Canon Law and Secularization: Societal Trends and the Changing Role of Religious Law

A special issue of Religions (ISSN 2077-1444). This special issue belongs to the section "Religions and Theologies".

Deadline for manuscript submissions: closed (28 February 2025) | Viewed by 2706

Special Issue Editor


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Guest Editor
Department of Law, University of Naples Federico II, 80138 Napoli, Italy
Interests: ecclesiastical law; canon law; confessional rights; secularism and religious freedom

Special Issue Information

Dear Colleagues,

The relevance that religious laws assume in contemporary societies confirms the overcoming of the Weberian meaning of secularization understood as "disenchantment of the world" and as the progressive retreat of religion from its role as the foundation of social and individual life. On the contrary, the move towards forms of post-secular society—characterized, as stated by Habermas, "by a profound pluralism that requires a public debate in which religious arguments are on the same level as secular ones"—allows us to welcome a different meaning of secularization, supported in the most recent sociological studies and in particular by Charles Taylor, which refers to the circumstance that the choice of faith appears in current societies to be only one of the many human possibilities.

The transition towards plural and fragmented societies is not without implications also for religious laws, and in particular for Canon Law.

Since the birth of the Church, Canon Law has borrowed legal categories and concepts, primarily from Roman law, to become a vehicle for transmitting the Christian message, demonstrating at all times its ability to adapt and renew with respect to the transformations of the socio-cultural context of reference. In this sense, the current processes of secularization and globalization undoubtedly constitute two important factors in the evolution of Canon Law, some essential features of which are represented by the current trends aimed at valorizing the sources of particular law and the ius proprio of religious communities.

This Special Issue aims to explore the role of Canon Law in the current era and intends to contribute to the deepening of the reflection on the changes induced by the secularization of societies on Canon Law as a tool through which to regulate the new forms in which the mission of the Church unfolds in the world. The paradigm shift related to the progressive affirmation of an outgoing Church, as stated in Evangelii Gaudium, also affects the performance of the power of jurisdiction (munus regendi), the power of order (munus sanctificandi), and the power of magisterium (munus docendi).

This Special Issue will also explore the impact of secularization on Protestant Church Law—including the discussion in German-speaking countries—and on other religious laws, such as Jewish and Islamic law.

Finally, this Special Issue welcomes the submission of papers concerning the relevance recognized to the institutes of Canon Law and other religious laws in the context of the processes of the legal translation of cultural and religious identity issues within secularized societies.

We request that, prior to submitting a manuscript, interested authors initially submit a proposed title and an abstract of 200–300 words summarizing their intended contribution. Abstracts are to be sent to the Guest Editor, Professor Maria d’Arienzo (maria.darienzo2@unina.it), or to the Religions Editorial Office (religions@mdpi.com). Abstracts will be reviewed by the Guest Editor for the purposes of ensuring proper fit within the scope of this Special Issue. Full manuscripts will then undergo a double-blind peer review process.

We look forward to receiving your contributions.

Scholars are invited to submit essays on specific and general topics, as follows:

  • Universal Canon Law and particular Canon Law;
  • Canon Law and reform processes;
  • Canon Law and secularization;
  • Codification and secularization;
  • Codification and regulatory centralism;
  • Synodality and Canon Law;
  • Canonization of civil laws;
  • Decentralization and transformation of the sources of Canon Law.

References:

  • Annette Pitschmann and Thomas Schmidt (eds). Religion und Säkularisierung: Ein interdisziplinäres Handbuch. Stutgard: Springer-Verlag. Stutgard, 2014.
  • Carlo Cardia. L’esercizio del governo ecclesiastico in un contesto secolarizzato. Stato, Chiese e pluralismo confessionale 2017, 40: 1 ff.
  • Carlo Fantappiè. Per un cambio di paradigma. Diritto canonico, teologia e riforme nella Chiesa. Bononia: Edizioni Dehoniane, 2019.
  • Giuseppe Dalla Torre. Società secolare e diritto. Rome: Studium, 2020.
  • Hans Joas and Klaus Wiegandt (eds.). Secularization and the World Religions. Liverpool: Liverpool University Press, 2022.
  • Jesus Minambres (ed.). Diritto canonico e culture giuridiche nel centenario del Codex Iuris Canonici del 1917. In Atti del XVI Congresso Internazionale della Consociatio Internationalis Studio Iuris Canonici Promovendo, Roma, Italy, 4-7 October 2017, 2019, p. 431 ff.
  • Jurgen Habermas and Leonardo Ceppa. Rinascita delle religioni e secolarismo. Brescia: , Morcelliana, 2018.
  • Mario Ricca. Simmetrie rovesciate della secolarizzazione. In Diritto e Religioni. 2021. Available online: https://www.rivistadirittoereligioni.com/wp-content/uploads/2023/02/RICCA-simmetrie-rovesciate-1-2021.pdf
  • Rodney Stark and William Sims Bainbridge. The Future of Religion Secularization, Revival and Cult FormationUniversity of California Press: Berkeley, CA, USA, 2023.

Deadline for abstract submission: 10 July 2024

Notification of abstract acceptance: 3 September 2024

Deadline for full manuscript submission: 29 February 2025

Prof. Dr. Maria D’Arienzo
Guest Editor

Manuscript Submission Information

Manuscripts should be submitted online at www.mdpi.com by registering and logging in to this website. Once you are registered, click here to go to the submission form. Manuscripts can be submitted until the deadline. All submissions that pass pre-check are peer-reviewed. Accepted papers will be published continuously in the journal (as soon as accepted) and will be listed together on the special issue website. Research articles, review articles as well as short communications are invited. For planned papers, a title and short abstract (about 100 words) can be sent to the Editorial Office for announcement on this website.

Submitted manuscripts should not have been published previously, nor be under consideration for publication elsewhere (except conference proceedings papers). All manuscripts are thoroughly refereed through a double-blind peer-review process. A guide for authors and other relevant information for submission of manuscripts is available on the Instructions for Authors page. Religions is an international peer-reviewed open access monthly journal published by MDPI.

Please visit the Instructions for Authors page before submitting a manuscript. The Article Processing Charge (APC) for publication in this open access journal is 1800 CHF (Swiss Francs). Submitted papers should be well formatted and use good English. Authors may use MDPI's English editing service prior to publication or during author revisions.

Keywords

  • secularization
  • canon law and secularization
  • religious laws and secularization

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Published Papers (4 papers)

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Research

11 pages, 218 KiB  
Article
The History of Canon Law as a Proper Mirror to Deepen Current Legal Conflicts
by Domenico Bilotti
Religions 2025, 16(5), 559; https://doi.org/10.3390/rel16050559 - 27 Apr 2025
Viewed by 176
Abstract
It is important to underline that the history of Canon Law has a specific significance, even considering the methodological opportunity to find and to reconsider documents, periods, and personalities in order to modify and to enhance already acquired hermeneutical data. A partially unexplored [...] Read more.
It is important to underline that the history of Canon Law has a specific significance, even considering the methodological opportunity to find and to reconsider documents, periods, and personalities in order to modify and to enhance already acquired hermeneutical data. A partially unexplored hypothesis, however, consists in the peculiar attitude of Canon Law in approaching themes coming from the current configuration of legal relationships because the ecclesial paradigm has represented a primary framework, not only in Western societies, for Christian cultures and a not necessarily hostile and antithetical model to the others. By selecting a restrained amount of critical case studies, this essay will consider juridical institutes related to the legitimacy of public authorities, the legal protection of dissent (but on the basis of limited circumstances), the Private law possibility to realize human interests in a pacific, mutual, contractual way. Full article
14 pages, 238 KiB  
Article
The Challenges of Canon Law in the Church of the Third Millennium: Reflections on His “Sociality” from the Italian Doctrine
by Daniela Tarantino
Religions 2025, 16(4), 510; https://doi.org/10.3390/rel16040510 - 15 Apr 2025
Viewed by 273
Abstract
In the challenges that the digital era currently poses, the Church can demonstrate how canon law, both in its cognitive and regulatory dimensions, can innovate by protecting Tradition, guaranteeing the depositum fidei, respecting the intangibility of the principles of divine law in the [...] Read more.
In the challenges that the digital era currently poses, the Church can demonstrate how canon law, both in its cognitive and regulatory dimensions, can innovate by protecting Tradition, guaranteeing the depositum fidei, respecting the intangibility of the principles of divine law in the adaptability of its content, and through a change of paradigm constituted by a plurality of techniques and shared methods that evolve, replace themselves, complement each other, and are integrated for the attainment of salus animarum, supreme lex Ecclesiae. Full article
10 pages, 226 KiB  
Article
GDPR and Canon Law—The Impact of European Union Law on the Canonical Systems for the Protection of the Right to Good Reputation and Privacy
by Fabio Balsamo
Religions 2025, 16(4), 425; https://doi.org/10.3390/rel16040425 - 27 Mar 2025
Viewed by 484
Abstract
The paper examines the impact of GDPR on the canonical regulations established by the National Episcopates of EU Member States in accordance with Article 91, paragraph 1 GDPR. It also focuses on the canonical models of protection for the right to good reputation [...] Read more.
The paper examines the impact of GDPR on the canonical regulations established by the National Episcopates of EU Member States in accordance with Article 91, paragraph 1 GDPR. It also focuses on the canonical models of protection for the right to good reputation and privacy introduced in compliance with GDPR principles, which, in some cases, do not always give proper value to the provisions and instruments, such as the hierarchical recourse, outlined in universal canon law. Full article
19 pages, 298 KiB  
Article
Secularization: A Response from Canon Law Based on the Concept of the “Church on the Move” and Cooperation with the Civil Order in Cases of Abuse of Minors by Priests
by Jorge Salinas
Religions 2024, 15(9), 1148; https://doi.org/10.3390/rel15091148 - 23 Sep 2024
Viewed by 1205
Abstract
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 [...] Read more.
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. Full article
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