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Ladislas M. Orsy - From vision to legislation: from the council to a code of laws

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title From Vision to Legislation From the Council to a Code of Laws Pere - photo 1

title:From Vision to Legislation : From the Council to a Code of Laws Pere Marquette Lecture in Theology ; 1985
author:Orsy, Ladislas M.
publisher:Marquette University Press
isbn10 | asin:0874625408
print isbn13:9780874625400
ebook isbn13:9780585141534
language:English
subjectCanon law.
publication date:1985
lcc:BV761O76 1985eb
ddc:262.9/4
subject:Canon law.
Page iii
The 1985 Pre Marquette Theology Lecture
From Vision to Legislation: From the Council to a Code of Laws
by Ladislas M. Orsy, S.J.
Professor of Canon Law Catholic University of America Washington, D.C.
Marquette University Press
Milwaukee, Wisconsin 53233
Page iv
Library of Congress Catalogue Card Number: 85-060746
Copyright 1985 Marquette University Press
ISBN 0-87462-540-8
Page v
Preface
The 1985 Pre Marquette Lecture is the sixteenth in a series inaugurated to celebrate the Tercentenary of the missions and explorations of Pre Marquette, S.J. (1637-1675). The Marquette University Theology Department, founded in 1952, launched these annual lectures by distinguished theologians under the title of the Pre Marquette Lectures in 1969.
The 1985 lecture was delivered at Marquette University April 14, 1985 by Fr. Ladislas M. Orsy, S.J., professor of Canon Law, at Catholic University of America, Washington, D.C.
Fr. Orsy received his degree in Canon Law, D.C.L. from the Pontifical Gregorian University, Rome, Italy. He also holds a degree in philosophy from the same university. He has received an M.A. degree in Civil Law from the University of Oxford, England. He received a Licentiate in Sacred Theology from the Jesuit College of the University of Louvain, Louvain, Belgium. He has published the following books: Open to the Spirit, Lord
Page vi
of Confusion, Probing the Spirit, Blessed Are Those Who Have Questions, and The Evolving Church and the Sacrament of Penance.
He has published around two hundred articles in journals such as Theological Studies, Gregorianum, Nouvelle Rvue Theologique, The Jurist, and America among others. He has lectured in the United States, and in many other countries.
During Vatican Council II he was living and working in Rome. Many of his observations concerning the Council come from his personal experience during that time. During the period in which the new Code of Canon Law was being discussed and written Fr. Orsy was very active in its preparation. His Pre Marquette Lecture flows from both of these personal periods of experience and further reflection.
Fr. Orsy is presently working on a manuscript involving a "Theological Evaluation of the Code." He is a member of the Catholic Theological Society of America, the Canon Law Society of America, the Societ Internationale de Droit Religieux, and the International Association for the Study of Canon Law, Rome, Italy, among others.
Page 1
From Vision to Legislation: From the Council to a Code of Laws
Introduction
Nearly seven years after Pope John surprised the world by announcing an ecumenical council, and four years after its convocation, Vatican Council II was brought to its conclusion on the Feast of the Immaculate Conception, December 8, 1965. The following days the bishops and experts departed. The immense halls of St. Peter's basilica fell silent; they echoed no more debates. All work and excitement had come to an end. But the end was also a beginning.
The evangelical parable comes into mind: the mustard seed had been sown; now it had to grow into the greatest of shrubs and become a tree so that people could come and rest in its shade (cf. Mk. 4:30-32). The Council was the sower, its doctrine the seed. It had to take roots in the minds and the hearts of
Page 2
the faithful, and then grow and expand for the benefit of the whole world. As the bishops representing the entire church had gone through a deep transformation, now the rest of the church had to follow. What had happened on a small scale in Rome had to happen the world over.
But what exactly was the achievement of the Council, why is its teaching so important? Why is its impact, after twenty years, rather increasing than decreasing, just as strong trees keep growing for a long time?
The answer is in the fact that over the four years the bishops spent in reflecting on Christian beliefs and practices, they made new discoveries not in the sense of encountering new revelations, but in the sense of gaining new insights into old traditions. In achieving that, they were not alone. Apart from the gentle and invisible assistance of the Holy Spirit, they had also the best experts from all over the world to advise them. In the process, their horizons expanded beyond expectations; by reflecting on the old, they came to understand it anew. They achieved a new vision of the ancient tradition.
In our human world, however, a vision
Page 3
that does not lead to action remains sterile and is bound to fade away. The new insights demanded new structures to support a new way of life. To use another evangelical parable: new skins were needed for the new wine.
Pope John XXIII realized that much. On the very day when he announced his project to call an ecumenical council, he indicated also that he intended to bring up to date the laws of the church. This meant the revision of the Code of Canon Law which was introduced in 1917, as the first comprehensive Code of laws in the history of the church, and which governed its operations since 1918 when it was given definitive binding force. It has taken some seventeen years after the closing of the Council to complete the work. The new Code was promulgated on January 25, 1983, and entered into effect on November 27 the same year.
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