Doctoral research projects
Doctoral projects:
Doctors in Canon Law:
Doctoral projects
Gidey Seyoum HALIBO
City of birth: Adrigat/Tigray (Ethiopia)
J.C.L.: Faculty of Canon Law (K.U.Leuven)
Title of doctoral thesis:
“Canon Law and Civil Law: Working Together for the Common Good”.
A Study on Managing Employment Relationship in the Catholic Church in Ethiopia.
Promotor: Prof. Rik Torfs
Contact him by e-mail.
Summary of the project: This study intends to investigate and analyse the current employment relationship management (ERM) in the Catholic Church in Ethiopia (CCIE) and aims at suggesting a possible way that would contribute to the smooth facilitation of ERM which may facilitate fair achievements of the objectives of both the employer and the employees. The analysis will start with identifying the objectives of employment relationship (OER), their importance to the achievements of the pastoral vision and mission of the Catholic Church or the salvation of souls (canon 1752 of CIC), restoration of Christian unity, integral human development (IHD) of all people, and the common good of the society. It encompasses the theological, philosophical, psychological, moral and managerial aspects of the concepts of work, employment and its management. However, it emphasises on the legal principles and their applications regarding work, employment and its management. Especially, the study will explore the when and how of the harmonized application of canon law, civil law and human rights law as regards to work, employment and its management. It will also explore the analogy and differences of canon law, civil law and human rights law concerning work, employment and its management.
Relevance: Pertaining to work, employment and its management right relationship and harmony are required for the realization of IHD and the common good of the society. The question is, what ought to be done? This is a legal question which has to be dealt with by ecclesiastical law, civil law and human rights law. We need a system that regulates behaviours and processes. We need practical measures and actions which would facilitate the effective and efficient achievement of the mission of the Church. Otherwise, “our community will be a community without rights.” (Pope Benedict XVI's Letter to Seminarians, VATICAN CITY, 18 OCT 2010). I think the relevance of the harmonized contribution of canon law, civil law and human rights law as systems and instruments to respect, protect and promote the rights of the parties involved in a working relationship and to balance the reciprocal rights and obligations, rests here.
Therefore the relevance of our study can be summarized as follows:
- This study will demonstrate the unity of purpose of canon law, civil law and human rights law working together for the common good of the society particularly regarding work and ERM.
- It will reveal the contribution of canon law for the appropriate implementation of the social teaching of the Catholic Church regarding work through effective and efficient ERM.
- It will explore the contribution of effective and efficient ERM for the achievement of salvation of souls (canon 1752 of CIC), IHD and common good of the society.
- This project will offer a theoretical framework and a practical canonical standard as one means of effective and efficient ERM, and canonization of civil law regarding work and ERM in the pastoral and social intervention of the CCIE. Specifically, the theoretical framework and the canonical standard are aimed at giving clear guidance for establishing employment relationship and its management, ensure standards applicable to all forms of contractual arrangements, effective access to dispute resolution (speedy, fair, inexpensive, etc), measures for implementation and compliance with law.
Methodology: First, we will explore the relevant law, facts and issues regarding work and ERM. Secondly, survey will be conducted to collect data from archives as well as Church, civil and governmental networks. Interviews and focus group discussions will be conducted aiming at exploring the social, psychological and managerial aspect of work and ERM. Thirdly, we will analyse and apply the law to the facts and issues. Fourthly, we will offer a conceptual framework and practical canonical standard as one means towards the effective and efficient ERM and canonization of civil law regarding work and ERM. And finally, we will communicate the outcome of the research.
Scope of the study: The issues and problems summarized in the proposal provide a framework of analysis for this dissertation. However, although one can imagine that many of these issues and problems will be touched upon in one way or another, the study needs to have its own area of focus or scope. The issues outlined above are revolving around two categories: The Church as the employer and the employees as individuals or groups. Moreover, both parties are living and operating in the same society where they may relate to each other in various other ways. However, the scope of this dissertation is limited to the so-called employment relationship and its management between the two parties, focusing on the legal aspect regulating and balancing the reciprocal rights and obligations emanating from their employment relationship. Moreover, this dissertation is specifically focused on non-religious employees (Catholics or non-Catholics) working in the Catholic Church’s organizations in the pastoral, social and development interventions and other working relationships such as housework or security work. The term “lay employee,” for purposes of this dissertation is a non-religious lay person who receives wages in consideration for performing services on behalf of the Church. It does not include ordained or vowed religious and volunteers who serve the people of God without remuneration.
Amy HEREFORD
City of birth: St. Louis, MO (USA)
J.C.L.: Faculty of Canon Law (K.U.Leuven)
Title of doctoral thesis:
The Role of Law in the Life Cycle of a Religious Institute
Promotor: Prof. Rik Torfs
Contact by e-mail.
Summary and relevance: This project will discuss the life cycle of a religious institute with particular attention to the role of law in the various stages of the institute's life. It will give attention to the interplay between law and life. On the one hand, it will explore the natural development of the institute as an organization, and as a community of faith that seeks a way of life inspired by a distinct experience of God, community and mission. On the other hand, it will explore the ways in which the community uses law to organize and formalize its own internal structure. It will also explore the ways in which an institute is influenced by external juridical structures, both ecclesiastical and civil, and the ways in which it responds to these influences.
Methodology: The project will explore the sociological literature on the nature of a religious institute and the various stages of its life-cycle. It will then turn to the theological understanding of the nature of a religious institute and the unfolding of its life, particularly as this has developed at the Second Vatican Council and in the subsequent years. Finally it will explore the place of law in the growth, change and decline of a religious institute.
My doctoral research is relevant because: There are many religious institutes that are in various stages of change, decline and reconfiguration. Jurists are often asked to assist these groups. This project will explore the experience of the place of law in the process of growth, decline and reconfiguration of an institute and propose a theoretical framework for understanding the best use of law in the organic development of a religious institute and provide practical guidelines for institutes and for canonists in assisting them.
Anthony Omenihu
City of birth: Aba (Nigeria)
J.C.L.: Faculty of Canon Law (K.U.Leuven)
Title of doctoral thesis:
The Efficiency of the Canonical Institution of the Diocesan Synod in the Catholic Church of Nigeria: A Juridical Analysis of the Promulgated Particular Post-Synodal Legislation, 1983-2008.
Promotor: Prof. em. Luc De Fleurquin.
Contact by e-mail.
Summary and relevance of project: The 1983 Code of Canon Law offers the Latin Rite Church much room for local legislation and implementation of the universal laws. Some norms require action by the diocesan bishops, while some are optional others are obligatory. The diocesan bishop is obliged by law to make determinations with regard to the administration of the sacraments, temporal goods, and the conduct of the clergy. Subsequently, he is free to make determinations, if he so wishes, or leave the situation as it is stipulated in the universal law. For instance, preaching by priests and deacons by virtue of their ordination, ecumenical participation in sacraments, and the administration of certain types of Church goods. To arrive at legislations on these issues and more, the Code proffers the diocesan synod as one of the formal ways.
This doctoral research is an attempt at finding out generally how the celebrated diocesan synods in select-dioceses/vicariates of the nine Ecclesiastical Provinces in Nigeria, and particularly how the Post-Synodal Diocesan Legislation have and can render service toward the effective and concrete manifestation of the Church in Nigeria as a whole and the select-dioceses in particular. The diocesan synod as an instrument in the service of the particular church, is the most concrete forum for the witness of Christian faith, and can be rightly grasped by tracing this institution to its very origins in the history of the church. As a juridical organ in the hands of the diocesan bishop, to regulate diocesan life and discipline, as well as to implement the dispositions of higher councils, the diocesan synod can be seen to have evolved throughout the ages. The history of the Ecumenical Councils in the church, demonstrates that diocesan synods were considered important organs of the church, that they always held important positions in the discussions of the Councils.
The history of diocesan synods gives the background of their present understanding in the 1983 Code. It is above all the Second Vatican Council that shapes the present understanding and arrangement of diocesan synod, becoming an organ of diocesan communion, synodality and consultation, and comprising of all the categories of the people of God within the particular church. It can be best placed to handle the issues of common good and help towards arriving at mature and discerned decisions on the part of those vested with the juridical power to translate such decisions into binding obligations. Most of the dioceses, which have celebrated synods since the Second Vatican Council, have used them as listening, planning, and animating events for the diocesan community. They have been occasions to unify and energize the local church for its mission.
Our study is done from a canonical point of view and with pastoral reference as the diocesan synod is a canonical provision towards a pastoral orientation of the good of the church. It is directed at examining the question of how the celebrated synods contribute to the diocesan government and structural reform of the dioceses by restating in the cultural context of the dioceses the teachings of the Second Vatican Council, the Code of Canon Law and application of the proposals through the synodal legislation. In view of the fact that our work is from a juridical perspective with pastoral application, thus we employ methods that are historic and theological, expository, literature review, derivative, comparative and critico-analytical in nature. In the historic and theological parts we explore and analyze some key notions within the realm of their historical development. On the expository character, the work involves the presentation of views and arguments of modern scholars related to our study. From the point of diocesan synod as an ecclesial institution, we attempt to develop a kind of transformation through community renewal as a case in point for moral praxis. Ultimately, our work provides a comparative and critico-analytical evaluative study. Through this method we underscore the need to adapt to the diocesan synod based on pastoral praxis for revitalizing the Church’s mission and evangelization in the Church in Nigeria in general and the dioceses in particular.
Edna UKPABI
City of birth: Acha-Isuikwuato (Nigeria)
J.C.L.: Faculty of Canon Law (K.U.Leuven)
Title of doctoral thesis:
The Role of the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life in the Life of Religious Institutes
Promotor: Prof. em. Luc De Fleurquin
Contact her by e-mail.
Summary and relevance: Religious Institutes are subjects of two ecclesiastical authorities namely: the Apostolic See and the diocesan Bishop. This research focuses more on the responsibility of the Apostolic See, precisely the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life over her subjects (religious institutes of pontifical right). However, certain matters concerning religious institutes in general are reserved to this same dicastery while others require more than the competence of the said dicastery in order to reach a decision. Most religious institutes begin as institutes of diocesan right and the bishop has closer contact with the members. If an institute is directly erected by the Apostolic See or later approved to pontifical right, it means that it has been proven to serve the needs of the universal church. Likewise, the internal authority should be able to prove its competence in governing the members up to the extended regions. As a consequence the members have lesser contact with the universal authority compared to those of the diocesan right. It becomes the responsibility of the competent internal authority to furnish the Apostolic See with information concerning her subjects once in every six years (cf. c. 592; CRSI, AAS 80 (1980) 104-107).
Methodology: A historical method is used to trace the canonical origin of religious life and the effort of the various councils in organising them. We also implore the analytical, descriptive, comparative and critical methods in the study of the concepts and juridical issues arising from religious life and institutes. However, a detail study of the specific matters subject to the Apostolic See remains the subject matter. This research is restricted to religious institutes of the Latin Rite Church.
Relevance: The religious often need a wider view on the juridical matters involving them and the Apostolic See. A clear specification of matters which require the attention of the Apostolic See should be made known to the new members including those which involve certain procedures. Likewise, clashes often arise in the local communities as a result of intrusion or neglecting the authority of the diocesan bishop where necessary (cf. c. 678 §1). This looks embarrassing simply because the religious is not well-informed about their canonical limits. This implies that religious institutes should give equal attention to theological as well as canonical formation of her members before temporary profession and all through the period of ongoing formation.
Doctors in Canon Law (J.C.D.)
Helen COSTIGANE
City of birth: Glasgow (U.K.)
J.C.L.: Faculty of Canon Law (K.U.Leuven)
Date defence: 8 September 2011 at 4 p.m. (mgr. O. Romerozaal - COVE 02.10)
Title of doctoral thesis:
Public benefit – Threat or Opportunity? An Examination of the 'Public Benefit Requirement' in Charity Law in England and Wales and whether it compromises the Church's Independence in the Organisation of its Activities with regard to the Obligations stated in Canon 1254
Promotor: Prof. Rik Torfs
Contact by e-mail.
Summary and relevance:
The Roman Catholic dioceses of England and Wales hold their assets by way of being incorporated in civil law as ‘charities’. The development of legislation since 1992 to make the activities of charities more transparent, and their trustees more accountable, has culminated in the requirement that all charities must demonstrate that they exist for ‘public benefit’. How to comply with this new legislation is one which has caused charity trustees a measure of concern.
Throughout the centuries, the Church has tried to guard her independence from the state in order to protect her resources. The question that arises in respect of this charity legislation is whether the ‘public benefit requirement’ is effectively undermining this independence. Therefore, the question which this thesis examines, is to what extent, if at all, this new requirement for charities compromises the Church’s independence in the organization of its activities in its dioceses and parishes, particularly in relation to the objectives stated in canon 1254.
The question is addressed through historical and quantitative research methods. A brief historical overview of the universal Church is relation to its temporal goods is followed by a consideration of the canons directly relating to temporal goods in Book V of the 1983 Code of Canon Law. The particular history of the Roman Catholic Church in England and Wales gives a background to the financial position of the Church as it exists in those countries today. After a discussion and comparison on the meaning of ‘charity’ from theological and legal perspectives, which demonstrates that trustees now face the challenge both of (i) demonstrating public benefit, and (ii) reporting public benefit, the study then looks at how diocesan charities are responding to the challenge.
Having identified that there is a gap in the reporting of ‘public benefit’ in terms of content, comprehensiveness and quality, compared to the example reports published by the Charity Commission, the study then considers possible reasons as to why this might be the case. As most reports indicate a failure to fully engage with the reporting requirements, it raises the question as to whether diocesan trustees have fully understood the legislation, are committed to responding to it, or are ignoring it in the hope that it will go away.
What emerges is that, firstly, there is a question of whether the Church is speaking the same language as the government, the Charity Commission, or society at large. Secondly, there is an issue that definitions and boundaries between ‘religious’ and ‘faith-based’ organisations are not readily understood by politicians, nor indeed by those from the same Christian tradition. Thirdly, there is the issue of ‘belief’ itself, and how what are considered to be central tenets of Catholic moral teaching are to be upheld when challenged in terms of being ‘divisive’ and ‘exclusive’. Overall, this study identifies a key concern as to whether the civil instruments aimed at protecting the Church’s patrimony now pose a threat to its very nature and mission because of legislative demands.
Martin MWONGYERA
City of birth: Kibingo (Uganda)
J.C.L.: Faculty of Canon Law (K.U.Leuven)
Title of doctoral thesis:
Dispute Resolution in the Church. A Comparative Study of Arbitration in Secular and Canon Law
Promotor: Prof. Rik Torfs
Contact him by e-mail.
Summary and relevance:
This is study of dispute resolution in the church with a special focus on a comparative study of arbitration sets off in the first chapter by delving into the meaning, history and practice of arbitration in various traditions: Semitic, Greek, Roman Asian and African societies. The chapter highlights the successes or benefits and limitations of arbitration particularly in business law in comparison with other methods of resolving disputes. It makes a critical overview of other forms of dispute resolution mechanisms like negotiation, mediation, conciliation and others vis-à-vis arbitration. This chapter lays a general foundation of dispute resolution and how secular methods of resolving disputes not only influenced their use in the church but also how they can be a source insights to enrich present practice of resolving disputes in the church.
The second chapter focuses on the evolution of dispute resolution mechanisms in the church with special attention to arbitration; beginning with the New Testament, it takes us through the Christian antiquity, medieval canon law, and the classical period up to the legislation of the Corpus iuri canonici of 1917. This chapter gives a synopsis of the development of dispute resolution that goes back and forth, the competing methods of resolving disputes in the long and winding history of the church which ended with judicial procedure or litigation being the apparent winner, a situation that still prevails up to date. Nevertheless, though bruised, arbitration survived the contest as its story is told by no more than ten canons in the 1917 legislation. This chapter sets the historical foundation for the study of arbitration in the current law of the church.
The third chapter is a critical analysis of the arbitration and other ways of avoiding a judicial contentious trial in the church according to the 1983 code of canon law. Though the canons that regulate this mechanism are apparently less than those in the previous legislation (1917 code of canon law), the legislator gives a wider opening for the disputing parties, Episcopal conferences, and local churches; to provide legislation to regulate this mechanism. The chapter sheds light on how arbitration and other alternative methods can be used as ways in which Christians can seek redress for the actions and omissions of the church officials while at the same time promoting reconciliation. We come to the end of the study by looking at future possibilities and strategies in the development of dispute resolution in the church by suggesting means and ways of not only resolving disputes in amicable way but also how disputes and conflicts can be prevented or pre-empted in the first place from escalating into fully fledged disputes.
Christian Okwuru
City of birth: Isuikwuato (Nigeria)
J.C.L.: Faculty of Canon Law (K.U.Leuven)
Title of doctoral thesis:
The Responsibilities and Significance of the Congregatio pro Clericis in the Life and Ministry of the Diocesan Clergy.
Promotor: Prof. em. Luc De Fleurquin.
Date of defence: 24 October 2011 - 4 p.m. - Maria Theresia College 02.10 (Sint-Michielsstraat 6 - Leuven)
Contact by e-mail.
Summary of project: Occassioned by some fundamental obstacles impeding the efficiency of the Holy See, the Congregation for the Clergy was established among other Roman dicasteries to assist in the administration and governance of the Church. Unfortunately ever since its institution, the dicastery unlike its related counterparts has lacked a complete study. Based on this fact, this work starts with a careful enquiry into the origin of this Roman Dicastery and its relevance in the mission of the Church. Thus, presenting us with the early organs of governance and the complexities involved in the administration of the Holy See.
Dedicated to the study and understanding of the apostolic consitution Pastor Bonus of John Paul II (arts. 93-98), it will address those pertinent matters charged to its province concerning the clerical state. Besides investigating into how the Congregation fosters initiatives regarding the ongoing formation and sanctification of priests in the exercise of their pastoral ministry, the study will carry out an inquiry into the problem of priests’ inadequate remuneration and their social security under a contextual perspective. We shall employ the Magisterial teaching on the just wage for the worker to address the issue since the right of the priest to the necessities of life should be seen as the same necessities often spoken of in the Church’s social teaching on labour over the preceding decades by great social encyclicals like Rerum Novarum of Leo XIII and Quadragesimo Anno of Pius XI. It will go further to present a deep reflection of clerical rights and obligations covering Canons 273-289 of the Codex Iuris Canonici; thus, revealing the Church’s consciousness on the significance of rights and the demands of inherent obligations. This more or less theoretical evaluation will be complemented with those things forbidden to clerics by the Code as well as the ways through which the clerical state may be lost.
Finally, owing to the persistent shortage of priests in the world today especially in those countries with a long Christian tradition, the study will investigate into the problem of the dearth of priests; examine its root causes and then offer some suggestions which if given adequate attention will help the Church come out of her endemic situation. This inquiry will dwell on the Congregation’s task of seeing to the better distribution of the clergy in world.
The approach to this study is fundamentally historical. Therefore, in order to achieve the desired goal, it will be necessary to pursue the method dictated by the nature of this work, that is, a historico-analytical, expository and juridical method.
William RICHARDSON
City of birth: Dublin (EIRE)
J.C.L.: Faculty of Canon Law (Saint Paul University - Ottawa - Canada)
Title of doctoral thesis:
The Presumption of Innocence in Canonical Trials of Clerics Accused of Child Sexual Abuse: an historical analysis of the current law.
Date of defence: November, 4 (5 p.m.), 2010 (room MTC 02.10).
Promotor: Prof. Rik Torfs
Contact by e-mail.
Summary of the project:
CIC/83, canon 1342 states that perpetual penalties cannot be imposed except by means of judicial procedure. CIC/83, canon 1400 states that the object of a canonical judicial trial is threefold – to vindicate the rights of persons, to declare judicial facts or to impose or declare penalties in regard to offences. On this foundation one would presume that a cleric accused of the crime of child sexual abuse is entitled to be tried in a canonical court in order to establish the facts of the allegation and to impose any penalties, up to and including dismissal from the clerical state, if he is found guilty. This was the author’s presumption until challenged to answer to a direct question from an accused cleric, “Do I have the right to a trial if I am accused? Am I not presumed innocent until proven guilty?” This dissertation is the fruit of the attempt to answer this question.
Methodology:
An historical methodology has been employed to seek the origins of the legal presumption of innocence and the requirements of a fair trial in order to understand the current law and its application. This historical analysis is no mere chronology of legislation. Two dominant paradigms have shaped this project – the pure inquisitorial procedure and the mixed public accusatorial procedure. The former procedure is best explained by examining the legislation on the crime of solicitation which was well developed before the 1917 Code. The latter procedure only became universal and mandatory with the promulgation of the 1917 Code. The disparity between these two procedures came into sharp focus with the promulgation of Crimen sollicitationis in 1922. Since this pattern emerged, the choice was made to examine only the procedures for the crime of solicitation before the 1917 Code. A more general consideration of procedures for crimes of clerical child sexual abuse before 1917 was not undertaken. From the 1917 Code onwards the various procedures employed to prosecute clerics accused of the sexual abuse of minors are examined in detail up to and including the latest laws promulgated in May 2010.
Relevance:
From North America, Ireland, and Britain in the 1990’s to Belgium, the Netherlands, Germany and beyond in 2010, the question of the sexual abuse of minors by clerics has preoccupied Church and state authorities. How the Church deals with these accusations is and will continue to be a topic of major interest for the foreseeable future.
