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Philosophical-Juridic Study of Book IV of the Code of Canon Law

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Philosophical-Juridic Study of Book IV of the Code of Canon Law The Catholic Lawyer Volume 7 Number 2 Volume 7, Spring 1961, Number 2 Article 12 Canonical Procedure; Philosophical-Juridic Study of Book IV of the Code of Canon Law Bernard J. Ristuccia, C.M. Follow this and additional works at: https://scholarship.law.stjohns.edu/tcl Part of the Catholic Studies Commons This Book Review is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in The Catholic Lawyer by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. BOOK REVIEWS CANONICAL PROCEDURE; PHILOSOPHICAL-JURIDIC STUDY OF BOOK IV OF THE CODE OF CANON LAW, by Fernando Della Rocca, trans. by John D. Fitzgerald Bruce, Milwaukee, 1961. Pp. 384. $10.00 Reviewed by BERNARD J. RISTUCCIA, C.M.* William Howard Taft, when Chief Jus- layman, Catholic as well as non-Catholic, tice of the Supreme Court of the United has very little knowledge or appreciation States, was presented with a copy of the of the juridic element within the framework procedural laws of the Catholic Church. of the Catholic Church. At best he may After the Chief Justice had studied the have a vague idea that the Church has set book, he made the following remark: "I up tribunals to consider marriage cases. But have read the procedural laws of many that there also exists a complete juridic sys- nations, but I have found none that can tem to try criminal cases, and cases involv- equal the procedural laws of the Catholic ing property and damage rights would, Church." Undoubtedly these same senti- more than likely, come as a complete sur- ments would be shared by many members prise to him. To most people, the Catholic of the legal profession after studying Doc- Church is a society concerned almost exclu- tor Fernando Della Rocca's latest book, sively with spiritual and supernatural mat- Canonical Procedure; Philosophical-Juridic ters. If the average layman were told that Study of Book IV of the Code of Canon the Catholic Church is a perfect society, he Law. Though not every reader of this book would not appreciate the full meaning of might be as highly enthusiastic as Chief this expression. A perfect society is self- Justice Taft in his praise for the procedural sufficing, containing within itself all the re- law of the Church, still, it is quite certain sources needed for attaining its end. The that having read the work one would be purpose of the Catholic Church is to direct surprised at the discovery that such an and guide the lives of her members in the advanced system of procedural law exists realization of their supernatural destiny. To in the Catholic Church, and no doubt be achieve this goal, the Church must possess impressed by its thoroughness. The average the authority to legislate, interpret and exe- cute her laws, as well as to punish those Professor of Moral Theology, Mary Immaculate who transgress them. Consequently, she -Seminary, Northhampton, Pa. must enjoy legislative, executive and juridi- 7 CATHOLIC LAWYER, SPRING 1961 cal power. To exercise her juridical power effect on the process are both discussed. properly, a perfect society must embrace a The section closes with an explanation of system of procedural law whereby juridic the manner in which a trial is brought to guilt and innocence may be established and a conclusion. Consideration is next given to the rights of individuals and institutions de- the sentences of the judges and the-method fined and protected. It is this procedural employed in their formation, pronounce- law of the Catholic Church which is the ment, publication and corrections. For the subject matter of Doctor Della Rocca's most part, the fifth title concerns itself with latest book. the rights of the parties to attack the sen- In this volume, the author presents a tence of the judge and to seek an appeal thorough and scholarly presentation of all from the sentence pronounced. The fol- the elements contained in ecclesiastical lowing section takes up two points: the trials. His treatment of this subject follows judicial expenses involved in the conduct- the same general outline as that which is ing of a canonical process and the manner found in the fourth book of the Code of in which the actual execution of the sen- Canon Law, which is entitled De Processi- tence takes place. The final title considers bus. the possibility of extra judicial settlement of cases and provides an adequate treat- The book is divided into seven sections ment of the principal methods of transac- or titles, the first of which contains general tion, arbitration and compromise. notions affording a background knowledge of such topics as jurisdiction, the basic A study of this volume readily reveals meaning of action or suit, and the place of the great amount of research and prepara- procedural powers in a system of law. The tion that went into its production. The book second section, entitled "The Formation of is much more than a translation or general the Process," considers the various institu- commentary on the various canons of the tions that are employed in the construction fourth book of the Code. It truly is, as the of a procedural system. In this section, the author states, a philosophical-juridic study author considers the various types of actions of the fourth book of the Code of Canon that may be made the object of procedure, Law, and is the first book of this type to the personnel employed in an ecclesiastical appear in English. Translations of this par- trial, the manner of determining due compe- ticular section of the Code, as well as brief tency, the various tribunals in the Church's commentaries on these canons have often legal system, and the parties of the process. appeared in English before, but none of The actual evolution of the trial is taken up these translations, as such, have presented in the third title. Here the author gives a as thorough and scholarly a treatment of most thorough treatment of the various this matter as has this work of Doctor Della types of proofs that are employed in eccle- Rocca. One of the outstanding features of siastical trials, explaining the procedure this work is the excellent source material used in arriving at a joinder of issues. The used by the author in its compilation. Three manner of handling incidental cases which particularly significant sources should be might arise during the course of a trial as singled out for special consideration: well as the notion of contumacy and its (1) The writings of so many of the out- BOOK REVIEWS standing canon lawyers of the Catholic carrying out their functions, make use of Church, including such eminent scholars as: several particular sets of procedural laws in Maroto, Roberti, Ciprotti, Lega, Cappello, addition to the prescriptions contained in Coronata, Ottaviani, Wernz-Vidal, Berutti, the fourth book of the Code. These unique Oesterle, and Regatillo, to mention but a bits of legislation originate within the vari- few. The author used not only the standard ous Sacred Congregations and Tribunals of manuals of these writers, but also their con- the Church as norms to be observed in the tributions to periodicals. It should be noted exercise of their duties. There are, for ex- that the most recent as well as the earlier ample, the Regulae Rotae and the Regulae canon lawyers of note are also frequently Signaturae. These are systems of procedu- referred to in the author's well-documented ral laws used by the Sacred Rota and footnotes. the Signatura Apostolica respectively. The Sacred Congregation of the Sacraments has (2) The decisions of the Sacred Roman also issued several Normae and Regulae Rota. Anyone at all familiar with procedu- types ral law knows the tremendous value that is which are to be employed in various of matrimonial processes. Very often, as attached to previous decisions of the court. the author so clearly indicates, such spe- In the Catholic Church, the Sacred Rota is cific legislation throws greater light on the the court of last instance as well as the court more general and hence less obvious pre- of final decision. It is also the privileged scriptions of the Code, thus clarifying and forum of those persons in the Church who, canons. because of their dignity, are entitled to use explaining the procedural it rather than the local diocesan tribunals. The use of these three types of source Consequently, the decisions of this tribunal material, while adding greatly to the value are of particular importance in interpreting of this book, is by no means the sole reason the various prescriptions of the fourth book for its valuable contribution to the study of of the Code. The author makes repeated the procedural process of the Catholic use of these decisions in his explanations of Church. Mention must also be made of the the various statutes which constitute the personal qualifications of the author him- procedural laws of the Catholic Church. self. Doctor Della Rocca has a doctorate irt The very nature of the book, however, pre- jurisprudence granted him by the Univer- cludes the author from developing to any sity of Rome and a doctorate in Canon- great extent the jurisprudence underlying Law gained at the Lateran Pontifical Uni- many of the notions contained in this law. versity. He is an advocate of the Sacred In particular instances, however, where the Roman Rota and has practiced law i jurisprudence involved in certain canonical Rome.
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