Tribunal Studies / Canon Law



Introduction to Using the Code of Canon Law

Faculty: Rev. John Mulvihill, J.C.L., S.T.D., Ph.D., D.Min., Ed.D. (Profile)

Description: This tutorial is designed to acquaint (or re-acquaint) the student with the 1983 Code of Canon LawSacrae Disciplinae Leges answers many questions: 1) Why was the law revised? 2) Was the development of the new law collegial? 3) Is there a papal proclamation? 4) Is there a biblical precedent to the law? 5) Does law substitute for grace, charisms and charity? 6) Does the law correspond to the will of the Second Vatican Council? 7) Why may the law be called new? The ultimate goal of this tutorial is to learn familiarity with the Code by actual use.
 
Required Reading: (All books are available at Amazon.com or online.)
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. (New York/Mahwah: Paulist Press, 2000)
  • Vatican Council II (vol.1), Flannery ed. (Collegeville: Liturgical Press, 1984)
  • Vatican Council II (vol.2), Flannery ed. (Collegeville: Liturgical Press, 1982)

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Personal Rights in the Code of Canon Law

Faculty: Rev. John Mulvihill, J.C.L, S.T.D., Ph.D., D.Min., Ed.D. (Profile)

Description: This tutorial is designed to acquaint the student with the personal relevance of 1983 Code of Canon Law, in its fundamental aspects, rights. Students may opine that the recent Code of Canon law has little relation to rights and duties “in my life.” Exploration of the law on a personal level proves enlightening. What rights and duties does the 1983 Code of Canon Law give to your status and activity in the Church? Is there any relation between these rights (and duties) in the Code and in the Second Vatican Council? The ultimate goal is to learn about legal rights, and new legal views from the Second Vatican Council. The Index in the New Commentary on the Code of Canon Law by Beal, et al., will be very helpful in the writing assignments.
 
Required Reading: (All books are available at Amazon.com or online.)
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. (New York/Mahwah: Paulist Press, 2000)
  • Vatican Council II (vol.1), Flannery ed. (Collegeville: Liturgical Press, 1984)
  • Vatican Council II (vol.2), Flannery ed. (Collegeville: Liturgical Press, 1982)

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The Same Duty Treated in Different Parts of the Code of Canon Law

Faculty: Rev. John Mulvihill, J.C.L, S.T.D., Ph.D., D.Min., Ed.D. (Profile)

Description: The ultimate goal of this tutorial is to alert the student that the same issue is treated in different parts of the Code. This tutorial is designed to acquaint the student with the 1983 Code of Canon Law, in its fundamental aspects, duties. What duties does the Code of Canon Law legislate for priestly status and activity in the Church? Is there any relation between duties, such as celibacy, in the Code and in the Second Vatican Council? The Code was inspired by new legal views from different documents of the Second Vatican Council, even in treating classical obligations. The Code of Canon Law mandates duties, which are legal obligations, and treats the same duty in different parts of the Code.. 
 
Required Reading: (All books are available at Amazon.com or online.)
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. (New York/Mahwah: Paulist Press, 2000).
  • Vatican Council II (vol.1), Flannery ed. (Collegeville: Liturgical Press, 1984)
  • Vatican Council II (vol.2), Flannery ed. (Collegeville: Liturgical Press, 1982)
  • The Sacrament of Orders and the Clerical State, Woestman (Ottawa: St. Paul University Faculty of Canon Law, 1999), especially pp. 238-275

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Uniqueness of the 1983 Code of Canon Law

Faculty: Rev. John Mulvihill, J.C.L, S.T.D., Ph.D., D.Min., Ed.D. (Profile)

 
Description: The ultimate goal of this tutorial is to alert the student that the codified law of the 1983 Code of Canon Law is different from Anglo-American law. This tutorial is designed to acquaint the student with the 1983 Code of Canon Law, in its fundamental differences from other legal systems.
 
Required Reading: (All books are available at Amazon.com or online.)
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. (New York/Mahwah: Paulist Press, 2000)
  • Code, Community, Ministry, Pfnausch ed. (Washington, DC: Canon Law Society of America, 1992)

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Canon Law and the Theology of Lay Volunteers

Faculty: Rev. John Mulvihill, J.C.L, S.T.D., Ph.D., D.Min., Ed.D. (Profile)

 
Description: This tutorial is designed to acquaint the student with the 1983 Code of Canon Law relative to cutting-edge theology. The theology is taken from recent papal documents available on the Internet.  The laity is treated in a new and important way in the 1983 Code of Canon Law due to the influence of the Second Vatican Council, especially the document on the laity, Aposotlicam Actuositatem. The ultimate goal here is to learn the actual use of canon law as a department of theology.
 
Required Reading: (All books are available at Amazon.com or online.)
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. (New York/Mahwah: Paulist Press, 2000)
  • Vatican Council II (vol.1), Flannery ed. (Collegeville: Liturgical Press, 1984)
  • Vatican Council II (vol.2), Flannery ed. (Collegeville: Liturgical Press, 1982)
  • Catholic Volunteers, David Mulvihill, at Graduate Theological Foundation, Academics, Online Thesis Library. This dissertation has a canon law index
  • Christifideles Laici (16 October 1974) at Papal Encyclicals Online, in English
  • Ecclesiae de Mysterio (15 August 1997) in English at the Vatican website: http://www.vatican.va/roman_curia/pontifical_councils/laity/documents/rc_con_interdic_doc_15081997_en.html

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Marriage Nullity: Intention Against Children – Canon 1101, §2

Faculty: Rev. John Mulvihill, J.C.L., S.T.D., Ph.D., D.Min., Ed.D. (Profile)

 
Description: The ultimate goal of this tutorial is to prepare the student to approach and systemize the scattered information in a marriage nullity case in a concise and logical manner. This tutorial is designed to acquaint the student with the 1983 Code of Canon Law, and other juridical material, to understand the fumus boni iuris and how the nullity of a marriage can be proven on the given ground.
 
Required Reading: (All books are available at Amazon.com or online.)
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. (New York/Mahwah: Paulist Press, 2000)
  • Papal Allocutions to the Roman Rota 1939-1994, Woestman ed. (Ottawa: St. Paul University Faculty of Canon Law, 1994)
  • Marriage Studies V: Sources in Matrimonial Law, Jorgensen ed. (Washington, DC: Cannon Law Society of America, Catholic University of America, 2004)
  • Simulation of Marriage Consent: Doctrine, Jurisprudence, Questionnaires, Woestman ed. (Ottawa: St. Paul University Faculty of Canon Law, 2000)
  • Annulments, Wrenn (Washington, DC: Canon Law Society of America, 1984)

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Marriage Nullity: Intention Against Fidelity – Canon 1101, §2

Faculty: Rev. John Mulvihill, J.C.L., S.T.D., Ph.D., D.Min., Ed.D. (Profile)

 
Description: The ultimate goal of this tutorial is to prepare the student to approach and systemize the scattered information in a marriage nullity case in a concise and logical manner. This tutorial is designed to acquaint the student with the 1983 Code of Canon Law, and other juridical material, to understand the fumus boni iuris and how the nullity of a marriage can be proven on the given ground.
 
Required Reading: (All books are available at Amazon.com or online.)
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. (New York/Mahwah: Paulist Press, 2000)
  • Papal Allocutions to the Roman Rota 1939-1994, Woestman ed. (Ottawa: St. Paul University Faculty of Canon Law, 1994)
  • Marriage Studies V: Sources in Matrimonial Law, Jorgensen ed. (Washington, DC: Cannon Law Society of America, Catholic University of America, 2004)
  • Simulation of Marriage Consent: Doctrine, Jurisprudence, Questionnaires, Woestman ed. (Ottawa: St. Paul University Faculty of Canon Law, 2000)
  • Annulments, Wrenn (Washington, DC: Canon Law Society of America, 1984)

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Marriage Nullity: Intention Against Indissolubility – Canon 1101, §2

Faculty: Rev. John Mulvihill, J.C.L., S.T.D., Ph.D., D.Min., Ed.D. (Profile)

 
Description: The ultimate goal of this tutorial is to prepare the student to approach and systemize the scattered information in a marriage nullity case in a concise and logical manner. This tutorial is designed to acquaint the student with the 1983 Code of Canon Law, and other juridical material, to understand the fumus boni iuris and how the nullity of a marriage can be proven on the given ground.
 
Required Reading: (All books are available at Amazon.com or online.)
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. (New      York/Mahwah: Paulist Press, 2000)
  • Papal Allocutions to the Roman Rota 1939-1994, Woestman ed. (Ottawa: St. Paul University Faculty of Canon Law, 1994)
  • Marriage Studies V: Sources in Matrimonial Law, Jorgensen ed. (Washington, DC: Cannon Law Society of America, Catholic University of America, 2004)
  • Simulation of Marriage Consent: Doctrine, Jurisprudence, Questionnaires, Woestman ed. (Ottawa: St. Paul University Faculty of Canon Law, 2000)
  • Annulments, Wrenn (Washington, DC: Canon Law Society of America, 1984)

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Marriage Nullity: Lack of Due Discretion

Faculty: Rev. John Mulvihill, J.C.L., S.T.D., Ph.D., D.Min., Ed.D. (Profile)

 
Description: The grave Lack of Due Discretion is currently the most common case in Matrimonial Tribunals. The ultimate tutorial goal is to understand and argue this case.
 
Required Reading: (All books are available at Amazon.com or online.)
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. (New      York/Mahwah: Paulist Press, 2000)
  • Papal Allocutions to the Roman Rota 1939-1994, Woestman ed. (Ottawa: St. Paul University Faculty of Canon Law, 1994)
  • Marriage Studies V: Sources in Matrimonial Law, Jorgensen ed. (Washington, DC: Cannon Law Society of America, Catholic University of America, 2004)
  • Simulation of Marriage Consent: Doctrine, Jurisprudence, Questionnaires, Woestman ed. (Ottawa: St. Paul University Faculty of Canon Law, 2000)
  • Annulments, Wrenn (Washington, DC: Canon Law Society of America, 1984)

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Marriage Nullity: Lack of Due Competence

Faculty: Rev. John Mulvihill, J.C.L., S.T.D., Ph.D., D.Min., Ed.D. (Profile)

 
Description: The ultimate goal of this tutorial is to prepare the student to understand and argue this second most common case in American Matrimonial Tribunals.
 
Required Reading: (All books are available at Amazon.com or online.)
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. (New York/Mahwah: Paulist Press, 2000)
  • Papal Allocutions to the Roman Rota 1939-1994, Woestman ed. (Ottawa: St. Paul University Faculty of Canon Law, 1994)
  • Marriage Studies V: Sources in Matrimonial Law, Jorgensen ed. (Washington, DC: Cannon Law Society of America, Catholic University of America, 2004)
  • Simulation of Marriage Consent: Doctrine, Jurisprudence, Questionnaires, Woestman ed. (Ottawa: St. Paul University Faculty of Canon Law, 2000)
  • Annulments, Wrenn (Washington, DC: Canon Law Society of America, 1984)

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Latin Language: Issues and Access for Marriage Tribunals

Faculty: Rev. John Mulvihill, J.C.L., S.T.D., Ph.D., D.Min., Ed.D. (Profile)

 
Description: Original documents in Canon Law and the law itself are written in the Latin language. In Latin, technical legal terms preserve their exact meaning. In Latin, the same essential meaning of the law is preserved even if the Code of Canon Law is translated into many languages. The Holy See promotes the use of vernacular translations so that everyone has access to the law in a convenient way. The ultimate goal of this tutorial is uncover problematic issues due to the Latin language, and to promote the experience of good access to papal legal documents, the history of the law, and the law itself.
 
Required Reading: (All books are available at Amazon.com or online.)
  • Code of Canon Law: Latin-English Edition, trans. Canon Law Society of America. Washington, DC: Canon Law Society of America, 20064. (This book is abbreviated here as CIC.)
  • Code of Canons of the Eastern Churches: Latin-English Edition, trans. Canon Law Society of America. Washington, DC: Canon Law Society of America, 20064. (This book is abbreviated here as CCEO.)
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. New York/Mahwah: Paulist Press, 2000
  • Papal Allocutions to the Roman Rota 1939-1994, Woestman ed.   Ottawa: St. Paul University Faculty of Canon Law, 1994. Especially the Index, 235-239
  • Turabian, Kate.  A Manual for Writers, 7th ed,, revised by Wayne C. Booth et al. Chicago, University of Chicago Press, 2007. Esp. “templates” pp. 143-145

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The Oriental Code of Canon Law and Western Tribunal Personnel

Faculty: Rev. John Mulvihill, J.C.L, S.T.D., Ph.D., D.Min., Ed.D. (Profile)

 
Description: Canon 1102 of the Code of Canons of the Eastern Church foresees that Eastern Catholic Bishops can employ personnel from other Churches sui iuris, including the Latin Church. Thus a knowledge of the similarities and differences between the Eastern and the Western Code may prove to be essential for canonists who minister to both Latin and Eastern tribunals. The Code of Canon Law for the Latin (Western) Church was promulgated in 1983. The ultimate goal of this tutorial is to familiarize the canonist with the Code of Canons of the Eastern Church, promulgated by Pope John Paul II on 18 October 1990.
 
Required Reading: (All books are available at Amazon.com or online.)
  • Code of Canons of the Eastern Churches: Latin-English Edition, trans. Canon Law Society of America. Washington, DC: Canon Law Society of America, 20064. (This book is abbreviated here as CCEO.)
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. New York/Mahwah: Paulist Press, 2000
  • NOTE: The two articles by Abbas are additional, and not required reading
  • Abbas, Jobe. “Trials in General: A Comparative Study of the Eastern and Latin Codes,” The Jurist 55 (1995) 834-874
  • Abbas, Jobe. “Contentious Trials: A Comparative Study of the Eastern and Latin Codes,” The Jurist 56 (1996: 2) 875-904

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Invalidity of Marriage: Ligamen (Prior Bond), Canon 1085

Faculty: Rev. John Mulvihill, J.C.L, S.T.D., Ph.D., D.Min., Ed.D. (Profile)

 
Description: The Ligamen case appears in the Documentary Department more often than any other Impediment. The first marriage (which is the prior bond) is shown to be a valid marriage. Therefore, the second marriage is invalid (c. 1085 §1), but must be adjudicated as null (c. 1085 §2). The party with no prior valid marriage bond, who has not been a party to the first marriage, can then marry again. Other typical tribunal cases attempt to show that a given marriage is legally bad. The ultimate goal of this tutorial is to explain the unique situation in which the canonist argues that the first marriage is legally good.
 
Required Reading: (All books are available at Amazon.com or online.)
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds.  New York/Mahwah: Paulist Press, 2000
  • Special Marriage Cases and Porcedures, 4th ed. Revised, William Woestman. Ottawa: Canon Law Faculty of St. Paul University, 2008
  • The Catholic Encyclopedia, s.v.“Ligamen.”

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Invalidity of Marriage: Lack of Form, Canon 1686

Faculty: Rev. John Mulvihill, J.C.L, S.T.D., Ph.D., D.Min., Ed.D. (Profile)

 
Description: Lack of Form is without a doubt the most frequent of all marriage nullity cases, with one Midwest diocese doing 2,000 cases in one year. Canonical “form” for marriage provides that “only those marriages are valid which are contracted in the presence of the local ordinary or the pastor or a priest or deacon delegated by either of them, who assist, and in the presence of two witnesses, according to the rules expressed in the following canons, with due regard for the exceptions mentioned…” (c. 1108).   The ultimate goal of this tutorial is to explain the unique nature of the Lack of Form case.
 
Required Reading: (All books are available at Amazon.com or online.)
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. New York/Mahwah: Paulist Press, 2000
  • Papal Allocutions to the Roman Rota 1939-1994, Woestman ed.   Ottawa: St. Paul University Faculty of Canon Law, 1994. Especially the Index, 235-239

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Tribunal Personnel in Matrimonial Trials

Faculty: Rev. John Mulvihill, J.C.L., S.T.D., Ph.D., D.Min., Ed.D. (Profile)

 
Description: Tribunals deal almost exclusively with matrimonial cases. Matrimonial procedures are not listed under contentious trials, but have their own section entitled “Certain Special Procedures”. Yet, the canons on “Trials in General” and “The Ordinary Contentious Trial” also apply to marriage nullity cases (cc. 1691, 1424 §1, 1°). The ultimate goal of this tutorial is to describe tribunal personnel dealing with complex marriage trials, especially necessary personnel qualities, appointment, and duties. 
 
Required Reading: (All books are available at Amazon.com or online.)
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. 
  • New York/Mahwah: Paulist Press, 2000
  • Papal Allocutions to the Roman Rota 1939-1994, Woestman ed.   Ottawa: St. Paul University Faculty of Canon Law, 1994. Especially the Index, 235-239
  • Canon Law Society of America, Proceedings of the Annual Convention, [cited CLSA (year) page numbers].  These Proceedings and the like are helpful for deeper study and not required reading

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Sacramental Theology of Matrimonial Trials

Faculty: Rev. John Mulvihill, J.C.L., S.T.D., Ph.D., D.Min., Ed.D. (Profile)

Description: Valid (c. 1061) marriage (c. 1055) is a Sacrament (c. 840). The Church is concerned with the protection of Sacraments, and surrounds the Sacrament with laws for that protection (c. 1059).  The Church is a party to the matrimonial trial to make sure that the Sacrament of Marriage is defended (c. 1060).    The ultimate goal of this tutorial is to describe the sacramental theology involved in the work of the Matrimonial Tribunal. 
 
Required Reading: (All books are available at Amazon.com or online.)
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. New York/Mahwah: Paulist Press, 2000
  • Papal Allocutions to the Roman Rota 1939-1994, Woestman ed.   Ottawa: St. Paul University Faculty of Canon Law, 1994. Especially the Index, 235-239

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History of Institutions of Canon Law

Faculty: Rev. John Mulvihill, J.C.L, S.T.D., Ph.D., D.Min., Ed.D. (Profile)

 
Description: A juridical institution is a set of norms coordinated among themselves, which regulate a determined group of juridical relations (part of positive law). A social institution (such as the Catholic Church) is defined and regulated by positive law (its institutions). This study is not about the history of the Church in general, nor about the history of canon law in general, but about the history legal institutions in the Church. The ultimate goal of this tutorial is to explain one aspect of the mystery of the Church, the development of juridical and canonical institutions with special concentration on the relationship between these works and the “work” of the living organism, the Church. 
 
Required Reading: (All books are available at Amazon.com or online.)
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. New York/Mahwah: Paulist Press, 2000
  • Storia del Diritto Canonico: Ecclesia et Civitas, Jean Gaudemet. Milan: San Paolo, 1998. There are excellent Indices, especially pages 790-797. The page numbers below are from Gaudemet. The canons of the 1983 Code begin “c.”
  • The Catholic Encyclopedia, http://newadvent.org/ or Google.

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Philosophy of Canon Law

Faculty: Rev. John Mulvihill, J.C.L, S.T.D., Ph.D., D.Min., Ed.D. (Profile)

Description: Aquinas observes that men in society live under law. Aquinas also observes that law achieves its results by imposing moral obligation rather than by force. The almost exclusive concern of Aquinas is on one problem, the roots of obligation. If the human legislator binds the consciences of men, does he not exercise a power that belongs to God alone? If men possess such a power, what are the limits within which man can exercise that power? The ultimate goal of this tutorial is to explore the roots of the moral obligation that law imposes, the warrant by which the human legislator can bind consciences, and the limit within which man may exercise their power. 
 
Required Reading: (All books are available at Amazon.com or online.)
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. New York/Mahwah: Paulist Press, 2000
  • Treatise on Law, Summa Theologica ,I-II, Questions 90-97, St. Thomas Aquinas, trans. Stanley Parry. Washington, DC: Regnery Gateway, 1992
  • Summa Theologica, St. Thomas Aquinas: http://newadvent.org/
  • Philosophy of Law, Martin P. Golding. Englewood Cliffs, NJ: Prentice-Hall, 1975
  • The Catholic Encyclopedia, s.v. “Aquinas”  http://newadvent.org/ , or Google

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Theology of Canon Law

Faculty: Rev. John Mulvihill, J.C.L, S.T.D., Ph.D., D.Min., Ed.D. (Profile)

 
Description: The Second Vatican Council rejected legalistic and positivistic views of law. The Council demanded Canon Law be reconnected to theology and the great mysteries of the Church. The ultimate goal of this tutorial is to understand that Canon Law is a theological-juridical expression of the mystery of the Church.
 
Required Reading: (All books are available at Amazon.com or online.)
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. New York/Mahwah: Paulist Press, 2000
  • Apostolic Constitution Sacrae Disciplinae Leges (25 January 1983) by Pope John Paul II, as an introduction  in Code of Canon Law, Latin-English Edition, trans. Canon Law Society of America. Washington, DC; CLSA, 1983
  • Note: the following are not required reading, except for deeper study
  • Il Diritto nella Chiesa: Mistero di Communione, Gianfranco Ghirlanda. Rome: Gregorian University Press, 1990
  • The Catholic Encyclopedia, http://newadvent.org/,  or Google

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New Theological Unification Theory: Science and Art Together

Faculty: Rev. John Mulvihill, J.C.L, S.T.D., Ph.D., D.Min., Ed.D. (Profile)

 
Description: The Church is a living organism. Theology, in large part, was its science: knowledge for the sake of knowledge (scientia est cognitio cognitionis causa). Church Canon Law, in large part, was its art:  knowledge for the sake of action (ars est cognitio actionis causa). However, Church leaders have always known that theology and Church law have both rational and dynamic aspects. Until the Second Vatican Council there did not appear to be a unification theory for religion, ministry, belief, and brotherhood. In 1990, Gianfranco Ghirlanda (1942- ), rector of the Gregorian University in Rome, applied his doctoral dissertation Hierarchica Communio to a compendium of Canon Law. Ghirlanda conceived this unifying idea of “communion” from a study of the Vatican Council Constitution on the Church: Lumen Gentium. The ultimate goal of this tutorial is to show the roots of this radical and new unifying concept in the Second Vatican Council.
 
Required Reading: (All books are available at Amazon.com or online.)
  • Vatican Council II: The Conciliar and Post Conciliar Documents, revised., Austin Flannery, ed. Collegeville, MN: Liturgical Press, 1984
  • Second Vatican Council Documentshttp://newadvent.org/
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. New York/Mahwah: Paulist Press, 2000
  • Note: the following are not required reading, except for deeper study
  • Il Diritto nella Chiesa: Mistero di Communione, Gianfranco Ghirlanda. Rome: Gregorian University Press, 1990
  • The Catholic Encyclopedia, http://newadvent.org/, or Google 

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The Future of the Code of Canon Law

Faculty: Rev. John Mulvihill, J.C.L, S.T.D., Ph.D., D.Min., Ed.D. (Profile)

 
Description: After the Second Vatican Council, the 1917 Code of Canon Law had to be revised according to a “new mentality,” a “new consciousness” at work in the Church (Pope Paul VI, 18 November 1965). Proposals for the future Code included a Bill of Rights (Lex Ecclesiae Fundamentalis) and a desire for subsidiarity. The new Code of Canon Law was published in 1983. This new codification of Canon Law reflects the pilgrim, historical, contingent aspect that the Church possesses in the midst of its un-changing condition. The ultimate goal of this tutorial is to examine innovations in the 1983 Code with an expectation of continued development by principles contained in a Bill of Rights and subsidiarity. Past principles are powerful predictors in future change.
 
Required Reading: (All books are available at Amazon.com or online.)
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. New York/Mahwah: Paulist Press, 2000
  • Renewal and Reform of Canon Law, ed. Edelby, Urresti, and Huizing. Concilium series, volume 28. New York: Paulist Press, 1967
  • The Catholic Encyclopedia, http://newadvent.org/,   or Google

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Tribunals for Religious Order Controversies

Faculty: Rev. John Mulvihill, J.C.L, S.T.D., Ph.D., D.Min., Ed.D. (Profile)

 
Description: In the 1983 Code of Canon Law, Canon 1427 §3 mandates that “the diocesan tribunal judges in first instance” certain kinds of controversies involving Religious. The Second Vatican Council and the 1983 Code of Canon Law treat Religious Orders both as one with the People of God, and also as separate institutions in the Church. Conflicts are to be resolved by different tribunals.  The ultimate goal of this tutorial is to understand Religious Order renewal in the present Code of Canon Law to determine which controversies can be legitimately presented to the diocesan tribunal.    
 
Required Reading: (All books are available at Amazon.com or online.)
  • Vatican Council II: The Conciliar and Post Conciliar Documents, revised., Austin Flannery, ed. Collegeville, MN: Liturgical Press, 1984. The Decree on the Up-To-Date Renewal of Religious Life: Perfectae Caritatis (25/10/65)
  • Second Vatican Council Documents: http://newadvent.org/
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. New York/Mahwah: Paulist Press, 2000
  • A Handbook on Canons 573-746, Religious Institutes, Secular Institutes, Societies of Apostolic Life, eds. Hite, Holland, and Ward. Collegeville, MN: Liturgical Press under the auspices of the Canon Law Society of America, 1985
  • The Catholic Encyclopedia, http://newadvent.org /, or Google

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Vatican Library: Faster and Easier Search Results

Faculty: Rev. John Mulvihill, J.C.L, S.T.D., Ph.D., D.Min., Ed.D. (Profile)

 
Description: A pope recently changed some parts of the Code of Canon Law, but how can I find the changes? Some papal documents are extremely long, so how do I find all and every citation needed for my theme? The ultimate goal of this tutorial is to experience faster and easier ways to access and use the Vatican Library for tribunal issues and academic needs.         
 
Required Reading: (All books are available at Amazon.com or online.)
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. New York/Mahwah: Paulist Press, 2000. Consult the index, and comments on canon
  • Google.com/ will answer questions. Ask for “incipit” (Latin name) and date. For older material try Scholar.Google, then search; and also try Bing search engine
  • Note for full documents use “control + f” and put your theme word in search window
  • Papal Encyclicals Online has search by subject, advanced search, and index.
  • Second Exodus.com/ has documents by category, and alphabetical index
  • New Advent.com/ searches Catholic Encyclopedia (pre-Vatican II), the Summa, Fathers, Bible, and Library with Encyclicals. Wikipedia is like an encyclopedia
  • II Vatican Council Fulltext: http://www.stjosef.at/council/ for document and paragraph; touch the reference and only the exact paragraph appears
  • Vatican Search: http://gsearch.vatican.va/ searches by “incipit”; ask for English
  • Translate with Word (right click); Babylon.com; bablelfish.yahoo.com/ 
  • Current Information: http://bacherozzo.tripod.com/ page 6

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Tribunal and Church Privacy Issues

Faculty: Rev. John Mulvihill, J.C.L, S.T.D., Ph.D., D.Min., Ed.D. (Profile)

Description: The issue of privacy in Ecclesiastical Tribunals is more complex that it first seems. The petitioner, the witnesses, and any experts consulted may seek privacy for their statements to the tribunal to prevent retaliation and even civil involvement. The respondent and the advocate need to see the acts of the case to insure their “right of defense.” Civil authorities may become involved. The Code of Canon Law provides that the parties can inspect the case at “Publication”. The Code allows the parties to inspect the Definitive Sentence, under pain of nullity. The ultimate goal of this tutorial is to understand how the “right to privacy” and the “right to defense” interact in Church law.    
 
Required Reading: (All books are available at Amazon.com or online.)
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. New York/Mahwah: Paulist Press, 2000
  • Protection of Rights of Persons in the Church, Washington, DC: CLSA, 1991
  • Not necessary reading, but may be useful for understanding some privacy issues
  • NCCB Guidelines and Other Considerations in Pedophilia Cases, James Quinn. Midwest Canon Law Society, 1990. Published on Internet
  • Cardinals’ Oath on Receiving Biretta, Zenit, 21/10/2003. Internet: http:// www.bishop-accountability.org/news/2003_10_21_Zenit_CardinalsOath.htm
  • The Catholic Encyclopedia, http://newadvent.org /, or Google

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Tribunal Penal Trials

Faculty: Rev. John Mulvihill, J.C.L, S.T.D., Ph.D., D.Min., Ed.D. (Profile)

 
Description: Penal law must exist in a legal system to enforce legislation. The exercise of Catholic penal law is limited by imputability and the hope of reform. Some penalties are latae sententiae (automatic). Other penalities are by decree. Still other penalties are imposed ferendae sententiae (by the judge); and special norms have been legislated for pedophiles. The ultimate goal of this tutorial is to understand the Code of Canon Law penal process, and the special issues of the penal trial of the pedophile cleric.        
 
Required Reading: (All books are available at Amazon.com or online.)
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. New York/Mahwah: Paulist Press, 2000.
  • The Sacrament of Orders and the Clerical State, William Woestman. Ottawa: St. Paul University, 1999.
  • Canonical Delicts Involving Sexual Misconduct and Dismissal from the Clerical State, John Alesandro. Washington, DC: NCCB/USCB, 1995.
Optional Reading:
  • Sacramentum Sanctitatis Tutela, (30 April 2001), Pope John Paul II
  • Essential Norms for Diocesan/Eparchial Policies Dealing with Sexual Abuse of Minors by Priests and Deacons. Washington, DC: USCCB, 2003
  • A Manual for Canonical Processes for the Resolution of Complaints of Clerical Sexual Abuse of Minors, Charles Sciclunas. Washington, DC: Seminar, 2003
  • New Laws for the Causes of Saints (7/2/1983). Congregation for Causes of Saints.
  • Ad Tuendam Fidem (28 May 1988). Pope John Paul II
  • The Catholic Encyclopedia, http://newadvent.org /, or Google

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Tribunals and Liturgical Law

Faculty: Rev. John Mulvihill, J.C.L, S.T.D., Ph.D., D.Min., Ed.D. (Profile)

 
Description: “For the most part the Code does not define the rites which must be observed in the celebration of liturgical actions” (c. 2). This same norm is repeated in the Oriental Code, canon 3. However, Rev. Bill Rowe of Belleville, Illinois, was removed as pastor by his Bishop on 25 June 2012 for “improvising liturgy.” Authority over liturgy depends on “the Apostolic See, and, according to the norm of law, the diocesan bishop” (c. 838). The ultimate goal of this tutorial is to understand liturgical law in the present Code of Canon Law to determine which controversies may be legitimately presented to the diocesan tribunal.          
 
Required Reading: (All books are available at Amazon.com or online.)
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. New York/Mahwah: Paulist Press, 2000.
  • Vatican Council II: The Conciliar and Post Conciliar Documents, revised., Austin Flannery, ed. Collegeville, MN: Liturgical Press, 1984. The Constitution on the Sacred Liturgy, Sacrosanctum Concilium, 4 December 1963
  • Second Vatican Council Documents: http://newadvent.org/
  • Liturgiam Authenticam: Fifth Instruction on Vernacular Translation of the Roman Liturgy, Congregation of Divine Worship, trans. USCCB. Washington: 2001. (Abbreviation below: “LA”)
  • The Catholic Encyclopedia, http://newadvent.org /, or Google  

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The Personal Ordinariate for Former Anglicans and American Tribunals

Faculty: Rev. John Mulvihill, J.C.L, S.T.D., Ph.D., D.Min., Ed.D. (Profile)

 
Description: The Congregation for the Doctrine of Faith issued a Decree of Erection of the Personal Ordinariate of the Chair of St. Peter (1/1/2012) which Ordinariate covers the entire United States. This provides a special “diocese” for former Anglicans who wish to enter into full communion with the Catholic Church in the United States. The Report of Donald Cardinal Wuerl to the United States Conference of Catholic Bishops (15/6/2011) states: “Fourth, I suggest that we make available the resources of our tribunals to those Anglicans, both clergy and lay, who will need to secure an annulment before being received into an Ordinariate.”  The ultimate goal of this tutorial is to familiarize the canonist with this new situation for American marriage tribunals.
 
Required Reading:
  • Pope Benedict XVI, Apostolic Constitution Anglicanorum Coetibus (4/11/2009). Abbreviated here as AC
  • Complimentary Norms for the Apostolic Constitution Anglicanorum Coetibus, Congregation for the Doctrine of Faith (4/11/2009). Abbreviated here as CN
  • Decree of Erection of the Personal Ordinariate of the Chair of St. Peter, Congregation for the Doctrine of Faith (1/1/2012). Abbreviated here as POCSP
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. New York/Mahwah: Paulist Press, 2000
  • Not required reading: J. A. Renken gives a bibliography in “The Personal Ordinariate for Former Anglicans in the United States” in Worship, vol.86, no.5 (May 2012), pp. 209-210

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Same-Sex Invalid Unions

Faculty: Rev. John Mulvihill, J.C.L, S.T.D., Ph.D., D.Min., Ed.D. (Profile)

Description: “The Church teaches that respect for homosexual persons cannot lead in any way to approval of homosexual behavior or to legal recognition of homosexual unions,” says UBHP. However, eight States approve same-sex marriages: New York, Massachusetts, Connecticut, Iowa, Vermont, New Hampshire, Washington, and Maryland, (also the District of Columbia and the Coquille Indian tribe territory). Civil Unions or Domestic Partnerships have been legalized in California, Colorado, Delaware, Hawaii, Illinois, Maine, Nevada, New Jersey, Oregon, and Wisconsin. Civil divorce law for same-sex couples is in its infancy. The ultimate goal of this tutorial is to familiarize the canonist with the situation of same-sex invalid unions for the Church and its tribunals.
 
Required Reading:
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. New York/Mahwah: Paulist Press, 2000
  • Considerations Regarding Proposals to Give Legal Recognition to Unions between Homosexual Persons, Congregation for the Doctrine of Faith (3/6/2003). Abbreviated here as UBHP
  • Between Man and Woman: Questions and Answers About Marriage and Same-Sex Union, United States Conference of Catholic Bishops (11/2003). Abbreviated here as BMAW
  • Catechism of the Catholic Church. SanFrancisco: Ignatius Press, 1994.  Abbreviated here as CCC
  • Defense of Marriage Act, enacted by 104th United States Congress (21/9/1996)

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Apostolic Constitutions of Pope John Paul II and the Tribunal

Faculty: Rev. John Mulvihill, J.C.L, S.T.D., Ph.D., D.Min., Ed.D. (Profile)

 
Description: Of the many kinds of papal documents, such as Encyclicals and Letters, the most important are Apostolic Constitutions, since these touch legislative matters. Pope John Paul II issued five important Apostolic Constitutions. The study of these relatively few documents helps to understand how modern Church law arises, and the continued significant legal concerns of the papacy. The ultimate goal of this tutorial is to familiarize the canonist with the Apostolic Constitutions promulgated by Pope John Paul II and their influence Church law and on tribunals.
 
Required Reading: Suggestion: Google the Latin incipit for access to the document.
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. New York/Mahwah: Paulist Press, 2000
  • Sacrae Disciplinae Leges (25/1/1983), Pope John Paul II. In Vatican Library
  • Pastor Bonus (28/6/1988), Pope John Paul II. In Vatican Library
  • Ex Corde Ecclsesiae (15/8/1990), Pope John Paul II. In Vatican Library
  • Fidei Depositum (11/10/1992), Pope John Paul II. In Vatican Library
  • Universi Dominici Gregis (22/2/1996), Pope John Paul II. In Vatican Library

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Tribunal Cultural Flexibility

Faculty: Rev. John Mulvihill, J.C.L, S.T.D., Ph.D., D.Min., Ed.D. (Profile)

Description: Seldom studied, the Tribunal system over the last century has been highly adaptable to evolving cultural needs.  Before 1900, 97% of Americans lived in rural areas, while today only some 3% do. Up to 1963, the pastor did marriage counseling or sent couples to Catholic Charities even prior to the intervention of the Separation Court. Annulment cases began to increase after the Second Vatican Council in 1965. In 1981, the Chicago Tribunal began to incorporate Serrano’s ideas on interpersonal communication into an outline of marital history, which plays a very important part in psychological assessment in annulment cases. Psychological Experts began to work inside Tribunal offices. Advocate help was provided in 50 parishes. In 1991, Administrative Tribunals helped for Conciliation and Arbitration. After AD 2000, Tribunals gradually expanded judging of delinquent pastors, clerical pedophiles, and even laity. The ultimate goal of this tutorial is to familiarize the canonist with the successful adaptation of the Tribunal ministry to evolving cultural needs over the last century.
 
Required Reading:
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. New York/Mahwah: Paulist Press, 2000
  • Protection of Rights of Persons, ed. Canon Law Society of America. Washington: 1991
  • Essential Norms for Diocesan/Eparchial Policies Dealing with Sexual Abuse of Minors by Priests and Deacons. Washington, DC: USCCB, 2003. On Internet
  • A Manual for Canonical Processes for the Resolution of Complaints of Clerical Sexual Abuse of Minors, Charles Sciclunas. Seminar, 2003. On Internet

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External and Internal Forum for Marriage and Tribunal Issues

Faculty: Rev. John Mulvihill, J.C.L, S.T.D., Ph.D., D.Min., Ed.D. (Profile)

 
Description: Legal forum (court type) is necessary in every Tribunal case (cc. 1407, 1673). The ultimate goal of this tutorial is to familiarize the canonist with the notion of forum, and where to find the proper forum for trials, dispensations, and special processes.
 
Required Reading:
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. New York/Mahwah: Paulist Press, 2000
  • Code of Canons of the Eastern Churches: Latin-English Edition, trans. Canon Law Society of America. Washington, DC: Canon Law Society of America, 20064. (This book is abbreviated as CCEO.)

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International Law and Tribunals

Faculty: Rev. John Mulvihill, J.C.L, S.T.D., Ph.D., D.Min., Ed.D. (Profile)

 
Description: Before the global centralization of international law by the 1945 foundation of the United Nations, Popes were urging international moral law. Pope Pius XII did so in Mit Brennender Sorge: The Church and German Reich (14 March 1937), article 30; and also Summi Pontificatus: On the Unity of the Human Race (20 October 1939), article 74. The ultimate goal of this tutorial is to familiarize the canonist with the nature and goals of international law, such as the Declaration of Human Rights, which has parallels with the rights and obligations of faithful in the 1983 Code.
 
Required Reading:

 

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Churchmen and Tribunals

Faculty: Rev. John Mulvihill, J.C.L, S.T.D., Ph.D., D.Min., Ed.D. (Profile)

 
Description: Churchmen are judged and are judges in various Tribunals. The study of these relations gives an understanding of ecclesiastical hierarchy and the Tribunal system. The ultimate goal of this tutorial is to familiarize the canonist with rights and obligations within the Tribunal system.
 
Required Reading:
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. New York/Mahwah: Paulist Press, 2000
  • Code of Canons of the Eastern Churches: Latin-English Edition, trans. Canon Law Society of America. Washington, DC: Canon Law Society of America, 20064. (This book is abbreviated here as CCEO.)
  • A Manual for Canonical Processes for the Resolution of Complaints of Clerical Sexual Abuse of Minors, Charles Sciclunas. Seminar, 2003. On Internet

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The Ages of Man and the Tribunal

Faculty: Rev. John Mulvihill, J.C.L, S.T.D., Ph.D., D.Min., Ed.D. (Profile)

 
Description: In the Apostolic Exhortation Christifideles Laici Pope John Paul II calls on children, the young, adults, older people, and even the sick to contribute to the mission of communion in the Church. The Church has a pastoral ministry for every age of man. These ages of man are also noted by William Shakespeare in the play As You Like It (Act 2, Scene 7). The ultimate goal of this tutorial is to familiarize the canonist with the Tribunal as a pastoral ministry for persons of every age.
 
Required Reading:
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. New York/Mahwah: Paulist Press, 2000
  • Apostolic Exhortation Christifideles Laici: On the Vocation and Mission of the Lay Faithful in the Church and in the World (30 December 1988), Pope John Paul II. On the Internet in English. (This document is abbreviated here as CL.) 

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Engagment to Marry and the Tribunal

Faculty: Rev. John Mulvihill, J.C.L, S.T.D., Ph.D., D.Min., Ed.D. (Profile)

 
Description: In the 1983 Code of Canon Law, canon 1062 on Engagement to Marry may no longer be an effective contract before the Tribunal to force a marriage. Nevertheless, the history of the concept of Engagement shows the development of Canon Law, and highlights a number of important principles in marriage law, especially free consent. The ultimate goal of this tutorial is to familiarize the canonist with the need for free consent at the time of the Canonical Form of marriage.
 
Required Reading:
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. New York/Mahwah: Paulist Press, 2000
  • Catholic Encyclopedia, sv. Betrothal; sv. Espousals.  In New Advent.org. (Abbreviated here as CE)
  • Canon 1062, §1 – Engagement, United States Conference of Catholic Bishops. In http://www.usccb.org/beliefs-and-teachings/what-we-believe/canon-law/complementary-norms/canon-1062-1-engagement.cfm
  • Code of Canons of the Eastern Churches: Latin-English Edition, trans. Canon Law Society of America. Washington, DC: Canon Law Society of America, 20064. (This book is abbreviated here as CCEO.)  

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New Evangelization and the Marriage Tribunal

Faculty: Rev. John Mulvihill, J.C.L, S.T.D., Ph.D., D.Min., Ed.D. (Profile)

 
Description: Pope Paul VI noted “frequent situations of dechristianization in our day” (Evangelii Nuntiandi, 52). Civil divorces seem to increase, while the number of Church marriage annulments appears to be decreasing. The number of Lack of Form cases in which couples had married before civil magistrates remains high. Pope Benedict XVI has noted that the evangelizing mission of the Church today “has been particularly challenged by an abandonment of faith” (Ubique et Semper, par. 2). The ultimate goal of this tutorial is to familiarize the canonist with the aspects of canon law and Tribunal practice which might aid in the “New Evangelization.”
 
Required Reading:
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. New York/Mahwah: Paulist Press, 2000
  • Apostolic Exhortation Evangelii Nuntiandi (8 December 1975), Pope Paul VI. On Internet. (Abbreviation here is EN)
  • Apostolic Exhortation Christifideles Laici: On the Vocation and Mission of the Lay Faithful in the Church and in the World (30 December 1988), Pope John Paul II. On Internet. (Abbreviation here is CL.)  
  • Apostolic Letter Motu Proprio Ubique et Semper: Establishing the Pontifical Council for Promoting the New Evangelization (12 September 2010), Pope Benedict XVI. On Internet. (Abbreviation here is US)

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Legitimate Tribunal Expenses

Faculty: Rev. John Mulvihill, J.C.L, S.T.D., Ph.D., D.Min., Ed.D. (Profile)

Description: “Judicial Expenses and Gratuitous Legal Assistance” is treated in Book VII of the 1983 Code of Canon Law. This regulates local support of the Tribunal system. The Code also has legislation against bribery and falsification of documents. The Defender of the Bond in marriage cases is empowered to review and appeal any laxity in these matters. Matrimonial trials are reviewed by the Court of Appeals (cc.1682, 1687). The 1990 Code of Canons of the Eastern Church has similar legislation. The ultimate goal of this tutorial is to familiarize the canonist with the issue of judicial expenses and legal aid in matrimonial cases.

Required Reading:
  • New Commentary on the Code of Canon Law, Beal, Coriden, Green eds. New York/Mahwah: Paulist Press, 2000
  • Code of Canons of the Eastern Churches: Latin-English Edition, trans. Canon Law Society of America. Washington, DC: Canon Law Society of America, 20064. (This book is abbreviated here as CCEO.)    

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