Course Number: CLA 715 Course Title: CANON LAW OF MARRIAGE Term: Spring 2017 Instructor: Fr. Luis Luna M.S.A. Email: luislunabarrera@hotmail.com Phone: (860) 759-9033 1. COURSE DESCRIPTION This course completes the review of specific sets of Canon Law begun in Canon Law I. It includes a thorough study of Canon Law on Marriage and others sacraments. 2. ENVISIONED LEARNING OUTCOMES 1. The intimate community of life and love which constitutes the married state has been established by Our Creator and endowed by Him its own proper laws 1. 2. This course tries to present to our students the canonical principles of the sacraments in the Catholic Church. We will see specially their theory and some specific cases in matrimony; deeply cases will be presented in the course of practical problems in jurisprudence. 3. We will see more extensible the sacrament of Marriage, because this sacrament it is very important in the pastoral task of our future pastors. 3. COURSE SCHEDULE Week 1: THE SACRAMENTS: Baptism A. Theory and definition of sacrament (Sensible signs of grace) B. Baptism (semel christianus semper christianus) Week 2: THE SACRAMENTS: Confirmation C. Confirmation (sealed with the gift of the Holy Spirit) Week 3: THE SACRAMENTS: Eucharist D. Eucharist (source and summit of Christian life) 1. The Holy Sacrifice of the Mass 2. Eucharistic Communion 3. Conservation and Veneration of the Eucharist 4. Offerings for the Celebration of the Mass 1 Catechism of the Catholic Church, Second Edition, Libreria Editrice Vaticana, 2000, =CCC 1603, p. 400. 1
Week 4: SACRAMENTS: Penance E. Penance (remission of sins) 1. Collective Absolution 2. Indulgences Week 5 : SACRAMENTS: Anointing of the Sick F. Anointing of the Sick (Sacrament of healing) Week 6: SACRAMENTS: Holy Orders G. Holy Orders (Munus docendi, munus regendi and munus sanctificandi) Week 7: SACRAMENTALS A. Sacramentals B. The Liturgy of the Hours C. Church Funerals D. Veneration of the saints and Relics E. Vow and Oaths F. A Sacred Places Week 8: SACRAMENTS: Matrimony (History) A. The Old Testament B. The New Testament C. The Magisterium of the Church Week 9: SACRAMENTS: Matrimony (Theological Principles) A. Saint Thomas of Aquinas B. Catechism of Catholic Church Week 10: SACRAMENTS: Matrimony (Juridical principles) A. General Principles B. Pastoral Care and Preparation for Marriage Week 11: SACRAMENTS: Matrimony What Makes the Matrimony? C. Matrimonial Consent D. Impediments Week 12: SACRAMENTS: Matrimony: Fruits E. The Form of Marriage F. Effects of Marriage Week 13: SACRAMENTS: Matrimony Dispensations G. Dissolution of the Marriage Bond 1. Dispensation of Non Consummated Marriage 2. Dissolution in favor of the Faith Week 14: SACRAMENTS: Matrimony: Separation and Healing H. Separation of the Spouses I. Validation of the Marriage 1. Simple Validation 2. Retro-active Validation 2
Week 15: SACRAMENTS: Matrimony: Jurisprudence 1. The meaning of Matrimonial Annulment. 2. Some examples of Matrimonial Annulment. 4. COURSE REQUIREMENTS Discussion and Class Participation- 25% Homework 25% Midterm Exam 25% March 09, 2017 Final Exam 25% May 04, 2017 Homework: You will read the sets of notes of Canon Law of Marriage, as well the required readings. Your paper will be no longer than four pages. 4.1. First Homework: For February 18, 2017 Liturgical Actions: Research # 1: Read the following documents: Sacrosanctum Concilium 7, b-c; Lumen Gentium 26; 28; 39-42; Christus Dominus 11/b; 15; Presbiterorum Ordinis 5/a. Explain: what is the meaning of the sacrament as In persona Christi et in nomine Ecclesiae (In the person of Christ and In the Name of the Church) and what means Faciendi id quod facit Ecclesia (Do what the Church does)? Explain the limits of the priests and the faithful in the administration-reception of the sacraments. 4.2. Second Homework: For March 23, 2017 (Sacrament of Marrige): Research work # 2: Read the fallowing documents: PONTIFICAL COUNCIL FOR THE FAMILY, Preparation for the Sacrament of Marriage, May 13, 1996, #s 5-47: The Sanctifying Office: Preparation for the sacrament of Marriage. The Pastoral Companion pp. 273-281: The Sanctifying Office: Dissolution of the Marriage Bond. Pope Francis, Amoris Laetitia: The Joy 0f Love, #s 50-57 Some Challenges of Families. Make a summary of each documents and explain what challenges are confronted the people today and how the pastors can help in their matrimonial commitment for entire life? 5. Required READINGS and RESOURCES: Martin De Agar, The handbook in Canon Law, Wilson & Lafleur, 2007. ISBN: 2-89127-457-1. Price: $21.95. (=HB) www.canonlawbooks.com/gratianus.serieshtml. (Will be Text book) 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: 1-890177-44-X. List Price: $39.55 6. SUGGESTED READINGS and RESOURCES: JOHN PAUL II, Apostolic Exhortation, The Role of the Christian Family in the Modern World (Familiaris Consortio), November 2, 1981, Pauline Books & Media, Boston, 136 p. (=FC) 3
,THE CODE OF CANON LAW: A text and commentary, editor James A. CORIDEN, Thomas J. Green, Donald E. Henstschel, New York, Paulist Press, 1985, 1152 p., Codex Canonum Ecclesiarum Orientalium, Rome, Libreria Editrice Vaticana, 1990, 578 p. Cfr. Acta Apostolicae Sedis, 82-2 (1990), pp. 1061-1363. (=CCEO) The Documents of Vatican II, with notes and comments by Catholic, Protestant, and Orthodox Authorities, Walter M. ABBOTT, editor, MSGR. Joseph GALLAGHER, Translation Editor, New York, America Press - Association, 1966. (=Vat. II) CATECHISM OF THE CATHOLIC CHURCH, New York, Libreria Editrice Vaticana-Catholic Book Publishing co, 2000. (=CCCC) CONGREGATION FOR CATHOLIC EDUCATION, Directory for the Ministry and Life of Permanent Deacons, Pauline Books & Media, Boston MA, ISBN 0-8198-1152-1. pp. 19-34. (=Directory) EXEGETICAL COMMENTARY OF CANON LAW, Vol. III/2. PONTIFICIAL COUNCIL FOR THE FAMILY, The Pastoral Care of the Divorced and Remarried and Vademecum for Confessors concerning some aspects of the Morality of conjugal Life, February 12 1997, Pauline Books & Media, Boston, 1997, 34 p. (=Vademecum) FRANCIS, Amoris Laetitia: On Love in the Family, March 19, 2016, Rome, Libreria Editrice Vaticana 2016. PAUL VI, Encyclical Letter of Human Life (Humanae Vitae), July 25 1968, Pauline St. Paul Books & Media, Boston, 1968, 16 p. (=HV) J.M. HUELS, The Pastoral Companion: A Canon Law Handbook for Catholic Ministry, completely Revised, Updated and Expanded, Illinois, Franciscan Press, 1995,432 p. (=Companion) John McAreavey, The Canon Law of Marriage and the Family, Four Courts Press, Ireland, 1997, 254 p. (=Marriage and family). L. ORSY, Marriage in Canon Law: Texts and Comments, Reflections and Questions, Michael Glazier, Wilmington, Delaware, 1986, 328 p. William H. Woestman, Sacraments: Initiation, Penance, Anointing of the Sick, Commentary on Canons 840-1007, Faculty of Canon Law, Saint Paul University, Ottawa, 1996, 364 p. (=Sacraments) 4
, Simulation of Marriage Consent: Doctrine, jurisprudence, questionnaires, Faculty of Canon Law, Saint Paul University, Ottawa, 2000, 388 p. PONTIFICIAL COUNCIL FOR THE FAMILY, Preparation for the Sacrament of Marriage, May 13, 1996, (=Preparation for Marriage) http://www.vatican.va/roman_curia/pontifical_councils/family/documents/rc_pc_family_doc_13 051996_preparation-for-marriage_en.html # 1-73 7. EVALUATION (Basis of evaluation with explanation regarding the nature of the assignment and the percentage of the grade assigned to each item below). Students who have difficulty with research and composition are encouraged to pursue assistance with the Online Writing Lab (available at http://www.holyapostles.edu/owl). GRADING SCALE: A 94-100; A- 90-93; B+ 87-89; B 84-86; B- 80-83; C+ 77-79; C 74-76; C- 70-73 D 60-69; F 59 and below Graduate Rubric 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 standard bibliographic format. WRITING & EXPRESSION 5
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. 8. 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 http://www.holyapostles.edu/owl/resources). 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. Multiple Submissions Policy 6
Any work done for academic credit, in addition to its accurately representing Church teaching, should serve as a substantive demonstration of a student's having been intellectually formed by the class for which he or she is writing. To that end, students may not make multiple submissions of their academic work without first seeking permission from the course professor to whom they desire to submit their work and sharing with that course professor the original work and any comments made on it by the professor to whom it was originally submitted. In the case where the work intended for submission will be sent to two or more course professors for credit in the same semester, permission must be granted in advance by all course professors who will be receiving it. Work that is substantially the same content presented in different formats (e.g., once as an essay for one class and then as a PowerPoint for a different class) is also considered a multiple submission. Violations of this policy may lead to a faculty member s not accepting for credit the work a student has submitted. 9. ATTENDANCE POLICY It is important to actively participate each week in the classroom setting for a 3-credit course, students would be required to participate in class discussions. A failure on the student s part to actively participate in the life of the course may result in a reduction of the final grade. 10. 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. 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. 11. DISABILITIES ACCOMMODATION POLICY Holy Apostles College & Seminary is committed to the goal of achieving equal educational opportunities and full participation in higher education for persons with disabilities who qualify for admission to the College. In all cases, reasonable accommodations will be made to ensure that all students with disabilities have access to course materials in a mode in which they can receive them. 7
12. ABOUT YOUR PROFESSOR Name: Rev. Father Luis Antonio Luna-Barrera M.S.A. professed member of his community in 1985 and Ordained Priest, January 18th, 1987. Education: 1979-1981 Philosophy at Faculty of Theology Pontifical and Civil of Lima-Peru. 1983-1984. Diploma from the Pontifical Institute of Christian Archeology, Rome, Italy. 1982-1985 B.A. in Sacred Theology at Pontifical University Gregorian, Rome, Italy. 1990-1992 B.A. and M.A in Canon Law, and from 1996-1999 Doctorate in Philosophy Ius Canonicum (Ph.D.), University of Ottawa/Saint Paul University, Ottawa, Canada. Work experience: He worked in different field of education and priestly formation 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 priest and laity for the Church. Belongs to 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 canonical advisor of his Society. He is a Provincial Superior of the Missionaries of the Holy Apostles USA for the period 2014-2017. 8