New Societies for a New World

The Jurist 67 (2007) 227-244 NEW SOCIETIES FOR A NEW WORLD Sharon Holland, I.H.M.* “So, what is the difference between a society of apostolic life and a re­ ligious institute?” The question conies year after year. And, although the author always insists that this is the wrong question, the fact remains that juridically the two realities are treated very similarly. To appreciate the uniqueness of societies, and of each society, one must revisit their emer­ gence in a particular historical context as a response to particular needs in the Church and world of the time. We are aware of course, that throughout the centuries, the Church has made laws and has issued warnings to prevent the proliferation of new religious institutes. The effort of the Fourth Lateran Council (1215) to prohibit new Rules, resulted in St Dominic adopting the Rule of St. Au­ gustine. Nevertheless, as is well known, St. Francis managed to get papal approval for his new Rule. Vatican Council II echoed the warning, insisting that those consider­ ing new foundations must seriously question “whether they are neces­ sary, or even very useful, and whether it will be possible for them to in­ crease” (Perfectae caritatis, 19). Long experience has shown that this prudence is not misguided. Nevertheless, as the same council recog­ nized, the Holy Spirit has continued to raise up founders of new religious families in a wonderful variety. These equip the Church for every good work in its ministry of building up the Body of Christ (Perfectae cari­ tatis, 1). Indeed, in his encyclical Deus caritas est, Benedict XVI recognizes that among the first to realize the need for a new approach to the issue of the just ordering of society were “the new religious orders founded in the nineteenth century to combat poverty, disease and the need for better ed­ ucation.”1Another particular impetus of the Spirit in recent centuries has been the rise and evolution of societies of apostolic life—new societies, distinct from religious institutes—at the service of new needs in the “new world.” * Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, Rome 1 Benedict XVI, encyclical letter Deus Caritas Est, December 25, 2005, n.27 (Vati­ can: Libreria Editrice Vaticana, 2006). 227 228 THE JURIST As will be seen, the fundamental identity of societies of apostolic life is found, above all, in their apostolic or missionary purpose. The forma­ tion of members, their common life and their governance, are all ordered around an apostolic mission. Like all Christians, members of societies pursue the perfection of charity; as members of their particular society, they pursue a particular purpose according to their constitutions. Canon 731 states:§1 Societies of apostolic life resemble institutes of consecrated life; their members, without religious vows, pursue the apostolic purpose proper to the society, and leading a life in common as brothers or sisters according to their proper manner of life, strive for the perfection of charity through the observance of the constitutions.§2 Among these are societies in which members assume the evangelical counsels by some bond defined in the constitutions.2 Who are these societies? It is impossible to know much from any par­ ticular name. The Society of Jesus is not a society; the Jesuits are a reli­ gious congregation. The Congregation of the Mission is not a religious congregation; the Vincentians are a society of apostolic life. The 2006 Annuario Pontificio lists 32 pontifical societies of men and 12 of women. Of the men’s societies, 15 depend on the Congregation for the Evangelization of Peoples and one on the Congregation for the Ori­ ental Churches. The others, and all of the societies of women, depend on the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life.3 To better understand this charismatic andjuridic figure, this study will briefly review the history of societies, and then seek to draw from the canons their juridic profile, indicating certain particular characteristics. 2 The Code of Canons for the Eastern Churches, in contrast, presents two types of society in two canons and sections. The type in CCEO canon 554 is seen almost as a religious institute, with sacred...