Doktorarbeit / Dissertation, 2002
191 Seiten, Note: cum laude
Introduction
Chapter One
I. Definitions
II. Participants in Education
III. Mission and Preaching and their impacts on education
Chapter Two
I. Historical roots of education
II. The demanding role of the diocesan bishops in education
III. The border line and the norm since Vaticanum
IV. Conciliar work and codification
Chapter Three
The essence of the Christian marriage
I. The ideal marriage
II. Parental status in divorce, cohabitation and re-marriage
Chapter Four
The duties of parents according to the present law
Chapter Five
The rights of the Church in education, civil attitudes
Chapter Six
Obstacles to fulfilling the parental duties
I.A. Impediments and obstacles in canon law
I.B. Special impediments
Introduction to the term obstacles
I. Environmental Obstacles
II. Juridical Obstacles
III. Obstacles of capability
Summary
The primary objective of this doctoral essay is to analyze the significant obstacles that hinder Christian believers from fulfilling their parental duties in the field of Catholic education. The research explores the historical, canonical, and civil legal frameworks to understand how these obstacles arise, particularly regarding parents, the Church, and state neutrality. The research aims to move beyond identifying these difficulties and toward proposing practical, pastoral, and canonical solutions to support parents in their primary responsibility of educating their children in the faith.
The demanding role of the diocesan bishop in teaching
The special responsibility of the Church’s pastors distinguishes their role and ministry from that of other members of the church. But it does not mean they are apart, rather does it reinforce the truth that they are bound to be found amongst people, if they are to charge their office effectively. It is not only teaching people, but live the Christian life. For faith is something which could be taught, but it is also lived. Thus the faith is not deposited with the pastors exclusively. It is deposited by all Christian faithful.
The Second Vatican Council had recognized this demanding role of diocesan bishops. Therefore, it places munus docendi before munus santificandi. However, the way of carrying this teaching process out is not specified. There must be many clues found in order to organize teaching and catechism within a diocese.
Canons 773-780 clarifies the duties of pastors in catechesis. Although these canons seem to be speaking only about catechism, as we have already explained it, catechism, education, and teaching could not be strongly isolated from each other, hence catechism must be viewed as the part of education. Thus, these canons – though only talking about catechism strictly – are bound to aim at education as well.
Canon 773 denotes the general duty of pastors to teach. Moreover, built upon this canon, the next one notes the duty of every Christian faithful, everyone in accordance with his/her capability. In this canon, in the second paragraph, the urgent duty of Christian parents is mentioned. Notably, the word mentioned here is not catechism, but education. The purpose of inserting this paragraph could be seemed in many aspects. It is obvious, however, that this change was made wittingly.
Introduction: Outlines the scope of the essay, focusing on the obstacles to the fulfillment of parental duties in Catholic education and introducing the legal and historical framework used for the analysis.
Chapter One: Defines the core terms, specifically education, teaching, and catechesis, and establishes the participants involved in the educational process.
Chapter Two: Analyzes the historical roots of education, emphasizing the shift in legislation before and after the Second Vatican Council and the role of diocesan bishops.
Chapter Three: Explores the essence of Christian marriage as a foundation for education, addressing the challenges posed by divorce, cohabitation, and re-marriage.
Chapter Four: Discusses the specific rights and duties of parents according to current Canon Law, reinforcing their primary responsibility in the religious upbringing of children.
Chapter Five: Examines the rights and role of the Catholic Church in education, including the institutional requirements for Catholic schools and universities.
Chapter Six: Identifies and classifies the primary obstacles to parental duties into environmental, juridical, and capability-related categories, while attempting to provide practical, pastoral perspectives on these issues.
Canon Law, Catholic Education, Parental Duties, Second Vatican Council, Catechesis, Marriage, Divorce, Diocesan Bishop, Religious Education, State Neutrality, Church Legislation, Sacramental Marriage, Religious Teachers, Codification, Parental Rights.
The essay explores the obstacles that prevent Christian parents from adequately fulfilling their duty to provide a Catholic education for their children, considering both canonical and civil legal challenges.
The core themes include the definition of educational roles within the Church, the historical evolution of canonical legislation, the impact of marriage and divorce on parental duties, and the challenges of balancing religious education with secular state institutions.
The goal is to highlight specific legal and practical barriers to Catholic education and to offer perspectives on how these challenges can be navigated by pastors, parents, and religious educators.
The author utilizes a canonical and legal analysis, comparing historical church documents with the current Code of Canon Law and investigating cross-national civil legislation to provide a comprehensive legal context.
The main body focuses on the parents as the first and primary educators, detailing their responsibilities under canon law and exploring the complexities that arise in "cleft" (broken) families or in environments where Catholic schools are scarce.
Key terms include Canon Law, parental duties, Catholic education, Second Vatican Council, religious freedom, and state neutrality.
The author distinguishes "obstacles" from "impediments." While impediments refer to canonical barriers to a valid sacrament, obstacles are practical environments, legal gaps (lacuna legis), or social conditions that make the fulfillments of parental education duties significantly more difficult.
The author highlights the bishop's critical role as a teacher and coordinator of the educational mission within the diocese, while acknowledging the practical challenges that emerge when administrative duties and the mandate to teach are exercised by local ordinates.
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