Thanks for the elucidfation, JR. But with respect, none of those additional differences are absolute, and some of them are simply differences in nomenclature or procedure. And none of them are “doctrinal”.
eg
- What is the essential difference if any between a Rule and a Constiution?
None of these are doctrine, but they are laws that have been established and in place for centuries. Unless they are abrogated by Canon Law, they remain in place. The difference between simple vows and solemn vows is a point of doctrine, even though it’s a very confusing one that is still being hammered out. We’ll have to wait and see what they come up with. It was clearer until 1983. Now it’s not so clear, because the theology says one thing, but the canons that came out in 1983 neither affirm nor abrogate the tradition. So there is one argument that says that if it is not abrogated it remains in place and another that says that since the difference is not mentioned, it is no longer in place. Cardinal Ratzinger was asked to clarify, but he never got around to it. We’re still waiting.
A rule cannot be changed by the members of the community, only by a pope. A constitution is written by the members of the community and they can change it at a general chapter. The rule sets up the theological and spiritual framework for a religious community. It also gives laws that are binding for all time, unless the Holy See dispenses from them. A Constitution is much more fluid. It can change with time and culture. For example, the rules of Benedict, Augustine, Francis, Albert and Basil all have papal bulls. The religious in those communities cannot delete or ignore anything in those rules. No one can change anything unless a pope removes the bull. This has never happened.
- The Sacred Congregation is an arm of the Holy See. What is decided by a Sacred Congregation is, legally speaking, decided by the Pope. Same swith the Pope’s delegation to religious superiors of the power to dismiss members of the congregation from their vows.
There are some things that are reserved for the Pope himself. Dispensing from solemn vows is one of those.
- SOME sisters stay in the same house for life, and SOME nuns move around houses for reasons other than to start a new convent.
These are exceptions, not the rule. The rule is that sisters move and nuns have stability.
- There are limits to the autonomy of abbey superiors. Just as superiors of houses of sisters have a certain degree of autonomy.
An abbess has much more autonomy than the local superior of a house of sisters. An abbess is a major superior. A local superior is not a major superior. In canon law there are rights and privileges that are reserved for major superiors only. For example, the local superior cannot admit someone to profession of vows. Only a major superior can call someone to vows. The voice of Christ comes through the major superior, not the local superior. Therefore, you must have the consent of the major superior to make vows, because you must be called by Christ.
A major superior can dispense from certain obligations, the local superior cannot do so. The major superior is the legal authority of the community, the local superior is the major superior’s delegate, but is not the legal representative of the community, because she is not the legal authority.
An abbess does not have a superior general above her, even in the large orders such as Poor Clares, Benedictines, Cloistered Dominicans, Second Order Carmelites or Basilians. A major superior may have to answer to a superior general. You can have a community that is divided into provinces. In that case each Provincial is a major superior, but she must answer to the Superior General. The hierarchy is different.
A congregation of sisters can be of Pontifical Right. This means that it is not subordinate to the authority of a bishop, except if they work for the bishop. In that case they are subordinate to the bishop in those matters that related to the work they do for him. An order of nuns can also be of Pontifical Right, but they are subject to the authority of the local bishop for certain things such as the enclosure, buying and selling of property, election of the abbess. The bishop cannot interfere in the election, but he must confirm and install the abbess. Until he does so, she cannot take office. In congregations of Pontifical Right the community elects and installs the Superior General; however, the congregation must submit the results of the election to the Sacred Congregation for Institutes of Consecrated Life and Societies of Apostolic Life for confirmation, but not to a local bishop.
Finally, an order is never of diocesan right. Therefore, no bishop can be the Superior General of nuns. All nuns belong to orders. Sisters belong to congregations and some congregations are of Diocesan Right. In those cases, the bishop of the home diocese is the Superior General and there is a major superior who runs the congregation. But the bishop has veto power.
These are a lot of legal differences, but they are important because they affect many aspects of the community.
There are many differences. The biggest difference is that a nun is monastic and a sister is not.
Fraternally,
Br. JR, OSF
