Cuestiones de Derecho Canónico y afines (1958–2004) by Vetera Et Nova (review)

community. Nine chapters consider such topics as the varying Christian understandings of biblical inspiration and inerrancy, the formation of the biblical canon in its ancient historical context, the relationship of Scripture and tradition, distinctions between understandings of doctrines and dogmas, the exercise of church teaching authority, the importance of the sensus fidelium and the sensus fidei and conflicts between the Church’s official magisterium and the thought of individual theologians. Relevant teachings of the Second Vatican Council are stressed throughout. Each chapter concludes with a short account of one to four disputed questions for further discussion and a wisely chosen bibliography. Readers are thus directed to further literature, including Gaillardetz’earlier book and several works of Francis A. Sullivan for more technical treatment of complex matters. By what Authority? provides a balanced and informative treatment of the major issues concerning its selected topics, with frequent reference to the varying conceptions of revelation which underlie divergent positions. There is some repetition, and some examples, such as the references to Christ’s human freedom as no longer significant (98–99, 123), are open to dispute. The boxed summary on papal teaching (80) omits the category of encyclicals addressed to the bishops of a given region. On the whole, however, Gaillardetz has achieved his established goals, and his book will prove helpful to its envisioned audience. John P. Galvin School of Theology and Religious Studies The Catholic University of America Washington, D.C. VETERA ET NOVA. Cuestiones de Derecho Canónico y afines (1958–2004). Segunda edición remodelada by Javier Hervada. Pamplona : Navarra Gráficas Ediciones, 2005. Most canonists and other jurists know some writings of Javier Hervada in canon law, natural law, and the general theory of law. Although most of the texts are in Spanish or Italian, the Code of Canon Law Annotated (cc. 204–231, 1055–1062 and 1141–1165) and the Exegetical Commentary (Prologue I, written with Lombardia, and cc. 294–297) contain Hervada’s English contributions. He ranks as one of the leading scholars in canon law and law in general at the University of Navarra. book reviews 307 308 the jurist This text is the second modified edition of the collected papers published in 1991. The first edition in two volumes included forty-six papers , most published in a variety of Festschrifts, reviews and specialized magazines. Of the forty-six papers, fourteen are excluded from this second revised edition. Some had been included in another book on marriage (Una caro, Pamplona 2000); others were considered too circumstantial to be retained. This new edition contains thirty-five essays, of which three were not incorporated in previous volumes. The author offers rich insights in dealing with the freedom of the children of God in the juridical context, dedicating three papers to these aspects . Two fundamental essays study the sacramental root of canon law reflecting the author’s perspective on the general theory of canon law. Other essays address fundamental legislation and ordinary laws, natural law, and the canonical system, or the classical definition of justice. A number of papers describe the Church-state relationship and the role of the laity. Still other articles contain the concept of governance in the Church well rooted in constitutional canon law, like incardination under the conciliar perspective or the present meaning of the territoriality principle . In this collection only one is in English: “Personal Prelatures from Vatican II to the New Code,” published in collaboration with W. H. Stetson in The Jurist. Three other articles discuss canonical aspects of personal prelatures and three specifically on the prelature of Opus Dei. Hervada chose to present the articles in the chronological order of their writing. They have not been updated. The advantage of this decision is to understand the reasoning of the author in the moment of the writing, while the disadvantage is that the text does not present an update of the evolution of the law. Nevertheless, the articles present basic concepts; the reasons are still valid in most cases. The insights of the author in many fields present a great contribution to a robust juridical reasoning. The variety of subjects covered in the thirty-five papers could be useful for anyone interested...