Showing posts with label A canonist's work is never done. Show all posts
Showing posts with label A canonist's work is never done. Show all posts

Sunday, 4 August 2013

Scenes from a canon law conference

I also attended a canon law conference just last week.  I am very happy I went.  There are more photos and some additional information here (and only on fifth or sixth glance did I realize that my boss and I are in the photo of the facade of the church -- can't recall what we were discussing, and don't know who the person is walking away from us -- but since I did not take a photo of the exterior of the church, I am glad to have this one!).



 The Mississippi bending at La Crosse, Wisconsin.
 La Crosse -- classic American small town.
 Even there it is possible to build a new church, and to make it beautiful.


 Angels by the great Anthony Visco overlook the sanctuary.
 Ok, I don't understand putting statues *on* altars...
 Saint Therese
 Blessed Miguel Pro
 Saint Gianna
 Cardinal Burke was brilliant, as usual.
More of Anthony Visco's work - but again, I don't understand putting a white plastic sprinkler/fire thing right in the middle...

 Kitsch but wonderful votive pyramid.
 Three fighters of the good fight.
 Sure it's soft focus........but by this age I thought I'd be all wrinkled up, etc.
"Spotted Cow" -- a local favorite, but I suppose it is an acquired taste.
 We had a lovely dinner with Cardinal Burke and the other participants of the conference.
 There were a number of people at this conference who had also gone to Sacra Liturgia 2013!  It was a joy to see them again.
Looking at this, I kept hearing the "New World Symphony" in my head.


Friday, 17 February 2012

V/T (Veil Tip) to a colleague


Thanks to Pastor Montanus for being our collective id.





Thursday, 10 November 2011

"We love each other because we're married."

I borrowed one of my posts from "Truth, Goodness & Beauty":


Couples will say: “We’re married because we love each other.” But there is also an older and perhaps more meaningful expression: “We love each other because we’re married.” When my grandparents married they did not love each other: they did not know each other. Like many marriages in their part of the world in 1890, it was essentially an arranged marriage, solemnized with a ketubah (marriage contract) like the one above. Did they ever “fall in love” or grow to love each other? I don’t know. Were they happy? I have no idea. They had ten children, the youngest of whom was my father. They addressed each other formally – as “Mr.” and “Mrs.” – just like Dr. Meade and Mrs. Meade in Gone With the Wind. My grandmother died in 1938, and my grandfather, though he had not been ill, died less than two months later. I will go ahead and assume that they loved each other - because they were married.
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Some people think celibate clergy do not have the right to teach or counsel anyone about marriage since they are single. But I would rather go to a good doctor who had had years of training and who had seen my kind of illness hundreds if not thousands of times, in many different people, rather than demand to receive treatment from someone who had had the disease himself. Sometimes, in doing tribunal work, in reviewing case after case of failed marriages, patterns begin to appear, stories begin to sound very familiar, and the only surprise is that those who seek a declaration of nullity (not an “annulment” – a word which, as I've mentioned many times, doesn’t even appear in the Code of Canon Law) often seem to reveal aspects of their marriage to the tribunal which I suspect they would not even mention in confession.
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And so even as a single person, I can attest to the fact that, unfortunately, some of what prompts people to marry – not lacking due discretion of judgment but sometimes against their better judgment in many ways, and in very subtle ways – is fear, primarily fear of being alone. In the testimonies that every tribunal must review for its nullity cases, this is a theme heard over and over again. Many will say, “I was afraid being old alone or of dying alone,” not realizing that at least among women, seventy-five percent of us end up alone in our later years anyway (never married, widowed or divorced).
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I think I can assure everyone that as difficult as single life is at times, there are far worse things to face in life than waking up alone every morning, or spending Christmas or other holidays on one’s own. What’s worse? From all that I’ve gathered, this: waking up next to someone, once beloved, who has become a stranger, and dreading going home to see one’s family for the holidays, knowing it will take weeks to recover from the trauma and that the painful memories of what Uncle Helmut or your sister-in-law did or said will last for a lifetime, casting a pall on all subsequent family gatherings.
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But it is normal to want to love and be loved, in a definitive way and not merely as a passing romance. It is not good for us to be alone, as Someone we know and love once said. The fear of being alone is so profound, so primal, that it steers otherwise bright and capable people toward decisions they may come to regret. And on that day of regret, they want “out” – which is something secular society broadly promotes. But as Blessed Pope John Paul II taught us, human beings are not disposable (divorce), nor interchangeable (remarriage), nor are they to be made the objects of experimentation (living together or “trial marriage”).
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In a recent article in The Tablet (or what Fr. Z. calls The Bitter Pill) there is a plea for the Catholic Church to do what our Orthodox brethren do with the numerous failed marriages in our times. In many, but not all, Orthodox Churches (remember: no central authority, so no true consistency of doctrine or approach to this, only some loosely applied sense of oikonomia), a member of the faithful is allowed a first, sacramental marriage. If that fails, especially if the person in question is the innocent party, then a second, non-sacramental “marriage” is permitted, usually after some sort of “penitential” period. If the second one fails, then the person is permitted a third, non-sacramental “marriage” – but not a fourth one! Have to draw the line somewhere. Have to have some standards.
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As I hope any Catholic can see, this is completely unworkable for a number of reasons. In the first place, the first and only marriage, a sacrament, is still there. A valid matrimonial bond can only be dissolved by death and doesn’t “go away” no matter how much one wants it to, no matter how painful or cold the relationship, no matter which spouse abandoned the other, or no matter how badly one spouse treats the other (and I am not going to tackle the Pauline and Petrine privileges in this forum…). It is true that on occasion, severe problems in a marriage can be indicative of an antecedent incapacity to contract marriage or of an intention to enter into something other than marriage, but such cases are (or should be) quite rare. So this second non-sacramental “marriage”…would be what? Adultery or concubinage permitted by the Church? And if that is the view of the human person (and not wanting to cause an ecumenical kerfuffle here…), then would it not make more sense for the Orthodox to allow an initial non-sacramental “marriage” or whatever, and if that fails then another, and then eventually and finally – third time’s the charm? – admit the person to a full sacramental marriage now that he has it all figured out? Now that he has matured and has learned how to treat another human being?
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People often say of marriage, “I had no idea what I was getting into.” Of course not. People never know what they are getting into when they embark upon a new situation in life. It is the same with having children. Even if couples wait years for a child, and anticipate every aspect of childrearing, it is another matter altogether when the little one finally arrives. A couple I know had their first child in their thirties – they are both academics – and the little creature reduced them to utter helplessness within hours. The baby cried,screamed, round the clock. They could not let go of her or put her down for a moment. She was healthy; but she could not bear being out of her mother’s arms (or her father’s, as a tolerable substitute). The baby was not a good eater, nor did she sleep much, at least not at normal times. Formerly in control of all aspects of their lives, these two intellectuals were now at their wits’ end. And one cannot divorce the child or “send it back” and get another, better one – though I seem to recall this has been tried.
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Some say that Catholics should not, or even cannot, receive the Sacrament of Matrimony if they lack faith. But it is impossible to go the route of a faith litmus test for couples. Provided they are validly baptized, and it has been determined, as it must be ahead of time, that there are no impediments, and they have some minimal understanding and acceptance of marriage as permanent, faithful and ordered to the procreation of children (not needing to know the mechanics of everything, but just some general idea), the bar is set very low. Catholics cannot be prohibited from receiving the Sacrament of Matrimony, even if the people preparing the couple – the families, the parish staff – think things might not turn out well. Take the case of a spoiled teenager about to receive the Sacrament of Confirmation. She is only going through with it because her mother is insisting on it, and her father has promised her a big party and a new car. The girl has no interest in the Catholic faith, can hardly wait to stop being dragged to Mass every Sunday with her parents, and has no intention of living as a practicing Catholic once she leaves for college. But if she presents herself along with her classmates to the bishop – and she’s just willful enough so that if she truly did not want the Sacrament she’d dig in her heels – then it is a validly, if not fruitfully, received Sacrament. The grace is there, will be there, if she ever has a change of heart.
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The new and prevailing theology of marriage is very beautiful, but I remain not entirely convinced of the wisdom or utility of turning it into canon law. The old “contract” model has given way to the new “covenant” model of marriage. I know a devout Catholic man who has engraved on the inside of his wedding band, “…as Christ loved the Church.” When I related that to another young Catholic married woman, she burst out laughing: “Really? I can’t even get my husband to pick up his socks!” And as beautiful as it is to see the marriage relationship as similar to that of God and His people or Christ and the Church, it is also important to remember that it does not exactly denote a relationship of equality.
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Speaking of contracts, for your perusal and edification, the link below has a slideshow of some of the lovely ketubot like the one at the top of the post, which are still used in the Jewish tradition, from a different sort of Tablet:

Friday, 3 June 2011

Canon law conference in Wisconsin

Cardinal Burke is giving two talks, one on the interaction of the Roman Rota and the Apostolic Signatura in the administration of ecclesiastical justice, and the other on the Signatura’s views on some recently proposed grounds for matrimonial nullity.

Thursday, 3 February 2011

Canon law and coffee mugs

In college I had a friend who was not a morning person. Once a week I had to go to her room in the dorms and try to wake her up for the one morning class she had on her schedule (not an elective, not something she could get out of). I tried every approach, but usually I would wind up ducking as she threw a shoe at the doorway. She always had a pile of stilettos right by her bed. This alone was somewhat suspect. But these were all but lethal when thrown, even by a half-asleep 5'1 teenager.

She had a coffee mug on her rat's nest of a desk which said:


I seem to recall it had a cartoon of one of Booth's frazzled dogs on it, a blur of crazed eyes and drool.

The recent exchanges on some blogs run by (sigh...) Catholics the last few weeks on issues related to the clergy have made me think of this over and over again. As a postscript to what I posted below on January 18th, I now think a coffee mug should commemorate our present nadir:

'"A BLOG IS NOT A GOOD FORUM TO TACKLE CANONICAL ISSUES" doesn't even begin to cover it...'

I think it would make a useful coffee mug, if only as a reminder, and would no doubt be all the more popular in certain circles if it had a Booth-like cartoon of a crazed and drooling canonist.

Com boxers

'“I went to Catholic school for _ years,” delivered in a tone intended to make you wonder why the speaker isn’t on the short list for a red hat.'

Tuesday, 18 January 2011

On clerical continence

I had not planned on posting anything on this subject, since this is not a good forum to tackle canonical issues, or any other serious issues, frankly, being a blog more of a personal not professional nature. But the exchanges on the topic of clerical continence in the blogopshere among Catholics in the last few days prompt me to offer my own remarks, all the more so since mine is the "other related thesis" mentioned in comment #9 here.
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I am a canon lawyer who works in an archdiocese in the United States. I will not say more than that, as I do not want what I say to be seen as being part of my archdiocese's official position on this issue, since it would be for our Archbishop to offer any kind of statement or catechesis to the faithful of this archdiocese on the Church's celibacy discipline. My remarks are merely the product of my own years of research while a graduate student at one of Rome's pontifical universities, and then over the course of the last year or so as I have been assembling my doctoral dissertation.
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On average about once a week or every other week I wind up having to explain clerical celibacy and the ancient continence discipline to one or more persons or a group of people. I began my research even before I went to Rome to study canon law, but during my five years there I realized that most of my classmates (young priests, deacons and seminarians from all over the world) had no idea why they were celibate or about to promise celibacy for life, and could not explain celibacy when challenged on it ("There were married priests in the early Church, so why can't priests get married now?" or similar questions for which they had no convincing answer).
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The answer is one I've given many times: it was never the case that deacons or priests could get married, but that married men could become deacons or priests. Yes, there used to be married priests in the early Church, indeed there were married deacons, priests, bishops (such as St. Paulinus of Nola and his wife Therasia who together chose a life of abstinence/continence after their only child died) and even popes (like Pope St. Felix III, by tradition the great-great grandfather of Pope St. Gregory the Great, and Pope Hadrian II, whose wife and daughter were abducted and murdered). However, what seems to have been lost along the way is that it never mattered whether these clerics were married or single at the time they were ordained to major orders (beginning with the diaconate, and for many centuries the subdiaconate) -- since married or single, those who were ordained to major orders had to take upon themselves sexual continence for the rest of their lives. Hence the necessity of the wife's consent. It was more than just the fact that her husband was embarking upon a new and demanding ministry that might make inroads on her time as well, but rather that it meant total continence for her too.
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In the early Church it was not uncommon, in cities, for the deacon or priest to move into the bishop's house, with his wife remaining at home or, from the 4th century onward, joining a group of devout women (or a community of nuns in later centuries). In rural areas a priest would often still live with his wife under the same roof, but it was usually considered something of a scandal if they continued to have children (cf. Pope St. Leo the Great). In 325 A.D., the First Council of Nicaea, canon 3, gives a list of women who could live with clerics: "This great Synod has stringently forbidden any bishop, presbyter, deacon, or any one of the clergy whatever, to have a subintroducta dwelling with him, except only a mother, or sister, or aunt, or such persons only as are beyond all suspicion." His wife was not on the list as the couple had already committed to continence. Other councils permitted an unmarried daughter to live with the cleric (if he had a daughter, then he may have had a wife still living -- but she was not to live with him).
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This followed the first legislation that we know of which addressed this issue, around the year 305, at the Council of Elvira (a town whose ruins lie outside of Granada in Spain). Canon 33 states: "Bishops, presbyters, deacons, and others with a position in the ministry are to abstain completely from sexual relations with their wives."
It is a basic principle of canon law (as with most legal systems) that laws are not arbitrarily invented out of thin air, but rather enshrine or emphasize existing praxis, customs, or rules. Subsequent synods and councils, whether Ecumenical or regional or local, confirm this law from then on, until the 12th century, at the First and Second Lateran Councils, when the Church began to ordain only single men (later reinforced at Lateran IV in 1215 and then at Trent).
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The New Testament origins of this discipline can be found in the Gospels (the "eunuch logion" and the list of things renounced in Matthew 19:29, Mark 10:29, and Luke 18:29 which specifically mentions giving up one's wife), and in St. Paul (the once-married man as being suitable to become overseer {1 Tim. 3:2 and 3:12, Titus 1:6}, i.e., capable of assuming continence, as opposed to the man who remarried after being widowed being less likely to make the renunciation -- St. Paul uses the same criterion for those to be enrolled as widows {1 Tim. 5:9} -- and couples who are to leave themselves "free for prayer" {1 Cor. 7:5} which has great implications for those who would "pray always," etc.).
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There are sparse hints in texts of the second century of the existence of continence observances ("ἐγκρατεῖς περὶ πάντα" in St. Polycarp to the Philippians, or references in the Shepherd of Hermas and the Acts of Paul and Thecla, not by any means strictly Gnostic, though with some texts belonging to the Encratite movement), and clearer indications after 200 A.D. (Tertullian, Origen, the Hippolytus who railed against Pope Callixtus for ordaining men who had been married more than once, and other sources). Even in such early times the Church had a balanced view of conjugal life: the heretic Marcion was excommunicated in 144 A.D. for insisting that married catechumens who would not renounce marital relations should not be baptized. There are other examples from the third century as well which deserve attention from those just hearing about this topic for the first time (see reading list below).
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Clerics in minor orders (porter, lector, cantor in the East, exorcist, acolyte) could marry, and in the Eastern Catholic Churches they still do (at least the non-monastics may, except in the Syro-Malabar and -Malankara Churches, which have celibate clergy). The formalization of the Eastern discipline of temporary continence for married higher clerics dates from the second "Trullan" council in 691-692. This temporary observance of continence, similar to that of the Levitical priesthood, is still the opening rubric of the Divine Liturgy of St. John Chrysostom: "...he [the priest] is to abstain from the evening before."* As much as people want to believe that the Eastern Churches always have the older observance, it is simply not the case.
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Reading the comments posted on this issue, on The Deacon's Bench blog or the Anchoress or any of the other blogs, it is evident that there is still an immense amount of confusion about this issue, as well as a truly breathtaking lack of knowledge not so much of canon law or theology or Scripture but basic Church history. The highly educated laity desired by Vatican II is still not yet realized, even 45 years after its closure. Most distressing of all is the apparent lack of interest in doing even a minimal amount of reading or research on the topic BEFORE commenting.
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So here is a very minimal reading list, in addition to the article by Dr. Peters (I suspect the folks who are up in arms about this have not read the following):

The Apostolic Origins of Priestly Celibacy by Christian Cochini SJ (the book that changed my life)
Celibacy in the Early Church by Stefan Heid
Clerical Celibacy in East and West by Roman Cholij (and this fine article)
Priestly Celibacy Today by Thomas McGovern
The Case for Clerical Celibacy by Alfons Maria Cardinal Stickler
The Theology of Priestly Celibacy by Stanley L. Jaki
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These works will answer all the questions and confused statements I have read so far in the blog comments. There are a few books out there which deny there was an early continence discipline (such as the one by Heinz-Jürgen Vogels, Zölibat: eine Gabe, kein Gesetz) but I do not find them convincing next to the incomparable and unchallenged scholarship of the great Father Cochini or the meticulous work of Father Heid or Roman Cholij. I want to emphasize the "unchallenged" aspect of these works: no one has offered a meaningful and thorough scholarly rebuttal to these authors (and no, Roman Cholij has not "renounced" his position or repudiated his own book).
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The issue of whether or not celibacy or continence is "unnatural" is ridiculous: human beings, alone among all living species, are the only ones who can choose to not reproduce (or rather, procreate) -- to abstain from sexual relations for one reason or another -- and so, far from being "unnatural," continence is instead uniquely human. The issue of loneliness among celibate clergy is, on the other hand, quite serious. But as for marriage being a supposed "cure" for this, I myself as a single person have observed that some of the loneliest people I've ever known are married or in long-term relationships. I would like to see all the people who fret about the loneliness of celibate clergy in their empty rectories routinely invite their parish priests over for Sunday lunch after Mass, or for one or two evenings a week for supper with the family, or to get together with other parishioners to inquire and make sure that their pastor, their Father, does not find that he is alone at a time when he does not want to be.
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No one is suggesting that in the Latin Church married clergy and their wives suddenly "take the pledge." I think all that Dr. Peters is asking for is a clarification (for which I would be grateful as well) as to why this immemorial discipline vanished without comment at the time the permanent diaconate was "restored" (there was no "permanent diaconate" in the early Church: "permanent" and "transitional" as terms applied to the diaconate are of recent origin -- there was only "the diaconate" which some men stayed in for life, while others went on to become priests -- one cannot "restore" something which did not exist, in the strict sense). One might have hoped for some such comment in Sacrum Diaconatus Ordinem or Ad Pascendum. Something to the effect of "and now, for the first time in the history of the Church, married men may be ordained to major orders without any change or modifcation of their married life," or some such statement. But nothing was said.
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Here's someone who thinks Dr. Peters is pursuing this topic almost out of a kind of prurience, a judgment which I find to be quite rash:
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I am amazed at this statement, but not surprised. Here is a Biblical scholar seemingly caught off guard, to the point of making him sound defensive. Perhaps (and I know I'm really reaching here, but it's the only thing I can come up with) because he is a a Mennonite, he may have difficulty understanding that it is not the Catholic Church or Dr. Peters who have "trouble with sex," but rather humanity, marked by original sin, which most certainly does (which includes clergy, married or not). This debate seems to have struck a nerve with those who are married. I know several married people who were convinced that Vatican II leveled the playing field and declared virginity and marriage to be equal. Imagine their surprise when they actually read Optatam Totius, one of the last documents of the Council, the fruit of its mature reflection, which states that while those in training for the priesthood should appreciate the dignity of Christian marriage, "they should recognize the greater excellence of virginity consecrated to Christ." (10.) As Father Jaki pointed out in his book on celibacy, the "new theologians" who describe marital love as "the rose-strewn high-road to the highest virtue" are being very modern indeed. (p. 166)
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I am no theologian or Biblical scholar, but to me it seems to be a difference not between "good" and "better," but between "good" and "very good," words which are not used lightly in the Scriptures. Marriage has always been highly valued by the Church (and is a Sacrament), and virginity and continence even more highly. Is that not enough? To be highly valued? Yes, there have been times when marriage was not as highly valued in the Church in one part of the world or another (I am thinking of my mother's Catholic ancestors in Ireland, where cultural factors led some people to think of conjugal relations with a more than a hint of shame).
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I have never met a married permanent deacon I did not think was a splendid asset and a blessing to the Church (actually, I can think of two who may not have been completely splendid, but that's only two in 30 years. UPDATE: I've met a third...). As the USCCB website says:


I know many parishes which, if they were to lose their deacons, would be all but shuttered within weeks. Likewise, some of the finest and holiest priests I have ever met are married converts from Anglicanism who have been ordained Catholic priests.
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So, if everyone could just take a deep breath and sit down to read just the first few chapters of Fr. Cochini's book (or even Fr. McGovern's book as a primer, which is available online here), I think they would be more at peace and less upset or anxious about the ancient observance of married continence. After all, part of the efforts of the Church before, during, and after Vatican II was to try to recover some of the beauty of the early Church and its practices. Most notable among these were things like removing some of the "medieval accretions" from the liturgy and restoring the chalice to the laity at Mass, though I bet that many people today would balk at other beautiful practices of the early Church, such as rising before dawn to sing a hymn to Christ, lengthy fasts, public penances which lasted for years, men and women on separate sides of the assembly, and women having to cover their heads -- this last one also seems to have slipped though the cracks after Vatican II.
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There is a great deal more, but it is not possible to do full justice to so complex a subject as this in, of all things, blog format. There are a number of principles at work here, teased out from the writing of the Fathers, or from the development of the liturgy, such as qui sacramenta contrectant, and other keys to understanding clerical continence which are more difficult for non-specialists to understand (avoiding digamy propter continentiam futuram, the early concept of the clerus, etc.). This issue, which embraces Scripture, history, theology, canon law, anthropology, sociology, and other areas, cannot be fully understood in the equivalent of an electronic sound-bite. Like most things of importance, it requires effort -- putting in the time to make up for never having seriously studied Greek or Latin or Syriac, or patristics or ecclesiology, or dogmatic theology or sacramental theology or moral theology, or years of canon law (which is more than the 1917 and 1983 Codes, but rather stretches back to the earliest days of the Church), or the history of the Roman Empire, the history of the Councils, the history of the papacy, etc. Once again, these things take time, and a fair amount of effort. I know we Americans have a strange aversion to reading history, but for those who want to participate in a serious way in this conversation, there's no time like the present to hit the books.
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A final word about the "gift" of celibacy. I would assume that many, though not all, of those who enter religious life (a monastic community, or a community with an "active" apostolate, such as the Dominicans or Jesuits), as well as a fair number who go into the diocesan priesthood, have some sort of special "gift" from God, something which lets them live with great ease and serenity a life of continence as unmarried persons in the chastity appropriate to their vocation. There are also vast numbers of single people who do not belong, or feel called to belong, to a religious community, and who may not even be single entirely by choice. Most of them live as single people "in the world" and have jobs and friends and hobbies, but perhaps not a special "gift" of celibacy. Gift or no gift, however, they too are called to live a life of chastity in total continence as a simple duty of their state in life, as are the married persons who are suddenly widowed** or who because of unavoidable separation or illness must also switch to living lives of total continence even without a special "gift." It used to be taught in catechism classes that if we are faithful, if we pray, then God will surely not fail to give us all the graces necessary for our state in life. I personally believe it is still true.
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Just a personal note in closing: if people are going to engage in discussion of canon law, they should at least spell it correctly. It's canon law, not cannon law, no matter how much I wish at times it could be.
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* From The Sacred and Divine Liturgy of our Holy Father John Chrysostom. Synod of the Hierarchy of the Ukrainian Catholic Church, Basilian Press, Toronto, 1988, p. 9. I don't know if it is observed, nor do I necessarily care. But it is still "on the books," literally.
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** And this applies in a special way to married permanent deacons and married priests who become widowers and who are forbidden to marry again, the current canon prohibiting marriage to major clerics being the only vestige of the ancient continence discipline, since why would such a married cleric who loses his wife not be able to marry again if no restrictions were placed on his married life before -- unless he had already made (or was supposed to have made) the definitive renunciation?

Friday, 6 August 2010

More from canon law camp




Professors & students, the LA tribunal staff strolling to class.................and a very pleasant setting.

Wednesday, 4 August 2010

Tuesday, 15 December 2009

Wow.

Another delightful surprise: Omnium in mentem.

Tuesday, 26 May 2009

Rome memories IV







Life at Santa Croce.

Monday, 24 September 2007

Back in Rome

Father Elder and Silvana were in Rome for a week of Continuing Education in Canon Law at Santa Croce. It was great to see them. Plus the restoration at the Universita' is finally done -- even the courtyard looks spiffy.