The problem of relations between Church and state has existed from the very beginnings of Christianity and has evolved over centuries. The dominant model today is one of separation between the state and religious communities. In the context of the Roman Catholic Church, the Vatican City State remains the only exception to this principle. This article examines the tensions inherent in the way in which the Roman Pontiff, as head of the Vatican City State, exercises both religious and secular power, and how rule of law principles operate to constrain the operation of power as between the various organs of this state.

The activity of Cardinal Stefan Wyszyński as the Primate of Poland occurred in a period when Poland did not maintain diplomatic relations with the Holy See. The period between 1948 and 1981 can be divided, from the perspective of the Warsaw authorities, into three subperiods: no relations and no talks (informal and official), 1948–1965; negotiations, 1965–1974; and working contacts, 1974–1981. The years 1964–1978 were also the period of the apogee of the Vatican's Ostpolitik carried out by Msgr Agostino Casaroli, under the auspices of Pope Paul VI. Cardinal Wyszyński was directly involved four times in talks on the arrangement of Polish–Vatican relations: in 1951, 1957, 1963, and 1965. With time, however, the primate gained more and more distance from the purposefulness of establishing relations between the Holy See and communist states. It should be added that from the beginning of the 1970s, the primate was quite critical of the effects of the Vatican's so-called Ostpolitik. At the end of the pontificate of Paul VI, an open conflict arose between the Secretariat of State and the Primate of Poland, which was resolved only with the election of Karol Wojtyła as Pope.

This article examines how Jews and Judaism are envisioned in the Catholic imagination, through a critical reading of contemporary Catholic discourse on Judaism. It identifies three problematic areas. The first concerns the tendency of Catholic discourse to project a specifically Christian vision of salvation history onto the Jewish people, which reflects Christian rather than Jewish self-understanding. Second, this article analyzes patterns in language and imagery in Vatican documents about Judaism, alert to troubling allusions implicit in the texts. The third area concerns a hermeneutical obstacle to deep interreligious understanding, one which may be ultimately insurmountable: namely, the challenges of understanding the religious other according to its own self-understanding. This article reaches an ambivalent conclusion, conceding that the goal of recognizing the self-understanding of another religious tradition may ultimately be impossible.

This study, which focuses on the Roman Catholic Church, explores the concepts of confidentiality and the right to privacy in contemporary moral and legal thought. The management of church personnel files presents the challenge of observing and maintaining confidentiality and privacy. In most cases, the information contained in personnel files of the clergy, members of religious institutes, and others holding ecclesiastical offices is confidential, which should safeguard the reputation of all persons involved. From a juridical viewpoint, the Church's innate duty to respect the dignity of the person, as well as the natural right of privacy and good name, forms the foundation of this study. Certain practices in the Church entail the collection, use, or retention of confidential information about individuals for internal purposes, the administration of justice, and the management of archives and documents in the diocesan curia. In the final analysis, the Church has the responsibility to both protect the privacy of all the faithful and to transmit the Gospel message transparently.

Welsh jurist and Anglican theologian Norman Doe has pioneered the modern study of comparative ‘Christian law’, analysing the wide variety of internal religious legal systems governing Catholic, Orthodox and Protestant churches worldwide. For Doe, religious law is the backbone of Christian ecclesiology and ecumenism. Despite the deep theological differences that have long divided Christian churches and denominations, he argues, every church – whether an individual congregation or a global denomination – uses law to balance its spiritual and structural dimensions and to keep it straight and strong, especially in times of crisis. This makes church law a fundamental but under-utilised instrument of Christian identity and denominationalism, but also unity and collaboration on many matters of public and private spiritual life, both clerical and lay. Doe has developed this thesis in a series of impressive scholarly projects and books – first on Anglican law, then comparative Anglican-Catholic canon law, then all Christian laws and other Abrahamic laws, and their interaction with secular legal systems. This article offers an appreciative analysis of the development of Professor Doe's scholarship, and situates his work within the broader global field of law and religion studies.

The role played by Christianity and Christian churches in the demonization of the Jews by the German National Socialist and Italian Fascist regimes remains a subject of intense controversy. The historiography at the base of this debate has been largely rooted in research on either Germany or Italy, yet comparative empirical study is particularly well-suited to allow broader generalizations. Such work is especially valuable given the very different relationships the two regimes maintained with the churches. This article identifies similarities and differences in the Nazi and Italian Fascist uses of Christianity in their efforts to turn their populations against the Jews through examination of two of their most influential popular anti-Semitic propaganda vehicles: La difesa della razza in Italy and Der Stürmer in Germany. Both mixed pseudoscientific racial theories with arguments based on Christian religious authority, and both presented themselves as defenders of Christianity against the Jewish threat. Yet while the Italian publication, reflecting the Fascist regime's close relationship with the Roman Catholic Church, took care to present itself as in harmony with the Church, the German publication adopted a much more critical attitude toward contemporary German churches and churchmen, casting them as having strayed from the true teachings of Jesus.

This article examines how Fascism’s economic autarky impacted on church construction in the late 1930s. The shortage of copper in Italy due to sanctions imposed by the League of Nations and the ensuing Italian policy of self-sufficiency led to the installation of loudspeakers instead of bells in newly erected churches. The amplified sound of recordings and of tubular bells could be heard from far greater distances than that of traditional bells. Although these technologies disregarded the Catholic Church’s directives on utilising modern technical equipment in liturgy, their use was tolerated because of the economic circumstances. Indeed, some clergy endorsed these sound systems as a means of modernising the Church and as an act of patriotism. The practice, however, risked conflating ecclesiastical and Fascist broadcasts since the use of loudspeakers for political propaganda was widespread. In one case, the Fascist anthem Giovinezza was played regularly from a church belfry: after the war, furious citizens destroyed this audio system. The decision by dioceses as to whether to adopt technological alternatives to bells exposed the conflicting positions within the Church towards both modernity and the Regime.

This article compares the use of the term ‘pastoral’ in the canon law of the Western Latin Church as it occurred in the 1917 Pio-Benedictine Code of Canon Law and then in the revised Code of 1983. This is because the revised Code increased the use of the term ‘pastoral’ and I wish to see if its meaning had changed and, if so, in what way. Hence, the article considers how ‘pastoral’ occurred in the 1917 Code and then in the equivalent canons in the 1983 Code. There follows comparison with the earlier canons, which were sources for the 1983 canons to see if the term has changed in meaning and, if so, what that change is. I am interested to track the use of ‘pastoral’ because it has become ubiquitous in the churches and in society and has different meanings and expectations associated with it. As far as canon law and ecclesiastical law generally are concerned, it is interesting to consider how the term is used and this article is a contribution to an understanding of ‘pastoral’ in the law of the Roman Catholic Church.

This article provides a general account of the universal law of sanctions in the Roman Catholic Church. The crisis of the Catholic Church caused by clergy sexual abuse of minors has revealed, among other things, the widespread well-intentioned but naïve inclination to resort to penal law as opposed to any theology of mercy and forgiveness. Although the author argues that penal law has a proper place in the Catholic Church, he considers that in a voluntary community that shares a homogeneous system of moral values without strong penalties involving deprivation of liberty – a community like the Catholic Church – moral and administrative sanctions could be more effective than penal sanctions. A distinction between administrative sanctions and penal sanctions, and therefore between administrative tribunals (should they be established) and penal tribunals, is highly recommended.

This article analyses the Catholic view of religions by examining its beginnings as a theology of salvation for non-believers summarised by the aphorism extra ecclesiam nulla salus. It notes that Catholic attempts to examine the capacity of religions per se in attaining salvation for their followers took place in the period before and during Vatican II when the church began assessing the non-Christian person not just as an isolated individual but also by taking into account her wider affiliations to a religious community. This analysis has revealed there were hermeneutical tensions within the church about whether the Council signified greater continuity or discontinuity with tradition, and consequently, similarly contrasting views about the extent to which it was willing to see other religions as holding salvific function to any extent. The survey has concluded that ultimately the Council chose to leave this question of the salvific function of other faiths open for further investigation, even though it displayed an unprecedented positive appreciation of them, contra some observers who have argued the church recognised the possibility of salvation for non-Christians through their own faiths. Nevertheless, the Second Vatican Council did affirm the significance of other religions as a preparation for the Gospel, as well as showed a movement beyond the pre-Conciliar notion of extra ecclesiam by granting the possibility of salvation for non-Christians, particularly those who are invincibly ignorant and who had striven to live an upright life by observing natural law. This implies that the next theological question on the agenda could be on the role and functions of these religions; i.e. are those people who are reckoned to be saved, saved through or despite their religions, and how is this salvation related to the church or to the work of Christ or both? Thus, the analysis provided in this theological-historical survey will serve to provide the backdrop for further discussions on post Conciliar developments within the Catholic theology of religions. Finally, an understanding of Catholic views towards other religions will also be illuminative for Protestantism as it seeks to advance its own theological understanding of world religions.

The Second Vatican Council is recognised by the Roman Catholic Church as the twenty-first ecumenical council. The largest in terms of participants and one of the longest-running, it also covered the widest range of topics and produced the largest volume of documents and decrees. This article, based on the text of the ninth Lyndwood Lecture, examines a number of characteristics of Vatican II in comparison with previous councils, arguing that, while in many ways Vatican II was novel, in its composition, agenda, influence and reception one can discern parallels with past councils back as far as the first ecumenical council at Nicea in 325.1

The biennial Lyndwood Lectures are a significant ecumenical joint commitment by the Canon Law Society of Great Britain and Ireland and the Ecclesiastical Law Society. The Canon Law Society, as host, selected Professor Norman Tanner SJ to deliver the 2012 lecture1 and as is customary it fell to me, as chairman of the guest society, to conclude the event with comment and thanks.

This article addresses the problem of the Catholics' diffusion of anti-Jewish propaganda in the second half of the nineteenth century, and the question of the role of the Roman Catholic Church in the formation of Italian national identity in the same period. The paper uncovers two layers in the discourse of the Jesuit journal La Civiltà Cattolica regarding Italian unification. On one level, typical of the journal's editorials, nationalism is rejected, while on a less conspicuous level the journal forcefully defines the Italian nation in Catholic terms, partly through the alienation of Jews. The investigation indicates that the approach towards Italian nation-building should be taken into account when studying the Catholics' rhetoric concerning Jews, and it supports the thesis that the contribution of the Church towards shaping Italian national identity should be taken seriously in studies of the Risorgimento.