DOCSLIB.ORG

Part Ii Religion Assimilating the Law Catholic Church Law: Challenges

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Part Ii Religion Assimilating the Law Catholic Church Law: Challenges Interdisciplinary Journal for Religion and Transformation in Contemporary Society 7 (2021) 95–124 brill.com/jrat Part Ii Religion Assimilating the Law ∵ Catholic Church Law: Challenges by Secular Law and Religious Pluralism Burkhard Josef Berkmann Holder of the Chair of Canon Law, in particular for Theological Foundations of Canon Law, General Norms and Constitutional Law as well as for Oriental Canon Law, Klaus Mörsdorf-Studium für Kanonistik, Ludwig-Maximilians-Universität München, Munich, Germany [email protected] Abstract This article examines the challenges which arise for Catholic canon law from the col- lision with secular law and the law of other religious communities. It begins by look- ing at the conditions provided by canon law itself in order to meet these challenges. Subsequently it addresses the specific challenges posed by secular law, especially human rights, and its general influence. Finally, it discusses the challenges posed by religious pluralism, first clarifying the church’s legal relationship with other religious communities and then addressing the very specific question of why church law also applies to non-members in certain cases. The conclusion is that catholic canon law is better equipped to face the current challenges than other religious laws. Nevertheless, there are fruitful tensions and inevitable breaks. © Burkhard Josef Berkmann, 2021 | doi:10.30965/23642807-BJA10009 This is an open access article distributed under the terms of the CC BY 4.0Downloaded license. from Brill.com09/25/2021 11:22:21AM via free access 96 Berkmann Keywords church and human rights – non-Catholics – non-Christians – divine law – legal norms – moral norms – legal sanctions 1 Challenges for Canon Law This article examines the challenges which arise for Catholic canon law from the collision with secular law and the law of other religious communities. It begins by looking at the conditions provided by canon law itself in order to meet these challenges. The next two sections cover the specific challenges posed by secular law, especially human rights, and its general influence. Two further sections discuss the challenges posed by religious pluralism; the first of these sections will clarify the church’s legal relationship with other religious communities, the second one will address the very specific question of why church law also applies to non-members in certain cases. In the end it will be necessary to examine whether canon law is sufficiently equipped to deal with the current challenges. 2 Principles of Catholic Canon Law Church law is the internal legal order of a church by which it regulates its own affairs. The scope of regulation primarily covers the organisational structure, offices and governing bodies, the legal status of the faithful, the proclamation of faith, the celebration of services, asset management, (criminal-) sanctions and litigation. The law of the Catholic Church is codified to a large extent. The “Code of Canon Law” (CIC) of 1983 applies to the Latin (Western) Church, while the “Code of the Canons of the Oriental Churches” (CCEO) of 1990 applies to the Eastern Catholic Churches. 2.1 Transcendent Foundations and Distinctions between Revealed Law and Human Legislation A certain scepticism about the law is evident in some passages of the New Testament. Redemption may certainly not be expected from mere fulfilment of the law. On the other hand, the existence of a legal system within the church is not simply owed to the necessity of an organisational order or to expedi- ency, but it is in fact theologically justified. Just as, according to the Christian doctrine of faith, Jesus Christ is both true God and true man (incarnation), the DownloadedJRAT from 7 Brill.com09/25/2021(2021) 95–124 11:22:21AM via free access Catholic Church Law 97 divine and the human elements merge into a single complex reality within the church as well.1 The church is therefore not only a spiritual community which would defy legal regulation, but also a visible assembly which, like every human society, needs a legal order. Considering this theological justification, it is debatable whether church law can be called law only in an analogous sense or in a literal one as well.2 In the ecclesiastical legal system, the distinction between divine and man- made law is presupposed. Divine law is based on a divine origin, whether it was given by God as an order to his creation and can be perceived by the light of natural reason (natural law), or whether it was communicated by God to human beings by revelation and is recognised in faith (positive divine law).3 Divine law is considered to be unchangeable and universally valid. The largest part of church law, however, is man-made law, which has its roots in human legislation within the church and can be adapted to local and temporal circumstances. 2.2 Legal and Moral Norms In the Catholic sphere, a distinction is made between morality and law. Church law only governs relations between legal subjects, while the relationship between God and man is not directly within its scope of regulation. There are, however, interfaces where moral norms become relevant in church law, and the codes of law even contain moral norms in cases where they form a context of meaning with legal ones. Müller demonstrated this by referring to the duty to strive for holiness4 and the duty to seek the truth.5 Both are mere moral duties but they are enshrined in the CIC (c. 210 or c. 748 § 1) because they are connected with genuinely legal duties and claims. In particular, individu- als have the legal right to access the truth, for example, the right to hear the gospel, while the ecclesiastical authorities have the legal duty to not hinder their access and to provide the necessary means, for example by preaching the gospel.6 The difference between legal and moral norms becomes more appar- ent in canon law than in the legal systems of many other religious communi- ties but is less distinct here than in state law. However, even secular law is never fully separated from other types of norms, as is evident from the importance of 1 Cf. Second Vatican Council, Lumen gentium, Art. 8. 2 Cf. Müller, Rechtscharakter, p. 9. 3 Cf. Weber, Art. Ius divinum – Ius humanum, p. 436. 4 Cf. Müller, Streben nach Heiligkeit, pp. 468–480. 5 Cf. Müller, Zum Glauben verpflichtet?, p. 402 et seq. 6 Cf. Berkmann, Nichtchristen, p. 230. JRAT 7 (2021) 95–124 Downloaded from Brill.com09/25/2021 11:22:21AM via free access 98 Berkmann public morality (“gute Sitten”) in private law, codes of ethics in commercial law or the decision of conscience in conscientious objection to military service. 2.3 Worldly (Temporal) or Eschatological Justice? The distinction between moral and legal norms is also reflected in sanctions. Kelsen distinguishes between the moral order and the religious order: the former remains completely without sanctions, while the latter imposes tran- scendent ones. But even so, it does not yet become a legal order characterised by sanctions to be imposed by a human authority.7 The reason why religious law has legal character is not found in the fact that it would entail transcen- dent sanctions but rather that it would entail sanctions in this world which are provided for by law and imposed or ascertained in due legal process. This is precisely the case in canon law. Anyone who misses the appeal deadline of c. 1630 § 1 CIC does not need to expect eternal damnation but rejection of the appeal by the ecclesiastical judge. An impotent person will not ‘go to hell’ for this reason but, according to c. 1084 CIC, cannot marry or may have to expect his or her marriage to be invalidated by an ecclesiastical tribunal. The various penalties generally consist of the deprivation of individual rights under canon law and are intended to protect the church community as well as to cause offenders to make amends. Legal norms differ from moral ones in the fact that they are not binding on the conscience, but as a result of external sanctions imposed in due legal process. This is true for state law as well as for canon law, which is why we can speak of law in its proper sense. However, ‘external sanc- tions’ must not be reduced to physical force. Such a view, often attributed to Kelsen, is nowadays no longer generally proposed. Especially when one was to compare different laws, the definition of law must not be to narrow.8 2.4 Distinction from Secular Law The distinction between secular and religious law is a fundamental principle within Christianity. The saying of Jesus Christ: “Give to Caesar what belongs to Caesar and to God what belongs to God!” (Matt 22:21) already contains this separation.9 In the first three centuries of Christianity, an ecclesiastical legal order already developed, but there were no Christian rulers yet. The law of the 7 Cf. Kelsen, Reine Rechtslehre, p. 28 et seq. 8 Donlan and Heckendorn Urscheler therefore suggest a functional definition of law. At the centre of this definition are two functions of law. The first consists in “establishing a rational conceptual framework that allows solving all cases according to a consistent pattern”. The second function “consists in the regulation of conduct and in the conflict resolution through institutionalized authority”, cf. Donlan and Heckendorn Urscheler, Concepts, p. 9. 9 Cf. Ferrari, Spirito, p. 239. DownloadedJRAT from 7 Brill.com09/25/2021(2021) 95–124 11:22:21AM via free access Catholic Church Law 99 early church was therefore always different from state law. Even in later times, disregarding the degree of closeness and intertwining of church and state, it was always clear that these were two different areas of law.
Load more

Recommended publications
  • Religious Studies
    RELIGIOUS STUDIES Religious Studies The Celtic Church in Ireland in the Fifth, Sixth and Seventh Centuries Unit AS 5 Content/Specification Section Page The Arrival of Christianity in Ireland 2 Evidence for the presence of Christianity in Ireland before the arrival of St. Patrick 6 Celtic Monasticism 11 Celtic Penitentials 17 Celtic Hagiography 21 Other Aspects of Human Experience Section 25 Glossary 42 RELIGIOUS STUDIES The Arrival of Christianity in Ireland © LindaMarieCaldwell/iStock/iStock/Thinkstock.com Learning Objective – demonstrate knowledge and understanding of, and critically evaluate the background to the arrival of Christianity in Ireland, including: • The political, social and religious background; • The arrival of and the evidence for Christianity in Ireland before Patrick; and • The significance of references to Palladius. This section requires students to explore: 1. The political, social and religious background in Ireland prior to the arrival of Christianity in Ireland. 2. Evidence of the arrival of Christianity in Ireland before Patrick (Pre-Patrician Christianity. 3. References to Palladius and the significance of these references to understanding the background to Christianity in Ireland before Patrick’s arrival. Early Irish society provided a great contrast to the society of the Roman Empire. For example, it had no towns or cities, no central government or no standard currency. Many Scholars have described it as tribal, rural, hierarchical and familiar. The Tuath was the basic political group or unit and was a piece of territory ruled by a King. It is estimated that there were about 150 such Tuath in pre – Christian Ireland. The basic social group was the fine and included all relations in the male line of descent.
    [Show full text]
  • Religious Law Versus Secular Law the Example of the Get Refusal in Dutch, English and Israeli Law
    Religious law versus secular law The example of the get refusal in Dutch, English and Israeli law Matthijs de Blois* 1. Introduction The revelation of the Torah on Mount Sinai as described in the book of Exodus is archetypical for religious law. ‘Then God spoke all these words (…).’1 Religious law is God-given. The law is theonomous and is binding ipso facto, independent of the consent of the governed. It may be a living instrument, but it is not subject to adaptation to changing opinions or practices among those who are bound by it. It is in that sense unchangeable, although it has to be interpreted by the members of the religious community or more specifically by those endowed with the task of interpreting the law. As far as the contents of the law are concerned, religious law tends to stress inter alia communal values and a submission to authority within hierarchical structures. It should also be underlined that in religious law there is no ‘public’ and ‘private’ distinction, which is so common to an Enlightenment approach to the law. It is not even possible to separate the relation- ship between God and man from those between men among each other. A violation of our obligations towards other persons implies a violation of God’s law and it therefore has its effect on the relationship with God. The religious is not a separate sphere next to the secular. There is no secular sphere. That is especially true for Judaism, which, in Maoz’s words, ‘encompasses all aspects of society and of an individual’s life.’2 In this day and age we can safely assume that religious law is based on a long tradition which already existed long before the idea of a pure secular law entered the scene with the Enlightenment.
    [Show full text]
  • Decree Establishing Particular Law for the Diocese of Stockton Concerning the Citation of the Parties in Cases Before the Tribunal
    Decree Establishing Particular Law for the Diocese of Stockton Concerning the Citation of the Parties in Cases Before the Tribunal Canon 1509, §1 of the Code of Canon Law states that The notification of citations, decrees, sentences, and other judicial acts must be made through the public postal services or by some other very secure method according to the norms established in particular law. In today’s increasingly mobile society, the problem has developed whereby it is difficult at best to ascertain the location of some Respondents in marriage cases introduced to the diocesan Tribunal. Inasmuch as a Petitioner has the right to receive a just and timely judgment to a legitimately posited petition and the Respondent has the right to know about and participate in the process as determined by canon law, the diocesan Tribunal is to be commended for striving to achieve a balance in protecting the rights of both parties. After some years of working to develop an equitable process for ensuring that the rights of the Petitioner and Respondent in marriage cases are protected, and with the promulgation of the Instruction Dignitas connubii on 25 January 2005, it is opportune now to establish more definitively by particular law the process to be followed for the citation of the Parties in marriage cases introduced to the Tribunal of the Diocese of Stockton. NORMS 1. Method of Citation. As noted above, canon 1509, §1 requires that Parties be cited by means of the public postal service. Since “the fact of notification and its method must be evident in the acts” (c.
    [Show full text]
  • Preserving the Sanctity of Marriage Reverend W
    V VERITAS Preserving the Sanctity of Marriage Reverend W. Becket Soule, O.P. The Veritas Series is dedicated to Blessed Michael McGivney (1852-1890), priest of Jesus Christ and founder of the Knights of Columbus. The Knights of Columbus presents The Veritas Series “Proclaiming the Faith in the Third Millennium” Preserving the Sanctity of Marriage The Catholic Teaching on Annulment by Reverend W. Becket Soule, O.P. General Editor Reverend Juan-Diego Brunetta, O.P. Catholic Information Service Knights of Columbus Supreme Council Copyright © 2009-2021 by Knights of Columbus Supreme Council All rights reserved. Scripture selections are taken from the New American Bible, copyright © 1970 by the Confraternity of Christian Doctrine, Washington, D.C. 20017. Used with permission. All rights reserved. Text taken from the Catechism of the Catholic Church for the United States of America, copyright © 1994, United States Catholic Conferences, Inc., Libreria Editrice Vaticana. All rights reserved. Text from Familiaris Consortio, copyright © 1981, United States Catholic Conference. Used with permission. Text from the code of Canon Law, Latin/English Edition, are used with permission, copyright © 1983 Canon Law Society of America, Washington, D.C. Cover © Wedding Bands, Imagemore Co., Ltd./Corbis. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by information storage and retrieval system, without permission in writing from the publisher. Write: Catholic Information Service Knights of Columbus Supreme Council PO Box 1971 New Haven, CT 06521-1971 [email protected] www.kofc.org/cis 203-752-4267 800-735-4605 fax Printed in the United States of America CONTENTS THE GROWTH OF ANNULMENTS .
    [Show full text]
  • The Religious, the Secular, and the Antithetical
    Brigham Young University Law School BYU Law Digital Commons Faculty Scholarship 1-1-1991 The Religious, The Secular, and the Antithetical Frederick Mark Gedicks BYU Law, [email protected] Follow this and additional works at: https://digitalcommons.law.byu.edu/faculty_scholarship Part of the Religion Commons, and the Religion Law Commons Recommended Citation Frederick Mark Gedicks, The Religious, The Secular, and the Antithetical, 20 Cᴀᴘ. U. L. Rᴇᴠ., 113 (1991). This Article is brought to you for free and open access by BYU Law Digital Commons. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of BYU Law Digital Commons. For more information, please contact [email protected]. THE RELIGIOUS, THE SECULAR, AND THE ANTITHETICAL FREDERICK MARK GEDICKS° Since the Enlightenment, religious belief and secular knowl- edge in the West have been at loggerheads. The Enlightenment aimed to rid Western society of ideological superstitions, especially religious ones. Although the relationship between belief and knowl- edge during the last three centuries has been complex and variable, it has almost always been adversarial. Religion and secularism have settled at opposite poles on a continuum between subjectivity (belief) and objectivity (knowledge). In most of the intellectual con- frontations between these two adversaries, knowledge has prevailed in a way that has discredited belief, so that belief was steadily relo- cated from the center of Western politics to its periphery. This has resulted in a contemporary public culture in the United States that is largely secular, despite an American private life in which religion has remained vital and vibrant.1 The eclipse of belief by knowledge was momentous.
    [Show full text]
  • Islam and the Rule of Law. Between Sharia and Secularization
    ISLAM AND THE RULE OF LAW BETWEEN SHARIA AND SECULARIZATION Birgit Krawietz Helmut Reifeld (Hrsg.) ISBN 978-3-938926-86-6 IM IM www.kas.de PLENUM CONTENT 5 | PREFACE Gerhard Wahlers 9 | INTRODUCTION Birgit Krawietz 17 | I. JUSTICE as A POLITICAL AND LEGAL ORGANIZING priNCipLE 19 | JUSTICE AS A POLITICAL PRINCIPLE IN ISLAM Werner Ende 35 | JUSTICE AS A PERVASIVE PRINCIPLE IN ISLAMIC LAW Birgit Krawietz 49 | II. CONSTITUTION BUILDING 51 | WAYS OF CONSTITUTION BUILDING IN MUSLIM COUNTRIES – THE CASE OF INDONESIA Masykuri Abdillah The published statements reflect the opinion of their authors, 65 | WHERE IS THE “ISLAM” IN THE “ISLAMIC STATE”? but not institutional positions of Konrad-Adenauer-Stiftung. Farish A. Noor © 2008, Konrad-Adenauer-Stiftung e.V., Sankt Augustin/Berlin 71 | THE INFLUENCE OF RELIGIOUS CLAUSES ON All rights reserved. CONSTITUTIONAL LAW IN COUNTRIES WITH AN No part of this publication may be reproduced or utilised in any form or by any ISLAMIC CHARACTER means, electronical or mechanical, without permission in writing from the Naseef Naeem publisher. Design: SWITSCH Kommunikationsdesign, Köln. 81 | THE SUDANESE INTERIM CONSTITUTION OF 2005 – Cover photo: (c) Das Bild des Orients, www.das-bild-des-orients.de A MODEL TO ESTABLISH COEXISTENCE BETWEEN AN Photographer: Joachim Gierlichs, 2003. ISLAMIC AND A SECULAR LEGAL REGIME Translation of German statements: WB Communication, Germersheim. Printed by Druckerei Franz Paffenholz GmbH, Bornheim. Markus Böckenförde Printed in Germany. Printed with the financial support of the Federal Republic of Germany. ISBN 978-3-939826-86-6 5 PREFACE 91 | III. reLIGIOUS versUS seCULar LAW? 93 | ISLAM, CONSTITUTION, CITIZENSHIP RIGHTS For the Konrad-Adenauer-Stiftung, strengthening and devel- AND JUSTICE IN MALAYSIA oping structures that support the rule of law is one of the Norani Othmann most important objectives and elements of its global inter- national cooperation.
    [Show full text]
  • Religiously Friendly Democracy: Framing Political And
    RELIGIOUSLY FRIENDLY DEMOCRACY: FRAMING POLITICAL AND RELIGIOUS IDENTITIES IN CATHOLIC AND MUSLIM SOCIETIES A Dissertation Submitted to the Graduate School of the University of Notre Dame in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy by Michael Daniel Driessen Frances Hagopian, Director Graduate Program in Political Science Notre Dame, Indiana April 2011 © Copyright 2011 Michael Daniel Driessen RELIGIOUSLY FRIENDLY DEMOCRACY: FRAMING POLITICAL AND RELIGIOUS IDENTITIES IN CATHOLIC AND MUSLIM SOCIETIES Abstract by Michael Daniel Driessen This research project explores the relationship between faith and nation, and the institutional entanglements of religion, state and democracy in Catholic and Muslim societies. It is specifically animated by the following research question: What are the effects of bringing religion into the public sphere in new democracies, especially those whose theological values are considered to be hostile to democratic precepts? My analysis presents a theory for modeling the dynamics which are created when states allow hostile religions more access to the political and public spheres during moments of democratization (or lesser forms of political liberalization) by a) allowing religious political parties to contest elections and b) biasing religion-state arrangements in favor of religion. Drawing from more than eighteen months of field research in Italy and Algeria, I test the mechanisms of my theory through in-depth case studies in both a Catholic and Islamic setting and then use cross-national data on religion-state arrangements by Grim and Finke (2006) and Fox (2008) to statistically explore the theory‟s wider explanatory weight. To all of my teachers who told me to be patient with the wild within and to listen ii CONTENTS Figures...............................................................................................................................
    [Show full text]
  • Towards a New Code of Canon Law?
    TOWARDS A NEW CODE OF CANON LAW? Abuja, Nigeria The Canon Law Society of West Africa November 11-15, 2019 INTRODUCTION I am delighted to be able to be here in Nigeria and to share some thoughts with you concerning the future state of our canonical legislation. I hope that what we will cover here will be interesting, yet also helpful to you as canonists. But, before proceeding, I wish to thank you for your most gracious hospitality and kindness since I arrived in your country a week ago. Msgr Pius has spared no effect to make my visit as enjoyable as possible, and I am truly grateful to him for everything – including all he did behind the scenes to make it possible for me to obtain a visa to visit Nigeria. The fact that you are beginning, as it were, a new Canon Law Society, identified with West Africa, is a sign of hope for all canonists. There are already such societies in Southern Africa and in East Africa, and, hopefully, strong relations will develop among all these sister societies, as well as with the other ones established in various parts of the world. - - - No one can say that Canon Law never changes! In fact, it is most difficult to keep up with the various interpretations, the jurisprudence, and, obviously, the new legislative texts. To date, around 100 canons have been changed by recent Popes or have been the object of authentic interpretations, without mentioning the jurisprudence that has developed throughout the years since the Code’s promulgation. Likewise, numerous Vatican documents have adjusted the way in which Canon Law is to be applied (for example, Sacramentorum sanctitatis tutela, Vos estis, Vultum Dei, Cor orans, Sanctorum Mater, norms for the election of the Pope (Normas nonnullas), Pastor bonus, the Ecumenical Directory, Dignitas connubii, Mitis iudex, and so many others).
    [Show full text]
  • Legal Implications of Religious Divorce
    The Women’s Bar Association of the State of New York presents Convention 2019 Continuing Legal Education Series Legal Implications of Religious Divorce May 31, 2019 9:45 am - 11:15 am Presenter: Jacqueline Harounian, Esq. The Westin Savannah Harbor Golf Resort and Spa Savannah, Georgia HANDOUTS FOR THE PRESENTATION Legal Implications of Religious Divorce Presented by: Jacqueline Harounian Esq. WBASNY Annual Convention May 31, 2019 Page # 1. Outline of the Presentation 2 2. NY Domestic Relations Law 253 3 3. Sample Language in Divorce Agreement and Plaintiff’s Affidavit 5 4. Selected Case Law Tsirlin v Tsirlin, 2008 NY Slip Op 50981(U) [19 Misc 3d 1132 6 Schwartz v Schwartz, 2010 NY Slip Op 09497 [79 AD3d 1006] 10 5. Additional Resources 14 6. Biography of Presenter, Jacqueline Harounian, Esq. 15 1 Legal Implications of Religious Divorce Presented by: Jacqueline Harounian Esq. WBASNY Annual Convention May 31, 2019 1. Introduction: The Importance of Understanding and Respecting Cultural and Religious Differences Collectivist v. Individualist Societies Authority Figures: The Government v. Pastor, Imam or Rabbi 2. The Jewish Gett The Ceremony Role of the parties – consent and free will of both parties required. Role of the Rabbinical Court - Beth Din 3. Islamic Marriage Contracts (Mahr, Mehrieh, Mahar, Mehr) 4. Negotiation in Divorce Matters a. New York State Domestic Relation Law Section 253. b. Leverage v. Hard Bargaining v. Legalized Extortion c. Beth Din v. Supreme Court d. The Effect on Divorce Agreements (Custody and Finances) e. Duress in divorce settlements / ramifications in Contract law. 5. Legal and Religious Solutions to the Gett Problem a.
    [Show full text]
  • In the Supreme Court of the United States ______
    No. A18-_________ In the Supreme Court of the United States ___________________ Roman Catholic Archdiocese of San Juan, Puerto Rico, and the Roman Catholic Dioceses of Ponce, Arecibo, Caguas, Mayagüez, and Fajardo-Humacao, Puerto Rico, Petitioners, v. Yalí Acevedo Feliciano, Sonia Arroyo Velázquez, Elsie Alvarado Rivera, et al., Respondents ___________________ APPENDIX TO APPLICATION FOR STAY PENDING PETITION FOR CERTIORARI ___________________ Directed to the Honorable Stephen Breyer, Justice of the Supreme Court of the United States and Circuit Justice for the United States Court of Appeals for the First Circuit ___________________ PEDRO A. BUSÓ-GARCÍA GENE C. SCHAERR SCHUSTER AGUILÓ LLC Counsel of Record 221 Ponce de León Avenue MICHAEL T. WORLEY 15th Floor SCHAERR|DUNCAN LLP San Juan, PR 00917 1717 K Street NW, Suite 900 Counsel for Archdiocese of San Juan Washington, DC 20006 (202) 787-1060 [email protected] Counsel for all Petitioners/Applicants June 15, 2018 TABLE OF CONTENTS Court Documents Opinion of June 11, 2018, Puerto Rico Supreme Court ................................................................................ A-1 Order of June 14, 2018 (dated June 13), Puerto Rico Supreme Court ................................................................................ B-1 Opinion and Order of May 31, 2018, Puerto Rico Supreme Court ................................................................................ C-1 Order of May 25, 2018, Puerto Rico Supreme Court ...............................................................................
    [Show full text]
  • The Proper Law of an Institute of Consecrated Life in the Latin Church: a Consideration of C
    THE PROPER LAW OF AN INSTITUTE OF CONSECRATED LIFE IN THE LATIN CHURCH: A CONSIDERATION OF C. 587 CIC by Eleanor CAMPION Research Seminar - DCA 6395 Prof. John M. HUELS Faculty of Canon Law Saint Paul University Ottawa 2017 @Campion Eleanor, Ottawa 2017 Table of Contents Introduction ...................................................................................................................................1 Chapter 1. History ........................................................................................................................3 1.1 Proper Law: History ...............................................................................................................3 1.2 Evolution of the text of c. 587 ................................................................................................7 Chapter 2. Content of proper law ............................................................................................11 2.1 Elements to be included in the fundamental code (c. 587 §1) ................................................ 12 2.1.1 The elements of c. 578 (the patrimony of the institute) ................................................... 13 2.1.1.1 The nature of the institute ............................................................................................ 14 2.1.1.2 The purpose of the institute ......................................................................................... 17 2.1.1.3 The spirit of the institute ............................................................................................
    [Show full text]
  • La Notificación De La Citación*
    LA NOTIFICACIÓN DE LA CITACIÓN* MARC BOSCH BARRERA SUMARIO. INTRODUCCIÓN. I. NOTIFICACIÓN POR CORREO PÚBLICO. A. Concepto. B. Procedi- miento. C. Prueba. II. NOTIFICACIÓN POR MEDIO DE CURSOR. A. Concepto. B. Procedimiento. C. Prueba. III. NOTIFICACIÓN POR edicto. A. Concepto. B. Procedimiento. C. Prueba. IV. OTROS MEDIOS DE NOTIFICAR LA citacióN. A. La notificación de la citación por medio de no- tario. B. La notificación de la citación por medio del auxilio judicial. C. Medios previstos en la legislación civil: estudio de su aplicación en el ámbito canónico. 1. Telegrama. 2. Teléfono. 3. Medios electrónicos y telemáticos. a. El fax. b. El correo electrónico. c. La World Wide Web. CONCLUSIONES. BIBLIOGRAFÍA. INTRODUCCIÓN** El proceso canónico está compuesto por una serie de actos jurídico-formales sucesivos. En cierta manera, esta descripción quiere reflejar que se tratan de ac- * Excerptum de la Tesis Doctoral dirigida por el profesor R. Rodríguez-Ocaña. Título: La citación en el proceso canónico. Fecha de defensa: 24 de junio de 2008. ** Tabla de siglas: AAS Acta Apostolicae Sedis art. Artículo c. Canon CIC 17 Codex Iuris Canonici, 1917 CIC BAC S. ALONSO, M. CABREROS, Código de Derecho Canónico y legislación comple- mentaria, III, Madrid 1964 CIC Valencia A. BENlloch Poveda (dir.), Código de Derecho Canónico, 10ª ed., Valencia 2002 ComEx A. MARZOA-J. MIRAS-R. RODRÍGUEZ-OCAÑA (dirs.), Comentario exegético al Código de Derecho Canónico, 5 vols., 3ª ed., Pamplona 2002 DC Pontificio Consejo para los textos legislativos, Dignitas connubii: Instr. que deben observar los tribunales diocesanos e interdiocesanos al tratar las causas de nulidad matrimonial. Librería Editrice Vaticana, Città del Vaticano 2005 LEC Ley de Enjuiciamiento Civil nt.
    [Show full text]