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Journal Cover The Jurist : Studies in Church Law and Ministry
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   Full-text available via subscription Subscription journal
   ISSN (Print) 0022-6858 - ISSN (Online) 2326-6236
   Published by Project MUSE Homepage  [295 journals]
  • Editor’s Introduction
    • Abstract: Current or recent legislative initiatives at the universal level sometimes interfere with academic planning and call for changes of publication plans. This second issue of The Jurist for 2015 offers proof of that. Some of the planned contributions are pushed back to the first issue of 2016 to make room for a first set of commentaries offering an analysis of the revised procedural laws for the declaration of nullity of marriages.On September 8, 2015, His Eminence, Raymond Leo Cardinal Burke, the Cardinalis Patronus of the Sovereign Military Hospitaller Order of St. John of Jerusalem of Rhodes and of Malta, gave the keynote address during the conference “The Synod on the Family: Addressing the Instrumentum Laboris” ... Read More
      PubDate: 2016-04-12T00:00:00-05:00
  • Canonical Questions Regarding the Proposed Pastoral Care of the Faithful
           Who Are Divorced and Have Attempted Marriage
    • Abstract: It pleases me very much to come once again to Franciscan University of Steubenville, for which I have the greatest esteem. My presence, I hope, will be some small confirmation of the fidelity, generosity and excellence of Franciscan University in carrying out the challenging apostolate of Catholic higher education in our time. I thank, in particular, Father Sean Sheridan, T.O.R., for the invitation to give the keynote address at this evening’s symposium to discuss what is popularly called “The Synod on the Family.” I thank, too, all who have assisted me, so that I was able to celebrate, in the morning, the Pontifical High Mass for the Feast of the Nativity of the Blessed Virgin Mary at Saint Peter Church, and to ... Read More
      PubDate: 2016-04-12T00:00:00-05:00
  • The Pastoral Dimension of the Office of Papal Representatives
    • Abstract: Thank you, Father Kaslyn, for the invitation and opportunity to address this assembly and participate at least remotely in the life of my neighbor, The Catholic University of America and her School of Canon Law.In December of my first year in the seminary at the North American College, Cardinal Amleto Cicognani, Dean of the College of Cardinals, passed away.2 He had been Secretary of State to St. John XXIII and at the beginning of the pontificate of Blessed Paul VI.The office of the Pontifical Master of Ceremonies, then headed by Msgr. Virgilio Noè, called the College to ask for some seminarians and deacons to assist at his funeral. The reason was very simple. For twenty-five years, the Cardinal had served as the ... Read More
      PubDate: 2016-04-12T00:00:00-05:00
  • The Missio sui Iuris: To Be or Not To Be a Particular Church (c. 371 §1):
           Historical Development of the Missio sui Iuris in Mission Territories
           (1896–2002) and the Praxis of the Congregation for the Evangelization of
           Peoples in Erecting Them
    • Abstract: The development of ecclesial structures in mission territories under the competency of the Congregation for the Evangelization of Peoples1 has gone through various changes since its establishment in 1622. However, from the end of the 19th century until today there has been a consensus of the dicastery of a four-stage progression of ecclesial structures erected in mission territories to promote the Church’s work of evangelization.These structures have been categorized as: the mission diocese, the apostolic vicariate, the apostolic prefecture and the missio sui iuris.2 Missionary activity in the Church traditionally began with missionaries sent out in small groups (or occasionally as individuals) to a new or remote ... Read More
      PubDate: 2016-04-12T00:00:00-05:00
  • Understanding the Ius Vigens of the Mandatory Dismissal Process
    • Abstract: The women and men who profess the evangelical counsels of chastity, poverty, and obedience are uniquely consecrated to God and “enjoy a particular gift in the life of the church and, each in their own way, [are] to help the church in its mission of salvation.”1 The primary duty of each member of a religious institute is “the contemplation of divine things and assiduous union with God in prayer.”2 Members manifest this primary duty through their primary apostolate, that is, “the witness of their consecrated life, which they are bound to foster by prayer and penance.”3 The witness value of consecrated men and women cannot be undervalued, as Pope John Paul II explained in the post-synodal apostolic exhortation Vita ... Read More
      PubDate: 2016-04-12T00:00:00-05:00
  • An Analysis of Pope Francis’ 2015 Reform of the General Legislation
           Governing Causes of Nullity of Marriage
    • Abstract: On the Solemnity of the Assumption of the Blessed Virgin Mary in the year 2015, His Holiness Pope Francis issued two apostolic letters given motu proprio by which he reformed the legislation of the Latin and Eastern Churches governing the judicial process for treating causes of nullity of marriage. The issuance of these two documents, which had been expected within some proximity to the celebration of the fourteenth ordinary assembly of the synod of bishops, was announced on September 7, 2015, and the texts were revealed the next day, the Feast of the Nativity of the same Blessed Virgin. That pertaining to the Latin Church bears the incipit “Mitis iudex Dominus Iesus,”1 the Lord Jesus, meek judge, and that ... Read More
      PubDate: 2016-04-12T00:00:00-05:00
  • Mitis Iudex Canons 1671–1682, 1688–1691: A Commentary
    • Abstract: Can. 1671 §1. Marriage cases of the baptized belong to the ecclesiastical judge by proper right.This canon, which reproduces the original canon 1671 of the 1983 code and article 3 §1 of the instruction Dignitas connubii verbatim, asserts the Church’s traditional claim to exclusive jurisdiction over the marriages of the baptized. Since, according to Catholic doctrine, “a valid matrimonial contract cannot exist between the baptized without it being by that fact a sacrament” (c. 1055 §2), it follows that the Church alone is competent to examine and decide whether sacramental marriages of the faithful are valid and, therefore, binding. The claim of exclusive jurisdiction extends not only to the marriages between two ... Read More
      PubDate: 2016-04-12T00:00:00-05:00
  • The Abbreviated Matrimonial Process before the Bishop in Cases of
           “Manifest Nullity” of Marriage
    • Abstract: Among the proposals advanced by some of the fathers of the third extraordinary assembly of the synod of bishops on pastoral challenges to the family in the context of evangelization, held in Rome on October 5–19, 2014, was that there be instituted “a simple process to be used in cases where nullity is clearly evident.”1 This proposal was received by the supreme legislator into the general legislation of the Church in the institution of the processus matrimonialis brevior coram Episcopo, the abbreviated matrimonial process before the bishop.2 This institute, as such, is a pure novelty in the Church’s modern legislation and thus merits extensive attention in the canonical science. This study offers a modest ... Read More
      PubDate: 2016-04-12T00:00:00-05:00
  • Implementation of Mitis Iudex Dominus Iesus in the Diocese of Springfield
           in Illinois
    • Abstract: The promulgation of the motu proprio Mitis iudex Dominus Iesus, issued by the Supreme Pontiff Francis on August 15, 2015, has put into place a major reform of the canonical process for the declaration of the nullity of marriage in the Code of Canon Law effective December 8, 2015. This reform replaced, in their entirety, canons 1671–1691 in Book VII of the Code of Canon Law, Part III, Title I, Chapter I, Cases to Declare the Nullity of Marriage. The purpose of this article is to describe the interpretation and implementation of this reform in the Diocese of Springfield, Illinois, in the hope that it may be of assistance to other bishops and canonists as they interpret and implement this reform in their dioceses and ... Read More
      PubDate: 2016-04-12T00:00:00-05:00
  • Questions Regarding the Motu Proprio Mitis Iudex Dominus Iesus
    • Abstract: The motu proprio Mitis iudex Dominus Iesus1 of Pope Francis “on the Reform of the Canonical Process for Declaration of Nullity of Marriage in the Code of Canon Law” was received with surprise by many bishops, including, most probably, many of the delegates to the Synod of Bishops, to say nothing of the canon lawyers of the world. Especially so since the issue was still on the agenda of the ordinary assembly of the Synod of Bishops in October 2015. Unlike the ongoing project for the revision of Book VI of the Code of Canon Law on Penal Law, there was no draft offered for discussion by Conferences of Bishops or by specialists in canon law from around the world. The Special Commission established by Pope Francis on ... Read More
      PubDate: 2016-04-12T00:00:00-05:00
  • Proper Law of the Supreme Tribunal of the Apostolic Signatura
    • Abstract: Litterae Apostolicae motu proprio datae Antiqua ordinatione quibus Supremi Tribunalis Signaturae Apostolicae Lex propria promulgaturAntiqua ordinatione tribunalium Signaturae papalis gratiae et iustitiae suppressa, ante centum annos Supremum Signaturae Apostolicae Tribunal restituit, vel melius instituit, Sanctus Decessor Noster Pius PP. X, Constitutione Apostolica scilicet Sapienti consilio die XXIX mensis Iunii anni MCMVIII edita, qua Curiae Romanae ordinatio apte recognoscebatur, cuique adnexa erat Lex propria Sacrae Romanae Rotae et Signaturae Apostolicae. Idem quoque Summus Pontifex Regulas servandas in iudiciis apud Supremum Apostolicae Signaturae Tribunal die VI mensis Martii anni MCMXII confirmare ratasque ... Read More
      PubDate: 2016-04-12T00:00:00-05:00
  • Pontifical Precepts on Married Oriental Clergy: Congregation For the
           Oriental Churches
    • Abstract: Canon 758 §3 of the CCEO establishes that: “The particular law of each Church sui iuris or special norms established by the Apostolic See are to be followed in admitting married men to sacred orders.”This allows each Church sui iuris to decide about the admission of married men to sacred orders.At this moment, all the Catholic Oriental Churches can admit married men to the diaconate and the presbyterate, with the exception of the Syro-Malabar and Syro-Malankara Churches. The canon allows the Apostolic See to establish special norms on the matter.The Holy Father Pope Benedict XVI in the post-synodal apostolic exhortation Ecclesia in Medio Oriente of September 14, 2012, after having confirmed that “priestly celibacy ... Read More
      PubDate: 2016-04-12T00:00:00-05:00
  • Letters Clarifying Some Unclear Points of the motu proprio Mitis iudex
           Dominus Iesus: Pontifical Council for Legislative Texts
    • Abstract: Prot. N. 15138/20151st October 2015Dear Msgr.,responding to your letter of 8th September with which you asked for two clarifications regarding the Motu Proprio Mitis Iudex, we observe the following:The question about the conversion of a formal canonical process regarding the declaration of nullity of a marriage to the processus brevior introduced by the aforementioned Motu Proprio: If a process has begun in a formal way, there is—in a similar way as the passage from a formal process to the request of a dispensation super rato (cf. new canon 1678 §4)—the possibility to suspend the formal process and ask the parties for their consent to continue the instruction under the rules of the brief process.The new canon 1683 ... Read More
      PubDate: 2016-04-12T00:00:00-05:00
  • Canon Law Explained: A Handbook for Laymen by Laurence J. Spiteri.
           Manchester (review)
    • Abstract: Canon Law Explained: A Handbook for Laymen is an excellent introductory presentation of the Church’s law and procedures. The author’s background in canon law, international law, psychology and biblical studies, as well as his work experience in diocesan tribunals and Roman Congregations, provide insight into what is of interest to the uninitiated approaching the Church’s law for the first time. Spiteri structures the work by topic, avoiding the formal structure of the Code of Canon Law by book and canon. In doing so, he moves easily from topic to topic with lucid and precise explanations of areas such as the laity, religious, dioceses and parishes, bishops, conferences of bishops, the liturgy, sacraments, marriage ... Read More
      PubDate: 2016-04-12T00:00:00-05:00
  • Competences of Collegial Organs in a Particular Church in the Exercise of
           Executive Power According to the Code of Canon Law of 1983 by Miroslaw
           Sitarz (review)
    • Abstract: A very significant post-conciliar canonical development reflecting a more communal, less monarchical, view of church governance has been the notable activity of diocesan consultative organs (classified perhaps somewhat questionably as “collegial” in this work). Some of those organs, like presbyteral councils (cc. 495–501), have comprehensively addressed broad pastoral concerns; other organs, such as diocesan finance councils (cc. 492–493), have focused on more specialized issues involving temporal goods. Said organs, some required and others facultative, have assisted diocesan bishops in the informed exercise of their diocesan governance role, particularly its executive or administrative dimensions. This ... Read More
      PubDate: 2016-04-12T00:00:00-05:00
  • Master of Penance: Gratian and the Development of Penitential Thought and
           Law in the Twelfth Century by Atria A. Larson (review)
    • Abstract: Larson accurately describes her work as “a reconsideration and indeed the first comprehensive consideration of Gratian’s De penitentia” (2). It is a reconsideration in that the author, despite an abundance of canonical commentary to the contrary, attests to the significance of Tractatus de penitentia within the entire context of Gratian’s Decretum. It is a comprehensive consideration in that it provides a thorough examination of the specific questions addressed in De penitentia, what the treatise tells us about Gratian himself, and how it was used in the decades following its composition.Master of Penance consists of two parts. The seven chapters of Part I provide textual analysis of De penitentia. The five ... Read More
      PubDate: 2016-04-12T00:00:00-05:00
  • Pornografia e consenso matrimoniale. La fruizione di pornografia oggi e il
           suo influsso sul consenso matrimoniale canonico by Emanuele Albanese. Tesi
           Gregoriana (review)
    • Abstract: Pornography and how it can affect marital consent is the primary focus of this doctoral dissertation from the Gregorian University. The author first studies what pornography is and how using pornography can affect a person. A thought-provoking citation for canonists comes from a 2009 article by Spencer T. Zitzman and Mark H. Butler on wives who experience pornography as “an erosion of fidelity” (12). The link between fidelity and pornography needs further study from canonists. How does viewing pornography affect fidelity?The author then studies nine Rotal decisions, dating from 1975–2005. Pornography figures in all nine decisions, but is only the main focus of the nullity of consent in one of the cases, coram ... Read More
      PubDate: 2016-04-12T00:00:00-05:00
  • Praedicatio silentiosa et ecclesia minor. Eremitisches Leben nach dem
    • Abstract: Eremitical life is, as the title indicates, a silent preaching and a minor church reflecting the entire Church. Despite its long story, this life has not been seriously studied for many centuries; thus, this book, based on a dissertation done at the University of Münster in Germany, aims at locating this life within the Catholic Church. The author, a Carmelite sister, is the Director of the Edith Stein Archive at the Carmel in Cologne and teaches spirituality at the Institute for Deacons’ Formation of the Archdiocese of Cologne.The author states at the outset that hermits are a rare form of consecrated life, yet have an important function as a silent preaching that points to the “ultimate goal of human life, an ... Read More
      PubDate: 2016-04-12T00:00:00-05:00
  • Prassi processuale nelle cause canoniche di nullità del matrimonio.
           Quarta edizione aggiornata con le facoltà straordinarie concesse da Sua
           Santità Benedetto XVI a S.E. il Decano della Rota Romana l’11 febraio
           2013 by Carlo Gullo and Alessia Gullo (review)
    • Abstract: The eminent Rotal advocate Carlo Gullo and his daughter Alessia have prepared a fourth edition of what has become a classic handbook on marriage nullity procedure for the use of practitioners. This most recent edition not only incorporates the elaborations on matrimonial procedure found in the 2005 instruction Dignitas connubii but also the innovations introduced by the special faculties given by the Holy Father to the Dean of the Roman Rota in 2011. Moreover, this manual incorporates, as needed, indication of acceptable procedural practice from decisions of the Roman Rota. Unfortunately, the appearance of the apostolic letter Mitis iudex on September 8, 2015, will necessitate another revision of this classic ... Read More
      PubDate: 2016-04-12T00:00:00-05:00
  • Quod iustum est et aequum. Scritti in onore del Cardinale Zenone
           Grocholewski per il cinquantesimo di sacerdozio ed. by Marek Jędraszewski
           and Jan Słowński (review)
    • Abstract: It is a longtime custom in the academic world to offer a Festschrift or liber amicorum to a colleague who reaches a milestone in his academic career, usually a significant birthday, retirement, or both. The Scritti in onore del Cardinale Zenon Grocholewski are published at the occasion of another important milestone: the celebration of fifty years of his ordination as a priest. The book starts with a number of letters congratulating Cardinal Grocholewski on this anniversary. A letter from Pope Francis comes first, followed by wishes from Pope Emeritus Benedict XVI, an introduction by the Metropolitan Archbishop of Poznań, Archbishop Stanisław Gądecki, and letters from Cardinal Angelo Sodano, Dean of the College of ... Read More
      PubDate: 2016-04-12T00:00:00-05:00
  • Sedes Romana impedita: Kanonistische Annäherungen zu einem nicht
           ausgeführten päpstlichen Spezialgesetz by Georg Müller (review)
    • Abstract: Canon 335 of the current Code of Canon Law reads: “When the Roman See is vacant or entirely impeded, nothing is to be altered in the governance of the universal Church; the special laws issued for these circumstances, however, are to be observed” (emphasis added). The apostolic constitution Universi Dominici Gregis (February 22, 1996) promulgated by Pope Saint John Paul II addresses the vacancy of the Roman See. Until 2013, such vacancy occurred always at the death of the Roman pontiff, while the resignation of the pope was only a remote theoretical possibility. But with the resignation of Pope Benedict XVI, the death and the resignation of the Roman pontiff are now two realistic ways for the Roman See to become ... Read More
      PubDate: 2016-04-12T00:00:00-05:00
  • Dissertations and Theses
    • Abstract: The following dissertation was submitted during 2015 for the degree Doctor of Canon Law at The Catholic University of America. This constitutes the most recent additions to the series of Canon Law Studies which have appeared, in numerical order, since 1916.In keeping with standard academic practice in the United States, these dissertations have been published in microfilm form. However, book-sized editions produced by photocopy, in either soft or hard bindings, can be obtained. Order directly from: University Microfilms International, 300 N. Zeeb Road, Ann Arbor, MI 48106; or, University Publications International, White Swan House, Godstone, Surrey RH9 8LW, England. Please consult the publisher for prices.Heresy ... Read More
      PubDate: 2016-04-12T00:00:00-05:00
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