American National College of Religious Arts

Pázmány Péter Catholic University

Doctoral Essay

Obstacles to Fulfilling the Parental Duties in
the Field of Catholic Education

Written by:

Tutor:

Talabér János

Andrell Bernald PhD habil.

Lic.iur.can

MA in English

Thesis Advisor:

Peter

Stockmann

PhD

Szabó Péter PhD

Schanda Balázs PhD

Research help from

:

Helmuth Pree PhD habil.

Budapest-San Diego, 2002.

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2

Introduction 3

Chapter One 16

I. Definitions 16

II. Participants in education process 20

III. Mission and preaching and their impacts on education 30

Chapter Two 34

I. Historical roots of education 34

II. The demanding role of the diocesan bishop in teaching 41

III. The border line and the norms since Vaticanum 52

IV. The conciliar work and the codification 55

Chapter Three 65

I. The ideal marriage according to the Code 65

II. Parental status in divorce, cohabitation and re-marriage 76

Chapter Four 103

The rights and duties of parents according to the present law 103

Chapter Five 112

The rights of the Catholic Church in the field of education 112

ACADEMIC EDUCATION 140

Chapter Six 146

Obstacles to fulfilling the parental duties in the field of catholic education 146

I.A Impediments and obstacles 148

I.B. Special impediments by the Code 154

Environmental obstacles 158

Juridical obstacles 168

Obstacles of capability 186

Összegzés 193

Appendix 197

Religious school attendance 197

Sources 198

Hungarian Laws and Acts 199

Foreign Laws and Acts 199

Bibliography 201

Acknowledgements 209

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3

Introduction

Many would consider

Codex Iuris Canonici

to be the best choice of

triggering out a new, acceptable, modern legislation in the Catholic Church1, the

origin source of maintaining the unique spells of Christ, of which faithful had to

be given an up-to-date book of church disciplinae. However, in many fields the

duties and rights are somehow violated, even do obstacles lie in front of them.

The intent purpose of this essay, therefore, is to deal with obstacles lying before

the acceptable fulfillment of duties of the christian believers in the field of

catholic education. When our dealing with the topic of catholic education,

canons 793-821 are put into view. We would not, however, state that all duties

are violated, and that the purpose of the editors of the code has not reached its

aims. Our wish is to highlight those fields in the civil legislations where,

practically proved, there are some significant obstacles preventing the faithful

from giving the most proper education to their offspring. Thus, we cannot apart

from drawing the historical as well as legal backgrounds to make out obvious

and provable evidences.

The first chapter

intends to clarify the features of the terms education and

teaching. It concentrates on the church model rooted far back in the history,

though the Second Vatican Council is detected as the real border line in

1BAUM, G.,

Compassion and Solidarity

, Montréal 1988, 11.

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4

legislation. This chapter also comes out to highlight the essence of bringing up

children, and to define the parental status and duties. These

obligations are viewed in two main territories such as canon law and civil law.

We could have decided to put only the Hungarian situation in focus. However,

the basic aim of our doctorial essay is to show a wider aspect either on

canonical law and civil acts. This has made us deal with the following foreign

acts:

Hungarian Family Act

,

Deutsche Familie Rechts

,

Family Act

(England),

and other overseas Family Acts. Though it is absolutely impossible to draw up

the palette of all acts, we have chosen the best and the most acceptable way to

provide a very good view on civil legislations.

As having practice in teaching at schools, we have to very early define the

active (sometimes passive) participants in the teaching procedure. Hence, the

next part is devoted to handling the inevitable significant participants in catholic

education, naming all people from parents to other lateral people who somehow

are engaged with the facts. The evidence of mentioning these people is very

simple: throughout a child′s being brought up, he meats a lot of people, he has a

lot of confrontations and he obviously acquires knowledge that might be

significant in his would-be life. 2

2 JUHÁSZ, J. ­ SZKE, I. ­ O.NAGY, G. ­ KOVALOVSZKI, M.(eds.),

Magyar Értelmezõ
Kéziszótár

, Budapest 1972, 1000.

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5

Still under the title of this present chapter, it is very important to mention

the form of mission and preaching prescribed by canonical law, even though the

main target of this essay is not centered around these two

munus.3 However, it is absolutely important to define them in order that we

could avoid any misunderstandings later on.

When our talking about law, it could not be sufficient to talk just about the

present situation in legislation, but to highlight those very significant historical

stages which, without any doubts, led to the present situation, as either

confirming the contemporary juridical procedures or abrogating them in the

name of forming it more perfect. To make out the perfect view of history is not

an easy task. However, it is already agreed that the Second Vatican Council is

the most perfect event that could serve us as a dividing border. This is because,

the modern legislation dates from the decisions and documents of the Council.

Some experts, however, would sate that the modern legislation dates far back in

the history. 4

Before getting on analyzing the impacts of the Council, this chapter is also

devoted to noting some other urgent facts. First, the effects of Reformation is

3

GREEN,

T.,

The Church′s Teaching Mission: Some Aspects of the Normative Role of

Episcopal Conferences

, in Studia Canonica 27 (1993) 23.

4

BAUM, G.,18. The church has always played a very important role in the civil

procedures. Even was it of the main importance in the middle ages. Since its total autonomy,

the church could not have been divided from the civil authorities. This inevitably led to the

emerge of church law, which obviously roots back in the middle times. As a conclusion then,

the church had to reserve some laws from the former times.

It seems true, however, the evidence of the Vaticanum is unquestionable.

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6

worth mentioning. Did it serve as a destructive phenomenon or it was a good

launch for the catholic church to change its attitudes and

ascend? Experts are still puzzled about it. For all this, the push that it provided

was very successful. Second, the demanding role of the diocesan bishops is

significant to comment. 5

Finally this chapter would also like to deal with the term catechesis. It is not

only the most preferable term to use in teaching procedure, but it also expresses

the church prior mission to spread the spells of God all around the world. It

forms, without any doubts, the basis of our essay, though the principal aim

stretches over this term. For it would not be accurate to narrow the process of

teaching and educating offspring into the frame of catechesis.6

The second chapter

is of targeting to find historical evidences in legal

procedure, mainly centered around two basic views: situation before and after

the Second Vatican Council, and the root of the parental promise when a new-

born baby is baptized. Although the parental promise is discussed in another

5

BEAL,

J.P.,

Where′s the Body? Where′s the Blood? The Teaching Authority of

Diocesan Bishop and the Right of Catholic School Teachers

, in

Canon Law Society of
America Proceedings

57 (1995) 92. Notably the diocesan bishops were former rather

executors than shepherds of the flock of God. This view, however, started to change in the

1900s, but reached its goal only after the new Code. Some are still searching for evidences to

find out which way was more beneficial. In addition, many would think that keeping up

discipline is the most urgent activity in a diocese. On the contrary, the new Code places

teaching activity (munus docendi) in the first place, rehearsing that the first step towards

christian faithful is via spells and education.

6

GRÜNBERG,

W.,

Katechismus II

, in MÜLLER,G.(Hrsg.),

Theologische

Realenzyklopädie

(Band 17), Berlin 1990, 730.

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7

chapter of the Code, it is absolutely essential to mention its impacts on duties.

Moreover, being the possessors of parental duties stems form this

moment. Even then the Code clarifies that the duties date back to the times when

the would-be mother is before delivering the child. 7

Parallel to the rise of the demanding role of diocesan bishops, this time was

absolutely abundant to mention the appearance of the professional staff. Hereby,

honestly we are to note the layman religion teachers and the rise of academic

studies. This rise, however, is rooted in the middle ages and went on until the

end of the 19th century, when at many European universities the religious tests

were suddenly removed from the university exams. Thus, this is the turning

point from which the separation theory8 launched its overwhelming crusade.

The third chapter

is devoted to forming one of the core parts in our

argumentative essay. This would like to describe the christian education as it is

prescribed in the Codex Iuris Canonici, and would arrange it by a special

structure. First step in the process, as we suppose this could be named like that,

is concentrating on the sacred catholic marriage. The marriage, which is a

contract between the spouses triggered out by the mutual consensus and is - per

naturalem - aimed at the joy of the spouses, and the generation and education of

7

c. 867 § 1

8

This theory was first made out in Great Britain by issuing Education Act in 1871. The

basis of this theory is bound to separate the church and the state, rehearsing that the church

and the state must work separately. This theory, later, was adopted by many countries, and as

a result, today apart from some sporadic examples all the democratic countries in the world

accepted it in some way.

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children,9 is observed from other aspects. First, we try to take a look at the

`normal′ christian marriages, which, without any doubts, are according to the

Code. In addition, we aim to point out its impacts, and the way of giving the

most perfect education to the children. For all this, we are to deal with the

problematic cases in order to carry out all our targets. Hence, our attention is

going to turn onto the parental duties in separation10, parental duties after a civil

divorce11, parental duties after an official declaration of the nullity of marriage12

and finally to the parental duties in a cohabitation.13

Afterwards, we are supposed to draw up the consequences of the parental

promise when the children are baptized. This is, certainly, the core part and basis

9

c.

1055:

"

Matrimonale foedus , quo vir et mulier inter se totius vitae constituunt,

indole sua naturali ad honum coniugum atque ad prolis generationem et educationem
ordinatum

..."

10

If the connection between the spouses went so wrong that the partners could not stay

together any more, the code justifies the evidence of an official separation, though the bond is

still valid. What inevitably arises here that how could be the parental duties fulfilled in this

situation. The promise they had made before God with consensus is how to be carried out, and

in what extent is the responsibility shared between the parents? Who cares about the christian

education?

11

Although according to the theology and the spell of Lord Jesus there is not divorce

existed in christian theory, we have to face this situation very often in our everyday practice.

Hereby then we would like to point out some important cues to handle this anomaly.

12

Still today there are a lot of marriage nullity cases, and plenty of marriages are

declared null. In this situation obviously does the question arise: which spouse will be

responsible for the education of the children later on?

13

The code defines the notorious cohabitation. Our remark here would be just to clarify

whether the partner shares any responsibility or not. It is clear, however, that the Code does

not take the partner into account as an active participant, for the family itself exists only in the

frame of a legal marriage.

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of the possibility for a well-balanced education, where stemming from a serious

will of both parents and both godparents, the promise could make up a whole

structure in educating and bringing up children.

The forth chapter

will launch to view the rights and duties of christian

parents prescribed by the Code. This intends, moreover, to highlight how the

Second Vatican Council set the base for a new understanding of the rights and

responsibilities of parents regarding the Catholic education.14 This enhances all

the possibilities that the Church of Christ could offer, even though we cannot

apart from comparing the legislation in the Code 1917 and the encyclical letter,

Divini illius Magistri

by Pope Pius XI. The canons here observed are 796-806,

drawing up a sequenced structure of parental rights and duties.

The fifth chapter

is aimed at showing the rights and duties of the Catholic

Church in general, the way as they are put in words in the Code. The Church,

forming a unique right to educate people, lawfully claims both church- and civil

Administration to produce an adequate frame for the proper education. This,

however, was viewed differently in the former law.

14

MORRISEY,

F.G.,

The Rights of Parents in the Education of their Children

, in

Studia Canonica

23 (1989) 430.

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The new Code has pointed at a liberal view15 in this field, though the

liberalism here does not meet the liberalism as a form of political agenda.

Therefore, here we mean that the new law gives more alternatives to the

parents, and it is also providing wider aspects on the christian religion. In

addition, this can be highly observed nowadays, when the Church preaches the

catholic universities ought to be the places of research and high standard

education, and should be available for all casts of the society. 16

Until the former chapter, our doctoral essay would have liked to give a

structural presentation of the previous and the contemporary legislation.

However, the moment feels like being appropriate to introduce the main core

of our essay: The obstacles that forms up a bit of difficulty in fulfilling the

parental duties in catholic education. Thus, our target here is not only to point

out the obstacles, but to find some practical solutions for them.

The sixth chapter

will have the intention to be divided into two major parts.

On one hand, it is obviously inevitable to speak about obstacles in general.

Many experts would ask us why we have chosen the term obstacles instead of

using other words like difficulties, flaws, impediments and so on. This is,

15

BAUM, G., 17.

16

LETSON,

D.,

Catholic Universities in the Modern World

, in

The Tablet

(10th

February 2001), 186. The Pope himself keeps stating in Ex corde ecclesiae that "Catholic

university will achieve these ends by providing a forum for reflections upon the ever-

expanding treasury of human knowledge , to which it seeks to contribute by its own research

in fidelity to the Christian message and in light of the catholic faith. " In the following, this

article is talking about the freedom of education and the chance of getting into a university as

a layman.

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