LATEST NEWSLETTER
CONTENTS OF THE LATEST
EDITION OF THE SOCIETY NEWSLETTER,
WITH THE EDITOR'S COMMENTS.
The full edition of
the newsletter is available only to members of the society.
NEWSLETTER NO. 166 JUNE 2011
1. Proposed Reforms in Penal
Procedures and the Contribution of Cardinal Ratzinger (Bishop
Juan Igancio Arreta) [4th December, 2010]
2. Comment (Mgr Gordon Read)
3. Some Reflections on Papal
Comments on the Morality of Condom Use and the Reactions to
These
4. Comment (Mgr Gordon Read)
5. Apostolic Letter in the form of a
Motu Proprio of Pope Benedict XVI for the Prevention and
Countering of Illegal Activities in the Area of Monetary &
Financial Dealings [30th December, 2010]
6. Comment (Mgr Gordon Read)
7. Cultural Contexts and the Nullity
of Marriage - Part 2 (Prof. Augustine Mendonca)
8. Reverential Fear as a Ground of
Marriage Nullity with Special Reference to the Indian Culture
(Rev Jose Marattil)
9. Review: "The Messenger of the
Catholic League" article (no. 92 April-August 2010): "Anglicans
and Catholics in Communion, Patrimony, Unity and Mission." (Paul
Robbins)
10. Review: "Justice in the Church:
A Fundamental Theory of Canon Law" by Carlos Jose Errazuriz (Mgr
John Hadley)
11. Presidential Travels 2010
There are still some members of the
Society who participated in the Comment on the Schemata
De Processibus and De Poenis. When considering the latter schema
it is true to say that the Church in general was quite oblivious (as
were all civil bodies) of the heinous crimes of the abuse of
children by clergy. In consequence a number of provisions were
clearly omitted from the Schema. When the Code was promulgated in
1983 the situation existed that those who had left the ministerial
priesthood (and even been married) could apply for the favour of a
dispensation from the obligations of the priesthood. It is true to
say that probably none of these made any reference whatsoever to
child abuse. The provision allowing clergy to be laicised by a
competent body in Rome usually concerned those who left the
priesthood and got on with their lives. Although this provision had
come into existence before 1983 (in bulk) it was continued into the
time of the New Code.
In 1988 Cardinal Josef Ratzinger perceived that the situation had
arisen where a person who had left the ministering priesthood could
receive a dispensation (as a favour); and a priest who might be
laicised because of some specific serious crime could also be
laicised. This started a most interesting correspondence between
Cardinal Ratzinger (CDF) and the Council for the Legislative Texts
(Cardinal Castillo Lara). This correspondence has been reproduced in
an article in the L’Osservatore Romano of 8 December 2010.
The article is by Bishop Juan Ignacio Arrieta, the Secretary of the
Pontifical Commission (See Document No.I).
Cardinal Ratzinger realised that the situation had arisen there was
the same result in connection with a favour that a priest had asked
for and in connection with a punishment for a heinous crime. This
was clearly wrong. And on 19 February 1988 Cardinal Ratzinger
pointed this out to the Commission for the Interpretation of
Legislative Texts. Only three weeks later there was a reply from
Cardinal Castillo Lara which pointed out that action was required by
local Bishops. The eventual result of this was the Apostolic
Constitution by Pope John Paul II Sacramentorum Sanctitis Tutelae;
but this had also been preceded by the extension of the competence
of the CDF in Pastor Bonus of June 1988. Then followed the motu
proprio dealing with Graviora Delicta; which concerned
the revision of the earlier norms on 21 May 2010.
The main point being made by Bishop Arrieta of the Commission is the
role played by the present Pope back in 1988 before the outburst in
2002 in the United States; all of which took place before Cardinal
Ratzinger became the Pope. All of this signals the fact that
Cardinal Ratzinger was already involved in the Church’s law about
serious crime even before the explosion in the USA. Monsignor Read
has commented on this correspondence and its implications. (See
Document No.II). Monsignor Read will also be commenting in the near
future on the new special faculties granted to the Congregation for
the Clergy and the Congregation for the Evangelisation of the
Peoples.
The Holy Father appears to have adopted
a new form of teaching in a question and answer form. The author
Peter Seewald asked questions of the Holy Father; and to these the
latter gave answers. So far two books arranged in this manner have
appeared. One in 2007 called The Salt of the Earth and the second in
2010 called The Light of the World. In the latter book Peter
Seelwald asked the Pope a question about Aids and his trip to Africa
and precisely what he had said about the use of condoms. The Holy
Father gave a careful answer to the question but, of course, the
reply made reference to The Use of Condoms. The whole question and
answer session can be seen in the latter book at pages 117-119.
As might be expected the press started running fast; and gave their
own versions of what the Holy Father had said; and worse what the
Holy Father had meant. There were several accounts provided by the
press, most were inaccurate. The Congregation for the Doctrine of
the Faith therefore issued a statement about what precisely had been
said; and precisely what were the implications. The statement of the
CDF can be seen at Document No. III, and Monsignor Gordon Read makes
his comment at Document No. IV.
On 30 December 2010, the Holy Father
signed a motu proprio dealing with Financial Requirements for
the Relationship between the European Union and the Holy See. (See
Document No.V). It was accompanied by a communiqué from the
Secretariat of State (also dated 30 December 2010). This explains
that the new legislation implements the Monetary Convention between
the Vatican City State and the European Union. It is made clear that
certain institutions which are not properly part of the Roman Curia
are nonetheless covered by this legislation (such as the Vatican
Polyglott Press; the Vatican publishing house and its bookstore;
L’Osservatore Romano; Vatican Radio; The Vatican Television
Centre etc. Monsignor Gordon Read has written a commentary on this
at Document No.VI.
In the March number of CLSN Part I of
the paper by Professor Augustine Mendonça was reproduced:
Cultural Contexts and the Nullity of Marriage. This first part
in March dealt with culture and Ecclesiastical Law and specially
culture relating to marriage amongst Asian peoples. The Asian
concept of marriage was studied very carefully in that part as well
as the meaning and purpose of Christian marriage; and it looked at
such concepts as parental authority; filial reverence; arranged
marriages; together with a close inspection of prestige and caste
and virginity together with the dowry and conversion to Catholicism.
All of these elements were examined in a general sense in this first
part.
With the present number of CLSN a variety of Rotal decisions are
examined in the light of those earlier considerations with reference
to specific grounds such as the lack of due discretion, error of
quality, fraud and reverential fear. Having covered the background
in connection with cultural considerations, Professor Mendonça is
quick to point out where Rotal decisions have not taken these
cultural elements into proper consideration. Since nullity cases
with an Asian background are not infrequent in these Islands, the
information and analysis given here are invaluable. (See Document
No.VII).
The previous article by Professor
Augustine Mendonça had dealt with nullity in the South East Asian
context. This had specifically considered four nullity grounds,
namely: lack of due discretion, error of quality; fraud; and
reverential fear. Professor Mendonça had considered all these in the
light of Rotal jurisprudence. Father José Marattil in this present
article looked solely at Reverential fear and considered it in
examples of local cases in detail (some of which had already been
used by Professor Mendonça).
The principle covered by both authors are obviously the same but
some elements concerning reverential fear are more closely analysed
in the present article. For example, in looking at the indignation
of the parents or the one in charge attention must be paid not only
to the gravity of the indignation but also to the subjective
perception of the gravity. The specific object of reverential fear
is not a particular evil threatened by (say) the parents but the
parental indignation itself. Then there is the gravity of the
(reverential) fear – which is difficult to measure. It is clearly
because what might cause great trepidation in one person may not be
sufficient to cause reverential fear in another.This is why the
actual subject experiencing fear needs very close study. The whole
matter is considered very helpfully by Father Marattil in Document
No. VIII.
A copy of The Messenger of the Catholic
League was sent to CLSN for review. The Catholic League is an
ecumenical society based in England, founded in 1913 to promote the
unity of Christians. The members include Roman Catholics, Anglicans,
members of the Orthodox Church and Eastern Catholics. The particular
edition of The Messenger has been produced following the Apostolic
Constitution Anglicanorum Coetibus. Paul Robbins has prepared
a review and summary of the contents of no.292 (April-August 2010)
edition. (See Document No.IX).
The author is José Carlos Errazuriz
writing in the Gratianus Series of publications from Canada.
The author’s intention is first of all to defend the judicial aspect
of the Church as an essential part of the life of the Church (and
not an extrinsic and possible harmful addition). He proposes a firm
foundation for the juridical aspect, namely What is Just in the
Church? The work is intended primarily for students; but Monsignor
Hadley says: “the quality of the work and the thoroughness of the
exposition is such that it would be worthwhile reading for an
experienced Canonist”. (See Document No.X).
The CLSANZ is holding its 45th annual
conference between the 12 and 15 September 2011 at the Novotel, St
Kilda, Melbourne. Dr Myriam Wijlens (Professor of Canon Law at the
University of Erfurt, Germany) will speak on Receptive Ecumenism
and Canonical Studies: A Mutual Challenge and Support. The
President of the CLSANZ, Father Tony Kerin, will present a paper:
Simulation: New Lyrics to an Old Tune. Other papers will cover
the Comparison of Law in Paul and Matthew; The Pastoral
Care of Inter-Church Marriages; How to Reach Moral Certainty,
Remuneration and Social Assistance for Clerics. Other topics to
be covered will be Vatican II and The Interpretation of the Code
(Dr Wijens). Also papers will cover A Future for Apostolic
Works of Religious Institutes (Dr Rodger Austin); Canon Law
of Eastern Churches in Oceania (Bishop Peter Stasiuk, CSsR); and
an open forum on Diminishing Resources and Leadership in
Religious Institutes (Sr Moya Hanlen, OLSH). For further
information contact on e-mail:
secretary@clsanz.catholic.org.au.
The CLA Convention this year will be
held at the Hyatt Regency, Jacksonville Riverfront, Florida, USA
between 10 and 13 October 2011. The theme of the convention will be
Safeguarding the Rights of the Christian Faithful in the Church
of Today. The keynote address will be given by Father James
Coriden (Canon Law Professor at the Washington Theological Union);
and two major addresses on Canonical Documentation Since
Promulgation – Related to the Protection of Rights (Father John
Beal, Professor of Canon Law at the Catholic University of America,
Washington); and Father Laurence DiNardo (Vicar for Canonical
Services in the Diocese of Pittsburg) on The Identification and
Protection of Rights: Parish Re-configuration, Rights of Bishops,
Pastors, Faithful and Juridical Persons. For further information
contact: Canon Law Society of America, 3025 Fourth Street NE, The
Hecker Centre, Suite 111, Washington DC 2017-1102.
It was announced in L’Osservatore
Romano of Wednesday, 19 January 2011 that the Holy Father had
appointed Archbishop Bernard Longley (Birmingham) as a member of the
Pontifical Council for Promoting the New Evangelisation as of 5
January 2011.
As the President comments, one of the
delights of the CLS Presidency is visiting other English speaking
Conferences as well as giving papers and presenting seminars. The
background for our presidential travels goes back to 1968. This was
the year of the first Woodhall Conference which was attended by
visitors from Canada, the USA and Australia; and the following year
a representative of the CLS went to Canada and the USA. However, it
was only in 1975 that Australia was included. It seems that our
President not only enjoyed himself on his travels in 2010 but also
contributed a seminar in Buffalo. It is a delight to know that the
American and Canadian Presidents will be visiting the CLSGBI
Conference next May. (See Document NO.XI).
