Project MUSE®: The Jurist: Studies in Church Law and Ministry - Latest Articles
https://muse.jhu.edu/journal/566
Project MUSE®: Latest articles in The Jurist: Studies in Church Law and Ministry.daily12026-05-16T00:00:00-05:00text/htmlen-USVol. 67 (2007) through current issueLatest Articles: The Jurist: Studies in Church Law and MinistryTWOProject MUSE®The Jurist: Studies in Church Law and Ministry2326-62360022-6858Latest articles in The Jurist: Studies in Church Law and Ministry. Feed provided by Project MUSE®Some Further Remarks on the Duty of the Faithful to Promote Social Justice (c. 222 §2)
https://muse.jhu.edu/article/976030
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The second paragraph of canon 222 of the 1983 Code of Canon Law declares the existence of a juridical duty of all the faithful to promote social justice (iustitiam socialem promovendi). However, although various scholarly papers have been dedicated to the analysis of this duty, for a number of reasons pertaining to the difficulty of grasping the exact meaning of the term “social justice,” it is still far from clear what is the precise object and the general character of this duty.1 The aim of this paper is to offer some further remarks that have not been advanced in these previous scholarly papers, which will hopefully contribute to a better understanding of the duty stated in canon 222 §2 of the 1983 code.First
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Project MUSE®https://muse.jhu.edu/2026-05-16T00:00:00-05:00https://muse.jhu.edu/journal/566/image/coversmallSome Further Remarks on the Duty of the Faithful to Promote Social Justice (c. 222 §2)2025-12-11text/htmlen-USSome Further Remarks on the Duty of the Faithful to Promote Social Justice (c. 222 §2)2025-12-112025TWOProject MUSE®1334252026-05-16T00:00:00-05:002025-12-11Perfect Contrition and the Intention to Confess Quam primum in Canon 916
https://muse.jhu.edu/article/976031
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The 1983 Code of Canon Law contains an innovation with respect to the Catholic moral tradition’s teaching on perfect contrition. Canon 916 states that a person who is conscious of grave sin may, in certain circumstances, approach Holy Communion without first receiving the sacrament of penance provided that he or she makes “an act of perfect contrition which includes the resolution of confessing as soon as possible.”1 While the desire for the sacrament (votum sacramenti) is a clearly delineated component of perfect contrition in the Church’s magisterial teaching, the theological tradition has not historically held that perfect contrition demands a person intend to confess “as soon as possible” (quam primum). The
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Project MUSE®https://muse.jhu.edu/2026-05-16T00:00:00-05:00https://muse.jhu.edu/journal/566/image/coversmallPerfect Contrition and the Intention to Confess Quam primum in Canon 9162025-12-11text/htmlen-USPerfect Contrition and the Intention to Confess Quam primum in Canon 9162025-12-112025TWOProject MUSE®1086072026-05-16T00:00:00-05:002025-12-11Combating Financial Misconduct in Parishes: Revised Penal Law and Preventive Measures
https://muse.jhu.edu/article/976032
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Financial misconduct in parishes, including embezzlement, mis-appropriation of funds (e.g., using donations for unauthorized purposes), and fraudulent accounting, poses a significant challenge to the Church’s mission. In 2022, for instance, the Diocese of Palm Beach, Florida, reported losses of nearly $1.5 million due to embezzlement by a former pastor and his parish bookkeeper at Holy Cross Parish, Vero Beach,1 highlighting the urgency of addressing this issue. Such offenses often involve pastors, parochial administrators, or lay bookkeepers who help manage parish funds, diverting resources for personal gain or unauthorized uses.When the management of parish goods is deliberately malicious or grossly negligent, it
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Project MUSE®https://muse.jhu.edu/2026-05-16T00:00:00-05:00https://muse.jhu.edu/journal/566/image/coversmallCombating Financial Misconduct in Parishes: Revised Penal Law and Preventive Measures2025-12-11text/htmlen-USCombating Financial Misconduct in Parishes: Revised Penal Law and Preventive Measures2025-12-112025TWOProject MUSE®1309212026-05-16T00:00:00-05:002025-12-111. Supreme Tribunal of the Apostolic Signatura, definitive sentence of the College coram Agustoni, Piae voluntatis, prot. n. 21101/89 CA, January 16, 1993
https://muse.jhu.edu/article/976033
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The following commentary addresses the definitive sentence of the Apostolic Signatura in the contentious-administrative case, coram Agustoni (prot. n. 21101/89 CA). After an introduction into the original controversy, the focus lies on the judgment’s statements regarding the right of access to files in hierarchical recourses, as well as the procedural approach taken by the Signatura.The sentence of the Apostolic Signatura under discussion concerns a dispute over the use of a pious will’s goods according to their original designation.1 Specifically, it involves a preschool project in the hamlet Z of the city N, for which the testator Y bequeathed 20,000 Italian lire to a religious community in 1912. His widow W
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Project MUSE®https://muse.jhu.edu/2026-05-16T00:00:00-05:00https://muse.jhu.edu/journal/566/image/coversmall1. Supreme Tribunal of the Apostolic Signatura, definitive sentence of the College coram Agustoni, Piae voluntatis, prot. n. 21101/89 CA, January 16, 19932025-12-11text/htmlen-US1. Supreme Tribunal of the Apostolic Signatura, definitive sentence of the College coram Agustoni, Piae voluntatis, prot. n. 21101/89 CA, January 16, 19932025-12-112025TWOProject MUSE®721152026-05-16T00:00:00-05:002025-12-112. Supreme Tribunal of the Apostolic Signatura, definitive sentence of the College coram Coccopalmerio, Discessus elapsis votis temporariis et nullitatis professionis perpetuae, prot. n. 30041-B/99 CA, December 4, 2004
https://muse.jhu.edu/article/976034
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In the definitive sentence presented here from the Apostolic Signatura, the Supreme Tribunal decided the recourse of Sister Q (also known as Sister X and Ms. X) against a decree of the Congregation for Institutes of Consecrated Life and Societies of Apostolic (CICLSAL).1 CICLSAL informed Sister Q that her perpetual profession, which she remarkably pronounced on two separate occasions, was invalid and, because her temporary profession had expired,2 ordered her immediate expulsion from Monastery S in T. In the present case, the College of Judges3 ruled in favor of Sister Q, having determined that CICLSAL’s decree violated the law in the procedure used as well as in the decision’s substance. Recall that “the Signatura
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Project MUSE®https://muse.jhu.edu/2026-05-16T00:00:00-05:00https://muse.jhu.edu/journal/566/image/coversmall2. Supreme Tribunal of the Apostolic Signatura, definitive sentence of the College coram Coccopalmerio, Discessus elapsis votis temporariis et nullitatis professionis perpetuae, prot. n. 30041-B/99 CA, December 4, 20042025-12-11text/htmlen-US2. Supreme Tribunal of the Apostolic Signatura, definitive sentence of the College coram Coccopalmerio, Discessus elapsis votis temporariis et nullitatis professionis perpetuae, prot. n. 30041-B/99 CA, December 4, 20042025-12-112025TWOProject MUSE®813652026-05-16T00:00:00-05:002025-12-113. Tribunal of the Roman Rota, decree coram Bunge, Nullitatis matrimonii; Prael.: Nullitatis sententiae et Admissionis appellationis, B. 37/2024, March 7, 2024
https://muse.jhu.edu/article/976035
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The Latin text of this decree is published with the permission of the Tribunal of the Roman Rota, and the unofficial English translation of it was prepared by Rev. Brian T. Austin
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Project MUSE®https://muse.jhu.edu/2026-05-16T00:00:00-05:00https://muse.jhu.edu/journal/566/image/coversmall3. Tribunal of the Roman Rota, decree coram Bunge, Nullitatis matrimonii; Prael.: Nullitatis sententiae et Admissionis appellationis, B. 37/2024, March 7, 20242025-12-11text/htmlen-US3. Tribunal of the Roman Rota, decree coram Bunge, Nullitatis matrimonii; Prael.: Nullitatis sententiae et Admissionis appellationis, B. 37/2024, March 7, 20242025-12-112025TWOProject MUSE®239052026-05-16T00:00:00-05:002025-12-11The Judicial Protection of Priestly Ministry in the Jurisprudence of the Apostolic Signatura
https://muse.jhu.edu/article/976036
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“Si tratti dello stato clericale,che costituisce il cuore della vita della Chiesa.”1The holy priesthood of the New Covenant is a mystery, sacrament, and vocation that is foundational and central to the life of the Church. For it was instituted by Christ the Lord at the culmination of his earthly ministry at the Last Supper, was embodied and expressed above all in the perfect offering of himself on the cross and in the Eucharistic species, and was bestowed by him upon the apostles. Their successors over the ages and up to the present day assume this same priesthood of Christ and impart a share in it through presbyteral ordination upon men who are called by the Church and freely respond to that call. By means of
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Project MUSE®https://muse.jhu.edu/2026-05-16T00:00:00-05:00https://muse.jhu.edu/journal/566/image/coversmallThe Judicial Protection of Priestly Ministry in the Jurisprudence of the Apostolic Signatura2025-12-11text/htmlen-USThe Judicial Protection of Priestly Ministry in the Jurisprudence of the Apostolic Signatura2025-12-112025TWOProject MUSE®1637142026-05-16T00:00:00-05:002025-12-11Changing Liturgical Perspectives: Priorities and Emphases from the Time of the Reform to the Present Day
https://muse.jhu.edu/article/976037
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It is an honor to have been invited to deliver this lecture, part of a series named in honor of Monsignor Frederick McManus. I never had the pleasure of meeting him in person, although he was still teaching at The Catholic University of America when I was a seminarian at Mount St. Mary’s in Emmitsburg, not far from here. While this series is open to the consideration of any liturgical topic, I found myself thinking about Monsignor McManus himself and the important work that he did at the time of the liturgical reforms. What catches my attention is the fact that I have had the privilege of holding several positions during my years of priesthood similar to some of those held by the good Monsignor: we both worked on
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Project MUSE®https://muse.jhu.edu/2026-05-16T00:00:00-05:00https://muse.jhu.edu/journal/566/image/coversmallChanging Liturgical Perspectives: Priorities and Emphases from the Time of the Reform to the Present Day2025-12-11text/htmlen-USChanging Liturgical Perspectives: Priorities and Emphases from the Time of the Reform to the Present Day2025-12-112025TWOProject MUSE®409932026-05-16T00:00:00-05:002025-12-114. Tribunal of the Roman Rota, decree coram Arokiaraj, Nullitatis matrimonii; Prael.: Nullitatis sententiae, B. 124/2024, October 23, 2024
https://muse.jhu.edu/article/976038
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The Rotal decrees under commentary deal with two distinct cases of nullity of judicial decisions caused by different kinds of procedural violation.1 Since these are completely different cases, and in view of the limited space available, we will deal directly with the two juris-prudential cases under examination, without dwelling on preliminary considerations.The first decree under commentary deals with the nullity of a sentence issued on appeal that declared a marriage invalid on a ground of nullity (the petitioner’s inability to assume, ex c. 1095, 3º) never agreed upon either in the first or, even less so, in the second instance.The Roman Rota notes, on the basis of the proceedings, that during the appeal
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Project MUSE®https://muse.jhu.edu/2026-05-16T00:00:00-05:00https://muse.jhu.edu/journal/566/image/coversmall4. Tribunal of the Roman Rota, decree coram Arokiaraj, Nullitatis matrimonii; Prael.: Nullitatis sententiae, B. 124/2024, October 23, 20242025-12-11text/htmlen-US4. Tribunal of the Roman Rota, decree coram Arokiaraj, Nullitatis matrimonii; Prael.: Nullitatis sententiae, B. 124/2024, October 23, 20242025-12-112025TWOProject MUSE®855812026-05-16T00:00:00-05:002025-12-11Trattato di diritto canonico orientale per latini by Pablo Gefaell (review)
https://muse.jhu.edu/article/976039
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Rather than a treatise (trattato), this volume can be viewed as a compilation of the author’s serious and valid studies over more than thirty years in the field of Eastern canon law. It is certainly a welcome response to the repeated call of the legislator (Pope John Paul II) for comparative studies of the two codes of canon law of the Catholic Church. After a preface, the work is divided into thirteen chapters, many of which deal with the canons and themes of the Code of Canons of the Eastern Churches. The thirteenth and longest chapter (359–441) on ecumenism is largely extra-codal. Although there is a table of contents, there is no index with respect to subject-matter, authors, or canons cited. The selected
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Project MUSE®https://muse.jhu.edu/2026-05-16T00:00:00-05:00https://muse.jhu.edu/journal/566/image/coversmallTrattato di diritto canonico orientale per latini by Pablo Gefaell (review)2025-12-11text/htmlen-USTrattato di diritto canonico orientale per latini by Pablo Gefaell (review)2025-12-112025TWOProject MUSE®37542026-05-16T00:00:00-05:002025-12-11In the Service of Justice: Exploring Canon Law, Civil Law and Theology. A Festschrift in Honour of Prof. Dr Varghese Koluthara CMI ed. by Benny Sebastian Tharakunnel (review)
https://muse.jhu.edu/article/976040
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The Institute of Oriental Canon Law at Dharmaram Vidya Kshetram (DVK) Pontifical Athenaeum in Bengaluru, India has since 2000 published “works in the area of Comparative Studies of Oriental and Latin Codes of Canon Law and Comparative Studies of Canon Law and Civil Law” in the series Dharmaram Canonical Studies. The book reviewed here, the thirty-seventh in the series, is a collection of essays honoring Reverend Doctor Varghese Koluthara, CMI, on the occasion of his seventieth birthday. As explained in the book’s introductory sections, Father Koluthara has taught and written extensively on canonical subjects and, most significantly, served as director of the Institute of Oriental Canon Law at DVK for nearly its
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Project MUSE®https://muse.jhu.edu/2026-05-16T00:00:00-05:00https://muse.jhu.edu/journal/566/image/coversmallIn the Service of Justice: Exploring Canon Law, Civil Law and Theology. A Festschrift in Honour of Prof. Dr Varghese Koluthara CMI ed. by Benny Sebastian Tharakunnel (review)2025-12-11text/htmlen-USIn the Service of Justice: Exploring Canon Law, Civil Law and Theology. A Festschrift in Honour of Prof. Dr Varghese Koluthara CMI ed. by Benny Sebastian Tharakunnel (review)2025-12-112025TWOProject MUSE®92272026-05-16T00:00:00-05:002025-12-11Il diritto nella Chiesa mistero di comunione. Compendio di diritto ecclesiale by Gianfranco Ghirlanda (review)
https://muse.jhu.edu/article/976041
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Between the start of the Second Vatican Council and the promulgation of the revised Code of Canon Law, the Church saw lively debates on many canonical topics, not excluding the most fundamental: the very foundations of canon law (i.e., what justifies or explains its existence as an essential part of the life of the Church), the nature and origin of sacred power, and the relationship between the power of orders and the power of governance. The debates during those two decades could be characterized as fragmentary and polemical, but the four decades that have passed since then have given many authors sufficient time to treat these fundamental topics more systematically and serenely.One such author is Gianfranco
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Project MUSE®https://muse.jhu.edu/2026-05-16T00:00:00-05:00https://muse.jhu.edu/journal/566/image/coversmallIl diritto nella Chiesa mistero di comunione. Compendio di diritto ecclesiale by Gianfranco Ghirlanda (review)2025-12-11text/htmlen-USIl diritto nella Chiesa mistero di comunione. Compendio di diritto ecclesiale by Gianfranco Ghirlanda (review)2025-12-112025TWOProject MUSE®65202026-05-16T00:00:00-05:002025-12-11Persona, errore e dolo nel matrimonio canonico by Benedict Ndubueze Ejeh (review)
https://muse.jhu.edu/article/976043
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This study focuses on canons 1096 (ignorance), 1097 (error of person and error of quality), 1098 (error induced by deceit), and 1099 (error of law/error determining the will). The study aims to bring together the doctrine and understanding of error, its historical background, as well as how the doctrine has developed and is presently understood by the jurisprudence of the Tribunal of the Roman Rota. The author presents clear definitions and distinctions (20–22) and a helpful history of how the doctrine developed (24–56). The text then considers each of these grounds of nullity in light of the present doctrine and jurisprudence. These last sections cover the theoretical background pretty comprehensively; they cover
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Project MUSE®https://muse.jhu.edu/2026-05-16T00:00:00-05:00https://muse.jhu.edu/journal/566/image/coversmallPersona, errore e dolo nel matrimonio canonico by Benedict Ndubueze Ejeh (review)2025-12-11text/htmlen-USPersona, errore e dolo nel matrimonio canonico by Benedict Ndubueze Ejeh (review)2025-12-112025TWOProject MUSE®73182026-05-16T00:00:00-05:002025-12-11Dissertations and Theses
https://muse.jhu.edu/article/976044
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The following dissertation was completed during the year 2025, resulting in conferral of the degree of Doctor of Canon Law by The Catholic University of America. This dissertation constitutes the most recent addition to the Canon Law Studies series, which has been running since the year 1916.In keeping with standard academic practice in the United States, this dissertation has been published in microfilm form. A book-sized edition produced by photocopy, in either soft or hard binding, can be obtained. Orders may be placed directly from University Microfilms International, 300 N. Zeeb Road, Ann Arbor, MI 48106, or University Publications International, White Swan House, Godstone, Surrey RH9 8LW, England. Please
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Project MUSE®https://muse.jhu.edu/2026-05-16T00:00:00-05:00https://muse.jhu.edu/journal/566/image/coversmallDissertations and Theses2025-12-11text/htmlen-USDissertations and Theses2025-12-112025TWOProject MUSE®133882026-05-16T00:00:00-05:002025-12-11La cooperación del laico en la potestad de régimen: ¿Participación o ayuda? Canon 129 §2 by María Victoria Álvarez del Castillo (review)
https://muse.jhu.edu/article/977246
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This 2024 doctoral dissertation offers a comprehensive overview of the thorny question of lay cooperation in the exercise of governance, ambiguously articulated in canon 129 §2 of the 1983 CIC. The study begins with a summary of three traditional theories concerning the transmission of governance: the unitary theory of sacred ordination solely, articulated by W. Bertrams, E. Molano and K. Morsdorf (“the German School”); an intermediate theory in which both sacred ordination and canonical missio are required to exercise governance, articulated by E. Labandeira; and the theory of double transmission by means of sacred ordination or canonical missio, articulated by J. Hervada, G. Ghirlanda, and M.E. Gonzalez.The
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Project MUSE®https://muse.jhu.edu/2026-05-16T00:00:00-05:00https://muse.jhu.edu/journal/566/image/coversmallLa cooperación del laico en la potestad de régimen: ¿Participación o ayuda? Canon 129 §2 by María Victoria Álvarez del Castillo (review)2025-12-11text/htmlen-USLa cooperación del laico en la potestad de régimen: ¿Participación o ayuda? Canon 129 §2 by María Victoria Álvarez del Castillo (review)2025-12-112025TWOProject MUSE®61372026-05-16T00:00:00-05:002025-12-11