Perseveranza e Misericordia: Due Riposte Alla Crisi di un Religioso Chierico. La Dispensa Dall’ordine Sacro e Dai Voti Perpetui by Jorge Enrique Horta Espinoza (review)

book reviews 609 PERSEVERANZA E MISERICORDIA: DUE RIPOSTE ALLA CRISI DI UN RELIGIOSO CHIERICO. LA DISPENSA DALL’ORDINE SACRO E DAI VOTI PERPETUI by Jorge Enrique Horta Espinoza. Bibliotheca Pontificii Athenaei Antoniani 40. Rome: Pontificium Athenaeum Antonianum, 2003. The text, a translation and updating of the author’s doctoral dissertation , addresses the unique situation of the clerical member of a religious institute (in terse form, a “religious cleric”). This particular situation is viewed from the perspective of the vocation crisis in which a religious cleric seeks two dispensations: the indult of departure from a religious institute (and, thus, dispensation from public vows) and the dispensation from the obligations derived from ordination, in particular, the obligation of celibacy. The text consists of three chapters; in the first, entitled, “Dottina Teologico -Giuridca dello Stato di Vita del Religioso Chierico,” the author focuses on the juridic condition of the Christian faithful, which condition derives from baptism [“la condizione del christifidelis,” 50] and three juridic states of life as particularities or specifications of this condition: the lay state, the clerical state, and the consecrated state [“stato consacrato,” 45].While the latter is not part of the hierarchical structure of the Church, it does form part of its life and holiness. In turn, the stato consacrato consists of two conditions [condicio, 85], lay and clerical. From this foundation, the author discusses “I Voti Religiosi e il Celibato nella Prassi Dispensatoria della Chiesa” in the second chapter. Here, the author focuses upon the juridic practice of dispensation in reference to two juridic institutes determinative of the religious cleric, namely, the profession through vows of the evangelical counsels constitutive of the state of consecrated life and the obligation of celibacy proper to the clerical state in the Latin Church. The author makes an important contribution in his analysis of ecclesiastical celibacy as a value in and of itself, alongside the religious vows. Celibacy is not merely an ecclesiastical norm but “scaturisce dalla voluntà di donarsi a Dio con un cuore indiviso e disponibile, come risposta di fede orientata all construzione del Regno” [99]. The author also discusses the papal derogation of canon 1037 by which all those to be ordained—including those who have professed permanent and public vows—must assume the obligation of celibacy during ordination to the order of deacon. The third and final chapter focuses on the “Iter Processuale della Dispensa ;” the author analyzes the juridic process by which a religious cleric requests a dispensation from the obligations both of his religious profession and of his ordination as well as related processes. The author discusses the processes for the declaration of the nullity of ordination, for dismissal from the religious and clerical states, for obtaining an indult of departure from an institute, and for the dispensation of the obligation of celibacy. Then he focuses upon the roles of the major superior and the religious institute in reference to the cleric’s request as well as that of the local ordinary and the Apostolic See. The appendices follow the author’s conclusion and consist of curial documents necessary for the dispensation process: the Normae Ordinarius Competens of October 14, 1980 from the Congregation of the Doctrine of the Faith [CDF], specifically the eight articles governing the process; the questions which comprise the “Interrogation of the Petitioner ;” a copy of the 1980 rescript of dispensation from celibacy and loss of the clerical state; the letter of 13 April 1989 from the Secretary of State to the Prefect of the Congregation of Divine Worship and the Discipline of the Sacraments [CDCDS] concerning the dispensation from celibacy and loss of the clerical state for deacons; the June 6, 1997 circular letter from the CDWDS on the dispensation and loss of the clerical state for priests under forty years of age; the same dispensation and loss for clerics in danger of death; and the dispensation from the diriment impediment of second marriage for widowed permanent deacons while remaining in ministry; the CDWDS Notification on the dispensation from defect of age for candidates for orders; the CDWDS Circular Letter concerning Scrutinies for ordination candidates; March 2001 rescript of Dispensation ; CDF Letter of 18 May 2001, Ad exsequendam ecclesiasticam legem (on...