Abstract Not Available.

Religious profession, by which certain Catholics publicly profess the three vows of poverty, chastity and obedience according to ecclesial law, is a juridic act. Consequently, professed members assume certain obligations and rights in the Church. The serious nature of the obligations of religious profession, obliges superiors of religious institutes to be vigilant in admitting into their institutes only those candidates who meet certain requirements. Canon 642 specifies some of these requirements. These are, the required age, health, suitable disposition and sufficient maturity to embrace the proper life of an institute. While it recommends the use of experts in determining the presence of these qualities, if necessary, the canon, also cautions superiors to respect individual privacy (c. 220) in the process. Apart from age which is easy to ascertain, each of the other listed requirements is so abstract, broad and difficult to define that the deliberate choice was made to simply focus our study on "sufficient maturity." The thesis attempts to define religious life and maturity and also explores methods of assessing the maturity required for admission in the novitiate of an institute. Even then, although maturity is mentioned several times in the Code, it is nowhere defined in clear terms seemingly because the law lacks the language and the tools to elaborate on its complex nature. As a result, an analytical inter-dialogue between theology, spirituality, canon law and psychology is used to bridge the gap between the legal requirements and the psychological concepts. The first chapter of the thesis presents a brief description of the essential elements of religious life, based on magisterial documents since the Second Vatican Council. It also defines personal maturity in its several aspects primarily from a psychological point of view. In order to reveal the relationship between the obligations of religious life and the personal maturity that is required for the life in its ideal state, chapter two examines in detail the role maturity plays in living out the three vows, common life and prayer life. In chapter three, the thesis analyses the methods currently used to assess the maturity of candidates admitted into religious life. The two main methods of psychological assessment identified in this study are psychological testing and behavioural assessment. Necessary measures to guard against unlawful violation of individual privacy of candidates during assessment are also discussed. The content of chapter four is centred on the applicability or suitability of the conclusions of our study to religious life in Zimbabwe.

Abstract Not Available.

Cette these entend degager l'evolution de la problematique des relations entre eveques diocesains et instituts religieux clericaux de droit pontifical dans les documents romains depuis Vatican II jusqu'au Synode des eveques sur la vie consacree, et voir quelles conclusions en tirer d'un point de vue canonique. Le premier chapitre examine d'abord le traitement de cette problematique dans les documents du Concile Vatican II. Sont particulierement etudies la constitution Lumen gentium et les decrets Christus Dominus, Perfectae caritatis et Ad gentes. Ce meme chapitre retrace ensuite l'evolution de cette question dans les documents romains post-conciliaires anterieurs au Code de droit canonique de 1983. Sont notamment etudies le motu proprio Ecclesiae sanctae et les directives Mutuae relationes. Le second chapitre examine d'abord le traitement de la problematique des relations entre eveques et instituts par le Code de droit canonique de 1983. La seconde partie de ce chapitre examine differents documents posterieurs au Code de 1983, dont le Code des canons des Eglises orientales. Le troisieme chapitre est consacre a l'analyse des etapes du processus synodal, des Lineamenta a l'exhortation apostolique post-synodale Vita consecrata. Le quatrieme chapitre degage d'abord les principaux enseignements a retirer du Synode: la necessite d'approfondir le climat de collaboration entre eveques et instituts; l'importance d'etre attentif a la sauvegarde de la specificite des instituts, dans le cadre de leur insertion dans l'Eglise particuliere; le caractere regional d'un certain nombre de problemes souleves au Synode. Ce meme chapitre propose ensuite differentes mesures pour traduire en termes canoniques les orientations synodales.

Any society, and the Church is no exception, needs an appropriate instrument for the resolution of disputes and authoritative declarations of facts concerning matters which are juridically doubtful. This has been accomplished over time by the use of various methods such as arbitration, mediation and court procedures in tribunals. In the course of the evolution of our present procedures, there arose a new understanding of the office and the role of the judge who was called to preside over particular cases. What is the role or function of this president in trials and in matrimonial trials in particular? What are the responsibilities of the presiding judge? What qualities and qualifications are necessary to be appointed as a judge and as a presiding judge? Who can be a presiding judge? How is this ministry changing and evolving even now? These questions formed the basis of investigation for this dissertation. Previous studies had examined tribunals, procedural law and the various responsibilities of judges, but nothing specific was done on the presiding judge who is perceived as representing in a visible manner the judicial role and ministry of the Church. Since the focus of the work was the presiding judge, several significant and related topics were not dealt with, such as: the substantive law concerning marriage, its indissolubility or sacramentality; the jurisprudence used in marriage trials, its development and evolution. However, although mention was made in passing of some non-formal procedures for dealing with questions of nullity and dissolution of marriage, the function of the presiding judge in such cases was not explored. Chapter I examined the development of the concept of presidency in the resolution of conflict within the Church. Chapter II examined the role and responsibilities of the presiding judge. Some of these are shared with all judges, while others are unique to the praeses. Chapter III examined the qualities and qualifications required of presiding judges. An examination of the changes that occur when the function of praeses is fulfilled by bishops, judicial vicars, other clerics and even the laity was explored. Chapter IV presented an evaluation of the present procedural law which binds judges, especially the presiding judge, in marriage nullity cases. The ministry of the presiding judge is one of trust, since he is the person these injured, angry and often times misinformed persons must trust to guide them through yet another painful experience.

The right of association is a natural right founded on the social nature of human beings. As a natural right it is inherited by every person, and therefore, it is to be preserved, protected and promoted by all people, by every government and legal system. As members of the human society, the secular priests enjoy this right and the Church has formally recognized it in its legislation. Thus the 1983 Code of Canon Law contains several norms governing the establishment, scope, limitations, and different aspects of the association of secular priests. Canon 278 of the 1983 Code presents principles related to this association in light of the nature and dignity of priesthood. The canon promotes the associations which foster holiness of secular priests, provide fraternal assistance in their priestly ministry, and promote unity among themselves and their bishop. All these principles imply that the right of association of secular priests is always exercised within the context of ecclesial communio. The limitations set forth in the Code are not solely to defend the right of association, but also to safeguard the dignity of priesthood and the rights of others in the Church. Rights in the Church are essentially ecclesial by their very nature. Therefore, competent ecclesiastical authority has the right and responsibility to respect this right, to recognize the statutes of the association, to see that secular priests refrain from establishing or joining associations which are not compatible with priestly dignity, and to oversee their wellbeing with a fraternal spirit and pastoral solicitude. In brief, the statutes of these associations should take into account the freedom of secular priests, the nature and mission of the Church as communio and missio, the common good of the Church, the dignity of clerical state, and the competence of the Church's authority.

The implementation and application of the universal law by the Canadian Conference of Catholic Bishops and particular churches will have a profound effect upon the quality of life for Roman priests in active ministry and priests in retirement in Canada. The obligation of the churches to provide decent support and residence is clear. However, what is the situation of a priest facing retirement today? Chapter One provides the theological foundations and treats some of the canonical issues. Church documents, which provide the Church's teaching in the matter of social justice, establish the theological foundations of decent support and residence. The Christian virtue of justice applies in a context of commutative and distributive justice. Sacramental orders occasions participation in the official ministry of the Church, a share in the mission of the Church and the diocesan bishop, and integration into the sacerdotal college. The worker is worthy of his pay but support is also due should a priest be incapable of ministering. Chapter Two examines Christus Dominus, Ecclesiae sanctae, 1, and its expression in canon 538, S 3. The bishops' conference and diocesan bishops are to provide appropriate support to parish priests who retire. Bishops are to establish norms in this regard. Chapter Three considers some of the financial elements involved in providing support and residence to retired or incapacitated clergy with particular focus on canon 1274. Chapter Four considers the application of universal law to norms established by the Canadian Conference of Catholic Bishops and other selected conferences. The author notes important differences and provides a critique. Chapter Five examines briefly two Canadian diocesan pension plans and the concrete effect on Father Anypriest. (Abstract shortened by UMI.)

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