1. COURSE DESCRIPTION

Transcription

1 1. COURSE DESCRIPTION Course Number: CLA 601 Course Title: Canon Law I: Introduction Term: Fall 2016 Professor Name: Luis Luna M.S.A. Ph.D. Phone: (860) This course presents the complexity of the Church s Law in a summary manner, specifically in Canon Law, trying to cover the first part of the Code of Canon Law. This is a useful presentation in the instruction of our future deacons and also a great help in the practicum of their future ministries. 2. ENVISIONED LEARNING OUTCOMES We provide, to our students, a fundamental information and clear explanation of the structure juridical of the Church. We explain the importance of the law and their final goal: the salvation of the soul as a relevant fact. We prepare our seminarians in their future ministry, at the service of the Church, in obedience of their bishops and superiors in perfect availability to the motion of the Holy Spirit. We promote in each class an active participation of our students. We try to answer pertinent questions, or to motivate a spirit of personal research. We prepare in Canon Law for the future exam of canonicals in view of their diaconal and presbyteral ordination. 3. COURSE SCHEDULE Week 1: The History of Canon Law (1) Lectures: James Coriden 1-12 A. The Apostolic and Conciliar Age B. The First Collections of Canon Law C. The Greek Collections D. The Latin Church in the Ninth Century

2 E. The Eleventh Century and the Reform of the Latin Church F. The Twelfth and Thirteenth Centuries: Gratian and Bologna G. The Papal Decretals, the Medieval and the Early Modern Jurists Week 2: The History of Canon Law (2) H. The Codification of the Canon Law 1. The Second Vatican Council 2. The Code of Canon Law 1983 (CIC 83) 3. The Code of Canons of the Eastern Churches 1990 (CCEO 90) Week 3: Structure of the New Code Lecture: Wilson & Lafleur index Book I: The Norms Generals cc Book II: The People of God cc Book III: The Mission of Teaching of the Church cc Book IV: The Mission of Sanctify of the Church cc Book V: The Temporary goods of the Church cc Book VI: Of Sanctions in the Church cc Book VII: The Processes cc Week 4: The General Norms (1) Lectures: Hand Book pp A. Types of Law 1. Divine Law and Human Law 2. General and Particular Laws 3. Territorial Law and Personal Law 4. Invalidating and Incapacitating Laws Week 5: The General Norms (2) B. Promulgation C. Retroactivity D. Custom

3 Week 6: The General Norms (3) E. Administrative Norms 1. General Executory Decrees 2. Instructions F. Statutes and Rules of Order 1. Statutes 2. Rules of Order Week 7: The General Norms (4) G. Singular Administrative Acts 1. Singular Decrees 2. Singular Precepts Week 8: The General Norms (5) 3. Rescripts a. Privilege b. Dispensation Week 9: The General Norms (6) H. The Subjects in Canon Law 1. The Physical Person 2. The Juridical Person a. Aggregates of Persons and Foundations b. Public and Private Persons Week 10: The General Norms (7) I. The Constitution of the Church 1. Constitutional Principles 2. The fundamental Rights and Duties of the Faithful Week 11: The General Norms (8) J. The Social Structure of the People of God 1. The People of God 2. The Lay Faithful Week 12: The General Norms (9) 3. Personal Status of Sacred Ministers Week 13: The General Norms (10) 4. Associations of the Faithful

4 Week 14: The People of God. Its Hierarchical Structure 1. Ecclesiastical Organization 2. The Universal and Particular Dimensions of the Church 3. The Supreme Power 4. The Particular Churches Week 15: Consecrated Life 1. Institutes of Consecrated Life 2. Societies of Apostolic Life 4. COURSE REQUIREMENTS Course Participation 25% Papers 25% Midterm Exam 25% Final Exam 25% The class participation starts when the student read in advance the topic of the class and shares with all what he has learned, they had attention of the explanation of the professor and makes pertinent questions if necessary. The papers are done in pages double space and redacted in a research style, where you refer your source in the footnotes and give the author, title and page of your source; you must give your own points of view. Will be send to my luislunabarrera@hotmail.com in the date indicated. The midterm exam will cover the studied topic in the first part of the course. It can be used different methods to examine the student. The final exam as well like midterm exam will cover the rest of the classes studied. 5. REQUIRED READINGS and RESOURCES: CODE OF CANON LAW ANNOTATED: Prepared under the responsibility of the Instituto Martin de Azpilcueta, Second Edition revised and updated of the 6 th Spanish Language Edition, Wilson & Lafleur Limitee, Montreal, -Midwest Theological Forum,Woodrige, 2004, 2066p. (=Wilson & Lafleur) ISBN $ Catechism of the Catholic Church, New York, Libreria Editrice Vaticana- Catholic Book Publishing co, 1994, (=CCC) ISBN $ Joseph T. MARTIN DE AGAR, A Handbook on Canon Law, Second Updated Edition, Wilson & Lafleur, Montreal, 2007, 325 p. (=HB). ISBN *this is our textbook. $ SUGGESTED READINGS and RESOURCES: CODE OF CANONS OF THE EASTERN CHURCHES, Latin-English Edition, Canon Law Society of America, Washington, DC, 1992, ISBN: (=CCEO)

5 EXEGETICAL COMMENTARY ON THE CODE OF CANON LAW, Volume I, edited by Angel Marzoa, Jorge Miras and Rafael Rodriguez Ocaña, English Language Edition, General Editor: Ernest Caparros; Review Coordinator: Patrick Lagges, Wilson&lafleur, Montreal, Canada; Midwest Theological Forum, Chicago, Illinois, (=ECCL) K. CORIDEN, An Introduction to Canon Law, Paulist Press, New York- Mahwah, N.J., 1990, pp (=Coriden) J.M. HUELS, The Pastoral Companion: A Canon Law Handbook for Catholic Ministry, completely Revised, Updated and Expanded, Illinois, Franciscan Press, 1995, 432 p., Liturgy and Law: Liturgical Law in the System of Roman Catholic Canon Law, Wilson & Lafleur, Montreal, Canada, Midwest Theological Forum, Chicago, Illinois, 2006, 249 p. ISBN EVALUATION Students who have difficulty with research and composition are encouraged to pursue assistance with the Online Writing Lab (available at GRADING SCALE: A ; A ; B ; B 84-86; B ; C ; C 74-76; C D 60-69; F 59 and below Papers - CONTENT Absence of Understanding Lack of Understanding Inadequate understanding Adequate understanding Solid Understanding Insightful understanding Analysis shows no awareness of the discipline or its methodologies as they relate to the topic. Analysis seems to misunderstand some basic concepts of the discipline or lacks ability to articulate them. Analysis is sometimes unclear in understanding or articulating concepts of the discipline. Analysis demonstrates an understanding of basic concepts of the discipline but could express them with greater clarity. Analysis demonstrates a clear understanding and articulation of concepts with some sense of their wider implications. Analysis clearly demonstrates an understanding and articulation of concepts of the discipline as they relate to the topic; highlights connections to other concepts; integrates concepts into wider contexts. RESEARCH Missing Research Paper shows no evidence of research: citation of sources missing. Inadequate research and/or Over-reliance on few sources; spotty of facts in text; pattern of citation errors. Weak research and/or Inadequate number or quality of sources; many facts not referenced; several errors in citation format. Adequate research and but needs improvement Good choice of sources but could be improved with some additions or better selection; did not always cite sources; too many citation errors. Solid research and A number of relevant scholarly sources revealing solid research; sources appropriately referenced in paper; only a few minor citation errors. Excellent critical research and Critically selected and relevant scholarly sources demonstrating extensive, in-depth research; sources skillfully incorporated into paper at all necessary points; all citations follow

6 standard bibliographic format. WRITING & EXPRESSION Incomplete writing Analysis is only partially written or completely misses the topic. Writing difficult to understand, serious improvement needed Analysis fails to address the topic; confusing organization or development; little elaboration of position; insufficient control of sentence structure and vocabulary; unacceptable number of errors in grammar, usage. Episodic writing, a mix of strengths and weaknesses. Analysis noticeably neglects or misinterprets the topic; simplistic or repetitive treatment, only partiallyinternalized; weak organization and development, some meandering; simple sentences, below-level diction; distracting errors in grammar, usage. Acceptable writing, but could use some sharpening of skill Analysis is an uneven response to parts of the topic; somewhat conventional treatment; satisfactory organization, but more development needed; adequate syntax and diction, but could use more vigor; overall control of grammar, usage, but some errors. Solid writing, with something interesting to say. Analysis is an adequate response to the topic; some depth and complexity in treatment; persuasive organization and development, with suitable reasons and examples; level-appropriate syntax and diction; mastery of grammar, usage, with hardly any error. Command-level writing, making a clear impression Analysis is a thorough response to the topic; thoughtful and insightful examination of issues; compelling organization and development; superior syntax and diction; errorfree grammar, usage. Class Participation: 1. A Short History of Canon Law from Apostolic Times to 1917 (survey during the class) Coriden, pp Read before to coming to class. (August/September) 2. Joseph Martin de Agar, A Handbook on Canon Law, Chapters I-VIII: Read for each class when is indicated. HB, pp Apostolic Constitution Sacrae Disciplina Leges, 25 January Apostolic Constitution Sacri Canones, October 18, Apostolic Constitution Pastor Bonus, June 28, 1988, The student must make an analysis and discuss in class the importance of these documents. This will be in two weeks: September. Homework: 1. Summa Theologiae, Saint Thomas Aquinas, First Part of the Second Part, QQ , [Ia IIae]. Read and explain, in two pages, the kinds of law and the impact in the Church s Law by September Council Vatican II: Sacrosanctum Concilium 26; Lumen Gentium 1; 7; 48; 59; Ad Gentes 1; 4; Gaudium et Spes The Church understood as: Sacrament of Salvation; The Church and the Incarnation; The Church Mystical Body of Christ: Make as a research paper, in four pages explain the importance of this conciliar documents in the structure of the New Code of Canon Law, by November 18.

7 8. DISABILITIES ACCOMMODATIONS POLICY Students in this course seeking accommodations to disabilities must first consult with the Disabilities Resource Center in the Registrar s Office and follow the instructions of that office for obtaining accommodations. 9. ACADEMIC HONESTY POLICY Students at Holy Apostles College & Seminary are expected to practice academic honesty. Avoiding Plagiarism In its broadest sense, plagiarism is using someone else's work or ideas, presented or claimed as your own. At this stage in your academic career, you should be fully conscious of what it means to plagiarize. This is an inherently unethical activity because it entails the uncredited use of someone else's expression of ideas for another's personal advancement; that is, it entails the use of a person merely as a means to another person s ends. Students, where applicable: Should identify the title, author, page number/webpage address, and publication date of works when directly quoting small portions of texts, articles, interviews, or websites. Students should not copy more than two paragraphs from any source as a major component of papers or projects. Should appropriately identify the source of information when paraphrasing (restating) ideas from texts, interviews, articles, or websites. Should follow the Holy Apostles College & Seminary Style sheet (available on the Online Writing Lab s website at Consequences of Academic Dishonesty: Because of the nature of this class, academic dishonesty is taken very seriously. Students participating in academic dishonesty may be removed from the course and from the program. 10. ATTENDANCE POLICY As part of the formation process, the intellectual dimension, every student must know the classroom is the place of learning and preparation for their future as leaders of souls, the success of every student starts from the moment of the first class till the end of the semester. The active and respectful participation is highly encouraged. Once the classes start, the door is closed.

8 11. INCOMPLETE POLICY An Incomplete is a temporary grade assigned at the discretion of the faculty member. It is typically allowed in situations in which the student has satisfactorily completed major components of the course and has the ability to finish the remaining work without re-enrolling, but has encountered extenuating circumstances, such as illness, that prevent his or her doing so prior to the last day of class. To request an incomplete, students must first download a copy of the Incomplete Request Form. This document is located within the Shared folder of the Files tab in Populi. Secondly, students must fill in any necessary information directly within the PDF document. Lastly, students must send their form to their professor via for approval. Approval should be understood as the professor responding to the student s in favor of granting the Incomplete status of the student. Students receiving an Incomplete must submit the missing course work by the end of the sixth week following the semester in which they were enrolled. An incomplete grade (I) automatically turns into the grade of F if the course work is not completed. Students who have completed little or no work are ineligible for an incomplete. Students who feel they are in danger of failing the course due to an inability to complete course assignments should withdraw from the course. A W (Withdrawal) will appear on the student s permanent record for any course dropped after the end of the first week of a semester to the end of the third week. A WF (Withdrawal/Fail) will appear on the student s permanent record for any course dropped after the end of the third week of a semester and on or before the Friday before the last week of the semester. 12. ABOUT YOUR PROFESSOR Name: Rev. Luis Antonio Luna Barrera M.S.A., professed member of The Missionaries of the Holy Apostles, his community since 1985, and Ordained Priest, January 18th, Education: Philosophy at Faculty of Theology Pontifical and Civil of Lima-Peru Testimony of Study of Institute Pontifical of Christian Archeology, Rome, Italy Baccalaureate in Sacra Theology at Pontifical University Gregorian, Rome, Italy Baccalaureate, License and Master in Canon Law, and from Doctorate in Philosophy Ius Canonicum, at University of Ottawa/Saint Paul University, Ottawa, Canada. Work experience: He worked in different fields of education and priestly ministry in several countries: Colombia, Venezuela, Peru, Italy, Canada, and recently in United States of America. At Holy Apostles College and Seminary teaches Canon Law and specially helping in the formation of future priests and laity for the Church. Member of the Missionaries of the Holy Apostles, where Fr. Luna had many responsibilities: in formation, parish administration, high school rector, as member of the general council for two periods; and actually is the Provincial Superior of the Missionaries of the Holy Apostles of United States and canonical advisor of his Society.