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CANON LAW FOR RELIGIOUS: AN EXPLANATION by ALBA-HOUS NEW -YORK [> 3c Library of Congress Cataloging in Publication Data Gate, Joseph F Canon for religious CONTENTS Stone 3 Moai dri res 4 enna” ese i Bawosies.ot6rs Introduction vo oat Poses 1 Norms Common to All Institutes: ‘of Consecrated Life. . .3 ett aw in the Conseeratee Life : 2 ‘Provincial of Maryland Province IL Religious Institutes 4B eee jous Houses 45 dames Mra Superiors and Councils . 55 ‘ensor Librorum IIL Temporal Administration 9 Imprinat: 7 IV Admission of Candidates and Formation of Members ut Se eee Formation of Novices 4 enn unas V_ Religious Profession boeee 133 Formation of Professed Members 140 ‘The Nihil Obstat and Inprimatur are VI_ The Rights and Obligations of Religious Institutes 213 Meteaton hare bok or pamper isconidered and their Members {oe fie fom doctrinal or moral eror. rs not Y o : free from doctrinal: error. Iti nos implied VII The Evangelical Counsels Isl ~ thar hoe who have granted the Nit Oba ond Inpatient. VIH_ Other Obligations of Religious Institutes ms or statements exprssed: and Members 7 ‘The Apostolate of Institutes 184 - ee - IX Departure and Dismissal 189 b Transfer to Another Religious Institute 199 ee pried Une tes Voluntary and Imposed Exclaustration 193 an SI8t Vitry Boulevard, ; Leaving and Exclusion atthe End of a Temporary Sean en Yr 31 opto i Profession 195 epost. } Voluntary Departure : 198 Dismissal by Law 201 —___—_ — Obligatory Dismissal 203 1234567 89 (Caren Printing fs dg) Cure Prnn: d) Ordinary Dismissal 203 Seams Provisional Sending Back to Secular Life « 207 X Computation of Time : 2 Index 215 INTRODUCTION CANON LAW FOR RELIGIOUS is an explanation of the new canons on religious, promulgated by John Paul If, January 25, 1983 and effec- tive from November 27 of the same year. It is concemed only with religious institutes and their members, not with secular institutes nor societies of apostolic life. The book is intended for all religious institutes but with the institutes of brothers, nuns and sisters very prominently in mind, especially as regards the practice of the Sacred Congregation for Religious and for Secular Institutes. The purpose is to explain the canons, not to advocate any position on the Church or rel tutes, whether conservative, moderate or liberal. The canons are explained in their numerical order. Canons that ‘wholly of in part are evident from a mere reading are not included. They can be found, as the text of all canons, in vernacular translat least the part of the code on religious. The Roman study group mentioned in the text is the one that compiled the canons on religious. Writings of mine in the Review for Religious and on canon law for religious in the preceding and present code, form a great part of this book. We are grateful to the Review for permission to reprint this matter. The follow- ing signs are used: AAS Acta apostolicae sedis CLD Bouscaren-O’Connor, Canon Law Digest CLD 1980 Supplement. Supplement of the preceding. CpR Commentarium pro religiosis et missionariis, Rome, 1920- RIR Review for Religious, St. Louis, Mo., 1942. SCRSI Sacred Congregation for Religious and for Secular Institutes, vi CANON LAW FOR RELIGIOUS TPS The Pope Speaks Vatican If Documents: AA Decree on the Apostolate of the Laity CD Decree on the Bishops’ Pastoral Office in the Church GES Constitution on the Church in the Modern World LG Dogmatic Constitution on the Church PC Decree on the Appropriate Renewal of Religious Life PO Decree on the Ministry and Life of Priests ES Ecclesiae sanctae, Norms for the Implementation of Some Decrees of the Councit Rev. Joseph F. Gallen, S.J. Jesuit Community Si. Josephs University 5600 Cis Ave. Philadelphia, PA 19131 CANON LAW FOR RELIGIOUS CHAPTERI NORMS COMMON TO ALL INSTITUTES OF CONSECRATED LIFE tes of consecrated life are divided into religious and secular tes (cann. 573-730). These are approximated by soci es, the remaining chapters only to re Consecrated Life in General. The first canon states the nature se of a consecrated life in general. Consecration separates one from the purely temporal, secular and profane, and devotes him/her to divine and eternal things. This, in the concrete, is principally a striving for the perfection of the practice of the supreme, infused and theological Virtue of charity, by which we love God above all things for himself and ourselves and the neighbor for the love of God (Royo, Teologia della perfecione cristiana, no. 254) ‘This life can therefore be best summarized as one of universal and al supematural love. The or ism, by whiich charity i charity (LG, no. 44) by controlling the principal obstacles to perfect love: the divided heart, by chastity (1 Cor 7:33); the fascination for material things, by poverty; an inordinate self-love, or pride, by obedi- ence (Ph 2:8, Rm 5:19). The love of intensified charity is directed primarily to God, consequently to the neighbor, and thus extends salvation of mankind, to the service of the Church, the kingdom of God onearth, Itmakes its possessor an outstanding sign in the Church, whose mission is the eternal salvation of mankind, and a manifestation of the 4 CANON LAW FOR RELIGIOUS Blory of heaven. Eternal glory is effected by the perf God, and God life is lived in act by living Christ be lived in all institutes of the their foundation is preeminently a spiritual and Supematural work and thus implies the illumination and inspiration of ihe Holy Spirit. person in law isthe subject of rights and obligations By baptism an individual is incorporated into the Church and becomes a ions. There ate also juridical persons in the Church, as in the ci te, €.8., corporations. These likewise are, as such, the subjects of rights and ns which are ct from the rights and obligations of the individuals that ‘compose province acquiring, ad- ts erection as a juridical tute of consecrated is evident. The general purpose of the © is to strive for the perfection of charity in Christ, which The primary purpose of the apostolate, whether direct {nsttues, or indirect by prayer, austerity and witnessing to Christ in contemp! -ad others to sanctity of life. The fanon affirms the evident principe that this life should be promoted and favored by all in the Church § 2. Special Vocation and Purpose. A special cal or invit from God is necessary for the consecrated life. This is tener s divine Norms Common to All Institutes of Consecrated Life : vocation. What is meant Holy Spirit that entran the particular person. God. The purpose special an interior illumination and inspiration ofthe to the consecrated life is the will of God for ‘ation or counsel, not a command of those in the consecrated life “may have = mission,”” which ical juridical persons, and their members baptized persons, lent that the authority of the Church extends to the evangelical and to their members. 376."Church authority has the duty, under the inspiration of the Holy hierarchy to govern the practice of the evangelical counsel ‘Submissively following the promptings of the Holy Spirit. the nent men and women and ions. Moreover, by its watchful the hierarchy keeps close to communities es- ‘ablished far and wide for the upbuilding of Christ's body, so that can grow and flourish in accord no. 45), is to Live the Vocation of the Institute 'o this canon, the fundamental obligation of every institute vocation in Christ. ty to its origin,” **the com inspires the members, the origins of your institute”” (RIR, 3: 6 CANON LAW FOR RELIGIOUS. and preserve the spirit ofthe founders and all the particular goals and ‘wholesome traditions which constitute the heritage of each institute” true knowledge of their original spirit” (ES, ontial vocation of a particular institute is therefore centered in to the mind and spirit of its founder, and to its th relation to the life and work. These tradi- tions can have arisen subsequent to the origin of an institute regrettable fact that a synthesis ofthe essential vocation as a pa ' found in remarkably few constitutions of the past. 1c important document of the SCRSI and the Sacred Congregation for Bishops, May 14, 1978, on the Relations benween Bishops and Religious, describes the charism of founders: “

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