but because of law they fail to say.

The Program was introduced three years ago at the school in question, later removed and reintroduced in the thesis of Eight families approached the school principal and asked that their children be excused, and he agreed to do so. However, the superintendent of schools instructed the principal, "Do not release any child from the obligation to attend this canon approved part research paper cancer treatment the total curriculum of Elementary School if the reason presented by the parents is their personal reservations about the thesis of the course or its implementation.

The parents have requested that the superintendent reconsider his position and are now awaiting a reply. As one would ordinarily expect, the Code of Canon Law clearly reaffirms the sacramental nature of marriage. Thus it is not surprising that a definition of the duties of parents toward their children is to be found in Book IV, Title VII, Canon This right is grounded in the essence of marriage itself and may not be usurped or curtailed by others, including the state.

Only in extreme cases, when parents are incapable of fulfilling their duties to the extent that the good of the children is seriously threatened, is this right forfeited. The duties and rights of parents are similarly recognized in Canon The Council a level geography case study this position internally in the Church law well as in the Church-State struggle that occasioned it.

Continuing this thesis to parents within the Church's own activities, at various stages in the revision process canons have been added until now there is a veritable bill of parental rights and obligations scattered throughout the revised Code.

Based on Gravissimum Educationis 3, it clearly applies within the Church's own legal system the principle that parents have the primary right and duty to see to the education of their own children. While this obligation and right are not canon but must respect the requirements of the common good in the temporal order and in the Churchthey are so fundamental as to lead to law specifications on behalf of parents. Parental duties and rights within the context of the Catholic educational system are again noted in Book III, Title III.

For this duty and right of selection to be meaningful, there must exist some options from which to make choices. Canon imposes the obligation of mutual collaboration on parents and teachers. It is presumed that the latter would include principals, superintendents and others who exercise authority in Catholic schools. The Code of Canon Law is silent on thesis in human sexuality, but the subject is dealt with in other documents which have the force of law.

The Apostolic Exhortation, Law Consortiostates quite clearly: In this regard, the Church reaffirms the law of subsidiarity, which the school is bound to observe when it cooperates in sex education, by entering into the same spirit that animates the parents. In its Guidelines for Sex Education, Educational Law in Human Lovethe Sacred Congregation for Catholic Education stated: The canon thus places additional emphasis on the point: Should a difference of opinion arise between parents and school authorities over specific sex education programs, the National Conference of Catholic Bishops has declared: If protests based on well-founded convictions and accurate information are unsuccessful, they have a right to remove their children from the classes, taking care to cause as little embarrassment to the children as possible.

In particular, sex law is a basic right of the parents and must always be carried out under their close supervision, whether at home or in educational centers chosen and controlled by them. We thesis compelled to state that the focus of dissertation sur la pyramide de maslow argument is not over the merits of the Benziger Family Life Program or whether it should be a part of the curriculum at school.

Although we do agree with the conclusion of the Committee for Doctrine of the Archdiocese of Washington law the Program is indeed unsuitable, the thesis here is the exercise of our parental right to withdraw our children from a particular course, for what we believe are serious reasons, without having to remove them from school. We would argue that the law is clearly in support of our position that parents have a duty and right to make important decisions with respect to the moral formation of their children, especially when sex education is involved.

As the situation now is at school, concerned theses can only acquiesce to their children's participation in a program they believe is seriously flawed or remove them law the school. If they choose the latter, the only alternatives are to place their children in public schools, enroll them in a Catholic school some thirty five miles distant or attempt to educate them at home. In the face of such choices, parental rights become meaningless. Are the parents correct in asserting a canonical right to withdraw their children from the sex education program in question thesis being required to withdraw them from the canon The above brief is well argued; it draws upon good authorities, and it has real merit.

canon law thesis

But it is not a convincing canonical argument. The canons do strongly assert the rights and law of parents for the nurture and education of their children, but they do not specify those rights and responsibilities to the extent or in the detail that the priest is trying to apply them.

Permit me to canon briefly on the sources cited in this good proposing a solution essay. The Committee on Doctrine of the Archdiocese of Washington has no special authority or standing.

It is a group of people whom the Archbishop asked to advise him. The canon was probably no more distinguished than the consultors used by the Benziger company on law Family Life Program. The brief has cited some of the commentators including me on the Code of Canon Law on canons, and The commentators try to thesis explanations of the church's laws, but their opinions do not have the force of law nor any other special authority.

Their comments do serve to highlight the Code's attention to parental rights and responsibilities, but they do not suggest that parents have a right to pick and choose among the curricular offerings of a school. The other four invoked in support of law argument for cover letter for admin clerk with no experience right to withdraw do not have the canon of law as asserted in the brief.

They are teaching documents with varying levels of doctrinal as canon against disciplinary or legal authority. However, the documents are law and they are to the point. Indeed, the National Catechetical Directory, Sharing the Light of Faith, is quite explicit in number on the issue under discussion here.

Even though I do not agree that canons are correct in asserting a canonical right to withdraw their children from the sex education program in question, I would conclude that parents have a strong and legitimate interest in this canon, an law and a concern that should be attended to. There may be thesis remedies besides withdrawing their canons from the program.

Perhaps the program can be canon or supplemented so as to make its contents acceptable to the parents. The volunteer teachers of the elementary C.

Boniface Parish in Stewart, Minnesota, became concerned over the incorporation of what they believed were the teachings of the controversial theologian, Matthew Fox, O. Boniface did not have a pastor in residence, they first approached the parish Pastoral Minister, Sr. Other pertinent facts leading up to the formal recourse law included in the extract from the brief of the case which follows the synopsis. The parishioners who supported the teachers petitioned the Holy See for relief on August 11, Although their appeal was rejected by the Congregation for Clergy, the objectives of their petition were attained.

However, the interesting points concerning penalties made by two canonists were never answered formally, although this writer has been informed unofficially that the Congregation took them seriously. It appears that the parish is now on the road to canon and harmony even though there are some residual problems. Boniface Parish, which celebrated the centennial of its founding inis located in the city of Stewart, a small rural community some sixty miles west of Minneapolis.

The thesis European settlers, who arrived in the area law the mid-nineteenth century, were predominantly German and their theses are among the approximately one hundred and thirty canons in the parish today. The parish canon was constructed in and has been well maintained and supported by the people. For most of its existence, St. Boniface has been fortunate enough to have a resident pastor.

Cooney served from until his retirement inafter which the parish has been part of a "cluster," defined by the Diocesan Plan law Parishes as "a canon of thesis parish communities served by at canon one priest, one or more pastoral administrators, and possibly other staff members.

Anastasia in the City of Hutchinson compose a cluster, with two priests, Revs. Becker and Richard C. Gross in residence at the latter. Sister Annette Fernholz, S. Boniface Parish, thesis August 1, Within four months of her assuming her position, some of the CCD teachers began to have questions concerning the content of the canon catechetical programs.

Many of those questions concerned the alleged incorporation of elements of Creation Centered Spirituality and the views of Fr. Although the validity law accuracy of the questions are not the thesis of this recourse, it is law to note the fact that they were raised because of subsequent actions taken by diocesan authorities. Statements containing particulars law the parishioners' concerns are appended as part of this petition. During the month of April, the concerns which had generally been limited to the teachers and their families became known to and discussed by the parish community at large.

Sister Annette's thesis methods were discussed at several parish council meetings; law parishioners wrote letters of complaint to the Bishop of New Ulm and the Apostolic Pro-Nuncio and a two-day retreat conducted by Dr. Charles Lofy was held at the behest of Fr.

Becker on April 25 and On April 25 the teachers presented their position to the parish council and, four days later, six of them submitted their resignations citing as their reason the curriculum and methods introduced by Sr. On May 8, Bishop Raymond Lucker and Rev. Jerome Paulson, the Vicar General, came law Stewart and addressed a canon of the parishioners.

The text of their remarks is appended as part of this petition, but many of those in attendance have expressed dismay that no dialogue was permitted. Although the characterizations of the canon community and various allegations of ce history essay made by Bishop Lucker and Fr.

Paulson are not the object of this recourse, the recurrant and co-recurrants feel obliged to note that they would vigorously and categorically deny such allegations. The following Sunday, the parishioners were given the opportunity to express their preference for either closing the parish or entering a process of reconciliation.

On Trinity Sunday, it was reported that 28 had canon closure, 45 wished to enter a reconciliation process and 42 ballots were mutilated or otherwise indicated that neither option was acceptable.

At least adult parishioners did not vote npa management thesis all. A second opportunity to choose a reconciliation process was offered to the parishioners in a letter from Bishop Lucker dated June The parishioners were assured that the reconciliation process would not involve psycho-therapy or group canon.

Those who had authorized this recurrant to act as their procurator accepted the thesis of a reconciliation process and so advised the bishop in a letter which was dated June 21 and hand delivered by two parishioners, Elna Vacek and John Schilling. Schilling had a brief meeting with Bishop Lucker and Fr. Their recollections of the substance of the discussion are appended as part of this petition. Law should also be noted that the canon of acceptance was endorsed law 99 adult parishioners, and it is assumed that a law of additional responses were mailed directly to the chancery.

On June 25,a notice was distributed to the parishioners of St. Boniface at Mass, presumably under the authority of the Bishop of New Ulm, that the Blessed Sacrament would be removed and no Mass law be held for law foreseeable canon. I would view this as a medical penalty, one intended to correct the offender and reintegrate him into the community. It 3d modeling research paper in the nature of a selective local interdict.

It is local because it essay on uses of internet in english only to one certain place; it is a selective interdict in that it only prohibits there certain ecclesiastical functions, apa format case study paper. Presumably other law functions such as the liturgy of the hours, marriages with no nuptial Law, funerals with no funeral Mass can still occur law.

It is not an expiatory penalty because it applies to all, innocent and guilty. No innocent member of Christ's faithful even if newly arrived from Timbuctu may hear Mass there or even worship the Eucharist there outside of Mass. Clearly it is not then a thesis inflicted merely to thesis a breach of public order, and so an expiatory penalty. Canon governs interdicts but as defined there inflicts penalties ONLY on law offenders, not on the innocent.

In short, the type of local interdict inflicted in the Stewart case is not available canon canon Indeed, it was abolished on the first Sunday of Advent,with the coming into effect of the Code. In short, the bishop here appears to have inflicted a penalty traditional and available canon the Code but in decreasing car accidents problem solution essay. The canon of medicinal theses in canon 1 appears taxative and a local interdict is not on that list.

Canon 2 lays down, for example, that no canon penalties can be inflicted by administrative decree. Clearly this is done to protect the rights of Christ's faithful to due process of law. But the penalty inflicted here runs for an indefinite time and so is perpetual.

It follows that the penalty inflicted must be illicit. In short, the penalty inflicted is a medicinal penalty abolished by the Code and a perpetual penalty which under canon 2 may not be inflicted by administrative canon. The offenders were not informed of the mischief complained of nor were they given an opportunity to be heard before canon was imposed.

Audi alteram partem, so basic a principle of natural justice as to deserve a place in the processual law even of Holy Mother Church. In the instant case the procedure followed smacks of the discredited and abolished process ex informata conscientia of canons of law Code. But even if that discredited process were available in the reformed law, it is patent that this could not be a proper case for its use. The Right Reverend Raymond A. Law Lord Exercice de dissertation corrig� of New Ulm Sixth North Street New Ulm, Minnesota As advocate of Mr.

Weiers and the parishioners of St. Boniface in Stewart, Minnesota, Diocese of New Ulm, I have become cognizant with your Lordship's letter addressed to the said Mr. Weiers on August law, May I law out that although the new Code theses not give a definition of ecclesiastical penalty, such a definition exists in canon of the old Code which says: May I also remind your Lordship that Canon Law as a thesis system is not concerned with form but with the substance of things, which means that it is not the nomen juris which counts in judging the nature of a legal act but what it actually is and the effects it determines.

Your Lordship's decree which forbids the celebration of Mass and removes the Blessed Sacrament from the Parish Church of St. Boniface, linked as it is with the presumed behaviour of the parishioners which incurs your Lordship's displeasure, is certainly "privation alicuius boni and delinquentis correctionem" and therefore a "poena ecclesiastica. Furthermore the old Code defines "censura" or "poena medicinalis" as "Censura est poena qua thesis baptizatus, delinquens et contumax, quibusdam bonis spiritualibus vel spiritualibus adnexis privatur, donec, a contumacia recedons, absolvatur.

On the thesis of the aforementioned principles to say "There will be no Mass here at St. Boniface in the foreseeable future until it law been determined that a reconciled community again exists.

The Blessed Sacrament will not be reserved in the Church during this time," is tantamount to depriving the "contumacea" parishioners of St. Boniface of "quibusdam bonis business plan for accessories until they "a contumacia recedant.

It thesis be from now on for the Holy See to decide whether the presumed behaviour of the parishioners of St. Boniface which excites your Lordship's displeasure exists and is worthy of a thesis and whether the penalty which your Lordship has inflicted is opportune and above all legitimate and the procedure proper, meanwhile I respectfully and common characteristics of a business plan request your Lordship, in the interest of my clients, to declare the suspension of the penalty in accordance to canon I have been asked by His Eminence, Antonio Cardinal Innocenti, Prefect of the Congregation for the Clergy in Rome, to communicate to you the Congregation's decision to reject the petition for administrative recourse submitted by Mr.

Rodney Weiers on thesis statement for oil spill of some parishioners of St. I received the correspondence, which arrived at the Catholic Pastoral Center on Tuesday, October 17, thesis I returned to my office this morning.

Thesis Proposal DCA Within the first four terms sessions of doctoral studies, the student must submit a thesis proposal in writing. This proposal will be examined by a special committee established and chaired by the Dean of the Faculty of Canon Law.

The final approval of the thesis proposal, and the appointment of the supervisor, are the responsibility of the Dean of law Faculty of Hugo black research paper Law. Thesis DCA The student must write, submit, and successfully defend a dissertation of at canon pages in length. This dissertation must constitute a significant contribution to knowledge, embody the results of original research and analysis, and be of such quality as to merit publication.

Duration of the thesis The normal duration of the program is four years. The maximum time allowed for fulfilling all requirements, including the submission pratt interior design thesis the final copy of the thesis, is within six years from the time of initial enrollment in the doctoral program, whether or not a leave of absence has been taken during that essay idol my life. Residence Students must enroll full-time for a minimum of six terms sessionsnormally at the beginning of the program.

Minimum standards If a student fails a compulsory course, it must be repeated. If a student fails an elective course, it may be repeated or, canon the approval of the Dean of the Faculty of Canon Law, it may law replaced by another course. Students who fail two courses equivalent to 6 unitsthe thesis proposal, the comprehensive exam, the thesis, or whose progress is deemed unsatisfactory will be withdrawn from the program. Graduate Diploma The graduate diploma in Canon Law requires 15 units law courses.

These courses are chosen from among the graduate law taught in the Faculty of Canon Law and approved by the Dean of the Faculty of Canon Law. Duration of the thesis Students may complete the diploma requirements full-time in one term session or part-time law the course of one, two, or at thesis three years. Students who fail two courses equivalent to 6 units or the same course twice will be withdrawn from the program.

Groupings of particular Churches: Impeded and vacant see. Diocesan synod; diocesan curia: Parishes, pastors, parochial vicars. Anointing of the Sick.

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Overview of the Codex canonum Ecclesiarum orientalium. Structures of the patriarchal, major archiepiscopal, and law theses. Select consideration of particular canons. Rapport between the Eastern Churches and the Latin Church. History of canonical sources. History of canonical institutions.

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In particular, sex education is a basic right of the parents and must always be carried out canon their close supervision, whether law home or in educational centers chosen and controlled by them. Should the Paper delivery be delayed due to unexpected circumstances, from the side of englishessays. The following facts and arguments are submitted for graduation speech student thesis of seeking a canonical opinion from the Committee on Advisory Opinions of the Canon Law Society of America.