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The Jurist : Studies in Church Law and Ministry
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ISSN (Print) 0022-6858 - ISSN (Online) 2326-6236
Published by Project MUSE

[305 journals]

A Presentation of the New Penal System of Canon Law
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  Abstract: The recent apostolic constitution Pascite gregem Dei replaced in its entirety Book VI of the Code of Canon Law promulgated in 1983, significantly reforming the penal system of the Church in force up to now.1 The new norms enter into force on December 8, 2021, opening until then a period of vacatio legis in which the previous system remains in force. Therefore, this is a time to consider the new texts and to try to understand their meaning and scope.It would not be fair to say that the new provisions are intended to represent a kind of tightening of the canonical penal discipline, nor even less that these norms are intended to respond to the problem of the abuse of minors. Instead, the intention of the system that ... Read More
  PubDate: 2021-12-12T00:00:00-05:00
Reclaiming "Pastoral": Pascite gregem Dei and Its Vision of Penal Law
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  Abstract: Since the Second Vatican Council, the term "pastoral" has taken on a meaning that would have been unrecognizable to previous generations. In the earliest days of the Church, the polyvalent meaning of "pastoral" was understood to include a robust role for the application of penal law. Pastors of the flock understood that adherence to doctrinal teaching and the imposition of punishments when laws were broken were a necessary means for providing authentic care to the souls of the faithful. Even the most cursory examination of the earliest canonical collections and the canons of the first synods and ecumenical councils of the Church demonstrates this reality: the shepherd of the community must draw a sharp line between ... Read More
  PubDate: 2021-12-12T00:00:00-05:00
The Revised Book VI, Part I Selected Norms and Commentary
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  Abstract: On May 23, 2021, Pope Francis signed the long-awaited apostolic constitution Pascite gregem Dei,1 bringing to a close the fourteen-year period of revision of Book VI of the Latin code. This study will offer a commentary upon selected norms of Part I of the revised Book VI of the Latin code (Delicts and Penalties in General); due to the great amount of revised material, it has been thought better to reserve a treatment of Part II (Individual Delicts and Penalties) for a future study.Part I of Book VI is divided into six titles, each of which is treated in its own section below. The comparative tables employ (for the most part) the conventions of Edward N. Peters's Incrementa in progressu 1983 Codicis iuris ... Read More
  PubDate: 2021-12-12T00:00:00-05:00
The "Vademecum for Confessors" at Twenty-Five Years Old: Revisiting the
Conditions for Lawful Cooperation in a Conjugal Act Deliberately Rendered
Infecund by the Other Spouse in Light of the Delict of Solicitation
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  Abstract: February 12, 2022 marks the twenty-fifth anniversary of the publication of the then-Pontifical Council for the Family's "Vademecum for confessors concerning some aspects of the morality of conjugal life."1 The council prepared the Vademecum at the request of Pope John Paul II with the assistance of the Congregation for the Doctrine of the Faith and the Apostolic Penitentiary. In article 3, 13 the text identifies three conditions to help confessors ascertain whether a spouse's participation in a marital act deliberately rendered infecund by the other spouse is lawful. A confessor can use these conditions as a framework for instructing a penitent about lawful cooperation.The fact that the Vademecum places conditions ... Read More
  PubDate: 2021-12-12T00:00:00-05:00
"Our System": Father Robert T. Kennedy, the American Legal Tradition, and
the Development of Administrative Law in the Revision of the Code of Canon
Law
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  Abstract: The First Ordinary General Assembly of the Synod of Bishops met in Rome from September 29 until October 29, 1967. This gathering marked a substantial direction forward for the revision of the 1917 Code of Canon Law. The Synod eventually promulgated ten principles which were meant to guide and govern the revision of the code in light of the teachings of the Second Vatican Council. Among the American canonists who quickly emerged prepared to contribute his experience and expertise to the work of revision was Father Robert Thomas Kennedy.Born in Massachusetts in 1929, Kennedy grew up in New York. He graduated from Holy Cross College in 1950 and received a degree from Harvard Law School in 1953. Then, Kennedy entered ... Read More
  PubDate: 2021-12-12T00:00:00-05:00
Error Determining the Will (c. 1099) as an Autonomous Caput nullitatis in
Rotal Jurisprudence
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  Abstract: Those who administer justice on behalf of and in the name of the Church regularly encounter the consequences of fallen human nature and thus have a particular insight into those areas of ecclesial and secular society that can cause the greatest sorrow and disturbance to the earthly pilgrimage of the faithful. In causes of matrimonial nullity, one finds himself privileged to learn of the deep and tragic divisions that can be inflicted upon the relationship of spouses and upon the family founded on marriage. And this regularly leads to an appreciation for the importance of the preparation of spouses for marriage—both in the family during their upbringing, and in the catechesis and liturgical arrangements that precede ... Read More
  PubDate: 2021-12-12T00:00:00-05:00
1. Supreme Tribunal of the Apostolic Signatura—Decree of the
Secretary—September 4, 2015.
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  Abstract: Prot. n. 50325/15 CANDenegationis revocationis electionum(D.nus X –Pontificium Consilium pro Laicis)Incepto processu electorali apud suam Confraternitatem, D.nus X die 13 novembris 2014 denuo declarationem petiit nullitatis omnium decisionum commissionis electoralis et suspensionem dicti processus, sed die 14 novembris 2014 Rev.mus Vicarius generalis N petitiones reiecit. Qua decisione die 19 eiusdem mensis notificata, D.nus X die sequenti pro earum revocatione ad normam can. 1734 apud Rev.mum Vicarium generalem institit, et, immo, die 27 novembris 2014, invocato can. 1736, § 2, interim ab Exc.mo Episcopo suspensionem processus electoralis expetiit. Electione nihilominus die 29 eiusdem mensis peracta, idem D.nus ... Read More
  PubDate: 2021-12-12T00:00:00-05:00
2. Tribunal of the Roman Rota—Definitive Sentence coram
Caberletti—Nullitatis matrimonii [Error of Quality and Dolus]—April 2,
2019.
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  Abstract: Coram R. P. D. IORDANO CABERLETTI, Ponente COLORATENSIUM FONTIUM NULLITATIS MATRIMONII A. 68/2019 ________1. –Facti species. –Domina Rosa, anno 1975 nata, et dominus Augustinus, anno 1973 ortus, die 20 aprilis 1996 in ecclesia paroeciali intra fines dioeceseos Coloratensium Fontium nuptias canonicas celebraverunt.Mulier in familia receperat optimam institutionem in fide catholica et semper Ecclesiae Catholicae stricte iuncta mansit; vir autem assecla communitatis baptistae erat.Partes sibi obviam venerant tempore in quo adhuc studia persequebantur, domina Rosa septimum decimum aetatis annum agente et domino Augustino in decimo nono aetatis suae exstante.Consuetudo praenuptialis per fere quattuor annos ducta est. ... Read More
  PubDate: 2021-12-12T00:00:00-05:00
Dissertations and Theses
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  Abstract: The following dissertation projects were completed during the period of the autumn of 2016 to the present, resulting in conferral of the degree of Doctor of Canon Law by The Catholic University of America. These constitute the most recent additions to the Canon Law Studies series, which has been running since 1916.In keeping with standard academic practice in the United States, these dissertations have been published in microfilm form. Book-sized editions produced by photocopy, in either soft or hard bindings, 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 ... Read More
  PubDate: 2021-12-12T00:00:00-05:00