Helmuth Pree is a professor of ecclesiastical law, ‘doctor utrumque ius’, and, until September of 2015 was the head of the ‘Klaus-Mörsdorf-Studium für Kanonistik’ at the School of Catholic Theology at the Ludwig-Maximilians-Universität München. On the occasion of his retirement, he was offered a Festschrift by his colleagues around the world.
The content of the book shows the wide range of interests in ecclesiastical and canon law cultivated by Professor Pree: the theological basis of ecclesiastical law, general norms, constitutional law, eastern canon law, marriage and patrimonial law, among others. This book is divided into eight sections. For the sake of brevity, I will only highlight some of its contributions.
The first section deals with fundamental questions and general norms. Among these contributions, Eduardo Baura (Pontifical University of the Holy Cross) reflects on mercy and law in the Church and the performance of canonical institutions such as humanitas, benignitas, charitas, aequitas and dispensatio to temper the rigor iuris. Wilhelm Rees (University of Innsbruck), under the topic of ‘Conservation and renovation’, considers some key topics in the life of the Catholic Church, namely, divorce and new marriage, leadership of a parish taking into account the current lack of priests, participation of laymen in the ecclesiastical offices, and ecumenical issues, especially those regarding the sacraments of confession, the eucharist and the anointing of the sick.
The second section concerns the Eastern Churches. Hubert Kaufhold (University of Munich) examines the problematics of the legal language in the code of canons of the Eastern Churches. He points out the predominance of the Latin and Byzantine tradition, rules without due concordance, as well as terms that have different meanings in different Churches or even do not exist in a particular Church. Anargyros Anapliotis (University of Munich) analyses the figure of the patriarch in the Orthodox Churches and shows the role that the system of pentarchy could play in the ecumenical dialogue. Furthermore, he believes that Benedict xvi’s renouncing of the title of ‘Patriarch of the West’ in 2006 could hinder the ecumenical dialogue.
Within the section concerning constitutional law and the rights of the faithful, there are three articles that refer to challenges and difficulties related to papal election and impeded see, by Antonio Viana (University of Navarra), Konrad Bretisching (University of Innsbruck) and Stefan Mückl (Pontifical University of the Holy Cross). Another four authors deal with pastoral issues. Norbert Lüdecke (University of Bonn), in the first place, studies the removal of bishops; Severin J. Lederhilger (Catholic-Theological Private University Linz) deals with the obligation of parish priests to reside and be present according to the restructuring of territorial and spiritual care; Heribert Hallermann (University of Würzburg) examines the dichotomy of the parish priest as pastor and administrator, and Nikolaus Schöch (Pontifical University Antonianum) scrutinises the three-fold function of the parish committee in Germany, namely, the coordination of lay apostolate, pastoral and management advice.
In the section on patrimonial, labour and succession law, an interesting contribution by Rüdiger Althaus (University of Münster) analyses the failure to accept codified norms regarding property administration in Germany due to that country's notable particularities.
Subsequently, two theological contributions, by Ludger Schwienhorst-Schönberger (University of Wien) and Andreas Weiss (Catholic University of Eichstätt-Ingolstadt), focus on topics that have been objects of prolonged discussion in Germany: the indissolubility of marriage and divorce.
More contributions are included in three other sections: ecclesiastical service of evangelisation and sanctification, ecclesiastical processual law, and Church and State.
