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François Hotman (1524–1590) was one of the leading Reformed jurisconsults of his time. Past research has stressed his innovative interpretations and practices in the study of Roman, feudal, and French constitutional law. Little has yet been said about his views on canon law, another fundamental legal body in Western history that experienced renewed intellectual scrutiny during the sixteenth century. This paper investigates some of Hotman's early work on canon law, focusing on his legal–historical reconstruction of the early Church in De statu primitivae Ecclesiae (1553) and his contribution to a budding historical field in Catholic circles: conciliar history. Despite the general lack of interest in the history of councils on the part of some leading Protestant theologians (Luther, Calvin, Bullinger), Hotman clearly believed that the textual tradition of councils provided a prime example of sustained popish efforts to control and deform the historical narrative and the legal structure of the Church. Yet, although he seems to have worked on demonstrating just that over more than forty years, he never again voiced his views on the matter in a dedicated work. Comparing in its conclusion De statu primitivae Ecclesiae with Antitribonian, this paper suggests that, in parallel to his better known 'complex of Tribonian' (Pierre Mesnard), Hotman seems to have suffered from a 'complex of Gratian': the doctrinal unity and institutional accomplishments of the early Church, as represented by the first councils, may well have dazzled Hotman and kept him from writing some definitive work against Gratian. [ABSTRACT FROM AUTHOR]

Catholic institutions of higher education are in the world with a purpose that stems from an identity rooted in the life and the faith of the Church. Their reality is partially constituted and guided by a set of principles and rules of law. This 'normative framework' defines the path of each university toward the common good. Norms are also essential for stabilizing the life of these organizations and for protecting their identity and mission throughout time. This article presents a summary of that normative framework, to furnish a specific perspective—the legal point of view—for observing, understanding, and assessing the reality of these institutions. The article starts with a reflection on general issues that foster such an understanding and then proceeds to present the principles and norms that constitute such normative framework: natural and divine positive law, public international law and state law, and, finally, the basic norms of Church law: the Code of Canon Law (1983), the Code of the Canons of Eastern Churches (1990), and the Apostolic Constitutions Ex Corde Ecclesiae (1990) and Veritatis Gaudium (2017), with some reference to its predecessor Sapientia Christiana (1979). [ABSTRACT FROM AUTHOR]

The influence of secularization and secularism in today's society has led to a process of privatization of religion. Faced with this reality, Pope Francis, in his Apostolic Exhortation Evangelii gaudium, has promoted the need for a pastoral conversion, betting on a "Church going out" that, on the one hand, can cope with this process and, on the other hand, go out to meet all those people who suffer in the existential peripheries. The aim of this paper is to demonstrate, through a qualitative and quantitative methodology, how canon law is a reality that cannot stand aside from this call and how, in the specific area of child abuse within the Church, it must opt for a position that we call "expansion" or extra ecclesiam, capable of recognizing and dealing with the cases that have occurred, as well as operating a system of cooperation with the civil order, with the aim of promoting justice and the common good of society, in order to limit the growing process of secularization. [ABSTRACT FROM AUTHOR]

The article examines the issue of abduction and kidnapping in the modern world. This issue is analyzed in two legal systems: the canon law of the Latin Rite Catholic Church and Polish penal law. The choice of these two systems aims to highlight the consistency in understanding and penalizing the offence of abduction (kidnapping). A mixed-method approach, incorporating both analysis and synthesis, is employed in this study. The analysis is comprehensive and multifaceted, while the synthesis aids in organizing and integrating the findings on this topic. [ABSTRACT FROM AUTHOR]

The purpose of the article is to focus on the early history of law in our era, when secular law and religious one shaped each of their own legal system, but at the same time were not clearly distinguishable and separable. The work highlights some important but key nuances that seem to particularly characterize the dimensions of religious and secular law. The main results of the article form a set of conclusions about the presence of secular and spiritual values in the common legal culture of the distant Roman Empire. In times, when canon or religious law, which manifested itself as one of the facets of values of the Christian church, began to become an inevitable part of secular law. In the end, it is important to note that the work as a whole concludes that the political and dogmatic, hence the divine and traditions of the Roman Empire of the ancient state, were became more and more vividly and obviously apparent not only in laws, decisions and edicts of the empire, but also in their potential and possible clash with the acts and regulations issued by the church as a competing force for the power of the empire. [ABSTRACT FROM AUTHOR]

Catholic institutions of higher education are in the world with a purpose that stems from an identity rooted in the life and the faith of the Church. Their reality is partially constituted and guided by a set of principles and rules of law. This ‘normative framework’ defines the path of each university toward the common good. Norms are also essential for stabilizing the life of these organizations and for protecting their identity and mission throughout time. This article presents a summary of that normative framework, to furnish a specific perspective—the legal point of view—for observing, understanding, and assessing the reality of these institutions. The article starts with a reflection on general issues that foster such an understanding and then proceeds to present the principles and norms that constitute such normative framework: natural and divine positive law, public international law and state law, and, finally, the basic norms of Church law: the Code of Canon Law (1983), the Code of the Canons of Eastern Churches (1990), and the Apostolic Constitutions Ex Corde Ecclesiae (1990) and Veritatis Gaudium (2017), with some reference to its predecessor Sapientia Christiana (1979).

The article explores legal medieval iconography in its inextricable connection with the religious ideas of the time and ecclesiastical settings reflected in the canon law, theology, and hagiography. The first steps in this direction were taken only in the beginning of the 21st century, even though the iconic turn in historical research has been discussed for decades. Nevertheless, recent publications on legal medieval iconography still come from the pen of art historians, philologists, or literary critics, but not legal historians. As a result, the analysis of the content of these images is often replaced by mere descriptions. The author offers quite a different approach. Instead of studying miniatures and marginalia only as illustrations to the text to which they are formally attached, she attempts to relate the content of these images with medieval religious ideas. Such a turn of study necessitates references to ecclesiastical texts, and in each individual case, as the author accentuates, it requires a distinctly specific source. Thus, the analysis of the miniature from the “Coutumes de Toulouse” (end of the 13th c.) requires the reference to the Decretum of Gratian and the Liber sextus of Boniface VIII, according to which the artist interpreted the degradation of clerics. The marginalia from the “Coutumes de Bordeaux” (1438), which illustrates the death sentence imposed on thieves, recalls the doctrine of atonement developed by Anselm of Canterbury. The image of the Virgin Mary in the scene of fox Renard’s hanging from the Smithfield decretals (second half of the 14th c.) refers to the ideas of the parasudic procedure liberatus a suspendio, repeatedly described in Marian hagiography. The treatise of French theologian Jean Gerson “Requête pour les condamnés à mort” (end of the 14th c.) should be considered as a starting point for changing the iconography of the death penalty in the next century. In general, as the author concludes, the comparison of medieval legal images with the works of canonists, theologians and hagiographic writings allows not only to understand the deeper meaning inherent in miniatures, but also to clarify the dating of manuscripts, the principles of the artists’ work and their relations with clients. Статья посвящена проблеме современного изучения правовой средневековой иконографии. Автор отмечает, что первые шаги в этом направлении были сделаны лишь с началом XXI века, несмотря на то, что об иконографическом повороте в исторических исследованиях говорится на протяжении многих десятилетий и упоминается он уже в трудах Якоба Буркхардта, Аби Варбурга и Эрвина Панофского. Тем не менее, публикации последних лет, в которых рассматриваются иллюстрации правового содержания из средневековых юридических и иных кодексов, до сих пор выходят из-под пера искусствоведов, филологов или литературоведов, но отнюдь не историков права. Как следствие, во многих случаях анализ содержания данных изображений подменяется их описательностью. Автор статьи предлагает свой подход к данному материалу и настаивает на необходимости отказа от его изучения лишь в качестве иллюстраций к тексту того или иного письменного источника, к которому он формально прилагается. Один из вариантов изучения средневековых миниатюр и маргиналий видится автору в попытке связать их содержание с современными им религиозными представлениями людей Средневековья, отражение которых находится в сводах канонического права, авторских трактатах, популярной житийной литературе. В статье последовательно рассматривается несколько миниатюр и маргиналий, взятых как из правовых кодексов, так и из хронистики. Их сопоставление с трудами канонистов (Грациана и Бонифация VIII), теологов (Ансельма Кентерберийского и Жана Жерсона), агиографических сочинений (прежде всего марианского цикла) позволяет не только установить более точное время появления некоторых из этих изображений, но и понять, как именно работали художники, чьи заказы они исполняли, какие именно религиозные идеи нашли отражение в их иллюстрациях.

This research discusses the validity of divorce judgments issued by civil courts against Catholic couples from the perspective of Canon Law. Canon Law itself, as the internal legal system of the Catholic Church, does not recognize divorce as a means to end a valid marriage. Marriage is considered sacred and indissoluble. Although civil courts have jurisdiction to issue divorce judgments according to state law, this research examines how such judgments are viewed from the perspective of Canon Law and their impact on the religious status of divorced couples. Through analysis, this research finds that divorce judgments by civil courts do not alter the marital status in the context of the Catholic Church, which still considers the marriage valid and binding. This finding highlights the legal dualism between state law and Canon Law and its practical implications for Catholic individuals facing divorce. This research recommends the need for a deeper understanding and sensitive handling of divorce cases involving Catholic couples to avoid legal and religious conflicts. [ABSTRACT FROM AUTHOR]

What did it mean for poor and middling men and women to take up arms against their government? How did they negotiate competing claims for their participation in civil war and what consequences confronted them? This article analyses the crown's investigation of its opponents following the 1321–22 civil war, comparing its predecessor of the Montfortian civil war (1263–67), to examine how the king, justices and juries tackled these questions. It demonstrates how the crown rooted the summary conviction and execution of Thomas of Lancaster and other noble insurgents in common law procedure; then, at the King's Bench and a special inquiry in the Welsh Marches, re-framed treasonous offences to tackle non-noble insurgents; then, fearing a new uprising, instrumentalised the common law's machinery to gather military intelligence. The crown recognized the agency of subjects across society in civil war and juries were ideally placed to investigate it; they also weighed subjects' culpability, balancing obligation to the king against the mitigating realities of coerced participation in war. Thus, juries and the communities who informed their verdict were invited to engage with the ethical and legal dilemmas of civil war. This article thus presents a people's history of treason. [ABSTRACT FROM AUTHOR]

Wedding rituals and ceremonies have been depicted in various forms of literature, art, and illuminated manuscripts in medieval times. These representations offer valuable insights into the cultural, religious, and social aspects of weddings during that period. This article considers the state of research on visual representations of the wedding ceremony in the Middle Ages and how these pictures reflect legal, religious, and cultural/social aspects of medieval life in Europe. Using examples from various religious, literary, and legal texts, several questions will be addressed: In which contexts were the pictures of wedding ceremonies created? What is depicted and what is not? Which legal, religious, and cultural aspects are reflected in the medieval visualizations of the wedding ritual and how do the visualizations correspond to the religious, legal, and cultural setting of the wedding ritual in the Middle Ages? Illuminated legal manuscripts, particularly the Liber Extra, the Decretals of Pope Gregory IX, reveal much about the rituals that signified the essence of the medieval wedding ceremony: the exchange of consent, the joining of the right hands (dextrarum iunctio), and the blessing of the union by a priest. Since the Fourth Lateran Council in 1215, marriage was considered a sacrament by the Church, making the ritual a fulcrum of religious life. However, only the consummation of a marriage was able to bring the property-related effects of marriage into effect, and some pictures from a secular context refer to this part of the wedding ceremony. The primary function of these visual representations of marriage was the illustration of the text, in both canon law manuscripts and medieval literature. Therefore, they are, besides the textual transmission, valuable sources and crucial interpretive keys for understanding the legal and socio-cultural dimensions that shaped the institution of marriage in medieval Europe. [ABSTRACT FROM AUTHOR]

This article argues that a systematic change was introduced into Icelandic society between 1096 and 1133. The main events concerning this change were the introduction of the tithe in 1096, the Icelandic Church changing allegiance from the archdiocese of Hamburg-Bremen to a newly constituted archbishopric of Lund in 1104, the foundation of a new see at Hólar in 1106, the codification of Icelandic laws in 1118, and finally the establishment of Christian law and the composition of The Book of Icelanders sometime between 1122 and 1133. These changes all took place within a single generation, and they were led by the same individuals. Together, they heralded a cultural revolution that changed the constitution and the status of the Church in society. Among the major components were the advent of literacy and formal education, the institutionalization of the Church, and the territorialization of ecclesiastical authority. These radical changes affected secular institutions and led to a reorganization of society on many levels. Within a few decades, the political culture of Iceland had been transformed. Because Iceland was a country without any executive authority, this transformation, enacted through the willful submission of the leading people to their ecclesiastical leaders, was remarkable. It led to the Europeanization of Icelandic society in cultural matters, and at a later stage, to the introduction of an executive government in the thirteenth century. [ABSTRACT FROM AUTHOR]

Contract law was one of the main subjects discussed in the early modern legal genre of differentiae iuris civilis et canonici ('differences between civil and canon law'). Similar topics were covered in both late medieval and early modern differentiae – hence this genre offers a good opportunity for comparative historical research dedicated to selected topics of contract law (such as those discussed here: the actionability of bare agreements, stipulation for the benefit of a third party, overreaching in contract formation and the lease of a house to a scholar). An examination of the sources proves that the authors of early modern differentiae applied the comparative method in their works. This involved the presentation of sources and rationales from the two bodies of law, the interpretation of sources and arguments in favour of the solutions offered, references to the then-current legal literature and practice and most importantly the preferred method of reconciliation for conflicting laws. [ABSTRACT FROM AUTHOR]

This paper analyzes the juridical issues concerning the material reparation of churches and sacred objects after the Iconoclastic Fury in 1566–1567, based on the works of Petrus Peckius (1529–1589). The Fury left an unprecedented path of destruction in many towns of the Low Countries. It presented society not only with political and religious challenges but also with a myriad of legal ones. As a Leuven law professor in this time of chaos, Peckius published the treatise "De sacrosanctis et catholicis Christi ecclesiis reparandis ac reficiendis" (1573). Peckius' take on the theme reveals an intricate analysis of the varied circumstances of destruction, the means of funding the repairs, and the liability of different actors – from the perpetrators of the destruction themselves to the prelate, the parishioners, and even town magistrates. After an initial overview of the Iconoclastic Fury and a brief biographical note on Peckius and his works, this paper will present Peckius' ideas in a 'timeline' of three phases: going, respectively, from the assessment of damages and planning the extent of restoration; to considerations on liability; and, finally, to the juridical means of enforcement. Along with each phase, we provide critical reflections on Peckius' influences and positions in the context of the Iconoclastic Fury. [ABSTRACT FROM AUTHOR]

The article is dedicated to the encounters between medieval canon law and modernity in the 19th century. It analyzes the influence of medieval law, especially of matrimonial law, the instrumentalization of the Investiture Controversy in the political debate, and the influence of these debates on the study of medieval canon law. [ABSTRACT FROM AUTHOR]

The question if it is possible to speak of "Geltungsformen des Rechts" for the period between ca. 1050 and ca. 1150, will usually be answered with 'no', since it was not clear what was generally enforced. The intensive research of the last decades has shown that there was little canonistic activity coordinated from Rome. Instead, both compilers and users of canon law collections pursued their own interests and needs arising from pastoral care. That resulted in various forms of reception and transmission of the normative texts. What was constant throughout the period was the fact that the authority as such of canon law was taken for granted, even if individual texts were at times ignored. This consensus found its expression in the idea that the Holy Spirit was the ultimate author of the sacred canons. The present paper deals with the role of this idea by analyzing four letters of Petrus Damiani and their influence on later thinkers up to ca. 1150. [ABSTRACT FROM AUTHOR]

The essay examines late medieval discussions concerning 'Kaiserrecht' (Imperial Law, Emperor's Law) in northern and eastern Germany. A closer look at the municipal law of Lüneburg (1401) with its different layers of customs, book of statutes, 'Kaiserrecht' and Canon law shows clearly the problem. Notwithstanding the close similarity to the learned concept of the theory of the statutes, the Lüneburg source did in fact not follow the erudited hierarchy of particular law and civil law. The city possessed some manuscripts of the so called 'Schwabenspiegel' (Swabian Mirror) and the 'Kleines Kaiserrecht' (Emperor's Little Law) which were both, contemporarily, denominated as 'Kaiserrecht'. Broadening the perspective from this example to other northern and eastern cities, it is possible to find more than 80 examples of Law Books ('Rechtsbücher') which were all called Emperor's Law. The influence of the Swabian Mirror – firstly recorded in Regensburg or Augsburg – spread from the south wide into the north and the east. The often treated question if there existed some common German customs in medieval time is perhaps not that silly, as shows modern research, while older scholars' approaches – like Heinrich Christian von Senckenberg's (18th century) – may have been promising. On the other hand the reception of the learned law should perhaps sometimes be dated later. Although the duty to apply the Emperor's Law in procedural edicts and statutes was enacted in the 15th century, decisions still followed Roman law as well as, sometimes, the German Law Books from the 13th or the 14th centuries. [ABSTRACT FROM AUTHOR]

Canon 103, § 2 of the 1917 Pio-Benedictine Code of Canon Law stated that juridical acts placed out of dolus were valid, if the law did not state otherwise. However, there were four instances when the law did state otherwise, namely; in case of canonical election, if the voter was subject to dolus in order to vote for a certain person, the vote was invalid (canon 169, § 1); in the case of resignation, the law stated that the resignation was invalid if it was made out of dolus (185); in the case of novitiate, the law stated that the novitiate was invalid if the person who entered into religious life would have been induced by dolus to do that, or if the Religious Superior would have been induced by dolus to receive a candidate into religious life (542, l°); and in the case of religious profession, the law stated that the religious profession had to be given without dolus (572, § 1, 4°) in order to be valid. Yet, the canonical commentators pointed out that there were some requirements in each case for dolus to invalidate the juridical act. Thus, in the case of canonical election it must be proved that the voter voted being deceived by either substantial dolus or antecedent dolus. Merely concomitant dolus had no effect on voting. In the case of a resignation from an office again it must be proved that either substantial or antecedent dolus was involved. The same thing was true in the case of the admission to the novitiate and in the case of religious profession, i.e. either substantial or antecedent dolus must be involved. [ABSTRACT FROM AUTHOR]

The article is a book review of "Text and Textuality in Early Medieval Iberia: The Written and the World, 711–1031" by Graham Barrett. The book analyzes the corpus of 4,095 charters from non-Catalan Iberia dating between 711 and 1031, which have been scattered among various editions. The author provides a systematic analysis of this corpus, examining aspects such as palaeography, diplomatics, region, personnel, typology, and complexity. The book also explores topics like scribes, regnal dating, citation of other charters, and mentions of books. The review praises the author's meticulous work and highlights the valuable insights provided by the book. [Extracted from the article]

The article addresses the legal issues related to the sermon which is preached during the liturgy that is celebrated after the Second Vatican Council according to the 1962 books of the Roman Rite. The rubrics of these books did not include the sermon as an integral part of the liturgy, and therefore its delivery was often catechistic and non-homiletic in nature. Therefore, a research problem emerges regarding the necessity to take into account the current disciplinary norms concerning the homily, which is nowadays treated as a sacramental act of worship. The analyses lead to the conclusion that the sermon in the liturgy according to the pre-conciliar books remains an unintegral part of the celebration. However, the connection between the preached word and the celebrated liturgy should now be taken into account. When preaching a sermon within the liturgy in question, the disciplinary norms of the current Code of Canon Law should be observed. However, the integrity (shape) of the rites contained in the 1962 books should also be preserved. [ABSTRACT FROM AUTHOR]

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The article focuses on natural law and positive law in legal interpretation. Topics discussed include background on natural law and how it functioned in early American jurisprudence, general role of interpretive canons and why Natural Law Avoidance qualifies as a canon, the relevance of Natural Law Avoidance in the modern era.

The presented article analyzes the system of church law within the framework of the canonical heritage of the eminent pre-revolutionary researcher Nikolai Semenovich Suvorov (1848–1909). Being an Honored Professor of Church Law at the Imperial Moscow University, N. S. Suvorov is considered one of the founders of church legal science in the Russian Empire. The apogee of Nikolai Semenovich Suvorov’s research activities dates back to the last quarter of the 19th century. This time is certainly associated with the flourishing of the domestic science of church law. Suvorov’s textbook “Course of Church Law” was reprinted many times, and its historical and canonical monographs were evaluated by the theological and academic community at the level of leading Western European analogues. N. S. Suvorov authored a myriad of printed works, including dozens of monographs and textbooks, as well as hundreds of specialized articles and reviews in the field of church law. The author of this article tried to systematically reflect the church-canonical views of N. S. Suvorov. Nikolai Semenovich Suvorov is an exponent of two most important trends that characterize the complex process of formation of the pre-revolutionary domestic discipline of church law. Firstly, that is the attribution of the science of church law not in the field of theological competencies, but within the framework of jurisprudence. Secondly, the construction of a domestic system of church law based on classical examples of Western European Canon Law. Thus, the main feature of N. S. Suvorov’s research approach lies in the construction of a legal system of church law, conditioned by the methodology and principles of Western Canonology. The scientific novelty of the presented article lies in the fact that despite in-depth historical and canonical research, N. S. Suvorov remains the least studied thinker among the galaxy of pre-revolutionary canonists. Fundamental monographs by N. S. Suvorov on the history and ontology of church law are of enduring importance for modern church legal science.

The autonomy and independence of civil law in relation to canon law, especially in those countries where these legal systems meet in the drafting and application of international agreements of the concordat type, are not entirely simple questions maintaining both - national and international dimensions. The first level question seems to be the reception of canon law by civil law in the view of the principle of independence and autonomy of state legal systems. The second level question is the validity and effectiveness of international bilateral human rights rules agreed with the Holy See. Many multilateral international treaties of universal and regional nature on human rights, especially in the areas of protection of freedom of religion and freedom of conscience, generally regulate the legal relations, but specific regulation of concordats is also appropriate, sometimes complementary, and sometimes primary. [ABSTRACT FROM AUTHOR]

The contribution aims to investigate the reflection of the jurist Pietro d'Ancarano between the years 1405-1409 and the passage from the idea of the via cessionis, expressed in the treaty of 1405 as the only solution to the schism, to the complete adherence to the program of the councilium generale utriusque partis of the cardinals separated from their respective popes. The case study offers the possibility of highlighting the relationship between legal production and the failure of the negotiations between the contenders to the papacy and to explore the role of Ancarano in planning phase of the council.

In accordance with their constitutional prerogatives, members of the Church engage in activities that align with their designated roles and responsibilities. A review of both the history of the Church and the documents in force reveals that the Church, in its broadest sense, is concerned with the promotion of peace. Such areas are, by definition, those which fall within the purview of laypeople. The Second Vatican Council accorded particular attention to the promotion of social justice and peace, as well as to the apostolate of lay faithful. Consequently, the two areas were brought into contact and underwent further development. This paper presents the historical trajectory that has culminated in the most comprehensive positioning of the laity in the promotion of social justice, elucidating the legal distinctions pertaining to the most prevalent methods through which they can promote peace.

François Hotman (1524–1590) was one of the leading Reformed jurisconsults of his time. Past research has stressed his innovative interpretations and practices in the study of Roman, feudal, and French constitutional law. Little has yet been said about his views on canon law, another fundamental legal body in Western history that experienced renewed intellectual scrutiny during the sixteenth century. This paper investigates some of Hotman’s early work on canon law, focusing on his legal–historical reconstruction of the early Church in De statu primitivae Ecclesiae (1553) and his contribution to a budding historical field in Catholic circles: conciliar history. Despite the general lack of interest in the history of councils on the part of some leading Protestant theologians (Luther, Calvin, Bullinger), Hotman clearly believed that the textual tradition of councils provided a prime example of sustained popish efforts to control and deform the historical narrative and the legal structure of the Church. Yet, although he seems to have worked on demonstrating just that over more than forty years, he never again voiced his views on the matter in a dedicated work. Comparing in its conclusion De statu primitivae Ecclesiae with Antitribonian, this paper suggests that, in parallel to his better known ‘complex of Tribonian’ (Pierre Mesnard), Hotman seems to have suffered from a ‘complex of Gratian’: the doctrinal unity and institutional accomplishments of the early Church, as represented by the first councils, may well have dazzled Hotman and kept him from writing some definitive work against Gratian.

The influence of secularization and secularism in today’s society has led to a process of privatization of religion. Faced with this reality, Pope Francis, in his Apostolic Exhortation Evangelii gaudium, has promoted the need for a pastoral conversion, betting on a “Church going out” that, on the one hand, can cope with this process and, on the other hand, go out to meet all those people who suffer in the existential peripheries. The aim of this paper is to demonstrate, through a qualitative and quantitative methodology, how canon law is a reality that cannot stand aside from this call and how, in the specific area of child abuse within the Church, it must opt for a position that we call “expansion” or extra ecclesiam, capable of recognizing and dealing with the cases that have occurred, as well as operating a system of cooperation with the civil order, with the aim of promoting justice and the common good of society, in order to limit the growing process of secularization.

Normative texts need to be authoritative to be effective in communicating norms and rules. Recent scholarship has shown a renewed interest in the authoritative status of the texts within early medieval works of canon law and the ways in which authority is reflected in the practice of attribution, promulgation, or organization. A small canonical collection known as the Collectio 91 capitulorum appears to flout the received knowledge. The current article presents this modest collection. It explores the relationship between 'authority' and canon law in general, and examines the negotiation of authority within this collection in particular. [ABSTRACT FROM AUTHOR]

The Communist regime in Romania sought to subordinate various societal sectors, including the judicial system and religious denominations, to its ideological goals. This study delves into the relationship between the Romanian Orthodox Church and the Communist authorities, highlighting the various legal and canonical strategies employed to exert control over religious entities. Specifically, the research focuses on the Romanian Orthodox Church's alignment with Communist regulations, leading to legitimacy and canonicity in state interventions. Through an examination of legal sources and archival materials, the study emphasizes the changing dynamics of religious freedom in Romania during the Communist era. An in-depth prosopographical investigation is conducted into the case of Father Arsenie Boca, shedding light on the canonical framework of the Romanian Orthodox Church in the early Communist years and its implications for a modern understanding of this period. [ABSTRACT FROM AUTHOR]

Pascite gregem Dei is not only a significant reform of Book VI but also a landmark in the Church's theological understanding of her own penal law. However, a clear theology of penal canon law is still lacking today. This article aims to contribute to this gap by understanding the new canon 1311 §2 through Pope Francis's writings on mercy and justice. According to Pope Francis, justice is served when law is not self-referential but serves its higher purposes. For penal canon law, canon 1311 §2 demonstrates what its higher purposes are: restoration of justice, reform of the offender, and repair of scandal. Moreover, each of these three penal aims is rooted in mercy, according to Pope Francis. A shift is happening in legal doctrine. The restoration of justice is increasingly understood as being aimed towards compensation for victims. Some canon lawyers even seem to believe that this penal aim is the most important of all. Lastly, this theological interpretation of the three penal aims reforms our understanding of mercy. Mercy is not, as was sometimes suggested, a "soft" penal law or a mere lenience towards the offender. Rather, it is the proportionate fulfilment of all three penal aims of canon 1311 §2. This is demonstrated by many other canons in the new Book VI, which often refer back to these same penal aims. [ABSTRACT FROM AUTHOR]

In recent years, the sacramental seal and the internal forum have been subjected to numerous attacks in both the mainstream media and in state legislatures. Arguments are made with increasing frequency that "secrecy" has no place in modern society, at least when respecting "confidential communications" means certain heinous crimes may go unreported. Nevertheless, respect for the contents of the internal forum is a long-established principle of morality and canon law, and its importance in the life of the Church cannot be ignored. This article begins with an examination of the current civil laws of the United States respecting confidential communications made to clergy. It then considers the relevant moral and legal principles, including recent and important relevant guidance from the Holy See. Finally, the article concludes with a review of three specific areas in which the balance between sharing necessary information and protecting the internal forum are especially imperative: abuse reporting systems, seminary formation programs, and document retention policies and practices. [ABSTRACT FROM AUTHOR]

The article discusses the Hamar Lawbook, a national law book issued in 1274, which contained general rules valid throughout Norway and special compilations for specific legal contexts. It explores the use and preservation of Christian laws in medieval Norway, comparing King Magnus's Christian law to older Christian laws. The article examines the manuscript tradition of these laws and their circulation in different regions of Norway. It also discusses the material aspects of a specific lawbook, Ms. 4° 317, used at the Church of Hamar, and its complex history. The text concludes by discussing the vernacular laws of the Church of Hamar and their connections to international legal culture. [Extracted from the article]

This article explores the role and significance of Old Norse law books in medieval and early modern Scandinavia. It emphasizes the importance of these books in organizing annual assemblies and the symbolic function of carrying a law book during these events. The article also discusses the materiality of law books throughout history, from medieval manuscripts to modern printed editions. It highlights the practical and functional nature of most law books, but also examines a lavishly decorated codex that served as a display of wealth and cultural capital. The article concludes by discussing specific law books and their owners, shedding light on their use and adaptation over time. The text aims to provide new insights into the study of medieval and early modern codices and their significance in understanding the laws of the period. [Extracted from the article]

The depiction of Andean religion in the Comentarios reales de los incas (1609, 1617) has centered on Garcilaso de la Vega's providential interpretation of Inca pagan governance and the influence of the Christian humanist traditions that he mastered as an adult in Spain. However, scholars have not adequately recognized his attention to the ecclesiastical debates regarding the persistence of Inca cult beliefs and practices in the colonial Andean society of his day. This paper examines a new source for understanding the chronicler's portrayal of Inca religion, the catechisms and canon decrees of South America's definitive post-Tridentine assembly, the Third Provincial Council of Lima (1582–1583), which established the Church's official stance on the fundamental "idolatry" of Inca morality and ritual customs and the need for their extirpation. It will be argued that Garcilaso's knowledge of natural and canon law provided the basis for his defense of the Incas' religion and justice system and his criticisms of the anti-Inca tenor of the council's directives on Andean custom and intercultural dialogue. The chronicler's response to the council's pronouncements on the ritual of penance, in particular, offers novel insights about the indigenous reception of the Church's missionary regime within an orthodox and culturally-integrated vision for Andean Christianity. [ABSTRACT FROM AUTHOR]