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Teaching, Duties and Freedom in

(1,125 words)

Author(s): Link, Christoph | Rees, Wilhelm | Germann, Michael
[German Version] I. German Law Along with artistic freedom, Basic Law art. 5 § 3 guarantees freedom of “scholarship, research, and teaching.” The association of freedom of teaching with scholarship and research shows that the guarantee of the Basic Law applies only to scholarly teaching, i.e. teaching that presents the findings of one’s own research (and examines critically the findings of others). Freedom of teaching thus relates (albeit not exclusively) to teaching in public and private universitie…

Enclosure

(280 words)

Author(s): Rees, Wilhelm
[German Version] (clausura; from Lat. claudere, “to close”) is the term in Cath ecclesiastical law for the area of a monastery building that is exclusively reserved for the members of the community, and which members may not leave, or outsiders enter, depending on the stipulations that apply in each case. In non-contemplative institutions an enclosure adapted to the character and mission of the institute, and in accordance with its own laws, has to be observed ( CIC/1983 c. 667 §1; CCEO c. 477). Contemplative monasteries require a stricter system ( CIC/1983 c. 667). For nuns, the …

Cumulation

(242 words)

Author(s): Rees, Wilhelm
[German Version] (Lat. cumulatio; cumulare, “to accumulate”) occurs in Catholic canon law dealing with both penalties and offices. In canon penal law (Ecclesiastical penalties), the fundamental principle is to impose as many penalties as criminal offenses committed ( tot poenae quot delicta). In the event that the accumulation ¶ of all imposed individual penalties results in an excessive aggregate penalty, the judge may mitigate the penalty (cc. 1344, 1346 CIC/1983; cf. c. 2224 CIC/1917; c. 1409 §1, 30 CCEO). Cumulation applies in cases of repeated offense during a probat…

Ecclesiastical Province/Region

(186 words)

Author(s): Rees, Wilhelm
[German Version] In contrast to the ecclesiastical region ( regio ecclesiastica; CD art. 39ff.), since the 4th century the ecclesiastical province ( provincia ecclesiastica) has belonged to the constitutional structure of the Catholic Church. It is the assembly of neighboring particular churches to promote pastoral work and relationships among the diocesan bishops in the union of particular churches so created ( CIC/1983 c. 431 §1). The provincial council and the metropolitan have leadership authority ( CIC/1983 c. 432 §1). Neighboring ecclesias…

Bishop

(5,831 words)

Author(s): Schöllgen, Georg | Hauschild, Wolf-Dieter | Rees, Wilhelm | Plank, Peter | de Wall, Heinrich | Et al.
[German Version] I. New Testament – II. Church History – III. Dogmatics and Canon Law – IV. Missiology I. New Testament The NT contains no evidence of the episcopate in the traditional Catholic sense (a single bishop at the apex of a hierarchical clerical ministry functioning as head of a Christian community), but it does use the word ἐπίσκοπος ( epískopos; the etymological source of bishop) for functionaries and officials exercising oversight in the community (Acts 20:28; Phil 1:1; 1 Tim 3:1–7; Tit 1:7–9). For the primitive church, it is therefore better ¶ to speak of episkopoi rathe…

Affiliation

(90 words)

Author(s): Rees, Wilhelm
[German Version] In Catholic canon law, similar to the secular realm, “affiliation” (Lat. affiliare: “adopt”) denotes a special relationship of association; more specifically it is used in terms of aggregation (laws of religious orders and associations), incorporation or incardination and, in the context of the law code governing higher education, the affiliation of a university with a faculty. On the basis of papal privilege, letters of affiliation granted participation in the good works of a religious association. Wilhelm Rees Bibliography E. Magnin, DCC I, 1935, 263f.

Exclaustration

(143 words)

Author(s): Rees, Wilhelm
[German Version] is the temporary separation of one who professes eternal vows (IV) from an institutional order. Exclaustration differs from secularization ( CIC cc. 688–693). It can result at the request of the one who professes or by compulsion for very serious reasons ( CIC c. 686, cc. 489, 490; CCEO 548). Exclaustration does not free from the vows, but from duties that are irreconcilable with the new situation. It invalidates active and passive electoral rights ( CIC c. 687). Wilhelm Rees Bibliography P.V. Pinto, “Exclaustratio et Absentia a domo des religieuses,” StCan 11, 1977, …

Devolution, Right of

(185 words)

Author(s): Rees, Wilhelm
[German Version] In Catholic canon law (II) this is the transfer of the right to bestow a church office to the superior church official (authentic devolution) or the release of the bestower from his relationship to a right of nomination (inauthentic devolution). Introduced by Alexander III (X1, 6, 7; X3, 8, 2; X3, 38, 3), the right of devolution has been limited since the 13th century. The CIC knows of representative conveyance of office in the event of neglect or hindrance (c. 155 CIC; c. 945 CCEO) and of the replacement of a diocesan administrator (cc. 421 §2; 425 §3 CIC; cc. 220 n. 3; 221 n…

Parish Administrator

(180 words)

Author(s): Rees, Wilhelm
[German Version] ( administrator paroecialis) is a priest whom the diocesan bishop has to appoint if a parish is vacant (cf. CIC c. 538, 1983; CCEO c. 297), or the parish priest is prevented from fulfilling his pastoral duties ( CIC c. 539, 1983; CCEO c. 298). Until the parish administrator is appointed, the Pfarrvikar (Chaplain) assumes direction of the parish (cf. CIC c. 541, 1983; CCEO c. 300). As a rule, the parish administrator has the same privileges, duties, and rights as the parish priest, and has to give account of his office (cf. CIC c. 540, 1983; CCEO c. 299). The installation of a…

Anathema

(153 words)

Author(s): Rees, Wilhelm
[German Version] The word “anathema” originally meant an offering consecrated to a deity, or a curse (Blessing). Anathema as banishment or exclusion from the community was a common practice before Christianity, which adopted it as a disciplinary measure after the analogy of the OT ban and the practice of exclusion at Qumran. In the penal code of the church, “anathema” referred to excommunication, especially when solemnly imposed as provided in the Pontifcale Romanum ( CIC 1917, c. 2257, §2). This form of excommunication was not included in CIC 1983. Neither does the formula anathema sit

Ecclesiastical Penalties

(480 words)

Author(s): Rees, Wilhelm
[German Version] are legal restrictions imposed by the Catholic Church on church members who culpably and accountably violate church law. In continuity with CIC/1917, CIC/1983 c.1312 §1 distinguishes censures ( CIC/1983 cc.1331–1335; cf. CCEO cc.1431f., 1434f.), namely, excommunication, interdict, and suspension (clerics), from expiatory penalties ( CIC/1983 cc.1336–1338; CCEO cc.1429f.; 1433). Such include residency stipulations and prohibitions, withdrawal of authorizations, offices, privilege…

Delegation

(167 words)

Author(s): Rees, Wilhelm
[German Version] is, in Catholic canon law (II, 1), the transfer of administrative authority independent of an office (c. 131 CIC; cc. 981 §1; 983 §1 CCEO) by law or administrative order. Authority can be delegated for individual actions or for all cases. Legislative authority, as a rule, cannot be delegated (c. 135 §2 CIC; c. 985 §2 CCEO; judicial authority can only be delegated for the preparation of judicial decisions (c. 135 §3 CIC; c. 985 §3 CCEO). In the strictest sense, delegation pertains only to clerics, but in a limited sense also to lay people (c. 483 §2; 1282; 129 CIC; cc. 253 §2; 979 CCE…

Celebret

(94 words)

Author(s): Rees, Wilhelm
[German Version] In the Catholic Church, this is a letter of recommendation by a priest's own ordinary (Incardination) or superior for admission by the church rector of a different church to celebrate the Eucharist there. A celebret may not be more than a year old (cf. c. 903 CIC/1983; c. 703 CCEO) and is intended to prevent unsanctioned celebrations (cf. c. 1378 § 2, 1° CIC/1983; c. 1443 CCEO). Wilhelm Rees Bibliography K. Lüdicke, MKCIC, canon 903 (as of Nov 1989) E. Miragoli, “Il celebret,” Quaderni di diritto ecclesiale 7, 1994, 435–442.

Ordinariate

(161 words)

Author(s): Rees, Wilhelm
[German Version] Resulting from the separation of functions required by the ecclesiastical lawgiver (e.g. CIC/1983 c.135; CCEO c. 985; Jurisdiction, Ecclesiastical), and alongside the diocesan court (Consistory), the ordinariate is the authority in the diocesan curia (cf. CIC/1983 cc. 469–494; CCEO cc. 243–263) which serves the administration of the diocese (also denoted general vicariate; Bishopric) under the direction of the vicar general (cf. CIC/1983 c. 475). Requirements include a chancellor, additional notaries as needed, a property adminstrator, and …

Consultation

(181 words)

Author(s): Rees, Wilhelm
[German Version] (Lat. consultare, “ask for advice”) in Catholic canon law means the seeking of advice that preserves the ultimate responsibility of the seeker, yet at the same time involves that person in a collegial conferring process (cf. Priests' council College of Consultors [Consultors, College of], Diocesan Income Administrative Council, Diocesan Pastoral Council; Diocesan synod). Canon 127 CIC/1983 (c. 934 CCEO) standardizes the agreement rights of third parties. Consultation grows out of the communio structure of the church, as wel…

Abjuration

(77 words)

Author(s): Rees, Wilhelm
[German Version] designates in canon law renunciation in cases of apostasy (Apostate), heresy and schism (c. 2314 CIC/1917), as well as the conversion of a non-Catholic Christian (Church membership). Today, reconciliation in offences of the faith, leaving the church, and conversion, as regulated by local church law (cc. 751 and 1364 CIC), requires the deposition of a confession of faith. Wilhelm Rees Bibliography W. Rees, “Die Strafgewalt der Kirche,” KStT 41, 1993, 88–96, 228f., 426–429.

Indult

(78 words)

Author(s): Rees, Wilhelm
[German Version] Indult, from Lat. indulgere, “be lenient, grant.” In Catholic church law indult is the granting of a usually temporary exemption from a legal requirement (Dispensation, Privilege) by a bearer of sovereign leadership authority (cf. e.g. CIC [1983] cc. 306; 320 §2; 684 §2; 692; 727f.; 743; 995; 1015 §2; 1019 §2; 1021). Wilhelm Rees Bibliography KanR I, 1991, 256f.; 505, n. 8 I. Riedel-Spangenberger, Grundbegriffe des Kirchenrechts, 1992, 133 A. McCormack, The Term “Privilege”, 1997.

Mission

(13,709 words)

Author(s): Sundermeier, Theo | Frankemölle, Hubert | Feldtkeller, Andreas | Collet, Giancarlo | George, Martin | Et al.
[German Version] I. Religious Studies – II. Christianity – III. Judaism – IV. Buddhism – V. Islam I. Religious Studies 1. Overview. Mission is not a fundamentally universal phenomenon in the history of religions; neither is every form in which religion is passed on eo ipso mission. “Primary,” tribal religions are not missionary religions. Their domain is coterminous with their society and its way of life; they are handed down from one generation to the next in the course of natural life. The question of truth does not arise. An indivi…

Quinquennial Faculties

(179 words)

Author(s): Rees, Wilhelm
[German Version] In the language of canon law, quinquennial faculties (from Lat. quinquennalis, “every five years”) denotes the special powers that were conceded to diocesan bishops by the Apostolic See for a period of five years. This institution was in effect from the period of Catholic restoration until the restructuring of the dispensation system in the period following Vatican II; it was tied to the bishops’ quinquennial reports (cf. CIC/1983 c. 399; CCEO c. 206; CIC/1917 c. 340). The faculties involved dispensations (mixed marriage), acts of clemency (Indulgence)…

Community

(5,842 words)

Author(s): Kehrer, Günter | Rüterswörden, Udo | Banks, Robert J. | Hauschild, Wolf-Dieter | Marquardt, Manfred | Et al.
[German Version] I. History of Religion – II. Old Testament – III. New Testament – IV. Church History – V. Dogmatics – VI. Ethics – VII. Practical Theology – VIII. Church Law – IX. Judaism – X. Islam I. History of Religion In the following comments the term community will refer exclusively to a religiously motivated association of people. From the standpoint of the history of religion, the formation of communities is more the exception than the rule. The fact that associations such as tribes, as well, howe…
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