Le Norme Generali, Commento al Codice di Diritto Canonico Libro Primo by Velasio De Paolis, Andrea D’Auria (review)
- The Jurist: Studies in Church Law and Ministry
- The Catholic University of America Press
- Volume 71, Number 1, 2011
- pp. 249-252
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- Additional Information
the Congregation for Catholic Education Cardinal Grocholewski provides an interesting examination of various pertinent texts on the postpromulgation teaching of canon law as well as some informative data on various canon law schools and faculties (115-132). Cardinal Rode, the former Prefect of the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, comments on the implications of the principle of subsidiarity for the relationship between the universal law and the various types of proper law of religious institutes and societies. This is done especially in light of the experience of the Congregation in reviewing proper law (135-146). Finally in the lengthiest text in the volume, Cardinal Erdö, the Archbishop of Budapest, takes as his theme: rigidity and elasticity of normative structures in the ecumenical dialogue (institutional elements in the code which are open to ecumenical dialogue) (149-178). He thoughtfully explores Catholic-Orthodox relationships in terms of pertinent theological-canonical issues that need to be resolved before genuine rapprochement between the churches can be realized. The work concludes with a brief index of persons (179–182) and an index of canons in the two codes (generally the Latin code) cited in the papers (183–187). An index of topics discussed in the volume would have enhanced its usefulness. However, on balance the work is worthy of consideration given its breadth of concerns if one also remembers its somewhat modest expectations. Thomas J. Green School of Canon Law The Catholic University of America Washington, D.C. LE NORME GENERALI, COMMENTO AL CODICE DI DIRITTO CANONICO LIBRO PRIMO byVelasio De Paolis andAndrea D’Auria . Rome: Urbaniana University Press, 2008. Having taught General Norms for several years to students new to the study of canon law, I appreciate the ambivalent nature of such a course. On the one hand, Book I of the Code of Canon Law contains the fundamental building blocks of the canonical system and, as such, is essential to the study of the law. On the other hand, many of the principles, concepts , legal tools, and canonical descriptions found therein can be fully appreciated only after substantial portions of the code and the Church’s book reviews 249 250 the jurist legal system have been studied. Due to scheduling issues one summer, I taught both beginning students and students with several semesters of study already completed; the former complained that they should not be studying General Norms until they had more experience of the code; the latter complained that they had not studied General Norms early enough to appreciate fully and utilize its principles and concepts. Both of these perspectives illustrate that the study of General Norms is essential to a proper implementation of the code in the Church’s life. This text, by two notable canonical scholars, significantly contributes to the study of Book I of the code in its presentation, organization, sources, bibliography, and analysis of these fundamental canons. The text is divided into sixteen chapters; the first two chapters present important fundamental material. Chapter one focuses on the Catholic Church and its juridic structure; chapter two offers an introduction to the Code of Canon Law. Such organization clearly demonstrates that the text is an indepth commentary on the canons, providing not only an analysis of a particular canon, but the context—theological, ecclesiological, canonical— necessary to the interpretation and application of these canons in the life of the Church. The subsequent fourteen chapters address the canons of Book I: chapter 3, the preliminary canons (cc. 1–6); chapter 4, the fontes of the law (introduction to cc. 7–95); chapter 5, ecclesiastical law (cc. 7–22); chapter 6, custom (cc. 23–28); chapter 7, general decrees and instructions (cc. 29–34); chapter 8, singular or individual administrative acts (divided into five subsections and covering cc. 35–93); chapter 9, statutes and rules of order (cc. 94–95); chapter 10, physical and juridic persons (cc. 96–123); chapter 11, juridic acts (cc. 124–128); chapter 12, power of governance (cc. 129–144); chapter 13, ecclesiastical offices (cc. 145–183); chapter 14, loss of ecclesiastical office (cc. 184–196); chapter 15, prescription (cc. 197–199); chapter 16, computation of time (cc. 200–203). The text...