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Course Descriptions


CL  701  History of Canon Law  (3)  Lecture 

Legal texts: church orders, Oriental collections, Dionysiana, Hispana, Pseudo-Isidorian forgeries, Decretum of Burchard, collections of Ivo of Chartres, the formation of the Corpus Iuris Canonici, developments after the Council of Trent. Church structures: the episcopate, presbyterate, patriarchate, papacy, councils, and the like.

 

CL  702  Seminar in Sources  (3)  Lecture 

Readings in Gratian, the Decretals, the Glossa ordinaria, and the commentators before the Council of Trent. Required for J.C.D.

 

CL  711  General Norms  (3)  Lecture 

A study of a major portion of Book I of the code presented as a general introduction to the study of the entire Code of Canon Law. Includes an investigation of the fundamentals of ecclesiastical laws, canonical custom, general decrees and instructions, physical persons, juridical acts and time, as well as the sources and related implementation of these norms. Canons 1-84, 94-112, 124-128, 200-203. Faculty.

 

CL  712  General Norms II  (3)  Lecture 

A study of the second part of Book One of the Code of Canon Law. Includes physical and juridic persons, juridic acts, the power of governance, ecclesiastical offices, prescription and the computation of time. Canons 96-203.

 

CL  715  Elements of American Law  (3)  Lecture 

An introduction to the common-law, statutory, and constitutional components of the American legal system in the context of basic tort, agency, property, matrimonial, and procedural law, with particular reference to issues affecting the contemporary Church. Comparative inquiry into canonical and American legal concepts. Students expected to acquire reasonable facility in the use of the terminology, concepts, and sources of American law, with particular emphasis on the law of each student’s own jurisdiction.

 

CL  716  Religious Liberty(3)  Lecture 

Ius Publicum Externum in the context of the Church in the United States. Historical, theological, and canonical study of the Church’s position in regard to religious liberty and to the relationships between church and state, with particular emphasis on the Second Vatican Council’s Declaration on Religious Liberty. Evaluative study of opinions of the Supreme Court of the United States interpreting the religion clauses of the First Amendment to the Constitution of the United States in the light of the Church’s evolving position in regard to religious freedom and to the relationships between church and state.

 

CL  718  Constitutional Law of the Church  (3)  Lecture 

‘Ius Publicum Ecclesiasticum’ both Externum and Internum. Critique of historical approaches to the Ius Publicum; theological foundations in view of Vatican II; elements comprising the Church constitution. Canons 3; 204-207.

 

CL  720  Ordained Ministry  (3)  Lecture 

Organization of official ministry by lay persons and clergy. Selection, training, ministry, and life of lay persons in official ministry, deacons, priests, and bishops. The exercise of ministry examined with special attention to ecclesiastical office. Canons 145-196, 224-329, 1008-1054, 1708-1712.

 

CL 721  Structures of the Particular Church  (3)  Lecture 

Theological-canonical reflections on the various structures whereby the particular church is organized for mission. 1983 code in light of Vatican Council II and post-conciliar legal developments, some comparative analysis of the 1917 code. The nature of the particular church, the office of diocesan bishop, the diocesan synod, the diocesan curia, consultative bodies such as the presbyteral council, the finance council and the college of consultors, the office of pastor, and the structure of the parish. Canons 368-430, 460-555.

 

CL 722  Administration in the Diocesan Curia  (3)  Lecture 

Contemporary theories of management and communication applied to the diocesan curia as described in the Code of Canon Law and actual practice from a representative sampling of United States dioceses. Specific concerns such as planning, organizational structure, record keeping, confidentiality, budgeting, and relating to agencies outside the diocese. Offered alternate years.

 

CL  724  Law for Consecrated Life  (3)  Lecture 

A canonical study of consecrated life and similar institutes within the contexts of historical and theological developments; institutes of consecrated life, societies of apostolic life, the order of virgins, and eremetical lifestyles; contemporary applications. Canons 573-746.

 

CL  725  Selected Issues in Consecrated Life  (3)  Lecture 

Research and case-study seminar on practical current issues in consecrated life: constitutions, incorporation and separation procedures, government, apostolate, administration of goods, rights and obligations, recourse. Prerequisite: 724.

 

CL  726  Special Issues in Lay Ministry  (3)  Lecture 

The course considers various aspects of lay ministry; definition, interpretation and implementation of pertinent canons on office and power of governance, parish staffing (c. 517.2), employment practices and preparation for ministry. Also, cc. 208-231 on obligations and rights of the Christian faithful and lay Christian faithful, as well as cc. 298-329 on Associations of the Faithful.

 

CL 727 Philosophy and the Theology of Law (3) Lecture

A study of select philosophers and theologians whose views on the role of law in society and in the Church have shaped the canonical system of law and continue to provide keys for its interpretation and development.

 

CL  728  Supradiocesan Structures of the Church  (3)  Lecture 

Theological-canonical issues pertinent to Latin church governance at the universal and intermediary levels. Reflections on petrine ministry and college of bishops/ecumenical council, synod of bishops, college of cardinals, Roman Curia, and pontifical legates. Observations on provinces and regions, metropolitans, particular councils with particular attention directed to episcopal conferences. Canons 330-367; 431-459.

 

CL  729  Liturgical Law  (3)  Lecture 

The nature of liturgical legislation. The discipline of the Constitution on the Liturgy, implementing documents, and the praenotanda of the Roman liturgical books. The authority of diocesan bishops and conferences of bishops. Particular liturgical books and norms. Relation of liturgical legislation to the Code of Canon Law, especially canons 2, 834-839.

 

CL  730  Liturgical Law: Selected Issues (3)  Lecture 

Seminar on the praenotanda of the revised liturgical books of the Roman rite, related postconciliar legislation, and their pastoral/disciplinary applications. Introductory overview of the revised liturgical discipline since 1963 and of Parts II and III of Book IV of the Code of Canon Law. Faculty.

 

CL  731  Sacramental Law: Selected Issues in Discipline of Church’s Sanctifying Office  (3)  Lecture 

Theological-canonical reflections on selected questions in the canons of Book IV, other than the sacraments of orders and marriage, in light of the teaching of the Second Vatican Council, postconciliar legislation, and the process of revising the Code of Canon Law. Particular emphasis on issues in the sacramental law of Christian initiation, penance, and anointing of the sick. Selected questions in Part II (other acts of worship) and Part III (sacred places and times) of Book IV.

 

CL  734  Juridical Structure: Sacrament of Matrimony  (3)  Lecture 

A study of the principal canons on matrimony in their historical and doctrinal context. The canonical definition of marriage and its ends and properties, canonical preparation for marriage, impediments, mixed marriage, dissolution of the bond, separation, convalidation, sanation. Canons 1055-1094, 1124-1165.

 

CL  735  Selected Issues in Marriage  (3)  Lecture 

Some disputed questions concerning marriage, presented and critically examined from a theological and canonical point of view: the meaning of covenant, the requirement of faith, the nature of consent, mixed marriages, privilege of the faith, convalidation, indissolubility, and others. Prerequisite: 734.  Faculty.

 

CL  739  Matrimonial Jurisprudence  (3)  Lecture 

An examination of the nature of jurisprudence and of selected capita nullitatis of particular relevance to practitioners in church courts; so-called traditional capita but also various psychological bases for nullity. Writing and critique of briefs and sentences. Canons 1057, 1095-1103, 1107. Prerequisite: 734. Faculty.

 

CL  740  Selected Issues in Matrimonial Jurisprudence  (3)  Lecture 

A more detailed examination of selected grounds for marital nullity in light of the jurisprudence of the Rota and American courts. Prerequisite: 739. Faculty.

 

CL  741  Procedural Law  (3)  Lecture 

A general overview of key issues in the law on the formal process in the 1983 code with reference to the marriage nullity process in particular; competence, tribunal organization, procedural capacity, the opening of the formal process, the rules of evidence, the decision, and ways of impugning the decision. Canons 1400-1691. Prerequisite: 739.

 

CL  742  Selected Tribunal Issues  (3)  Lecture 

 

CL  744  Temporal Goods  (3)  Lecture 

Study of the canon law governing the acquisition, administration, and alienation of temporal goods within the Church. The concept of juridic personality; collections, ecclesiastical taxes, gifts, wills, contracts, ordinary and extraordinary administration, financial accountability; relationship to canon law of civil laws governing property; fundamental principles of American property law relevant to the Church. Canons 113-123, 197-199, 1254-1310.

 

CL 745  Due Process, Hierarchical Recourse and Human Rights (3)  Lecture 

A study and analysis of the Administrative Process:  special consideration will be given to Hierarchical Recourse and to the question of the protection of human rights.

 

CL  746  Protection of Rights in Administrative Life of the Church  (3)  Lecture 

Contemporary concern for rights within the Church, causes and implications; canonical tradition and the protection of rights; categories of rights and their respective bases; selected human, ecclesial, and ecclesiastical rights; necessity of juridical protection of rights within the Church; nature of juridical protection; juridical protection in the new Code of Canon Law; administrative justice; ecclesiastical due process; administrative courts. Canons 208-231, 1713-1716, 1732-1739.

 

CL  747  Selected Issues in the Law on Clergy  (3)  Lecture 

Some controverted questions concerning the rights and obligations of diocesan clerics; e.g., responding to complaints of sexual misconduct, issues regarding reassignment to ministry, voluntary petitions for return to the lay state, structuring policies and practices on leaves of absence, nonpenal disciplinary actions. Topics adjusted to needs and interests of participants. Prerequisite: 720.

 

CL  750  Teaching Office of the Church  (3)  Lecture 

Canonical aspects of the Church’s teaching office or magisterium. Canons 747-833 examined in the light of the documents of the Second Vatican Council from both doctrinal and disciplinary aspects. The ministry of the word, including preaching and catechetical formation; missionary activity, including the catechumenate; Catholic schools and higher education; communications media.

 

CL  751  Sanctions  (3)  Lecture 

Some background reflections on the post-conciliar revision of penal law. Systematic examination of key substantive penal law institutes in the 1983 code; notion of delict, penal authority, imputability, types of penalties, application and remission of penalties, etc.; administrative and judicial penal procedure; penalties for specific delicts. Canons 1311-1399, 1717-1731, and related canons, especially April 2001 motu proprio ‘Sacramentorum sanctitatus tutela’ and USCCB ‘Essential Norms.’

 

CL  757  Selected Issues in Chancery Practice  (3)  Lecture 

Some practical issues involving canon law faced by those who work in diocesan curiae: e.g., personnel management, dealing with extern clergy, investigation of complaints of sexual misconduct, developing policies, administering temporal goods, disputed issues in liturgical law, dealing with recourses to the Holy See.

 

CL  758  Special Procedures Grave Delicts  (3)  Lecture 

 

CL  760  Roman Law  (2)  Lecture 

Selected institutes of Roman public and private law as they have influenced the development of canon law and aid in its interpretation. Faculty.

 

CL  771  Survey of Eastern Canon Law  (3)  Lecture 

Ecclesiological background. Codification and revision of Eastern canon law. Orientalium Ecclesiarum. The 1990 Code of Canons for Eastern Churches. Hierarchical and collegial governance; synodal governance. Structures in patriarchal, major archiepiscopal and autonomous metropolitan churches. Eparchies and exarchies. Pertinent canons on the Church’s teaching and sanctifying missions. Selected canons on procedures and sanctions. Faculty.

 

CL  784  Ecumenism and Canon Law  (3)  Lecture 

The attitude and regulations expressed in the code and in pre-Vatican II legislation concerning persons and religious institutions other than Roman Catholic. A study of the documents issued during and since Vatican II dealing with ecumenical matters and their canonical implications. Questions concerning the reception and administration of the sacraments in an ecumenical context.

 

CL  789  Introduction to Canonical Latin  (0)  Lecture 

A non-credit introduction to fundamental notions of Latin grammar and syntax.

 

CL  790  Contemporary Ecclesiastical Latin Usage  (0)  Lecture 

A practical reading course oriented toward providing a facility in reading the code and curial documents with an emphasis on vocabulary, content, style, and meaning. Prerequisite: Latin 501-502.

 

CL  800  Seminar in Canonical Studies  (3)  Lecture 

Introduction to doctoral study of canon law, research and writing at the doctoral level. Discussion of selected topics in canon law, experience in research and moderating group examination of questions of special interest.

 

CL  801  Readings  (3)

Directed Reading

 

CL  802  Readings in General Norms  (3) 

Directed Reading

 

CL  803  Readings in Clergy, Laity, Ministry  (3) 

Directed Reading

 

CL  804  Readings in Church Structures  (3) 

Directed Reading

 

CL  805  Readings in Religious Law  (3) 

Directed Reading

 

CL  806  Readings in the Church’s Office of Teaching  (3) 

Directed Reading

 

CL  807  Readings in the Church’s Office of Sanctifying  (3) 

Directed Reading

 

CL  808  Readings in the Church’s Office of Governance  (3) 

Directed Reading

 

CL  809  Readings in the Law on Temporal Goods  (3) 

Directed Reading

 

CL  810  Readings in the Law on Penalties  (3) 

Directed Reading

 

CL  811  Readings in Procedural Law  (3) 

Directed Reading

 

CL  996  Licentiate Thesis Guidance  (0) 

Thesis Guidance 

 

CL  997  Dissertation - Doctoral  (0) 

Dissertation Guidance

 

LAT 501  Elementary Latin for Graduate Students I (3) 

First course in a two-semester sequence giving intensive grounding in forms, vocabulary, and syntax; frequent exercises in reading and writing Latin.

 

LAT 502  Elementary Latin for Graduate Students II (3) 

Second course in a two-semester sequence giving intensive grounding in forms, vocabulary, and syntax; frequent exercises in reading and writing Latin.

 

LAT 505  Readings in Canonical Latin (3) 

Close reading and study of selections from the 1983 edition of the Code of Canon Law.