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Towards a Positive Understanding of Business Activities by Clerics (can. 286), Especially in Non-Western Contexts
Decock, Wim; Bulambo, S. A.
2016
 

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Abstract :
[en] In this presentation we would like to argue that a strict interpretation of canons 286 1392 CIC/83 should be mollified in those quarters of the Church where income is negligible. A rigorous application of the prohibition and sanction on business and trading activities by clerics contained in these canons combined with the practical unwillingness of ordinaries to grant exemptions bars clergymen from finding creative solutions to supplement what little income they have. This leads to the paradox that clerics ministering in poor dioceses are often not remunerated sufficiently while a strict interpretation of canon law leaves them with no alternative to provide for their living. Clerics in poor dioceses are therefore frequently caught in a catch-22 situation. Within its proper legal context, the prohibition on business activities by clerics will be shown to make perfect sense. However, the application of canon 286 in real life contexts – especially in non-Western countries where poverty is rife – turns out to be self-defeating. This presentation does not wish to provide an interpretation which is contrary to the law (cf. canons 16 and 17). Yet, driven by the desire to avoid major evil (ad maiora mala vitanda) this contribution wants to encourage clerics to undertake activities that are not contrary to their ministry in their effort to sustain themselves, while at the same time urge the authorities to understand the predicament their clergy find themselves in and fully use their powers by virtue of the second part of can. 286 to grant permission for business and trading activities whenever necessary. This power to make exceptions was explicitly provided for by the 1983 Code of Canon Law, but in practice the more rigorous approach adopted by the 1917 Code still seems to prevail in the minds. In a certain way, then, the new insights for the future of canon law written down in 1983 and which were the fruit of the Second Vatican Council are still to be fully exploited. At the same time, this presentation will recommend, through the example of can. 286, that not only more mercy (misericordia), but also more law (ius) is needed in future conceptions of canon law.
Disciplines :
Metalaw, Roman law, history of law & comparative law
Author, co-author :
Decock, Wim ;  Université de Liège - ULiège > Département de droit > Histoire du droit
Bulambo, S. A.
Language :
English
Title :
Towards a Positive Understanding of Business Activities by Clerics (can. 286), Especially in Non-Western Contexts
Publication date :
08 January 2016
Event name :
Revision/Reform/Inculturation of the Code of Canon Law, Asian Centre for Cross-Cultural Studies, Chennai (India)
Event place :
Chennai, India
Event date :
08-01-2016 to 09-01-2016
Audience :
International
Available on ORBi :
since 28 November 2020

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