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The Jurist : Studies in Church Law and Ministry
Number of Followers: 1  Subscription journalISSN (Print) 0022-6858 - ISSN (Online) 2326-6236 Published by Project MUSE  [305 journals]
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- Traditionis custodes: Ecclesiological Difficulties
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Abstract: On July 16, 2021, the motu proprio Traditionis custodes (TC) was published in L'Osservatore Romano.1 Taking effect immediately upon publication2 and accompanied by a letter explaining its rationale,3 this papal legislation reordered the norms concerning the celebration of Mass according to the Missale Romanum of 1962 and declared "all previous norms, instructions, permissions, and customs that do not conform" to TC to be abrogated.4 Subsequent documents from the Apostolic See have continued to elaborate and clarify this legislation.5While commentary has been published concerning both the application of the individual norms as well as their overall juridic status,6 one must also consider the ecclesiological ... Read More
PubDate: 2024-06-20T00:00:00-05:00
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- The Celebration of Daily Mass with No Faithful Present after Vatican II
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Abstract: During the COVID-19 pandemic, many priests celebrated Masses in the absence of a congregation due to public health concerns. This practice is permitted under canon 906 of the 1983 CIC: "A priest is not to celebrate the eucharistic sacrifice without the participation of at least some member of the faithful, except for a just and reasonable cause."1 Since then, some priests have rekindled their appreciation for the individual celebration of the Eucharist. As life has returned to normal, some priests, particularly those residing in communities, once again have the choice of either celebrating the Eucharist individually or participating in a concelebration on a daily basis.A canonical dilemma arises. When a priest has ... Read More
PubDate: 2024-06-20T00:00:00-05:00
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- An Act of Christ and the Church: The Order of Mass with the Participation
of Only One or No Minister-
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Abstract: In some, admittedly uncommon, circumstances, a priest will celebrate the Mass by himself or with only one server. This is often called a "private" Mass.1 The rubrics of the Missale Romanum provide for this eventuality, but they have done so in different ways since the Council of Trent. The current rubrics are found chiefly in the Ordo Missae cuius unus tantum minister participat in the Missale Romanum of 2002 (hereafter MR/2002).2 These rubrics can be better put into practice if they are understood in their context both historically and within the rest of canon law.As these rubrics are a product of the liturgical revisions following the Second Vatican Council, I will begin by examining the relevant liturgical ... Read More
PubDate: 2024-06-20T00:00:00-05:00
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- The Interdiocesan Tribunal: Dying Institution or Possible Solution'
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Abstract: In 1938, Pope Pius XI granted the first formal recognition of what would come to be called interdiocesan tribunals when he issued the motu proprio Qua cura. Since then, this institution "has revealed itself in the life of the Church as a most appropriate means for an accurate and rapid administration of justice."1 Throughout their history, inter-diocesan tribunals have been instituted in response to challenges faced by particular churches; most often, this is a lack of qualified ministers.It is no secret that the Church, especially on the level of the particular church, is currently experiencing a lack of qualified experts in penal law. Frans Daneels acknowledged this twenty years ago when he concluded a ... Read More
PubDate: 2024-06-20T00:00:00-05:00
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- Is the Internal Forum under Attack' The Status of the Sacramental Seal and
the Internal Forum in Church and State in the USA-
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Abstract: Of the many casualties of the clerical sexual abuse crisis, one in particular appears to have few mourners: secrecy.1 The very word can summon visions of nefarious conduct being committed in dark rooms and therefore hidden from view. Such images are particularly painful when linked to the sexual abuse of vulnerable people, which often depends in large measure on a culture of secrecy, silence, and fear.For this reason, confidential communications of many types, including evidentiary rules or procedural norms under state law protecting the venerable clergy-penitent privilege, have lately been attacked on the grounds that keeping secrets is simply out of place in a culture that should be dedicated to detecting and ... Read More
PubDate: 2024-06-20T00:00:00-05:00
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- In Search of a Theology of Canonical Penal Law: An Interpretation of Canon
1311 §2 Through Pope Francis's Writings on Mercy and Justice-
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Abstract: Pascite gregem Dei (PGD) is not only a significant reform of Book VI but also a landmark in the evolution of the Church's understanding of its own penal law. While penal canon law in the 1970s was mainly understood as incompatible with the pastoral nature of the Church, canonists today agree that penal law can and sometimes must be used as an instrument of charity. However, there is not yet much research on this paradigm shift, nor does a clear theological framework exist for understanding today's penal canon law.1The first canon of Book VI, canon 1311, gives a short theological foundation of penal law, with the new canon 1311 §2 explaining that penalties should be imposed or declared "having in mind the ... Read More
PubDate: 2024-06-20T00:00:00-05:00
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- The Discretionary Authority of the Diocesan Bishop in the Penal Law of the
CIC: A Legal Historical Perspective (1917–2021)-
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Abstract: About three years ago, on June 1, 2021, the Church made headlines in newspapers and magazines all over the world. The New York Times opened with "Pope Widens Church Law to Target Sexual Abuse of Adults by Priests and Laity."1 In the United Kingdom, BBC News wrote "Vatican Laws Changed to Toughen Sexual Abuse Punishment."2 In Germany, the Frankfurter Allgemeine headed with "Katholische Kirche verschärft ihr Strafrecht."3 The driving force behind this media attention was the promulgation of the new Book VI of the Code of Canon Law. This reform of the Church's penal law was initiated in 2007 by the late Pope Benedict XVI.4 The new penal law was promulgated via the apostolic constitution Pascite gregem Dei.5 In this ... Read More
PubDate: 2024-06-20T00:00:00-05:00
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- Jurisprudence: 1. Tribunal of the Roman Rota, decree coram Salvatori,
Nullitatis matrimonii; Prael.: Nullitatis sententiae et Admissionis
appellationis, B. 8/2022, February 10, 2022-
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Abstract: Infrascripti Patres Auditores de Turno, die 10 februarii 2022 in sede Huius Apostolici Tribunalis legitime coadunati, ad praeliminares propositas quaestiones definiendas: 1) An constet de nullitate sententiae Tribunalis A. primi iudicii gradus, die 24 ianuarii 2020 emissae et, quatenus negative, 2) An appellatio viri conventi adversus sententiam Tribunalis A. diei 24 ianuarii 2020, pro nullitate latam ob gravem defectum discretionis iudicii in utraque parte, in casu admittenda sit, an sententia affirmativa prioris gradus confirmanda sit, hoc tulerunt decretum.1. – Facti species. – D.na Pernula, actrix in causa, a. 1981 orta, catholica, et d.nus Gratianus, a. 1980 natus, catholicus et conventus in causa, anno 2006 ... Read More
PubDate: 2024-06-20T00:00:00-05:00
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- 2. Tribunal of the Roman Rota, decree coram Salvatori, Nullitatis
matrimonii; Prael.: Nullitatis decreti, B. 30/2023, March 2, 2023-
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Abstract: Infrascripti Patres Auditores de Turno, die 2 martii 2023 in sede Huius Apostolici Tribunalis legitime coadunati, ad praeliminarem quaestionem definiendam: An constet de nullitate decreti Tribunalis Appellationis B. diei 10 augusti 2020, hoc tulerunt decretum.1. – Facti species. – D.nus Marcus, actor in causa, a. 1960 ortus, catholicus, et d.na Anna, a. 1962 nata, catholica et conventa in causa, anno 1986 inter se obviam habuerunt, cum vir viginti sex et mulier viginti quattuor annos gereret.Mutuo capti adlectique amore iuvenes relationem amicabilem statim instituerunt, quae ad unum vix annum adducta est ullis sine difficultatibus. Cum res inter partes bene processissent, iuvenes matrimonium canonicum contrahere ... Read More
PubDate: 2024-06-20T00:00:00-05:00
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- Violation of Constitutive Procedural Laws and Injury to the Right of
Defense-
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Abstract: Injury to the right of defense is an issue that is very often the subject of in-depth study in the jurisprudence of the Roman Rota, especially in its function of providing for the unity of jurisprudence (cf. Praedicate Evangelium art. 200).1 Jurisprudential intervention is necessary because, while it maintains the principle of the inviolability of the right of defense, the code's regulatory framework—especially following the 2015 reform of the matrimonial process—does not adequately clarify the essence of the right and the guarantees necessary for its concrete implementation. The right of defense, in fact, assumes essential importance in the dynamism of the judicial function in that it must be understood as the ... Read More
PubDate: 2024-06-20T00:00:00-05:00
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- Natural Law and Thomistic Juridical Realism: Prospects for a Dialogue with
Contemporary Legal Theory by Petar Popović (review)-
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Abstract: The confrontation between natural law and legal positivism is as old as philosophy itself. In the Anglo-American world, that controversy is often introduced through the debate between H.L.A. Hart and Lon Fuller that famously took place in the pages of the Harvard Law Review in 1958. Fuller's defense of the natural law view, however, was in fact a defense of his largely procedural notion of an "inner morality of law." Petar Popović defends a natural law view by means of what one might call an "inner law of morality," or more accurately, an inner juridical aspect of morality. The main issue Popović aims to settle is whether there is an explicitly juridical dimension to the natural moral law. For most contemporary ... Read More
PubDate: 2024-06-20T00:00:00-05:00
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- Ius et matrimonium IV. Atti dell'VIII Corso di aggiornamento in diritto
matrimoniale e processuale canonico, settembre 2022 ed. by Héctor
Franceschi and Miguel A. Ortiz (review)-
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Abstract: Beginning in the year 2001, the Faculty of Canon Law at the Pontifical University of the Holy Cross has triennially held a week-long conference in the month of September on questions of substantive and procedural matrimonial law. All but the first of these have resulted in a volume in the Subsidia Canonica series published by that university (see nn. 3, 5, 6, 18, 21, 30, and 43 in that series). The last four of these have constituted a kind of sub-series called Ius et matrimonium ("what is just and marriage"): Ius et matrimonium containing the proceedings from the fifth conference (held in 2013), Ius et matrimonium II from the sixth conference (held in 2016), III from the seventh conference (held in 2019), and this ... Read More
PubDate: 2024-06-20T00:00:00-05:00
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- Criminal-Inquisitorial Trials in English Church Courts: From the Middle
Ages to the Reformation by Henry Ansgar Kelly (review)-
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Abstract: This most recent volume of the excellent series "Studies in Medieval and Early Modern Canon Law" by Henry Ansgar Kelly, a Distinguished Research Professor at UCLA (Berkeley) and internationally recognized forensic historian, surveys English inquisitorial procedure in criminal causes proper to ecclesiastical courts from the time of Lateran IV until the Reformation. An innovation of the late twelfth century, this new procedure allowed for a judge to proceed on the basis of public suspicion (publica fama) alone, even in the absence of a private accuser. Kelly surveys the reception and implementation of this procedure across a broad cross-section of offenses—for example, tax evasion, fornication and adultery, sorcery ... Read More
PubDate: 2024-06-20T00:00:00-05:00
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- Ministry to the Sick and Dying in the Late Medieval Church by Thomas M.
Izbicki (review)-
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Abstract: In this book, Thomas Izbicki has produced a detailed collection of sources illustrating the Church's ministry to the ill and at the deathbed in Europe in the medieval period. The work describes, often in enough detail to recreate them, the liturgical rituals used around Europe at this time. Additionally, the author explores theological sources of the era and indicates ways in which university theology influenced pastoral care in the homes of the sick.Izbicki's sources are focused on the period from the Fourth Lateran Council (1215) to the Council of Trent (1545–1563), with occasional references to earlier or later documents. These sources include pastoral manuals prepared by bishops for the use of their priests as ... Read More
PubDate: 2024-06-20T00:00:00-05:00
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- Existencia, validez y eficacia del acto jurídico canónico by
Łukasz Pawicki (review)-
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Abstract: Łukasz Pawicki's doctoral dissertation is a diligent contribution to a field of canon law that has experienced focused attention by scholars only relatively recently. Juridic acts underpin the entire system of canon law, but historically, the legislation and the doctrine have not been concerned to purify a comprehensive, consistent theory of juridic acts. For example, the collection of general norms of juridic acts found in Book I, Title VII De actibus iuridicis is a novelty with the 1983 CIC.Pawicki has sought to provide a complete, systematic presentation of the efficacy, and inefficacy, of juridic acts. The author defines the juridic act as an externally manifested act of the will intended to produce juridic ... Read More
PubDate: 2024-06-20T00:00:00-05:00
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- Sacramenti e diritto. I sacramenti come diritti e come sorgenti di diritto
ed. by Antonio S. Sánchez-Gil (review)-
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Abstract: This volume collects the proceedings of the twenty-sixth Study Conference of the Faculty of Canon Law of the Pontifical University of the Holy Cross. The contents explore fundamental aspects of the relationship between the sacraments and law, focusing especially on the question of the extent to which the sacraments are at the center of ecclesial law. In his introductory essay, Carlos José Errázuriz recalls as an inspiration for the theme of the conference the work of Javier Hervada and Eloy Tejero from forty years ago at the University of Navarra. These two eminent canonists had organized a symposium concerned with the juridical aspects of the sacraments, which they treated at the level of the foundations of canon ... Read More
PubDate: 2024-06-20T00:00:00-05:00
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- The Limits of Papal Authority over the Liturgy by Chad Ripperger (review)
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Abstract: In the aftermath of Traditionis custodes, some Catholics wonder about the extent of authority that a pope has over the liturgy of the Church. If a pope can place restrictions on the celebration of the extraordinary form of the Roman Rite, can he legitimately suppress the liturgical rite of any of the Eastern Churches sui iuris' Without challenging papal authority, this is a legitimate question that canonists or liturgists may ask.According to Ripperger, writers on this subject tend to fall into two extremes. Some, having a Protestant mentality, claim that a pope has no authority over the liturgy whatsoever. Others, however, claim that papal authority over the liturgy is absolute. However, the truth is somewhere in ... Read More
PubDate: 2024-06-20T00:00:00-05:00
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- On the Juridic Implications of Excluding Undocumented Catholic Men without
a Valid Employment Authorization under the Laws of the United States from
the Ministry of the Presbyterate in the Territory of the Latin Dioceses of
the United States of America by Armando José Gutiérrez Argüello
(review)-
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Abstract: The author presents a dense doctoral dissertation on a topic of significance in the United States and elsewhere in an era of ongoing immigration. The work is meticulously researched and artfully presented. The particular situation at the core of the study is the question of ordaining a man who remains unlawfully present in the United States without an employment authorization. As a consequence of his status, he is subject to removal from the country at any time. Although painted in the laws of one nation, this situation may be extrapolated to any place facing a similar question.The first half of the text is an excruciatingly detailed summary of United States immigration law and policy as it existed at the time of ... Read More
PubDate: 2024-06-20T00:00:00-05:00
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- Il Vademecum sui casi di abuso sessuale di minori commessi da chierici:
Profili teorici e pratici ed. by Claudio Papale, and; Le nuove norme sui
delitti riservati: Aspetti sostanziali e procedurali ed. by Claudio Papale
(review)-
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Abstract: These most recent volumes in the important series dedicated to making more widely known the ever-changing norms, procedure, and praxis regarding delicts reserved to the Dicastery for the Doctrine of the Faith (DDF) are useful and necessary for both practitioners and academics alike. As has been the case for over a decade, the faculty of canon law of the Pontifical University Urbaniana, collaborating closely with the DDF, arranges an "intensive course" each spring on some aspect of reserved delicts, the proceedings ordinarily being published the following year. All of the contributions are in Italian, except for Geisinger's, which are in English.Number seventeen of the series contains six papers—four by officials of ... Read More
PubDate: 2024-06-20T00:00:00-05:00
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- Il Supremo Tribunale della Segnatura Apostolica dopo la costituzione
apostolica Praedicate Evangelium. Riflessioni e proposte per una giustizia
sostanziale in Ecclesia by Giovanni Parise (review)-
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Abstract: The reform of the Roman Curia, instituted by His Holiness Pope Francis and conducted gradually throughout the first nine years of his pontificate, came to fruition with the promulgation of the apostolic constitution Praedicate Evangelium (PE) on March 19, 2022. This small book authored by Professor Giovanni Parise focuses on that constitution's norms governing the Supreme Tribunal of the Apostolic Signatura, which he has studied in depth for the past decade. PE did not introduce significant modifications to the Supreme Tribunal. Still, it offers an occasion to reflect on the administration of justice in the Church at the highest level and to consider further modifications of the law governing the Apostolic ... Read More
PubDate: 2024-06-20T00:00:00-05:00
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