La Legge Canonica nella Vita della Chiesa Indagine e Prospettive nel Segno del Recente Magistero Pontificio (review)
- The Jurist: Studies in Church Law and Ministry
- The Catholic University of America Press
- Volume 71, Number 1, 2011
- pp. 247-249
- View Citation
- Additional Information
fessor emeritus Hartmut Zapp declared his departure from the Church in 2007. A broader controversy is addressed since C. Huber (Speyer) devotes his attention to a critique of Georg Bier (Freiburg im Breisgau) regarding the latter’s critical views of the legal place of the diocesan bishop in the 1983 code. In so doing the former publicly reinforces the earlier published views of Ludger Müller. Since many of the authors necessarily orient their work in terms of the language of church documents, their contributions occasionally do not seem to be as in touch with the real issues as they might be. The book contains an index of sources (1917 code, Vatican II, 1983 code, and the Eastern code); however, it lacks an index of persons or issues treated; therefore it is not always easy to locate where such issues are discussed or certain authors are cited. Knut Walf Professor Emeritus University of Nijmegen Nijmegen, Netherlands LA LEGGE CANONICA NELLA VITA DELLA CHIESA INDAGINE E PROSPETTIVE NEL SEGNO DEL RECENTE MAGISTERO PONTIFICIO. Libreria Editrice Vaticana, 2008. Numerous canonical faculties, other institutions, and journals took the occasion of the twenty fifth anniversary of the promulgation of the 1983 Latin code to sponsor study sessions or special issues2 to explore various implications of that significant event. The Holy See was no exception to this rule. On January 24–25, 2008 the Pontifical Council for Legislative Texts (hereafter Pontifical Council) convened a study session in Rome to celebrate the aforementioned anniversary. The gathering was viewed as a moment of useful reflection on the Roman Curia’s service of the Roman Pontiff in his role as Supreme Legislator. Nearly 900 professors, practitioners, and students of the law from the Roman canon law faculties and other institutions gathered in the aula of the Synod of Bishops to listen to presentations on the implementation of the code generally by selected heads of the curial dicasteries. A prime objective of the papers in this volume was to offer a first general assessment of the legal development prompted by the code at various levels. book reviews 247 2 See, for example, The Jurist 69 (2009) 377–730. 248 the jurist The study session reflected the Pontifical Council’s view of its role of monitoring the adequacy of universal legislation and possibly providing for its aggiornamento, a point highlighted by Benedict XVI in his brief remarks to the assembly. The session was viewed as providing the first comprehensive overview of the impact of the 1983 code in light of the recent pontifical Magisterium and perhaps gathering suggestions in view of possible legislative priorities for the future. Regrettably the brevity of the session and the corresponding limited number of papers precluded spending time on significant juridical concerns such as tribunal activity and the multiple institutional and associational expressions of shared responsibility and participation in church life. In short the papers in this volume largely reflect a synthesis of curial experience regarding the implementation of the code. In introducing the papers (25–27) Archbishop Coccopalmerio, the President of the Pontifical Council, stated that the goal of the session was not to engage in theoretical reflections on the law in its essential character but rather to view it as it influences the practical life of the Church. He also highlighted the significant role of the Magisterium in opening new paths for reflection and praxis. These somewhat practical expectations shaped the choice of speakers and the thrust of the various presentations, which generally break no new canonical ground but give useful insights into the mind of the various curial heads. Cardinal Bertone, the Secretary of State, somewhat surprisingly addresses the role of the Pontifical Council in service to the pope, especially by way of authentic interpretations and guaranteeing the correct application of the law (29–43). Cardinal Herranz, the former Pontifical Council president, discusses the continuing influence of the code in shaping postconciliar ecclesial life, especially in view of its responding to specific pastoral needs and protecting the integrity of the sacraments and the rights of the faithful (47–59). Cardinal Re, the former Prefect of the Congregation for Bishops, provides some brief but interesting reflections on episcopal legislative governance in the service...