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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]

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]

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]