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Abstract: During the revision of the Code of Canon Law, one of the changes proposed was a general regulation on administrative procedure, the Lex de procedura administrativa. This project was rejected by the supreme legislator after various iterations. Although many individual canons of this project were incorporated into the 1983 CIC (cc. 50, 51, 54, 55, 56, and 57), the other proposed canons that regulated the process and the principles for making decisions by ecclesiastical administrative authority were not. Many authors have lamented this lack of moderation on the discretion of executive authority and recommend the incorporation of various juridical principles to guide administrative authority in the Church.1However, as ... Read More PubDate: 2023-01-25T00:00:00-05:00
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Abstract: a) It seems necessary to begin this presentation with a warning about the limits and the scope of the argument that I will attempt to make. It is a known fact that under the term "law" (derecho), at least three analogous things are usually assumed: the legal norms, that which is just, and subjective rights (derechos subjetivos). However, from the beginning, I want to clarify that it would depart from my intention to study the sacramental roots of all three of these realities of the Church; I will limit myself only to one of these: that which is just, the just thing. When I speak here of "law" (derecho), I make reference to its classical meaning as the just thing or res iusta; I will deal, therefore, with those ... Read More PubDate: 2023-01-25T00:00:00-05:00
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Abstract: Legalism, laxism, and antinomianism are rather common occurrences in the Church today. In offering these reflections, at the outset I wish to acknowledge and express my appreciation for the helpful research and insightful analysis of Father John J. Coughlin, OFM, Global Distinguished Professor of Religious Studies and Law at the New York University School of Law, in his book, Canon Law: A Comparative Study with Anglo-American Legal Theory (New York: Oxford University Press, 2011).Let us start with legalism, which may be defined as a literal application of the law in such a way as to disregard its underlying purpose. A contemporary example of such legalism may be seen in the requirement that many dioceses now have ... Read More PubDate: 2023-01-25T00:00:00-05:00
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Abstract: The practice of making public the names of clerics "credibly accused" of sexual abuse of minors began some twenty years ago in the United States, just months after a series of explosive stories in The Boston Globe helped fuel a firestorm of criticism of the Church.1 This strategy was not widely adopted at first, but became more widespread after the so-called "summer of shame" in 2018, in the wake of the flood of news stories about the Pennsylvania Grand Jury report and revelations concerning then-Cardinal Theodore McCarrick.2 Defenders of the practice frequently refer to the concept of transparency when publishing lists, even when those whose names appear have merely been accused of misconduct before any civil or ... Read More PubDate: 2023-01-25T00:00:00-05:00
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Abstract: One of the principal characteristics of the Second Vatican Council's ecclesiology is its emphasis on diocesan bishops.1 Vatican II—through its teaching on the college of bishops, episcopal consecration, and hierarchical communion—affirms the central role that bishops hold in the constitution of the Church. The dogmatic constitution further proclaims that they govern the particular churches entrusted to their care as "vicars and legates of Christ" (LG 27).2In fact, so important is the apostolic ministry of the diocesan bishops to the council, that when it called for a clarification regarding the office and ministry of papal legates, it specified that such a revision was to take place "in more exact detail in ... Read More PubDate: 2023-01-25T00:00:00-05:00
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Abstract: The apostolic constitution Anglicanorum coetibus, promulgated by Pope Benedict XVI on November 4, 2009, provides the "general normative structure for regulating the institution and life of personal ordinariates for those Anglican faithful who desire to enter the full communion of the Catholic Church in a corporate manner."1 Between 2009 and 2012, three personal ordinariates were erected by the Congregation for the Doctrine of the Faith,2 the dicastery of the Roman Curia competent for this task according to the provisions of the same apostolic constitution.3 The three extant personal ordinariates are the Personal Ordinariate of Our Lady of Walsingham, erected in the territory of the episcopal conference of England ... Read More PubDate: 2023-01-25T00:00:00-05:00
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Abstract: In his book, A Brief History of Time, the late theoretical physicist, Stephen Hawking, who held Isaac Newton's chair as Lucasian Professor of Mathematics at the University of Cambridge, wrote about a "physical quantity called entropy, which measures the degree of disorder of a system. It is a matter of common experience that disorder will tend to increase if things are left to themselves. (One has only to stop making repairs around the house to see that!)"1 Hawkins explains entropy in this way:Imagine a cup of water falling off a table and breaking into pieces on the floor. If you take a film of this, you can easily tell whether it is being run forward or backward. If you run it backward you will see the pieces ... Read More PubDate: 2023-01-25T00:00:00-05:00
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Abstract: The dispensation is a singular administrative act of great importance in the canonical system.1 It is the juridical instrument through which the legal system mitigates the rigor of a norm issued for a generality of cases, adapting it to concrete situations and the needs of individual cases, removing its binding value. Its use requires great prudence: the dispensation must meet the concrete needs of the individual members of the faithful, but also must not detract from the obligatory force of the norm in general. Balance is thus found in the just cause that must exist in order to be able to give a dispensation. In fact, on the one hand the existence of a just cause justifies the fact that in the individual case the ... Read More PubDate: 2023-01-25T00:00:00-05:00
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Abstract: Congregatio pro Institutis vitae consecratae et Societatibus vitae apostolicae, decreto die 12 novembris 2015 lato, dimissionem Rev.di X a Societate Iesu revocavit, quam Superior competens ob inoboedientiam ex can. 696, § 1 decreverat, et quidem ob motiva in decreto dimissionis omissa (cf. can. 51). Ipsum autem Dicasterium, data occasione, admonere voluit revocationem nihil statuisse de modo agendi eiusdem Rev.di X, immo addidit illum modum agendi, si et quatenus perseveraret, causam procedurae dimissionis inchoandae esse; nam Rev.dus ille Vir iam diu extra domum religiosam degebat.Commercio quodam epistulari instituto, Rev.mus Superior Provincialis, litteris die 22 ianuarii 2016 datis, Rev.dum X apud Collegium Z ... Read More PubDate: 2023-01-25T00:00:00-05:00
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Abstract: Prot. n. 53159/17 CANDimissionis(Rev.dus X – Congregatio pro Institutis vitae consecratae et Societatibus vitae apostolicae)FRANCISCO PP. feliciter regnante, Pontificatus sui anno VII, die 17 septembris 2019, Supremum Signaturae Apostolicae Tribunal, ad normam art. 21 Legis propriae H.S.T. et probante Em.mo Praefecto in Congressu diei 26 octobris 2018, videntibus Em.mis ac Rev.mis D.nis Dominico Card. Mamberti, Praefecto, Leonardo Card. Sandri, Ponente, et Iosepho Card. Versaldi, intervenientibus Cl.ma Martha Wegan, utpote Patrona Rev.di Recurrentis, necnon Cl.ma Lucia Theresia Musso, tamquam Patrona Congregationis pro Institutis vitae consecratae et Societatibus vitae apostolicae atque Rev.mo D.no Ioanne Paulo ... Read More PubDate: 2023-01-25T00:00:00-05:00
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Abstract: In the two decrees presented here from the Apostolic Signatura, the Supreme Tribunal responded to Rev. X's recourses against a decree that had dismissed him from his religious institute, the Society of Jesus. Rev. X was dismissed because he refused to obey a precept to transfer to a religious house. The first decree, from the Prefect in Congresso, determined that Rev. X's recourse was not to be admitted for discussion before the College of Judges because it lacked any foundation. The second decree, from the College of Judges, determined that the Prefect's decree should not be reformed.1 Notwithstanding Rev. X's arguments to the contrary, these two decrees demonstrate that Rev. X lacked a legitimate reason not to ... Read More PubDate: 2023-01-25T00:00:00-05:00
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Abstract: The following dissertation was completed during the year 2022, resulting in conferral of the degree of Doctor of Canon Law by The Catholic University of America. This dissertation constitutes the most recent addition to the Canon Law Studies series, which has been running since 1916.In keeping with standard academic practice in the United States, this dissertation has been published in microfilm form. A book-sized edition produced by photocopy, in either soft or hard binding, can be obtained. Orders may be placed 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 ... Read More PubDate: 2023-01-25T00:00:00-05:00
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