Showing posts with label canon law. Show all posts
Showing posts with label canon law. Show all posts

Saturday, 13 October 2012

THE GOD OF ANSWERS

Then the Lord passed by and sent a furious wind that split the hills and shattered the rocks – but the Lord was not in the wind. The wind stopped blowing, and then there was an earthquake – but the Lord was not in the earthquake. After the earthquake there was a fire – but the Lord was not in the fire. And after the fire there was the soft whisper of a voice.

- 1 Kings 19:11-12

   Jesus, according to noted Franciscan priest, retreat master,  and author Richard Rohr, was asked some 120 questions in the Gospel stories – it may surprise you to learn that he only answered three!

 

   The current Catechism of the Catholic Church (1992) consists of  some 700 pages highlighting exactly 2,865 statements intended to cover the essential and fundamental contents of Catholic doctrine.  The Compendium of the Catechism of the Catholic Church lists a further 598 statements.  Both texts provide answers on just about every aspect of life – and death – for every Roman Catholic in the world.  Today the Vatican Library stores some 75,000 manuscripts and over 1.1 million printed books dating back to the earliest days of the church.

 

   By comparison the Baltimore Complete Adult Catechism (1941) consisted of some 1400 questions and answers arranged in 37 lessons.  With questions ranging from “Who made us?”  to “Name some of the more essential religious truths we must know and believe”.

 

   Orthodox Jews, on the other hand, are required to observe a ‘mere’ 613 commandments while the Koran (placing emphasis on the moral obligations of all its followers) consists of over 100 hundred verses or suras that our Muslim brothers and sisters are required to learn by heart from school age on.

 

   The New Catholic Catechism (1969) produced by The Bishops of the Netherlands, reflected the very essence of the pastoral style introduced by the fathers of the Second Vatican Council.  It invited readers to explore their faith with an open mind in an increasingly complex and multi cultural society made up of many faiths and more interfaith marriages.   Note, how the 1969 version treats the question of homosexuality: “It is not the fault of the individual if he or she is not attracted to the other sex. The causes of homosexuality are unknown” [i] This rendering appears in sharp contrast to the tone in the current Catechism of the Catholic Church [ii], which states: Homosexual persons are called to chastity . . they should gradually and resolutely approach Christian perfection.
 
The current Catechism is structured much like a legal document complete with carefully designed and precisely arranged paragraphs. Additionally, and unlike its predecessor, it is written in the  stilted  clerical language typical of most Vatican documents. Its style, verse and chapter, precisely reflects Roman Catholic Canon Law (1983) which forms the basis for the Church’s operating manual or internal legal system. 
 
As a legal document the current Catechism of the Catholic Church (1992) has raised perhaps thousands of Roman Catholics that now carry a very dualistic view and understanding of what is right and what is wrong.  Who belongs and who doesn't -  who is guilty of a grave and intrinsically disordered sin and about an institution that is not!  Who should be excommunicated and who should be made a saint!  Should life be so simple or so black and white.

 Jesus or his disciples never recorded a single word.  Jesus didn’t ask the local scribes (who he frequently criticized) to record his words.  Faith, the precious gift from God is written on our hearts not on a piece of paper. It is here that we will find all the answers we will ever need. Perhaps we don't even need a catechism.  Certainly the early church survived without one. The church can point the way but never become the destination. 

Where has the mystery of faith, our hidden gift from God gone?

The Catechism speaks of love but promises little.  As a result it is more often used as instrument of punishment than a means to engage in a loving and forgiving relationship with our neighbour and self through an unconditionally loving deity.

No one should expect members of the clergy to say anything that challenges the catechism. But this document creates more controversy than diversity.  This is  especially evident when it comes to discussion on #2357 where the word 'love' is not only noticeably absent but defies overwhelming scientific and medical evidence to the contrary . At time the Roman Catholic Curia seems to defy scientific progress perhaps because of its glorious past.  However, God meets us in the present not in the past and not in the future .  God meets us where we are and not where others would have us be. God who is the Word alive loves us and  his creation unconditionally!  Let us celebrate that incredible mystery today.   

  

  In an attempt to create a homogenous and perhaps unifying understanding of our beliefs; religions often discourage its members to explore their faith beyond ‘established and well defined’ boundaries.  But surely, we must ask: is God not greater than that?  What’s more, surely we have not exhausted whom God is and can be for us today?  St. Thomas of Aquinas, perhaps the greatest theologian of the Catholic Church, is quoted as saying 'concerning the nature of God, it is better to consider what God is not".   While upon his death, reflecting on the many volumes he had authored:  “all that I have written seems like straw to me."

 
  Our demand for definitive answers, rather than the search, often appears elusive when it comes to discovering the Creator within.  I strongly believe that ‘ready answers’ instead of questions often prevent us from embracing the very mystery of God.  The demand for exacting and narrow  definitions, in a world, where almost everything can be ‘Googled’  may prevent us from discovering what we already know with our hearts but not with our minds.

A MODERN PARABLE 
 A little three year old girl  wanted to hold her newborn brother but was discouraged by her parents for fear she might drop the baby.  Finally, after continued persistence the parents relented and allowed her to enter the nursery alone, holding back with obvious trepidation.  Watching secretly from a safe distance and observing the little girl, the parents could just hear the girl ask her baby brother: “tell me again about God, I’m starting to forget?”

           
   Karen Armstrong in her book The Great Transformation [iii]  writes that until the eighth century, writing was regarded as a divine, uncanny skill that was potentially dangerous for human beings. The view being that the wisdom of the community belonged to everybody; and should not become the possession of a literate minority.  At the time, Jewish scholars argued that the shift from oral tradition to written texts can lead to religious stridency, giving a student misplaced clarity and certainty about matters that are essentially elusive and ineffable.

 

  Definitions and perhaps even creeds, do not define who we truly are and more importantly who we can be. Instead they often become fixed standards that divide and separate us from one another. Similarly, church dogma and doctrine can be very helpful in guiding us toward the Truth  but should never become the substitute for the heart and love of the mystery that is God.   

 

  Our search for peace and unity, based on diversity, will demand more questions than answers if we wish to seek a greater understanding of that mystery that speaks beyond mere words.          



[i] A New Catechism, p. 384, A Crossroad Book, New York, 1969.
[ii]  Catechism of the Catholic Church, Canadian Conference Of Catholic Bishops, Ottawa, 1992
[iii] Karen Armstrong, The Great Transformation – The Beginning of Our Religious Traditions, Vintage Canada, 2007
 

Monday, 27 February 2012

College of Cardinals and Vatican II


Cardinal Collins receives red hat
The College of Cardinals, a group of approximately 120 members (as we know them today) has a relatively short history in the Roman Catholic Church.  As part of the ecclesiastical reforms of the eleventh century, the bishops and priests who were cardinals gained increased significance and became a collegial body under Pope Nicholas II.  
The College of Cardinals has become increasingly influential in the church.  Pope John Paul II expanded their role by calling on them – and not the Synod of Bishops – for advice and counsel on certain key issues, like church finances and the child abuse crisis.  More importantly it is this group that holds the exclusive and political right to elect the next pope. 
At Vatican II the decline of monarchy and the democratic ethos prompted the rediscovery of a traditional Christian conviction: every member of the church is fundamentally equal in dignity, destiny and rights.  Vatican II reclaimed this truth and wanted to infuse the church’s life and thinking.  So the Council re-framed the roles of the Pope, bishops and priests from superiority to service.  This concept remains most vigorously opposed by the present hierarchy.  Pope Benedict XVI refuses to recognize that it is the laity, the most numerous body of the church and rightfully recognized by Vatican II as the ‘People of God’, have an equal role to play in the spiritual and political direction of the church. In that sense the Catholic hierarchy including The College of Cardinals therefore usurps the right of the laity to take part in the church’s future.




Cardinal's Oath
I [name and surname], Cardinal of the Holy Roman Church, promise and swear to be faithful henceforth and forever, while I live, to Christ and his Gospel, being constantly obedient to the Holy Roman Apostolic Church, to Blessed Peter in the person of the Supreme Pontiff Benedict XVI, and of his canonically elected Successors; to maintain communion with the Catholic Church always, in word and deed; not to reveal to any one what is confided to me in secret, nor to divulge what may bring harm or dishonor to Holy Church; to carry out with great diligence and faithfulness those tasks to which I am called by my service to the Church, in accord with the norms of the law.
So help me Almighty God.
[Translation by Zenit.]


The recent display of opulence at the Vatican surrounding the election of 22 new Cardinals flies in the face of world wide poverty and the promise to uphold the 'preferential option for the poor'.  
Anyone who thinks that the church’s hierarchy is simply a body that exists primarily to benefit the people it serves relinquishes their most important role and responsibility as Christians to serve the world community in the manner portrayed by Jesus Christ .  Under Canon Law all Catholics are called to share in this responsibility as follows:
  •     All Catholics have the right to follow their informed consciences in all matters (Canon 748,1).
  • Officers of the church have the right to teach on all matters both of private and public morality only after wide consultation with the faithful prior to the formulation (C.212,C747,C749,C752,C774.1).

  • All Catholics have the right to engage in any activity that does not infringe on the rights of others: e.g. they have the right to freedom of speech, freedom of the press and freedom of association (C.212,C.215,C.223)

  • All Catholics have the right of access to all information possessed by Church authorities concerning the former's spiritual and temporal welfare, provided such access does not infringe on the rights of others (C.218,C.221,C.223,C.1287).
  • All Catholics have the right in a voice in all decisions that affect hem including the choosing of their leaders. All Catholics have the right to have their leaders accountable to them. (C492,C.1287).
  • All Catholics have the right to form voluntary associations to pursue Catholic aims, including the right to worship together, such associations have the right to decide on their own rules of governance (C.215, C.299,C.300,C.305,C.309).
·       All Catholics have the right to express publicly their dissent in regard to decisions made by church authorities (C212,C.218,C.753).
  • All Catholics have the right while being mindful of Gospel norms to follow whatever paths will enhance their life in Christ; that is their self-realization as unique human beings created by God. They also have the right to guidance that will foster authentic human living both on a personal level and in relation to their communities and the world (C.213).

  • All Catholics regardless of race, age, nationality or sex and sexual orientation, state of life or social position have the right to receive all the sacraments for which they are adequately prepared (C.213, C.843).
  • All Catholics have the right to have church office holders foster a sense of community. (C.369).
     Since the College of Cardinals and Bishops must swear an oath of fidelity and obedience to the Pope and his Successors its political implications cannot be avoided.  The ever increasing tension between those who want to hold on to Tradition as it existed before Vatican II and those of the ‘Sensus Fidelium’ who visualize and desire a community  that moves and speaks to their struggles and concerns in the present.  This tension is being escalated by a hierarchy that is simply built on power and control.



Thursday, 27 May 2010

What are my legal rights as a Catholic?








Have you ever wondered what your legal rights are as a lay member of the Roman Catholic Church are? The following is intended to provide the reader with a quick summary of their legal rights and liabilities according to Canon Law as well as a relatively unknown legal agreement between the Vatican and other countries known as a 'concordat' that directly affect laity and/or clergy.

CONCORDATS

Concordats are legal agreements (often secret) between state and the Catholic Church that give the Church massive state subsidies and other privileges. They can effectively force liberal Catholics to observe orthodoxy, and can disadvantage non Catholics as well.

Concordat Watch is a website dedicated to ensuring that these agreements are made public and to protect the individual under civil law. A recent article by this group highlited how Canon Law can trump clerics' civil right.
"A Swiss priest was forbidden to research or publish anything about Opus Dei until its founder was safely canonised. A Polish priest was banned from investigating or writing anything about clerical complicity with the Communist Secret Service. And countless others who never make it into the newspapers suffer the same fate. For they are bound by Canon Law, the Church regulations whose jurisdiction is guaranteed by concordats — often in the very first article.
Concordat Watch also reported:
Gay Catholic group Acceptance had planned a forum to be held during the Pope's World Youth Day celebrations in Australia in July 2008. It was to be called "Living a Christian Commitment: Different Sexualities Among Catholic Youth". However, after pressure from the Vatican, the Jesuits withdrew their offer to host the gay young people, who are now forced to look for a non-Church venue.
Other concordat clauses enforce Canon Law on the employees of Church-run institutions, even though these are funded by the state. For example, the concordat with Hitler (1933, Article 24) is used to this day to fire teachers in Catholic schools if they remarry after a civil divorce.
European Union Lawyers have warned that Concordats endanger human freedom.
CANON LAW
Several years ago Catholic New Times ran an article 'Know your basic rights in Canon Law' that should be required reading for all Catholic parishioners. Perhaps it should even be posted before they enter the church or attend any church function. Here's follows the article as it originally appeared in January 2006.

  • All Catholics have the right to follow their informed consciences in all matters (Canon 748,1).

  • Officers of the church have the right to teach on all matters both of private and public morality only after wide consultation with the faithful prior to the formulation (C.212,C747,C749,C752,C774.1).

  • All Catholics have the right to engage in any activity that does not infringe on the rights of others: e.g. they have the right to freedom of speech, freedom of the press and freedom of association (C.212,C.215,C.223)

  • All Catholics have the right of access to all information possessed by Church authorities concerning the former's spiritual and temporal welfare, provided such access does not infringe on the rights of others (C.218,C.221,C.223,C.1287).
  • All Catholics have the right in a voice in all decisions that affect hem including the choosing of their leaders. All Catholics have the right to have their leaders accountable to them. (C492,C.1287).

  • All Catholics have the right to form voluntary associations to pursue Catholic aims, including the right to worship together, such associations have the right to decide on their own rules of governance (C.215, C.299,C.300,C.305,C.309).
  • All Catholics have the right to express publicly their dissent in regard to decisions made by church authorities (C212,C.218,C.753).
  • All Catholics have the right while being mindful of Gospel norms to follow whatever paths will enhance their life in Christ; that is their self-realization as unique human beings created by God. They also have the right to guidance that will foster authentic human living both on a personal level and in relation to their communities and the world (C.213).

  • All Catholics regardless of race, age, nationality or sex and sexual orientation, state of life or social position have the right to receive all the sacraments for which they are adequately prepared (C.213, C.843).
  • All Catholics have the right to have church office holders foster a sense of community. (C.369).
That same year (2006) Kevin E. McKenna published 'a concise guide to Your Rights in the Catholic Church. In his introduction the author explains the intent behind this book as follows: "In the midst of [sexual abuse] crisis, some lay people, fearing they had no rights or that their rights were woefully ignored, turned to civil authorities to prosecute allegations of sexual misconduct against clerics. At the same time this book is also aimed at protecting innocently accused clerics and their rights within the church.
For the purpose of this blog I have listed a summary of the 'Rights of the Laity' as provided in the same book as follows:

  1. Married Christians have the right to imbue the world with their charisms and spirituality (CIC 226, Par. 1:CCEO 400)

  2. The lay Christian faithful have the right to educate their children (CIC) 226, CCEO 627, Par. 1, CCEO 627, Par. 3)

  3. The lay Christian faithful have the right to freedom as citizens (CIC 227; CCEO 402)

  4. The Lay Christian faithful have the right to assume ecclesiastical offices when qualified (CIC 228, Par.1, CCEO 408, Par.2)

  5. The lay Christian faithful have the right to act as advisors to pastors (CIC 228, Par 2. CCEO 408, Par. 2)

  6. Lay Christian faithful have the right to acquire knowledge of Christian doctrine (CIC 229, Par 1, CCEO 404, Par. 1). They also possess the right to acquire the fuller knowledge of the sacred sciences taught in ecclesiastical universities and to obtain appropriate degrees (CIC 229, Par. 2; CCEO 404, Par. 2) They also have the right, when properly qualified and with requisite suitability, to receive a mandate from ecclesiastical authority to teach the sacred sciences (CIC 229, Par.3; CCEO 404, Par.3)

  7. Laypersons have the right to decent remuneration when employed by the Church (CIC 231, Par.2; CCEO 409, Par. 2)
If after reading all this you still have doubts about your rights in the Catholic Church, particularly as it affects your conscience, please read again what the Vatican II fathers said about that in an earlier blog http://whenreligionfails.blogspot.com/search/laber/conscience
Abbreviations
CIC Code of Canon Law, Codex Iuris Canoici
CCEO Code of Canons of the Eastern Churches, Codex Canonum Ecclesiarum Orientalium

NOTE: Since the Renaissance Justitia (pictured above) is most often depicted with a set of scales typically suspended from her left hand, upon which she measures the strenghts of a case's support and opposition. She is also often seen carrying a double-edged sword in her right hand, symbolizing the power of Reason and Justice, which may be wielded either for or against any party. The blindfold is intended to indicate that justice is (or should be) meted our objectively, without fear or favor, regardless of identiy, money, power, or weakness: blind justice and blind impartiality. Source: Wikipedia

Wednesday, 17 February 2010

Bring back communal confession



On the first day of Lent 2010 it might be beneficial to reflect on the following letter originally published in the Catholic New Times 2/23/03


We, as Catholics, have just begun to realize that we will no longer be able to celebrate a form of reconciliation known as general confession and absolution. Recent liturgical directives issued from Vatican offices and an apostolic letter from the pope in April 2002, prohibit communal absolution except under extreme situations or circumstances.


General absolution will no longer be permitted due to concerns that individuals conscious of serious sin may mistakenly assume that they have received the full benefits under the general application of this rite. Canon Law (961) requires penitents who have committed such a sin to make an individual confession within the year.


This unfortunate ruling probably means that even fewer Catholics will take advantage of the sacrament of reconciliation. To take away this form of general absolution indirectly punishes and denies forgiveness to those individuals who have indicated a preference and a need for this public form of absolution. The practice of individual reconciliation has fallen into serious decline in recent years. Communal celebrations of this sacrament, on the other hand, have seen a growing and healthy attendance.


The rite of reconciliation (penance), based on criteria proposed by Vatican II from the document, "The Constitution on the Sacred Liturgy," states: "The rite should clearly express both the nature and the effect of the sacrament. The role of the church community must be emphasized. The reading of the word of God should be central. A public form of worship should predominate over a private form. And, the rite should be short and clear, free from useless repetitions and not requiring extensive explanation."


Accordingly, the rite, until recently, was presented the sacrament in three different ritual forms: Rite for Reconciliation of Individual Penitents, also know as Form Number 1; Rite for Reconciliation of Several Penitents with Individual Confession and Absolution, also known as Form Number 2; Rite for Reconciliation of Several Penitents with General Confession and Absolution, also known as Form Number 3.


For the last 400 years, and prior to Vatican II, Catholics observed the weekly rite of examining their conscience, sorting out greater and lesser sins and entering the confessional box to anonymously whisper them to the priest who sat on the other side of a tiny screen door. Today, few Catholics celebrate the weekly rite of individual or private confession.


When our Canadian bishops disallowed the celebration of general confession and absolution, we lost the all-important community aspect of this rite. There is no greater sign of unity than when we celebrate our faith together. Sr. Sandra DeGidio, O.S.M., noted Catholic lecturer and author, writes: "Sacramental celebrations are communal because sacramental theology is horizontal. Sacraments happen in people who are in relationship with each other and with God. In the area of sin, forgiveness and reconciliation this is particularly evident. Our sinfulness disrupts our relationship in community as well as our relationship with God." Furthermore, she states: "There is no room for the attitude that forgiveness comes 'only when you have recited your list of sins, agreed to suffer a bit for them and proven yourself worthy to join the rest of us who haven't been so foolish.'"


In no way am I suggesting that the church should abandon the practice of individual reconciliation. This meets the needs of many, but we need to examine our hearts and souls and search for an answer at a deeper level.


Jesus' Parable of the Prodigal Son reminds us of the father who stood at the end of the road each day anxiously waiting for the return of a son who had already claimed his inheritance and left. And when that son finally returned, filled with remorse and shame, the father did not even give him an opportunity to express his sins, but immediately embraced him, forgave him and celebrated his return.


We must urge our Canadian bishops, to enter into full collegial agreement and the spirit of Vatican II on this issue. And to, once again, permit regular communal confession and general absolution under this healing sacrament so that we, in turn, may continue to experience the feast of forgiveness of the Christian community and of God with increasing joy and thanksgiving.

January 29, 2010, Worcester, MA -- Faced with a continuing decline in the number of Roman Catholics who go to confession regularly, Most Rev. Robert J. McManus, Bishop of Worcester, issued today a Pastoral Letter on the Sacrament of Penance. In it he provided a brief summary of the church's teaching on the need for the sacrament and called for Cathlics in the Diocese of Worcester to partake in the sacrament, particularly during the season of Lent. - Cath. News Service, Feb.18
Note: To date both the American and Canadian bishops have failed to exercise the wishes of the people they serve to reinstate the option of General Absolution - despite the continuing & dramatic fall in overall participation in this sacrament.