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Canon Law Articles & Reviews


 

Articles

 

Church & Children

Marriage and Annulments

Life Issues

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Reviews

(alphabetical by author)

(jump to Briefly Noted)

 

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Cormac Burke

Authority and Freedom in the Church

 

 

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Canon Law Society of Great Britain and Ireland

The Canon Law: Letter and Spirit

 

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John Catoir

Where Do You Stand With the Church? : The Dilemma of Divorced Catholics

 

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Michael Smith Foster

Annulment: The Wedding that Was: How the Church Can Declare a Marriage Null

 

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Russell Shaw

Understanding Your Rights: Your Rights and Responsibilities in the Catholic Church 

Velasio de Paolis, DE SANCTIONIBUS IN ECCLESIA: ADNOTATIONES IN CODICEM: LIBER VI (1986); Antonio Calabrese, DIRITTO PENALE CANONICO (1990); Alphonse Borras, LES SANCTIONS DANS L'EGLISE: COMMENTAIRE DES CANONS 1311-1399 (1990).

 


 

Briefly Noted

(alphabetical by author)

 

Canon Law Society of Great Britain & Ireland, Index to the Code of Canon Law (1985)

This book is only an index, and one must have the British (not the American) translation of the 1983 Code in order to use it properly. That said, this is probably the best index of canonical topics available in English. Note: those who get the major British commentary, The Canon Law: Letter & Spirit, will no longer need this separate index volume.

 

E. Capparos, et al., eds., Code of Canon Law: Annotated (1997)

This work first appeared in Spanish, then in French, and now in English. It is a thoughtful, canon-by-canon commentary on the entire 1983 Code. It includes the Latin-English text of all canons, offers a superb English index, and provides a very useful appendix of complementary canonical legislation from numerous countries. With each translation, the editors slightly modified the original Spanish commentary to help make the notes more useful to readers of that language group. Still, in using this work, one will notice at times an approach to some canons that reflects what I will call "more European" concepts of canon law than North American. This is not bad, of course, but the approaches used here need not always be the exactly same as one would expect to encounter in other parts of the world-wide Catholic Church and its legal system. This commentary is of fine scholarship, the translations are very reliable, and, without doubt, the Navarra text has become a standard reference in modern canon law.

 

Richard Cunningham, Annotated Bibliography of the Work of the CLSA 1965-1980 (1982)

A one-stop reference for those researching the work of (mostly) American canon lawyers between the end of Vatican II (1965) to just before the publication of the 1983 Code of Canon Law. The annotations are somewhat uneven in quality, but remain generally useful.

 

John Gilchrist, Collection in 74 Titles: Canon Law...of the Gregorian Reform (1980)

As modern secular scholars continue to discover the untapped riches preserved in the texts and treatises of medieval canon law, most of them immediately confront the problem of working in Latin, especially juridic Latin. Gilchrist, an historian of immense credentials, chose wisely in translating the Collection in 74 Titles, one of the earliest, most influential, and (from the point of view of readability) most manageable canonical texts available. Gilchrist's introduction and indexes along with handsome production values make this the kind of work one can simply sit down and enjoy, even if one approaches it with only the vaguest familiarity with the topics.

 

Augustine Mendonca, Rotal Anthology: ...Index of Rotal Decisions from 1971-1988 (1992)

A Herculean achievement. All matrimonial cases heard by the Roman Rota and published from 1971-1988 are summarized in English (from the Latin); indexed by protocol number, date of decision, canonical grounds, judges, and country of origin. Presentation of cases appears unbiased, indexing seems highly accurate. Allows researches to determine in a few minutes whether a given annulment case needs to be studied in more detail, and permits immediate study of Rotal trends during years of intense canonical development in marriage law.

 

John Noonan, Jr., Power to Dissolve: Lawyers and Marriages...the Roman Curia (1972)

John Noonan, now a prominent judge on the federal Circuit Court of Appeals, was also for many years a respected scholar of canon law history. This work, based on Noonan's direct study of Vatican archives, caused quite stir upon its publication in 1972, by painting an accurate, if not entirely flattering, picture of the complex canonical process by which, prior to the Second Vatican Council, Catholic marriage cases were adjudicated. The work is respectful of canonical tradition and, in my opinion, basically wanted only to see a franker admission by some canonical judges that adjudicating marriage cases is as much an art as it is a science.

 

J. Provost, ed., Code, Community and Ministry: ... Studies for the Parish Minister (1982)

A short book, consisting basically of overviews of workshops done in the early 1980s by the CLSA on canon law in practical pastoral situations. Dated by now but still worth a quick read. Does not contain text of canons nor significant research commentary. Is actually better as a help in figuring out what kinds of canonical topics might be involved in a given pastoral situation.

 

Elissa Rinere New Law and Life: 60 Practical Questions on...Canon Law (1985)

A reprinting of canon law questions-and-answers penned for Catholic newspapers in the early 1980s. Neither a code nor a commentary, the materials tried to respond briefly (sometimes, extremely briefly) to a few of the more common questions about Church law being floated in Catholic circles at the time. Some pretty famous canon lawyers contributed to the project, but unless one's current questions coincide exactly with a given question in the book, there is not much point in consulting it anymore.

 

Michel Theriault & Jean Thorn, eds., 

Le Nouveau Code De Droit Canonique: 5th International Congress of Canon Law (1986)

Beautifully printed 2-volume proceedings of one of the largest canon law conventions ever held, with over 50 addresses in five languages covering more than 1,000 pages. A real who's-who of international canon law experts. The strength and weakness of this work is its time of presentation, ie., concurrent with the revised Code of Canon Law. That was a time of marked uncertainty in Catholic Church law, and several of the papers reflect this. For all that, a highly regarded work of lasting value.

 

Constant Van De Wiel, History of Canon Law (1992)

The list of modern histories of canon law is very short, especially in English; fortunately, this text swells that number. This work assumes the reader has little knowledge of canonical sources and spends, therefore, a bit more time explaining basic concepts than do some other studies. The material is reliable however, and it merits a reading by those looking for material on the history of canon law.

 

Elizabeth Vodola, Excommunication in the Middle Ages (1986)

Vodola ably presents the matter of excommunication from its Old Testament roots through its "high point" during the late medieval Church. Accessible for non-canon lawyers, with plenty of scholarly apparatus for specialists.

 

Lawrence Wrenn, Authentic Interpretations on the 1983 Code of Canon Law (1993)

This slim volume documents the first 24 official interpretations (answers) given by the Vatican to questions under the 1983 Code. Wrenn, a nationally respected canon lawyer, makes sense of the cumbersome process by which canonical interpretation issues are resolved. A copy of the 1983 Code is necessary in order to make use of this book.

 


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