The Jurist : Studies in Church Law and Ministry    Follow    
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     ISSN (Print) 0022-6858 - ISSN (Online) 2326-6236
     Published by Project MUSE Homepage  [358 journals]
  • Editor's Introduction
    • Abstract: <p>By Kurt Martens</p> We certainly live in interesting times, also from a canonical point of view. Various bishops in the United States and elsewhere have experienced canonical difficulties when their decisions to relegate a church to profane use were found to be in violation of the law by the Congregation for the Clergy because of a lack of a grave reason, as required by canon 1222 §2. His Eminence, Péter Cardinal Erdo looks into another matter, at the opposite end of canon 1222: the construction of churches, and more in particular the need to obtain the consent of the bishop for such construction, as required by canon 1215.The resignation of Pope Benedict XVI in February 2013 and the election of Pope Francis on March 13, 2013 ... <a href="http://muse.jhu.edu/journals/the_jurist/v073/73.1.martens02.html">Read More</a>
      PubDate: 2013-07-26T00:00:00-05:00
       
  • The Consent of the Bishop Required for the Construction of Churches:
           Observations on Canon 12151
    • Abstract: <p>By Péter Cardinal Erdő</p> According to the canon law now in force, the prior consent of the bishop is necessary in order to build a church. What is the source and theological importance of this norm? Where can we identify its historical origin and how can we characterize its development through the centuries in the transformation of ecclesiastical discipline and canonical thought? And, finally, in light of all this, how can we precisely delineate the extension and meaning of this rule in the current law of the church? The present contribution seeks to respond to these questions. Although recent canonical publications concerning sacred places and times mention the consent necessary for the construction of churches,2 they generally do so in ... <a href="http://muse.jhu.edu/journals/the_jurist/v073/73.1.erd.html">Read More</a>
      PubDate: 2013-07-26T00:00:00-05:00
       
  • Tu es Petrus, et super hanc petram aedificabo Ecclesiam meam. An Analysis
           of the Legislation for the Vacancy of the Apostolic See and the Election
           of the Roman Pontiff 1
    • Abstract: <p>By Kurt Martens</p> The papal transition of 2005, with the death of John Paul II on April 2, 2005 and the election of his successor Benedict XVI on April 19, 2005, was without any doubt a mega media event in the recent history of the Catholic Church. The mass media had been preparing for years for this moment to come. For the first time in history, a significant number of events surrounding the death of a Roman pontiff, the interregnum and the election of the new vicar of Christ were broadcast live. The spectator could watch all of this as if he was a participant. One of the focal points was the question of whom the next pope would be. After the surprise announcement made by Benedict XVI on February 11, 2013 that he would resign as ... <a href="http://muse.jhu.edu/journals/the_jurist/v073/73.1.martens03.html">Read More</a>
      Keywords: Popes
      PubDate: 2013-07-26T00:00:00-05:00
       
  • Canonical Reflections on Universae Ecclesiae, the Instruction on the
           Application of Summorum Pontificum1
    • Abstract: <p>By John J.M. Foster</p> On May 13, 2011 the Pontifical Commission Ecclesia Dei published the instruction Universae Ecclesiae concerning the application of Pope Benedict XVI's 2007 apostolic letter motu proprio Summorum Pontificum.2 Following the Holy Father's approval of the instruction on April 8, Cardinal William Levada, president of the Pontifical Commission Ecclesia Dei, signed the instruction on April 30, 2011.In his presentation of the instruction, Cardinal Levada noted that the document follows upon the three-year period for which the pope had asked the bishops to share with him their experiences with the motu proprio Summorum Pontificum.3 Just as the 2007 motu proprio was "to free bishops from constantly having to evaluate anew ... <a href="http://muse.jhu.edu/journals/the_jurist/v073/73.1.foster.html">Read More</a>
      PubDate: 2013-07-26T00:00:00-05:00
       
  • The Pontifical Commission Ecclesia Dei: Purpose and Competence
    • Abstract: <p>By Sean T. Doyle</p> The Roman Pontiff "usually conducts the business of the universal church by means of the Roman Curia."1 Among its various dicasteries is the Pontifical Commission Ecclesia Dei, established by Pope John Paul II on July 2, 1988.2 Its establishment resulted from the schismatic actions of Archbishop Michel Lefebvre, who illicitly ordained four bishops within his group, the Fraternal Society of St. Pius X (FSSPX/SSPX).3 While the initial intent of the commission was to assist those members of SSPX who rejected the actions of their leader and wished to return to the canonical structure of the Catholic Church, special faculties and powers that both John Paul II and his successor Benedict XVI gave to the commission have ... <a href="http://muse.jhu.edu/journals/the_jurist/v073/73.1.doyle.html">Read More</a>
      PubDate: 2013-07-26T00:00:00-05:00
       
  • CDF Circular Letter on Episcopal Conference Guidelines for Cases of
           Clerical Sexual Abuse of Minors: Some Initial Observations
    • Abstract: <p>By Thomas J Green</p> A May 3, 2011 Congregation for the Doctrine of the Faith (hereafter CDF) circular letter1 reminded episcopal conferences that on May 21, 2010 Pope Benedict XVI had promulgated a revised version of the motu proprio Sacramentorum sanctitatis tutela (hereafter SST) containing updated revised norms on delicta graviora including clergy sexual abuse of minors.2 SST mentions various delicts that are especially serious, among them some Eucharistic and others penitential in character.3 However, the aforementioned letter addresses only the delict of clerical sexual abuse of minors, which the CDF seems to view as the most serious contemporary delict because of its broad-ranging negative impact upon the Church and its ... <a href="http://muse.jhu.edu/journals/the_jurist/v073/73.1.green.html">Read More</a>
      PubDate: 2013-07-26T00:00:00-05:00
       
  • Lay Ecclesial Ministers and Removal from Office: Seeking Justice and
           Fairness1
    • Abstract: <p>By Anne Asselin</p> It has now been a few years that I have been working and ministering in the field of canon law and, as I get somewhat older and, one would hope, wiser, I am often brought to reflect on the bonds that unite us as canonists. Our yearly conventions help protect these bonds and create new ones. But there is more to this than merely sharing a passion for the law of our Church or meeting occasionally to share meals and good conversation. I believe it is what James Provost himself bore witness to in his incredible ministry, whether as a canonist or as a priest. In his homily, on the occasion of Father Provost's funeral, Joseph Komonchak recalled "the promises of the Gospel given flesh," so rare it is that we "find a ... <a href="http://muse.jhu.edu/journals/the_jurist/v073/73.1.asselin.html">Read More</a>
      Keywords: Lay ministry
      PubDate: 2013-07-26T00:00:00-05:00
       
  • Official Documents of the Holy See: Letter from the Congregation for the
           Clergy and Procedural Guidelines for the Modification of Parishes and the
           Closure, Relegation and Alienation of Churches*
    • Abstract: <p>By Catholic Church. Congregation for the Clergy</p> Vatican City, 30 April 2013Prot. No. 20131348To the Eminent, Most Excellent, and Reverend Ordinaries at their SeesYour Eminence, Your Excellency,The Congregation for the Clergy is aware of the significant care and pastoral solicitude with which Bishops have approached the modification of parishes (cf. can. 515 §2) and the relegation to profane use or even the simple closure of churches (cf. can. 1222 §2). Despite their best efforts, however, various difficulties concerning these questions have arisen in recent years, both for Bishops and for the faithful. In an effort to provide helpful guidance and thereby to prevent many of the difficulties heretofore experienced, this Dicastery presents the attached ... <a href="http://muse.jhu.edu/journals/the_jurist/v073/73.1.letter.html">Read More</a>
      PubDate: 2013-07-26T00:00:00-05:00
       
  • United States Conference of Catholic Bishops: Complementary Legislation to
           the Code of Canon Law
    • Abstract: <p>By United States Conference of Catholic Bishops</p> Editor's Note: In recognition of the tenth anniversary of the promulgation of the Code of Canon Law, The Jurist 53 (1993) 396-434 agreed to make available to its readers the complementary legislation issued by the United States Conference of Catholic Bishops (USCCB). In collaboration with staff to the USCCB Committee on Canonical Affairs and Church Governance, The Jurist is again pleased to reprint the USCCB's current complementary legislation implementing the Code of Canon Law for the dioceses of the United States. Additional information pertaining to this legislation may be found on the USCCB's website at http://www.usccb.org/beliefs-and-teachings/what-we-believe/canon-law/complementary-norms/.Readers will note ... <a href="http://muse.jhu.edu/journals/the_jurist/v073/73.1.article.html">Read More</a>
      PubDate: 2013-07-26T00:00:00-05:00
       
  • The Presumption of Innocence in Canonical Trials of Clerics Accused of
           Child Sexual Abuse by William Richardson
    • Abstract: <p>By Kurt Martens</p> It cannot be denied that the presumption of innocence is an important element in penal law, or at least is presumed to be. Such was also the thought of William Richardson: this book is his doctoral dissertation in canon law. It is divided in two parts and nine chapters. The first part is the historical part and has five chapters. The second part deals with the current law and has four chapters. In a first chapter, the author looks at the presumption of innocence. Chapter two is dedicated to the definition of the crime, while chapter three deals with the inquisitorial procedure. In chapter four, the author studies the mixed public accusatorial procedure, and chapter five focuses on the instruction Crimen ... <a href="http://muse.jhu.edu/journals/the_jurist/v073/73.1.martens01.html">Read More</a>
      PubDate: 2013-07-26T00:00:00-05:00
       
 
 
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