Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

The recent reform of the Order of studies in the Faculties of Canon Law, carried out by the Decree of 2.IX.02 of the Congregation for Catholic Education, has introduced a new discipline in the Second Cycle of Licentiate, called «Theology of Canon Law». The novelty of this discipline, which did not figure in the anterior Order of study, makes it necessary to consider what may be its nature, content and method. In this work I propose two objectives. On the one hand, to make a critical commentary to the book of P. Gherri-«Lezioni di Teologia del Diritto Canonico», Lateran University Press, Roma, 2004- which is one of the first books that appeared after the reform which intends to respond to the mentioned questions. On the other hand, I would like also to expound my opinion about the new discipline, with the desire to contribute to the clarification of its epistemological statute. The work consists, therefore, of two parts with a certain autonomy, which permits also to read them separately. In the second part of the work, the question of the relations between Theology and Canon Law is framed in the context of the so called Sacred Sciences, that is, those Sciences which are based in Revelation and Faith. In the first place, the object and the formal perspective proper of the Theology of Canon Law are studied; and, then, the object and proper method of the Canonical Science are dealt with.

The new Spanish law on education, of May 3, 2006, refers to the statute of the professors of religion in the third additional disposition. In the opinion of some, its content might not respect the Agreement with the Holy See. The difficulty arises, above all, in relation with the faculty recognized to the Ordinary regarding the annual proposal of the professors. In this work, the author proposes an integrating interpretation of law and of the Agreement in order to avoid whatever contradiction. With this objective, it is studied in depth the canonical nature of the relation of the professor with the own Bishop, that is constituted on the figure of mandate, not limited to the superior confines but can be extended to the inferior and middle levels of teaching. The author analyses consecutively the projection that such canonical aspects encounter in the different moments of civil relation: hiring, position and removal.