Canon Law Research Articles

The purpose of this article is to attempt to show and explain the reason for the inconsistency of the legal norms of Traditionis custodes regarding the person of the celebrant and the use of traditional liturgical books. The problem is addressed on the basis of canons 17, 18 and 20 of the Code of Canon Law of John Paul II. The analyses were divided into two parts. First, the topic of consent for the celebration of the traditional Mass was analysed, then – the problem of the scope of the use of traditional liturgical books. On the basis of the analyses, it should be concluded that the reason for the problems described in the work is the lack of a clear take on the rules to be applied to a specific group of priests and probably the legislator’s lack of precise knowledge of what rules govern the traditional Roman liturgy.

This paper will review the situation of ecclesiastical dependents (servi, mancipia, ancillae, liberti) in the Visigothic kingdom. In the main normative sources on these groups (conciliar canons, monastic rules, civil legislation), their insertion in the broader scheme of ecclesiastical property, in the moral and regulatory scheme of the Church's conduct and, above all, their regulation under the omnipresent principle of inalienability, whose objective was to avoid the subtraction of slaves or freedmen to the domestic structure of each church and especially to the patronage of the Church –the patroness that "never dies"– as an institution, becomes evident. This feature, increasingly, made it difficult for these groups of people to escape the networks of servitude and patronage of their sees. In spite of this, the sources attest that certain members of the clergy wished to grant greater freedoms to their subordinates, sometimes through actions that went beyond what was permitted by canon law, thereby realizing an illegitimate alienation of the res ecclesiae. These episodes created tensions that have already been pointed out, but, to conclude, we will outline another point of view from which we can perhaps better understand the ambiguities of the sources regarding what was an admissible alienation and the different treatment that these events and their resolutions had in the sources.

The article deals with the issue of the employment of catechists in Polish public schools against the background of CJEU Judgment C-282/19. Attention should be drawn to the fact it is not possible to employ a catechist in a public school for an indefinite period of time if the missio canonica obtained by him, issued by the competent authority of the Church, is a document issued for a limited period of time. In this regard, it is worth discussing the relationship between the provisions of canon law and Polish labour law, which seem to be in conflict in the case.

This article analyzes the significant role that religion has played in shaping civil law in Azerbaijan, examines the influence of religious legal traditions on the country's current civil legislation, and puts forward concrete proposals regarding the prospects for integrating religious legal institutions into modern civil law. Throughout history, religion has had a profound impact on the development of law in Azerbaijan. During the Atropatene period, Zoroastrianism played a vital role in the emergence of social order and legal institutions, while in Caucasian Albania, Christian canon law influenced the regulation of civil relations. From the 7th to the 19th centuries, legal thought in Azerbaijan was primarily based on the principles of Islamic law. Since the 19th century, tendencies toward secularization have strengthened within the country’s legal system, and during the Soviet era, law became completely separated from religion— a trend that continued and further consolidated during the post-independence period. Despite the principle of separation between state and religion in modern times, the article explores the influence of religion, particularly Islamic law, on Azerbaijan’s inheritance, family, and property law. Furthermore, it investigates the prospects for integrating certain institutions of Islamic law into the current civil legislation in line with modern challenges, provided that the principle of secularism is maintained. The long-term and fundamental impact of religion in areas such as social justice, law enforcement, and human rights is also emphasized. Keywords: civil law, religious law, Zoroastrian law, canon law, Islamic law, legal pluralism, waqf, Islamic banking, riba, sukuk, mudarabah.

The article considers “The Life of Alexander Nevsky” as a source for reconstructing the understanding of the phenomenon of war in Russian Orthodoxy. It highlights some key aspects of the author’s view on war and killing in war. The personality of Alexander and his ministry justify the possibility of defending the Orthodox faith with arms in hand. “The Life of Alexander Nevsky” justifies defensive war (war for liberty), seen as God’s work, a special mission where God himself takes sides with the combatants and assists on the battlefield. The attitude towards killing during the war, specifically its classification as not a sin but a deed worthy of praise, is based on canon law (Rule 13 of St. Basil the Great). Meanwhile, one of the significant aspects of perceiving war within Christian morality is understanding the need for compassion.

The apostolic nuncio is the diplomatic representative of the Holy See. He carries out his mission simultaneously vis-à-vis the state and the particular Churches on the territory of that state. The legal status of the Apostolic Nuncio in Poland derives from the provisions of canon law, international law, as well as customary law, i.e. in particular the Vienna Convention on Diplomatic Relations, the Code of Canon Law and the Concordat between the Holy See and the Republic of Poland. Therefore, the aim of this paper is to answer the following question: To what extent do the provisions of canon law, state law and international law apply to the Apostolic Nuncio in Poland with reference to specific issues, such as the appointment and dismissal of the apostolic nuncio, his competences, as well as his performance of the function of the dean of the diplomatic corps?

ABSTRACT In 1862, the Episcopal bishop of Maryland, William Whittingham, issued a prayer of thanksgiving for deliverance from the Confederate blockade to be used expressly by parishes in Washington, D.C. The rectors of several churches refused to comply due to differing interpretations of canon law and the politicized nature of prayer for leaders and the nation during the war. Accusations of disloyalty dogged several clergymen and their congregations, resulting in disciplinary proceedings by the church hierarchy and the confiscation of churches by the military. This article illuminates the contested nature of loyalty to both church and state during the Civil War.

Abstract This essay explores a key stage in the legal history of the concepts of consent and guilt in cases of rape, namely in twelfth-century canon law in the work of Gratian and the early canonists who commented on his Decretum. It substantially revises the account that currently exists in scholarship and explains that confusion between raptus and rape and a limited read of the Decretum have combined to provide a problematic picture in which, it has been claimed, neither Gratian nor broader medieval canon law took rape seriously as an offence. The essay focuses on the underexplored Causa 32 in the Decretum and discusses how Gratian very directly addressed forced coitus in that section of his text, both condemning it and exonerating women of all guilt who are forced to have sex without their consent. Gratian and the decretists ended up changing the discourse on rape, in part through their treatment of both Lucretia of Roman legend and an early Christian martyr, Lucia. Their considerations, which intersected with theology, resulted in a legal principle that a raped wife cannot be charged with adultery. Since their considerations could also be applied to any rape victim, their work is important for the development of rape law and legal notions of consent.

Abstract Today, the Chancery Court is the appeal court for the province of York in the Church of England. There are some excellent specialised period-specific studies which take in the Chancery Court alongside other York church courts, mostly from the Borthwick Institute at York.1 However, there is no book exclusively devoted to the Chancery Court setting out its full history. The court is also rather neglected in standard texts on the history of English ecclesiastical law. Even the great Richard Helmholz has no index entry on it in his monumental history of canon law in England.2 Holdsworth in his well-known history of the common law has a page and a half on courts of the Archbishop of Canterbury; as to York’s archiepiscopal courts, he simply states they ‘corresponded’ to those of Canterbury.3 These are typical of most scholars today.4 This article, therefore, seeks to redress this imbalance – to correct what seems to be a case of juridical amnesia and so to unveil the forgotten, or hidden, Chancery Court of York. It offers a short history of the identity, jurisdiction, officers, records and processes, and jurisprudence of the Chancery Court of York. It also points out some key differences between the Chancery Court and its Canterbury equivalent, the Arches Court. The article focuses mainly on its post-Reformation history, as treated in the dispersed secondary literature – and it adds to this what the English ecclesiastical lawyers since the Reformation – civilians, common lawyers, and clerical jurists – say about this York court.

The Reformed Church in Hungary is a Reformed Protestant church in terms of its confession of faith, in which both adjectives, Reformed and Protestant, are emphasized. From this formulation follows the critique and firm rejection of a form of organization that existed before and still exists today: that of the Catholic Church. The foundations of Reformed (in this article, the term “Reformed” is used to designate the ecclesiastical and theological tradition associated with Calvin, Bullinger, Zwingli, and others) church institutions and church organization were formulated by Calvin in the Institutio, from which Reformed church law, through its historical development, formulated the principle of universal priesthood as a fundamental principle, the principle of synodal presbyterate as a constitutional principle of the church, and the principle of a free church in a free state, although the latter establishes the relationship between church and state. In distinguishing between a theologically postulated church and a church embodied in legal organization, canon law may examine the latter, and in particular, the canon law of the Protestant churches indeed sharply distinguishes it from the theological concept of church. Thus, in examining the development of the organization of the so-called visible church and the questions of the structure and functioning of the institution in the present, I will examine the organization and functioning of the Reformed Church in Hungary in the light of the organizational principles and methods that have developed historically, with a view to outlining the conditions for future optimal functioning. In my study, I trace the transformation of the Reformed Church from its beginnings to the change of regime.

ABSTRACT This article examines Pope Francis’ legacy in addressing clergy abuse of adults, analyzing both progress and limitations in his approach. Despite implementing significant policy reforms – including the abolition of the “pontifical secret” and revised canon law – Francis’ efforts were hampered by entrenched institutional dynamics, particularly clericalism and organizational culture that prioritized the Church’s reputation over victim healing. Drawing on Catholic moral theology, particularly the concept of Imago Dei (the divine image in all persons), and integrating it with contemporary social work ethics, the article proposes a comprehensive framework for institutional transformation. This framework addresses the unique challenges faced by adult victims of clergy abuse, who often encounter dismissal, victim-blaming, and theological manipulation. The path forward requires redistributing power within Church structures, implementing genuine transparency, centering survivor voices in reform efforts, and ensuring theological concepts are never misused to silence victims. By integrating theological ethics with trauma-informed practice, religious institutions can better fulfill their moral obligation to prioritize human dignity over institutional self-preservation.

ABSTRACT This article revisits James Brundage's landmark 1975 study on medieval marriage as a starting point for tracing key developments in the historiography of marriage law over the past fifty years. Brundage's analysis of consent and marital affection in canon law laid the groundwork for a dynamic field that has since expanded in scope and method. Rather than providing a comprehensive overview, this article highlights three major shifts: debates over the influence of canon law ideals on marital practice; growing attention to regional variation in legal interpretation; and the impact of shifts in the field of legal history on the study of marriage. This article is part of a Special Issue marking the fiftieth anniversary of the Journal of Medieval History.

Exhumation refers to the extraction of a body or human remains for the purpose of conducting forensic or medical examinations (e.g., to determine or confirm the cause of death), or for transferring the remains to another grave. Exhumations may also be performed under other circumstances and constitute one of the stages in beatification and canonization proceedings. In such cases, the provisions of the Code of Canon Law apply. Between 1989 and 2000, medical experts from the Department of Forensic Medicine and Forensic Toxicology in Katowice participated on three occasions in activities involving exhumation, canonical recognition of mortal remains, and the transfer of remains to new burial sites. This paper presents those cases, outlines the course of medical and judicial procedures, and discusses the legal and ecclesiastical aspects of beatification and canonization processes.

The Jubilee Year 2025, proclaimed by Pope Francis, carries the theme Spes Non Confundit, inspired by Romans 5:5. This paper examines the pastoral letter of the Diocese of Surabaya as a guide for Catholics in embracing the Jubilee’s spirit. The letter highlights repentance, mercy, and forgiveness as key to becoming a Jubilee Person. Through biblical, historical, juridical, and practical perspectives, this study explores how the Jubilee fosters faith renewal and Christian commitment. The paper discusses the biblical roots of the Jubilee in Leviticus 25 and its fulfillment in Christ’s proclamation of the Year of the Lord’s Favor (Luke 4:16-21). It also traces the Jubilee’s history in the Catholic Church, from its first proclamation in 1300 to its evolving theological and pastoral role. The juridical aspects of indulgences, their link to the Jubilee, and their regulation in canon law are also examined. The pastoral letter emphasizes the Jubilee’s practical aspects, including pilgrimage, sacramental reconciliation, Eucharistic participation, and prayer for the Pope’s intentions. It also promotes ecological conversion, urging Catholics to care for creation as an act of faith. Ultimately, becoming a Jubilee Person means living in faith through acts of mercy, reconciliation, and hope. The pastoral letter calls Catholics in the Diocese of Surabaya to embody these values by deepening their spiritual life, practicing justice, and showing compassion in daily actions, making the Jubilee a true moment of renewal and transformation.

According to the Polish Language Dictionary, active repentance is the result of an internal change which occurs in the perpetrator’s consciousness, who has committed an act prohibited by law or perceived negatively by society, due to the arising feeling of guilt and remorse. This definition is not normative in nature, although it contains important components of the act that is active repentance. The direct impulse for writing this text, however, is the proposal by the Minister of Justice – Adam Bodnar to restore the rule of law in Poland by applying the discredited institution of active repentance, which originated in the communist era. This proposal was publicly announced and repeated many times by the media at the end of 2024. According to the Minister, active repentance should be submitted by judges promoted to higher positions after the year 2017. This solution caused quite a lot of surprise and sparked a discussion in Poland about this proposal. The institution of active repentance undoubtedly originates from the theological concept of remorse for sins, not only on a psychological or sociological level but also on a normative one, as it is regulated in the Code of Canon Law. It was later incorporated into secular legal systems, including criminal law. It was also a tool of political struggle, among other things, in the communist system in Poland. The aim of this study is to analyze the application of the institution of active repentance from a normative, doctrinal, and political perspective. Therefore, the study will discuss the institution of active repentance in Christian theology, in criminal law, and in the practice of implementing communist ideology in the People’s Republic of Poland. Such an analytical approach to the institution of active repentance will allow for a proper assessment of the Minister of Justice’s proposal to apply it in the process of restoring the rule of law in Poland. Such a holistic approach to the application of the institution of active repentance is undoubtedly a novelty in the existing discussions on the justification for its use. Therefore, in the structure of the paper, I will first discuss active repentance in Christian theology, then in criminal law, and during the communist era in Poland. Only in the final section will I assess the proposal of the Minister of Justice.

Abstract What does it mean to be a public Catholic institution in Canada? How does this Catholic identity evolve with the secularisation and diversification of society, and with the rising awareness of the complicated legacy of Catholicism and colonisation in Canada? This article explores those questions drawing on document analysis and interviews with staff working in Catholic health care. Taking a legal pluralist approach, it documents how Catholic health-care institutions navigate between transnational canon laws and ethics, and human rights law. Catholic health care is situated in a web of national and transnational legal regimes. We argue that this navigation takes different forms to adapt to societal changes, such as the authorization of Medical Assistance in Dying (MAiD). This article speaks directly to how Christianity continues to play a subtle, but still constant presence in Canadian Catholic hospitals, and debunks tropes that construct relationships between state and religion as one of clear separation.

Christians have never considered the power of the ruler to be unlimited. According to Christian views formulated in antiquity, the emperor was obliged to observe revealed divine laws, the rules of natural law, the positive laws of the state, and the rules of canon law. According to the Christian view, which coincides with the Jewish position, the ruler could not claim to be worshipped as a god by his subjects. Christians also adopted the doctrines of natural law from Greco-Roman philosophy, according to which the ruler was obliged to judge fairly and make just laws. Apologists (especially Tertullian) proclaimed that nature grants everyone the right to freely choose their religion, and therefore the emperor should not use religious coercion. According to the rules of natural law, the ruler was obliged to respect the property rights of his subjects. The emperor had to adhere to the rules of justice even in war. Although according to Roman law, the emperor was not bound by the rules of positive law, Christians also expected a good emperor to comply with state laws. In addition to all this, the Catholic bishops required the Christian emperors to adhere to the rules of canon law: if they committed a sin, they should follow the provisions of penitential discipline; they should not interfere in the internal affairs of the Church, not imagine themselves to be high priests, not define theological doctrines; in other words, they should respect the rules of competence defined by the Church.

The article analyzes the historical evolution of the principle of presumption of innocence in Canon Law and its influence on the Catholic Church and Western law. It is studied how this principle, which at the beginning was implicit in the ecclesiastical canons, developed and consolidated over the centuries under the influence of Roman law and the reforms of the councils, such as the IV Council of Letrán. It also addresses the tensions between justice and mercy at different times, from the Inquisition to modern reforms of the Code of Canon Law. Finally, the article highlights the legacy of this principle in the formation of human rights and current criminal justice.

This article examines the normative and functional evolution of ecclesiastical and Catholic universities from the perspective of canon law, highlighting their process of integration into the contemporary educational system. Based on an analysis of the 1917 and 1983 Codes of Canon Law, it emphasizes how the legal differentiation between these institutions has shaped their impact on higher education, while also addressing the role of the Apostolic Constitution Veritatis Gaudium. The study focuses on the Spanish context, where the interaction between ecclesiastical and civil law has been key to the academic recognition of degrees. From the 1953 Concordat to more recent developments, such as Royal Decree 1619/2011, it examines the process of homologation of ecclesiastical degrees, ensuring their equivalence to official university degrees within the European Higher Education Area (EHEA). This framework includes the implementation of ECTS credits and oversight by the Agency for the Evaluation and Promotion of Quality in Ecclesiastical Universities and Faculties (AVEPRO).

ABSTRACT When the city state of Zurich gave up the Catholic mass in 1525 and introduced the Reformation, it founded a new matrimonial court (Ehegericht), which no longer referred to Catholic canon law but to mandates of the secular court (Ratsgericht). That same year, the mandates defined a new offence called berühmen: men publicly claiming illegitimate sex with women were to be severely prosecuted. This paper argues that men’s talk about illegitimate sex with women was defined by a plurality of norms. In informal contexts, men practising berühmen expected to rise in their peers’ estimation. Before court, however, they had to renounce their presumed virility. Women affected by berühmen had to prove their immaculate way of life. If they succeeded, the courts punished the defendants. The Reformation thus sought to control the verbal sexualization of the female body in a society permeated by the ideal of male sexual prowess.