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Abstract
With the promulgation of the 1983 Code of Canon Law, many American Catholic educators have questioned the applicability of the canons in Book III of the code regarding Catholic universities and institutes of higher studies (cc. 807-814) to these institutions as they actually exist in the United States.
Canon 810.1 recognizes the statutory responsibility of these institutions to provide for the appointment of and, if warranted, the dismissal of teachers at Catholic universities. This paragraph lists the criteria upon which such decisions are made as including scientific and pedagogical suitability as well as doctrinal integrity and probity of life.
Canon 810.2 asserts the duty and right of episcopal conferences and diocesan bishops to be vigilant that the principles of Catholic doctrine are faithfully observed in Catholic universities.
The dissertation's first chapter provides a textual analysis of the provisions of the canon and a brief historical survey of the context of their appearance from their background prior to the 1917 code up to the time of canon 810's promulgation.
Chapter two considers various doctrinal and canonical issues raised by the canon's requirements and context. The ecclesiology underlying the canon's appearance, the notion of the Catholic identity of Catholic universities, and the canonical dimensions of that identity expressed in terms of their existence, activity, and accountability to the Church are investigated.
The third chapter examines the possible consequences of the canon's application to Catholic universities as they exist and operate in the United States. The history of American Catholic higher education is briefly provided along with a breakdown of the types of these institutions existing in the United States. The concerns for institutional autonomy, academic freedom, academic accreditation, and the obligations of tenure and due process are considered.
The analysis provided within the dissertation concludes with the assertion that the provisions of both paragraphs of canon 810 for Catholic universities neither contradict nor compromise the American enterprise of higher education or the civil law that protects its activities.
