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In the drafting of the section on other acts of worship, and sacred places and times in the current Code, it was necessary to define and distinguish between canon and liturgical law in order to decide which canons were to be retained and which might be rewritten into the new text of the CIC. This paper explores the documents that deal with this subject, already known due to the publication of the proceedings, and presents fragments of other, previously unpublished documents, from the ‘minutes’ of the process stored in the archive of the Dicastery for Legislative Texts. [ABSTRACT FROM AUTHOR]

This paper explores the concept of crime and the different types of crimes included in Revised Book VI, comparing it with the previous version of Book VI in the 1983 Code of Canon Law, and highlighting similarities, differences and novelties. Some critical commentary is also provided, comprising proposals de iure condendo. The new system of titles categorizing the different crimes is discussed, as one of the most innovative and positive elements of the reform. The new types of crime outlined in Part II of the new Book VI are briefly described, except those in c. 1398, which would require more detailed, separate study. The author also analyzes the origins of the newly included crimes. Finally, the paper describes the most innovative and positive aspects of Revised Book VI, such as the formulation of the principle of the presumption of innocence, new financial crimes, etc. [ABSTRACT FROM AUTHOR]

The oath was historically one of the most important institutions in legal procedure. Its form was established in perfect detail by the classical canonists, who thereby ensured that its application would continue into modern times. Its origins can be found in Holy Scripture, in both Old and New Testaments, and an important factor in its development was traditional Roman law, which has always played a crucial role in the evolution of canon law. Precisely through the agency of the oath, defined in one sense as a particular form of ordeal, it became possible later to progress from the older type of common-law ordeals towards the standard of Roman-canon law full proof, and equally to the principle of free assessment of evidence by a judge. The main aim of this paper is to present the conceptual definition of the oath as an institution in classical canon law specifically on the basis of the most important sources and procedural-law manuals, describing its origins in the Bible and Roman law and emphasizing its role in the formation of modernday procedural standards. [ABSTRACT FROM AUTHOR]

This paper aims to contribute to the discussion on the best way of approaching Canonical Administrative Law, one of the most extensive and recent branches of Canon Law. To this end, it proposes recourse to the traditional forms of administrative intervention used by secular approaches in this area (control, public service and promotion) to categorize the way in which administrative functions are exercised in the Church. The article argues for the suitability of these categories to organize and explain many of the actions of ecclesiastical administrative bodies, as well as to improve their regulation by taking developments in secular law as a standard. [ABSTRACT FROM AUTHOR]

This paper explores the problematic issue of the general principles of law within the canon law system. First, particular features attributable solely to legal principles or rules are selected, which - the author goes on to argue - are distinguishable from one another only in terms of the number or degree to which they are applied in practice. Second, a number of these characteristics are discussed in relation to principles in terms of the general and indeterminate nature of the latter, taking into account the relative weighting of principles and the relationships between them. The paper concludes with some reflections on the true value of principles in the context of canon law argument and interpretation, as well as in the extensive history and experience of practice. [ABSTRACT FROM AUTHOR]

This paper analyzes the reform of the penal canon law promulgated by Pope Francis via the Apostolic Constitution Pascite gregem Dei, in light of the events that occurred in the years of the writing of Book VI, particularly 1967-1970. The latent issue arising from the documents and meetings of the study group, viz. the apparent incompatibility between justice and pastorality, asserted by a significant number of scholars at that time, is also assessed. Finally, this reform by Pope Francis is shown to constitute a change of mentality in the law of the Church, since it frames penal power as a tool in the service of justice and the pastoral government of the Church as a whole. [ABSTRACT FROM AUTHOR]

Ten years have passed since the publication of the Motu Proprio Omnium in mentem, a norm that removed the clause concerning the formal act of abandonment from the Code of Canon Law and, along with it, some technical mechanisms linked to that provision. The purpose of this paper is to explore the legal-pastoral repercussions of this legal measure. To this end, the causes that prompted the promulgation of the Motu Proprio are described, as is the process by which it was drafted, focusing in particular on the doctrinal and disciplinary implications the law may entail, and offering an assessment of its appositeness. [ABSTRACT FROM AUTHOR]

Javier Hervada has studied the doctrine of Pedro Lombardía on several occasions. In a recent, short article, he summarized his studies on the matter, pointing out in a precise way each main point in his master's thinking; all of Lombardía's thought is condensed in the text. The purpose of this paper is to trace a complete and detailed perspective of Lombardía's views, including the scholarly grounds on which they are based. Hervada uses the latter principles to encapsulate Lombardía's work; they are used here to identify the root of Lombardía's conception of the nature of canon law, the influences to which he responded, as well as the impact of each, and the ultimate conclusion of his line of thought. [ABSTRACT FROM AUTHOR]

This paper analyses the role of the bishop as judge in light of Motu Proprio Mitis Iudex Dominus Iesus, promulgated by Pope Francis on 15 August 2015. The analysis addresses these four main issues: 1. is the normative character of the text an innovation or a rediscovery? 2. the historical background; 3. the requirements of the new legislation; and 4. problematic issues and challenges. The first two points lay the groundwork for further consideration, while the latter two aim to clarify the scope of the legislation and highlight potential challenges in its application. Indeed, the final point is framed as an «open conclusion», as responses may be expected to arise through both the experience of Bishop-Judges in carrying out their juridical role and in the application of the legislation contained in the Motu Proprio. [ABSTRACT FROM AUTHOR]

Pedro Lombardía was probably the most influential canon lawyer in the last two centuries. In addition to his significant contributions to the reform of the Code of Canon Law and to the constitutional law of the Catholic Church, he had a decisive impact on the methodological renewal of the study of canon law in Spanish universities; in conjunction with a number of colleagues, he set up an international, pluralist scholarly network of canon lawyers and fostered the studies of law and religion in Spain. The purpose of this paper is to explain how Lombardía’s Christian faith is indispensable to an understanding of his work as a canonist. [ABSTRACT FROM AUTHOR]

Not only did the authorities of Catholic institutions in the Early Modern Age enjoy contentious jurisdiction, they also had a power known as «voluntary jurisdiction», which encompassed the administrative activity of bishops. Despite its importance, few detailed studies have been carried out on this matter, particularly in relation to the period dealt with in this paper. The aim here is to trace the features and meaning of voluntary jurisdiction through a reading of canonical sources and documents from the diocesan archives in Extremadura, in order to understand the situation of Castilian dioceses from the 16th to 18th centuries. The study sets out the basic characteristics of governmental procedures in the Church so as to lay the foundation for future research into Diplomatics or the History of Canon Law. [ABSTRACT FROM AUTHOR]

The Apostolic Constitution Anglicanorum coetibus concerning personal ordinariates for former Anglicans has prompted interest not only because of its implications for ecumenism, but also because of the canonical issues it involves. The purpose of this paper is to offer a systematic exploration of the relationship between the structures of personal ordinariate and personal prelature. A number of key aspects are highlighted in this regard, some new developments are cited, and proposals for further doctrinal dialogue based on the 1983 Code of Canon Law are advanced. [ABSTRACT FROM AUTHOR]

This paper explores canonical administrative activity in relation to buildings and other places of worship (churches, oratories, private chapels and sanctuaries) in church praxis in Italy, based on CIC rules and instructions issued by the Italian episcopal conference. In light of an analysis of the elements and effects of deputatio ad cultum, reparatio iniuriae and reductio ad usus profanos, the praxis with regard to concerts, tours, exhibitions, etc. is addressed, as well as the award of licenses and approvals relating to places of worship. The Italy-specific system enabling the juridical-pastoral description of churches established by the Italian episcopal conference is a particular focus of inquiry, along with agreements drafted to commend or concede the use of a church. Finally, the praxis governing the construction of new churches in the Diocese of Rome, which is entrusted exclusively to the ORPF, is discussed. The appendices comprise a set of model forms and regulations used in Italy. [ABSTRACT FROM AUTHOR]

This paper is primarily concerned with two issues that arose in relation to the recent exercise of normative power by the Roman Curia. The first issue relates to the normative activity of the Congregation for the Doctrine of Faith; the conclusion reached is that the process of clarification, publication and procedural control in the normative activity of this dicastery of the Roman Curia is not yet fully complete. The second question involves a discussion of the "instructions" issued by Pontifical Councils of the Roman Curia, which have given rise to a deviation from the provisions set out in the 1983 Code of Canon Law. The conclusion in this regard is that the normative activity of the dicasteries of the Roman Curia must always be guided by systematic criteria of legality, which facilitate good governance and preclude the simple accumulation of specific norms to meet the pragmatic interest of the authority in different circumstances. [ABSTRACT FROM AUTHOR]

Rather than raise new questions regarding Canon 1095, the purpose of this paper is to collate the author's views and arguments on such issues as presented in a range of previous articles. Thirty years of study in this regard discloses the difficulty involved in interpreting it correctly. The following topics, which have been addressed in considerable detail in terms of both jurisprudence and doctrine, are referenced here: a) the meaning of emotional or psychoemotional immaturity; b) the juridical definition of the "lack of internal freedom"; c) the admissibility or non-admissibility of relative incapacity; d) the relationship between discretion of judgment and the capacity to assume obligations, and the issue of autonomy mentioned in number three of canon 1095. This final aspect is discussed in most detail because it is key to any clear understanding and application of Canon 1095. [ABSTRACT FROM AUTHOR]

The existing Canon Law is profoundly marked by a codification technique adopted with the promulgation of the 1917 Code. This paper highlights the distinctive nature of the first canonical codification as compared with the codification of secular legal systems, and explores in detail the causes (both legal and ecclesiological) and consequences of this first canonical codification. The second, current canonical codification is also analyzed in light of the new juridical and ecclesiological context of the final third of the 20th century, so as to establish its exact meaning and practical use. Finally, the place of Canon Law in the broader context of the development of the Western legal tradition is also addressed. Thus, the overall purpose is to set out the positive and negative conditioning factors of a legal technique that cannot be regarded as neutral. [ABSTRACT FROM AUTHOR]

Canons 1008 and 1009, which relate to the sacrament of Holy Orders, have been altered by Motu Proprio Omnium in mentem, wherein the formula «withdrawal from the Church by a formal act» with regard to a number of specific aspects of the sacrament of Marriage is revoked. While a brief reference to the aforementioned issue is made, the purpose of this paper is to explore in detail the reasons that prompted the Pope to modify the literal meaning of c. 1008 in a significant way, and to append a new paragraph to c. 1009. The Pontiff's intent is to shed new light on the theological-canonical dimension of the unity and diversity of the sacrament of Holy Orders so as to frame diaconal ordination and priestly ordination in the Christological and ecclesiological framework proper to each. The theological status of diaconal ordination as defined in the teaching of the Magisterium and in the revised canons is a particular focus of inquiry. [ABSTRACT FROM AUTHOR]

This article offers an overview of the transmission of canonical texts, as well as recent discoveries in this regard. In light of a key concern for access to genuine texts, the first section explores the development of text transmission, referencing relevant Christian texts that are not canonical in the strict sense. The second section describes the current state of affairs with regard to research, highlighting the main advances in the last century. This paper provides academics and scholars, including those whose knowledge of canonical sources may be more limited, with useful, up-to-date information regarding the various resources, bibliographical sources and textual editions on which they may draw in further research. [ABSTRACT FROM AUTHOR]

A significant number of associations of the faithful have been established in Spanish dioceses, and play an important part in the life and structure of the Church. Many of these are national or diocesan associations, established as public or private legal persons by the Episcopal Conference or the local Bishop in accordance with the Code of Canon Law and particular canonical regulation. Given that it adapts the regulation of the Code to the needs of each diocese, setting out criteria with regard to the procedure by which associations of the faithful are established, their juridical status and the role of ecclesiastical authority in their regard, such particular law is of great significance. However, it is difficult to come by knowledge of this particular law, especially at a diocesan level. The purpose of this study is to provide an overview of particular law relating to associations of the faithful in Spain. The rules defined by the Spanish Episcopal Conference are analyzed, with particular reference to the important 1986 Instruction on the matter. The extensive diocesan rules for associations of the faithful are also compiled in this paper, presenting the main features and the complications to which such regulation may give rise. [ABSTRACT FROM AUTHOR]

This work presents the conference delivered by the author in the Actualization Course organized by the Faculty of Canon Law of the University of Navarre on the occasion of the 25th anniversary of the promulgation of the Code of Canon Law. The author intends, in one hand, to make an appraisal, in the other, to point out perspectives, problems, areas which need a major reflection, and open questions in the sphere of the consecrated life. In accordance to this, the paper has two well-differentiated parts. In the first, it is intended to present some keys which regulate the actual norms of the part III of book II, about the institutes of consecrated life. In the second, however, some actual questions in the subject are dealt with, which, in the opinion of the author, are charged with foremost interest: the union of the members of the ICL to ecclesial movements, the collaboration of the laity in the religious institutes and, above all, the new forms of the consecrated life (cfr. 605 CIC). [ABSTRACT FROM AUTHOR]