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Journal Cover   The Jurist : Studies in Church Law and Ministry
  [2 followers]  Follow
   Full-text available via subscription Subscription journal
   ISSN (Print) 0022-6858 - ISSN (Online) 2326-6236
   Published by Project MUSE Homepage  [363 journals]
  • Testimony to the Power of Grace. On the Indissolubility of Marriage and
           the Debate Concerning the Civilly Remarried and the Sacraments**
    • Abstract: <p>By Gerhard Ludwig Müller</p> The problem concerning members of the faithful who have entered into a new civil union after a divorce is not new. The Church has always taken this question very seriously and with a view to helping the people who find themselves in this situation. Marriage is a sacrament that affects people particularly deeply in their personal, social and historical circumstances. Given the increasing number of persons affected in countries of ancient Christian tradition, this pastoral problem has taken on significant dimensions. Today even firm believers are seriously wondering: can the Church not admit the divorced and remarried to the sacraments under certain conditions? Are her hands permanently tied on this matter? Have ... <a href="">Read More</a>
      PubDate: 2014-06-29T00:00:00-05:00
  • The Ultimate Test of Religious Freedom: The Constitution Bars Civil
           Authorities From Judging How Well, or How Badly, Church Officials
           Supervise and Assign Priests, Even Sexual Predators**
    • Abstract: <p>By Philip Allen Lacovara</p> . . . . sed quis custodiet ipsos custodes1 The rhetorical query attributed to the Roman satirist Juvenal frames the dilemma that this article addresses. Who will watch the watchmen? My thesis is that, under the Constitution of the United States, the autonomy that the First Amendment extends to the conduct of the affairs of religious institutions such as the Catholic Church creates a zone of immunity and privilege that civil authorities may not invade. In particular, no matter how well motivated they are, civil authorities—including grand juries, prosecutors, legislative committees, and civil juries—have no legitimate role to play under the Constitution in inquiring into the wisdom ... <a href="">Read More</a>
      Keywords: Catholic Church
      PubDate: 2014-06-29T00:00:00-05:00
  • Separation, Cooperation, and Human Dignity in Church-State Relations
    • Abstract: <p>By John J. Coughlin O. F.M.</p> Canon law is not limited to internal church matters alone but also encompasses the ius publicum ecclesiasticum or the public law of the church.1 The public law derives from the long history of the interaction between the Catholic Church and various forms of government ranging from the Roman Empire to tribal societies to feudal fiefdoms to the modern nation state.2 It also arises from the desire of the human person to be both a faithful member of the religious community and a loyal citizen of the state. In light of canon law’s tradition, this article identifies three broad principles that underpin the ius publicum ecclesiasticum about the proper relation between church and state. These are: (1) the principle of ... <a href="">Read More</a>
      Keywords: Canon law
      PubDate: 2014-06-29T00:00:00-05:00
  • Video Communications Technology and the Sacramental Confessions of Deaf
    • Abstract: <p>By Edward N. Peters</p> This article examines the possibility that d/Deaf 1 Catholics may use modern video communications technology to approach remote confessors, accuse themselves of sin, and receive absolution validly and licitly, notwithstanding considerable sacramental and canonical scholarship that holds against the use of communications technology in the sacrament of penance. We shall examine the possibility of using advanced video technology to make possible “confession-at-a-distance” in several steps. After briefly recalling the basic right of all the faithful to celebrate the sacrament of penance and outlining the special difficulties faced by deaf Catholics who wish to access this sacrament, we will present two ... <a href="">Read More</a>
      Keywords: Deaf
      PubDate: 2014-06-29T00:00:00-05:00
  • Consecrated Virgins and Hermits
    • Abstract: <p>By Sean O. Sheridan TOR</p> The traditional forms of consecrated life with which many members of the Christian faithful are most familiar include a requirement that members live in common together as they pursue the fulfillment of the evangelical counsels.1 Thus, these forms of consecrated life have a “community” component. Yet, life in common is not required for all forms of consecrated life. In particular, members of a secular institute do not live together.2 Rather they live in the world as leaven in society.3 In this article,4 we will focus our attention on two types of individual persons—consecrated virgins and hermits—who live consecrated life set apart from those who live a common life. The Code of Canon Law specifically ... <a href="">Read More</a>
      PubDate: 2014-06-29T00:00:00-05:00
  • Diocesan Institutes and Societies of Apostolic Life: Formation of Members
           for Holy Orders
    • Abstract: <p>By Phillip J. Brown S.S</p> Who is to oversee the formation of candidates for Holy Orders? The Code of Canon Law clearly assigns this responsibility to bishops regarding those destined for ordination to the secular clergy. As far as members of religious institutes and societies of apostolic life are concerned, however, the code may not be as clear. This article concerns the formation of members of diocesan societies of apostolic life for Holy Orders, not members of institutes and societies of pontifical right. To understand where the responsibility lies and how it is to be exercised in conformity with the Code of Canon Law, however, it will be necessary first to examine how the code applies to the formation of clerics in general ... <a href="">Read More</a>
      Keywords: Ordination
      PubDate: 2014-06-29T00:00:00-05:00
  • Associations of the Faithful Becoming Religious Institutes or Societies of
           Apostolic Life: Responsibilities of Diocesan Bishops (Canon 579)
    • Abstract: <p>By Rose McDermott SSJ</p> The post-conciliar period has experienced a plethora of associations, ecclesial movements, and communities developing throughout the universal Church. Conciliar teachings on the Church as a community entrusted with Christ’s mission1 and the responsibilities of the baptized to share in this mission,2 papal documents,3 and the writings by post-conciliar authors4 demonstrate how these associations and movements have evolved so rapidly over a very short period of time. A phenomenon of such magnitude entails serious responsibilities for diocesan bishops in discerning the perceived charisms or gifts of the Holy Spirit presented by the Christian faithful in movements and associations, particularly the latter ... <a href="">Read More</a>
      Keywords: Catholic Church
      PubDate: 2014-06-29T00:00:00-05:00
  • The Libellus: Rejection and Recourse
    • Abstract: <p>By Sean T. Doyle</p> A key intention of the Pontifical Commission for the Revision of the Code of Canon Law, reflecting the principles approved by the 1967 Synod of Bishops to guide the revision of the code, was that the rights of all the faithful be protected in the procedural structures of the church.1 Under the 1983 Code of Canon Law, one manner by which the Christian faithful can act to protect their ecclesiastical rights is by a judicial process before an ordinary tribunal. Although an ecclesiastical trial begins with the citation of the respondent,2 the presentation of the libellus by the petitioner constitutes a fundamental and significant event in the evolution of the case.3 Indeed, without the presentation of a judicial ... <a href="">Read More</a>
      PubDate: 2014-06-29T00:00:00-05:00
  • The Grave Defect of Discretion of Judgment Necessary to Establish the
           Invalidity of Marriage under Canon 1095, 2°
    • Abstract: <p>By Richard F. Reidy</p> Twenty-six years ago, Pope John Paul II devoted his annual address to the Roman Rota to the topic of psychic incapacity as grounds for a declaration of nullity of marriage.1 He would return to the same topic the following year.2 The Holy Father expressed appreciation for the advances in psychiatry and psychology that offered “the possibility of evaluating the human response to the vocation of marriage in a more precise and discriminating manner than philosophy alone or theology alone would allow.”3 Nonetheless, because of the manner in which such insights were being applied, he also expressed an urgent need to protect the ecclesial community against the scandal of seeing the value of Christian marriage ... <a href="">Read More</a>
      PubDate: 2014-06-29T00:00:00-05:00
  • Editor’s Introduction
    • Abstract: <p>By Kurt Martens</p> Our new Holy Father, Pope Francis, has decided to convoke an Extraordinary General Assembly of the Synod of Bishops in 2014, only the third of its kind, and an Ordinary General Assembly in 2015, on the pastoral challenges to the family in the context of evangelization. In preparation for the Extraordinary General Assembly of the Synod of Bishops, Most Reverend Gerhard L. Müller, Prefect of the Congregation for the Doctrine of the Faith, wrote an article, entitled “Testimony to the power of grace. On the indissolubility of marriage and the debate concerning the civilly remarried and the sacraments.” The piece was first published in the various editions of L’Osservatore Romano in various languages, and is now ... <a href="">Read More</a>
      PubDate: 2014-06-29T00:00:00-05:00
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