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Journal Cover The Jurist : Studies in Church Law and Ministry
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   ISSN (Print) 0022-6858 - ISSN (Online) 2326-6236
   Published by Project MUSE Homepage  [295 journals]
  • The Reception of the Code in the Missionary Territories and the Special
           Faculties Granted to the Congregation for the Evangelization of Peoples
    • Abstract: The introduction of the decree Ad gentes, outlining the rationale of the Church, reads: Sent by God to the nations to be “the universal sacrament of salvation,” the church by the innermost requirements of its own catholicity and in obedience to the command of its founder, strives to proclaim the gospel to all humankind.2 While the whole Church is by its nature missionary, and the work of evangelization is a fundamental duty of the people of God (cf. AG 35, can. 781), such a task, is entrusted in a particular way to the Congregation for the Evangelization of Peoples, which “directs” and “coordinates” the work of evangelization according to the common or universal laws. However ... Read More
      Keywords: Evangelistic work; Catholic Church; Catholic Church.; Vatican Council; Oriental Orthodox churches; Marriage; Francis,
      PubDate: 2016-11-27T00:00:00-05:00
       
  • Editor’s Introduction
    • Abstract: When the editor of an academic journal writes his introduction to the latest issue, a sense of relief comes over him. Not only does this mean that all of the contributions are assembled, but that the journal is ready to go to the typesetter. Countless hours have been spent to ensure not only a good balance between the various topics treated in the issue but to guarantee the quality of the journal, beginning with double blind peer review and the careful editing of each of the contributions. It is also an opportunity to thank all the collaborators and authors. Without them, this endeavor would not be possible. The Congregation for the Evangelization of Peoples is, together with the episcopal ... Read More
      Keywords: Evangelistic work; Catholic Church; Catholic Church.; Vatican Council; Oriental Orthodox churches; Marriage; Francis,
      PubDate: 2016-11-27T00:00:00-05:00
       
  • L’istruttoria nel processo di nullità matrimoniale ed. by Maria
           Cristina Bresciani, Francesco Catozzella, Alessia Gullo (review)
    • Abstract: The volume, edited by the Arcisodalizio of the Roman Curia, is inserted at number 108 of the prestigious Studi giuridici series of the Libreria Editrice Vaticana. The text offers an agile close examination, although scientifically deep and complete, of the instructional phase of the canonical process of matrimonial nullity, through the contribution of thirteen different authors. The proposed studies are divided into four main themes: general topics, subjects, development and conclusion, psychology of the testimony. In the general topics, Stankiewicz (Dean Emeritus at the Roman Rota) offers an historical-juridical overview of the general principles of the instructional phase, focusing ... Read More
      Keywords: Evangelistic work; Catholic Church; Catholic Church.; Vatican Council; Oriental Orthodox churches; Marriage; Francis,
      PubDate: 2016-11-27T00:00:00-05:00
       
  • La dimension juridique du sacré by Dominique Le Tourneau (review)
    • Abstract: In La dimension juridique du sacré, Dominique Le Tourneau makes another valuable contribution to the Gratianus Collection Series of canon law resources. As canonists know, “For the most part the Code does not define the rites which must be observed in celebrating liturgical actions” (c. 2). As a result, there are a variety of sources for the norms that regulate the celebration of these liturgical actions, which Le Tourneau has brought together and expounded upon in this volume. The book is divided into three parts with a total of twenty-two chapters. Part I includes the historical development of liturgy and its regulation (17–79). Part II moves to a consideration of the juridical component of liturgical ... Read More
      Keywords: Evangelistic work; Catholic Church; Catholic Church.; Vatican Council; Oriental Orthodox churches; Marriage; Francis,
      PubDate: 2016-11-27T00:00:00-05:00
       
  • Introduction au droit canonique: Principes généraux et méthodes de
           travail by Anne Bamberg (review)
    • Abstract: In Introduction au droit canonique, Anne Bamberg provides a brief overview of canon law and its application in the life of the Church. As this is a relatively short volume, it is necessarily limited in its discussion of the relevant topics. The work is divided into three parts, with a total of nine chapters (three chapters per part). In Part I, Bamberg addresses the history of canon law and certain fundamental principles of canon law (9–54). Part II reviews the principles of general norms embodied in Book I of the 1983 Code of Canon Law (55–92). In Part III, Bamberg considers certain special topics in canon law (93–124). Part I includes three chapters. Chapter 1 reviews the historical roots of ... Read More
      Keywords: Evangelistic work; Catholic Church; Catholic Church.; Vatican Council; Oriental Orthodox churches; Marriage; Francis,
      PubDate: 2016-11-27T00:00:00-05:00
       
  • Gli istituti misti di vita consacrata: Natura, caratteristiche e potestà
           di governo by Maia Luisi (review)
    • Abstract: The result of rigorous doctoral studies, this book has immediate contemporary interest for canonists and members of certain institutes composed of both priests and brothers. These continue to struggle with the unresolved questions of how and by whom the power of governance may be exercised in institutes seeking recognition as mixed. Chapter I offers the status quaestionis of the contemporary debate regarding power in institutes of consecrated life and the possibility of its exercise by lay religious superiors. The norms of the 1917 Code of Canon Law, and its revision process, demonstrate the efforts to move away from the concept of potestas dominativa. This reopened the question of the source or origin ... Read More
      Keywords: Evangelistic work; Catholic Church; Catholic Church.; Vatican Council; Oriental Orthodox churches; Marriage; Francis,
      PubDate: 2016-11-27T00:00:00-05:00
       
  • Das Verfahren zur Erhebung eines Heiligen zum Kirchenlehrer by Paul
           Bernhard Wodrazka (review)
    • Abstract: At the beginning of his Foreword to the book, Cardinal Christoph Schön-born, Archbishop of Vienna, points out that there are many books about the lives and works of the thirty-five Doctors of the Church, but no publication on the process by which a saint becomes a Doctor of the Church (p. 5). Wodrazka’s book addresses that neglected topic. This task is made more complicated by the fact that there is no single document in which the process for the elevation of a saint to Doctor of the Church is treated in its entirety. Moreover, of the relevant documents only one is public, the apostolic constitution Pastor Bonus. The others are internal curial documents. Having gained access to all the relevant ... Read More
      Keywords: Evangelistic work; Catholic Church; Catholic Church.; Vatican Council; Oriental Orthodox churches; Marriage; Francis,
      PubDate: 2016-11-27T00:00:00-05:00
       
  • Letters Clarifying Some Unclear Points of the motu proprio Mitis iudex
           Dominus Iesus
    • Abstract: Prot. N. 15170/2015 Vatican City, 25 November 2015 Reverend Father, with the present I respond to your letter of 20 October of this year, with which you asked for the opinion of this Pontifical Council on two questions about the new motu proprio Mitis et misericors Iesus. Paragraph 2 of can. 1372 CCEO, hitherto in force, establishes that the premarital inquiry mentioned in can. 748 is sufficient to demonstrate the free state of the person who was to observe the form of celebrating matrimony prescribed by the law, but who had attempted marriage before a civil official or a non-Catholic minister. The new can. 1374 of the motu proprio Mitis et misericors Iesus, instead, makes ... Read More
      Keywords: Evangelistic work; Catholic Church; Catholic Church.; Vatican Council; Oriental Orthodox churches; Marriage; Francis,
      PubDate: 2016-11-27T00:00:00-05:00
       
  • Jurisprudence of the Supreme Tribunal of the Apostolic Signatura
    • Abstract: Prot. N. 47709/A/13 CASuspensionis(Rev.dus N.—Congregatio pro Gentium Evangelizatione)(Cf. Prot. N. 46061/11 VAR) In causa de qua supra, Exc.mus Episcopus X die 16 ianuarii 2012 censuram suspensionis irrogavit Rev.do N., eo quod invitationi diei 26 decembris 2011, die 11 ianuarii 2012 praecepto munitae, in Dioecesim X revertendi ex Archidioecesi Y, ubi studiorum causa degebat, intra diem 15 ianuarii 2012 non paruit. Remonstratione die 22 februarii 2012 frustra proposita, Rev.dus N. die 29 martii 2012 recursum hierarchicum coram Congregatione pro Gentium Evangelizatione instituit, quae solummodo litteris diei 2 ianuarii 2013 respondit mera exhortatione ad regressum in Dioecesim incardinationis ob ... Read More
      Keywords: Evangelistic work; Catholic Church; Catholic Church.; Vatican Council; Oriental Orthodox churches; Marriage; Francis,
      PubDate: 2016-11-27T00:00:00-05:00
       
  • Applying Article 14 of Mitis Iudex Dominus Iesus to the Processus Brevior
           in Light of the Church’s Constant and Common Jurisprudence on Nullity of
           Consent
    • Abstract: When rendering judicial decisions regarding marriage nullity, ecclesiastical judges are to follow the constant and common jurisprudence of the Church. Pope John Paul II stated this emphatically in an early address to the Roman Rota: “We must be convinced that a serene, attentive, thought-out, complete, and exhaustive examination of marriage cases demands full conformity to the correct doctrine of the Church, to canon law, and to sound canonical jurisprudence, which has come to maturity above all through the contribution of the Sacred Roman Rota.”1 The pope then added, with his own emphasis, “Indeed, any innovation of law, substantive or procedural, that does not correspond to the jurisprudence or practice of ... Read More
      Keywords: Evangelistic work; Catholic Church; Catholic Church.; Vatican Council; Oriental Orthodox churches; Marriage; Francis,
      PubDate: 2016-11-27T00:00:00-05:00
       
  • The Notion of Canonical Jurisprudence and its Application to the Tribunal
           of the Roman Rota and Causes of Nullity of Marriage
    • Abstract: Those engaged in the governance of and the administration of justice in the Church are bound by the duty of their office to act always in accord with the sacred discipline of the Church. That discipline cannot be reduced to the bald text of the canons of the codes but, in the first place, presupposes a profound appreciation for what is just (iustum) in the societal relationships of Christ’s faithful. One critical source for attaining such an appreciation is the body of jurisprudence that is an integral portion of the canonical tradition and science. In the contemporary ecclesial milieu, where the stability and nullity of marriage have been called into question in a public way reminiscent of the 1960s and ... Read More
      Keywords: Evangelistic work; Catholic Church; Catholic Church.; Vatican Council; Oriental Orthodox churches; Marriage; Francis,
      PubDate: 2016-11-27T00:00:00-05:00
       
  • The Ordinary Process According to Mitis Iudex: Challenges to Our
           “Comfort Zone”
    • Abstract: Human institutions, like the human beings who create and shape them (and, in turn, are shaped by them), are creatures of habit. They develop ways for dealing with routine and recurring tasks and situations and usually persist in these behaviors unless external factors force reconsideration and revision. Indeed, change in these ingrained habits can be wrenching, for both individuals and institutions. The iron grip of the familiar and the comfortable can be so strong that extraordinary effort—and sometimes intense outside pressure—are needed to overcome inertia and resistance and prompt adaption to changed circumstances. Over the past fifty years the Church’s marriage tribunals in North America have ... Read More
      Keywords: Evangelistic work; Catholic Church; Catholic Church.; Vatican Council; Oriental Orthodox churches; Marriage; Francis,
      PubDate: 2016-11-27T00:00:00-05:00
       
  • Reflections on the Role of the Diocesan Bishop Envisioned by Mitis Iudex
           Dominus Iesus
    • Abstract: In order to gain a proper understanding of Mitis Iudex Dominus Iesus it would be essential to place the document in its proper context.1 That requires that we have to have a sense of the person of the legislator, of Pope Francis, and be able to see this legislative action in the overall context of his way of exercising the Petrine ministry. I would presume that those of us who have been trained in homiletics or public speaking would have been encouraged to avoid ever going back to material that we have already used, especially with the same audience, lest we be seen as repeating ourselves. If that is true for a parish priest, how much more must it apply to the Bishop of Rome, the Successor of ... Read More
      Keywords: Evangelistic work; Catholic Church; Catholic Church.; Vatican Council; Oriental Orthodox churches; Marriage; Francis,
      PubDate: 2016-11-27T00:00:00-05:00
       
  • A First Approach to the Reform of the Process for the Declaration of
           Nullity of Marriage
    • Abstract: On August 15, 2015 Pope Francis put his signature to new norms reforming the process for the declaration of the nullity of a marriage. The motu proprio Mitis Iudex Dominus Iesus for the Latin Church and the distinct motu proprio for the Oriental Catholic Churches were made public on 8 September 2015 and came into force on December 8, 2015. The following exposition concerns only the motu proprio for the Latin Church, but the one for the Oriental Churches is very similar to it. After a short preliminary part that concerns especially the state and activity of ecclesiastical tribunals in the world, there follows a brief presentation of the motu proprio, and in the third part I will consider more closely the ... Read More
      Keywords: Evangelistic work; Catholic Church; Catholic Church.; Vatican Council; Oriental Orthodox churches; Marriage; Francis,
      PubDate: 2016-11-27T00:00:00-05:00
       
  • Independent General Administrative Norms in Documents of the Roman Curia
    • Abstract: There are three categories of binding norms in canon law that have a general application (as opposed to singular administrative acts that are binding on individual subjects of the law). These categories are (1) laws (leges) enacted by ecclesiastical legislators, (2) general administrative norms issued by executive authorities such as the dicasteries of the Roman Curia, and (3) customs that have the force of law. Our interest here is with the first two categories of norms, the written norms published in juridical documents of the Apostolic See that go by various names. These two categories of norms are not equal. Laws are higher in juridical value than general administrative norms. Concretely, this means ... Read More
      Keywords: Evangelistic work; Catholic Church; Catholic Church.; Vatican Council; Oriental Orthodox churches; Marriage; Francis,
      PubDate: 2016-11-27T00:00:00-05:00
       
  • The Catholic-Oriental Orthodox Dialogue: Achievements and Hopes
    • Abstract: It’s really a great honor to be invited to give the Monsignor Frederick McManus lecture this year. I am fortunate to have known Fred McManus; he was a member of our national theological consultation with the Orthodox churches when I began to staff it in 1995. In fact, according to the rather dusty files in our office, he began to serve on the dialogue in 1970, and continued to do so until 2000 when he had to withdraw for health reasons. During those 30 years, his vast learning, especially in the areas of canon law and liturgy, was of great benefit to the dialogue, not to speak of the effect of his personal charm and graciousness. There can be no doubt that he made a substantial contribution to the 19 agreed ... Read More
      Keywords: Evangelistic work; Catholic Church; Catholic Church.; Vatican Council; Oriental Orthodox churches; Marriage; Francis,
      PubDate: 2016-11-27T00:00:00-05:00
       
  • Consecration and Secular Life in the Second Vatican Council: The
           Contribution of the Secular Institutes
    • Abstract: Since the Second Vatican Council, the Church has seen the flourishing of new ecclesial realities which offer to their members the evangelical practice of the sequela Christi (following Christ) through a commitment (vow or promise) without, however, abandoning the world. This reality confirms the lifestyle of the special vocation of the consecrated person, which has its basis in baptismal consecration, and whose origin dates to the earliest days of Christianity.2 In the 1930s, in addition to the positive growth of lay responsibility, the Church also saw the flourishing of institutes or societies that were subsequently given canonical recognition under the juridical form of secular institutes. ... Read More
      Keywords: Evangelistic work; Catholic Church; Catholic Church.; Vatican Council; Oriental Orthodox churches; Marriage; Francis,
      PubDate: 2016-11-27T00:00:00-05:00
       
  • The Relationship between the State of Consecrated Life and the New
           Ecclesial Movements. Canonical Remarks
    • Abstract: On the occasion of the Year of Consecrated Life, in his Apostolic Letter Pope Francis expressed several expectations for this year which aimed, not only to look back on the past with gratitude, but to live the present with passion and embrace the future with hope. Among these expectations, the Pope invited all men and women religious, and all other consecrated persons, to be experts in communion, hoping that the ‘spirituality of communion,’ so emphasized by Saint John Paul II, will become a reality and that you will be in the forefront of responding to ‘the great challenge facing us’ in this new millennium: ‘to make the Church the home and the school of communion.’ I am sure that in this Year you will ... Read More
      Keywords: Evangelistic work; Catholic Church; Catholic Church.; Vatican Council; Oriental Orthodox churches; Marriage; Francis,
      PubDate: 2016-11-27T00:00:00-05:00
       
 
 
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