Issues of the journal that are published as of 2024 are available for purchase from Àncora Editrice (in print or digital format).
Volume: 2018 - Issue: 3
The author proposes that Chapter Eight of the Post-Synodal Apostolic Exhortation Amoris Laetitia, as interpreted by Pope Francis, constitutes an exercise of the Pope’s authentic magisterium. It clearly authorizes Reconciliation and Holy Communion under some circumstances for divorced and civilly remarried Catholics, and is consistent with canon 915, even though it departs from the previous discipline to the contrary.
Within the context of causes of canonization, the place of the Normae servandae, in the hierarchy of sources, cannot be defined as an easy issue. However, on the basis of a critical analysis of subjective and objective criteria, it seems more opportune to consider them as an administrative document, in execution of the law, represented by Divinus perfectionis Magister.
This article follows two different kind of reflections, though interlaced. At first we will take into account some issues regarding professional secrecy according to Italian Law. Then we shall examine some psychological problems which, paradoxically, may spring even from a correct enforcement of Law.
The article starts with a presentation of – both historical and current – canonical norms for the protection of confidentiality. Special attention is given to the history of the «Secret of the Holy Office» and to the «Pontifical Secret». Then the article presents the norms which require that Church authorities act in a transparent way. Finally it discusses the question of possible conflicts between the norms which protect confidentiality and those which try to promote transparency.
What is the transparency about which, rightly or wrongly, we speak so much today? What are the problems posed by this notion, which incidentally is derived from state law, for such a particular system as that of the Church? How is it possible to overcome these difficulties and devise a system — undoubtedly needed! — which is both original and capable of responding to real necessities and the Church’s legislation? Reflection in this area is only at the beginning. But we have to begin somewhere.
The canonical discipline on secrecy and transparency in the criminal field is the result of both the needs of the Church’s system, among which the protection of the good reputation of the people involved and the need to protect the public good that, in the case of the crime of child abuse committed by clerics, must protect the community from the possibility of recurrence of the crime. The canonical norm does not substitute but is added to the statutory one as an instrument at the service of the human person and in particular of the victims of criminal behavior.
Secrecy and transparency are instruments to guarantee procedural justice but also «pastoral» justice, in the terrain of the meeting of those involved in the processes with the life of the communities. Here are presented some practices that can injure the rights of the faithful involved in the processes, both defense and good reputation.