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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  [367 journals]
  • Faith, Fiction & Force in Medieval Baptismal Debates by Marcia L.
    • Abstract: <p>By John M. Huels</p> This is a thorough, historical-theological study of the development of doctrine on three issues: baptism by desire, fictive baptism, and forced baptism. Although a Catholic consensus on these issues has been in place for centuries now, this was not the case in the Middle Ages. The author explores the vigorous and wide-ranging debates on these questions from patristic times up to the early fourteenth century and reveals a surprising diversity of opinions and arguments. A canonical undercurrent in the work, without being systematically developed, is the fundamental notion of sacramental intentionality. The celebration of baptism does not achieve its effects unless the minister intends to do what the Church does when ... <a href="">Read More</a>
      Keywords: Baptism
      PubDate: 2015-08-08T00:00:00-05:00
  • Jurisprudence of the Supreme Tribunal of the Apostolic Signatura*
    • Abstract: Prot. N. 47834/13 CAReductionis ecclesiae in usum profanum( N. et alii—Congregatio pro Clericis)In causa de qua supra, litteris diei 7 augusti 2013 ad Cl.mam D.nam N. datis, hoc Supremum Tribunal statuit: a) terminum peremptorium viginti dierum ut pars recurrens suetam cautionem solveret, et b) terminum triginta dierum ut advocatum-procuratorem sibi constitueret.Instantia autem diei 28 augusti 2013, pars recurrens petiit gratuitum patrocinium et exemptionem ab obligatione deponendi consuetam cautionem necnon, quatenus negative, prorogationem sex mensium terminorum statutorum ob difficultatem oeconomicam.Quibus praehabitis,Perspecto quod constat Cl.mam D.nam N. litteras huius Supremi Fori die 12 augusti ... <a href="">Read More</a>
      Keywords: Catholic Church.
      PubDate: 2015-08-08T00:00:00-05:00
  • Pontifical Council for Legislative Texts Nota Explicativa about the
           Canonical Significance of Divorced Orthodox*
    • Abstract: On several occasions this dicastery has received the question whether, in the case of an Orthodox faithful to whom the proper ecclesiastical authority has granted a divorce and who now wishes to remarry a Catholic faithful and the nullity of the previous marriage is also evident, a matrimonial process to declare the nullity of such a marriage is necessary or, for example, if a declaration of the Bishop by administrative decree, attesting to said nullity, is sufficient.Since similar situations must be addressed by the whole Catholic Church and taking into account the indications given in this regard by other dicasteries, in particular the Declaratio of October 20, 2006 of the Supreme Tribunal of the Apostolic ... <a href="">Read More</a>
      Keywords: Divorce (Canon law)
      PubDate: 2015-08-08T00:00:00-05:00
  • The Reform of the Roman Curia at the Service of the New Evangelization**
    • Abstract: <p>By Kurt Martens</p> In his apostolic letter Novo Millennio Ineunte at the close of the Great Jubilee of the year 2000, John Paul II wrote:Over the years, I have often repeated the summons to the new evangelization. I do so again now, especially in order to insist that we must rekindle in ourselves the impetus of the beginnings and allow ourselves to be filled with the ardour of the apostolic preaching which followed Pentecost. We must revive in ourselves the burning conviction of Paul, who cried out, “Woe to me if I do not preach the Gospel” (1 Cor 9:16).1As John Paul II recalled in that apostolic letter, he had already often spoken about the new evangelization. What is then this new evangelization? And how new is the new ... <a href="">Read More</a>
      Keywords: Evangelistic work
      PubDate: 2015-08-08T00:00:00-05:00
  • The State of Consecrated Life: Vita et Sanctitas Ecclesiae
    • Abstract: <p>By Nancy A. Bauer O. S. B.</p> The state of consecrated life does not belong to the hierarchical structure of the Church, but to the life and holiness of the Church. Often do we hear that told. It is told first in the Vatican II dogmatic constitution on the Church, Lumen gentium, promulgated on November 21, 1964. It is repeated in the introduction to Renovationis causam, the 1969 Instruction on the Renewal of Religious Formation. It is referenced in Mutuae relationes, the 1978 Directives for the Mutual Relations between Bishops and Religious in the Church. Most significant for readers of this journal, it appears in whole or in part in not one, but two canons of the 1983 Code of Canon Law, both times in Book II, The People of God. It appears ... <a href="">Read More</a>
      PubDate: 2015-08-08T00:00:00-05:00
  • An Analysis of the Preliminary Investigation in Light of the Rights of the
    • Abstract: <p>By R. Lucien Millette</p> In recent years, there has been an increased focus on canonical penal law due to the growing need to handle violations of ecclesiastical law. Although this phenomenon has come about in large part due to the high media scrutiny regarding sexual abuse on the part of clergy, it has brought about an overall awareness within the Church that violations of ecclesiastical law must be handled properly to keep further harmful actions from occurring in the future. Early attempts to handle these problems have revealed the difficult balance required to handle these violations with both justice and mercy. In further developing the science of canonical penal law we will be able to respond more appropriately to the problems now ... <a href="">Read More</a>
      Keywords: Civil rights
      PubDate: 2015-08-08T00:00:00-05:00
  • Reflections of a Judicial Vicar of an Appeal Tribunal on the Proposed
           Reform of the Canonical Matrimonial Process
    • Abstract: <p>By Roch Pagé</p> On August 27, 2014, the Holy Father established a Special Commission of study for the reform of the canonical process in marriage nullity cases.1 A few months later, in the Final Report of the 2014 Extraordinary Assembly of the Synod of Bishops, the following statement was made:A great number of synod fathers emphasized the need to make the procedure in cases of nullity more accessible and less time-consuming. They proposed, among others, the dispensation of the requirement of second instance for confirming sentences; the possibility of establishing an administrative means under the jurisdiction of the diocesan Bishop; and a simple process to be used in cases where nullity is clearly evident.Some synod fathers ... <a href="">Read More</a>
      Keywords: Marriage (Canon law)
      PubDate: 2015-08-08T00:00:00-05:00
  • Editor’s Introduction
    • Abstract: <p>By Kurt Martens</p> This first issue for 2015 shows once more the variety of contributions on canonically relevant subjects offered to our readership. Additional jurisprudence of the Apostolic Signatura and a nota explicativa of the Pontifical Council for Legislative Texts are valuable resources for canonists.In a first contribution, Duncan G. Stroik, Professor of Architecture at the University of Notre Dame and a well-known practicing architect, explores church architecture since Vatican II. His contribution is the written text of the Eighth Annual Frederick R. McManus Memorial Lecture given at the School of Canon Law of The Catholic University of America on October 30, 2014. The author has a clear view on church architecture, as is ... <a href="">Read More</a>
      PubDate: 2015-08-08T00:00:00-05:00
  • Canon 72 of The Council of Trullo in Catholic Jurisprudence: An Adventure
           in Ecumenism**
    • Abstract: <p>By John P. Beal</p> The Christian Church, both in the East and in the West, has long been concerned about marriages between members of the faithful and those outside the fold. With good reason, it has feared that these religiously mixed marriages, whether they involved unbelievers or Christians outside the communion of the Church, would result in the loss of the true faith by the orthodox party. As a result, church authorities have frequently intervened by enacting norms to discourage, to forbid, and even, at times, to threaten with invalidity such religiously mixed marriages.1One such intervention to threaten mixed marriages with invalidity occurred at the Council of Trullo in 691. This council was summoned by Emperor Justinian II ... <a href="">Read More</a>
      Keywords: Marriage (Canon law)
      PubDate: 2015-08-08T00:00:00-05:00
  • Church Architecture Since Vatican II**
    • Abstract: <p>By Duncan G. Stroik</p> I am honored to be asked to deliver the Frederick R. McManus Memorial Lecture. Fred McManus was a major force in his generation and the lecturers who have preceded me have been an impressive and influential group focused most appropriately on Liturgy. This year the organizers decided to let you off lightly with a lecture on architecture. Because how much can architecture matter when it is only treated in a few paragraphs in the Codex Iuris Canonici? However, I hope you will find some of the images of some interest.Canon law has been an influence on me as an architect mainly due to the canon lawyers I have designed churches for, and two great books. First, the wonderful dissertation from 1927 by Nicholas Bliley ... <a href="">Read More</a>
      Keywords: Church architecture
      PubDate: 2015-08-08T00:00:00-05:00
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