CEEOL - Browse Subjects Result

We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.

Religious Education of Children in Families of Different Confessions

Author(s): Józef Budniak / Language(s): English Issue: 3/2015

The family is the first and most important educational environment. It also concerns religious education. Parents are the first teachers of faith and they are responsible for their children’s religious education. In inter-religious families the job is even harder as the child is brought up at the meeting of two confessions which differ from each other. In such a family, the child is introduced into the Church community, taught the first prayer, starts the first conversations about religion, reads the Holy Scripture, and what is most important — he or she adopts a positive attitude to the faith in God. Inter-religious families live in the spirit of ecumenism — they celebrate holidays in concord with Catholic and Lutheran traditions, attend both Churches, teach their children respect, love and tolerance for people of other religions. All these values help to educate the child to become a good man and a good Christian.

More...

Children’s Rights. Provisions of Certain International Conventions

Author(s): Nicolae V. Dură,Teodosie Petrescu / Language(s): English Issue: 3/2015

The subject of the article is the analysis of thirteen international Conventions concerning the rights of the child presented chronologically, according to their coming into force. Such an analysis gave the authors the opportunity to remark that such international documents having compulsory juridical force also evince the evolution of the world states awareness concerning both the need of harmonizing the legislation in this field, and the obligation of taking concrete and effective measures on ensuring the legal protection of the children.

More...

Obnova náboženských rádov v Uhorsku po smrti Jozefa II. a ich vyrovnávanie sa s dôsledkami sekularizácie

Author(s): Ingrid Kušniráková / Language(s): Slovak Issue: 1/2015

The decision of Francis II. to restitute the Benedictine, Cistercian and Premonstratensian orders in Hungary in 1802 does not constitute a turn in ecclesiastical politics of the Viennese court, but a continuation of secularisation trends of the last third of the 18th century. Although the ruler had approved the restitution of religious orders canceled by his predecessor, at the same time, however, persuant to his own power and without consultation with the church hierarchy, he made the decisions on their organisational structure, changed their spirit form from monastic to scholastic religious order and also interfered in their religious life. The convents obtained de jure all their former property, and de facto became only the administrators of a part of the Religious fund`s property. They managed it as their own, but had to use it primarily for the objectives set by the ruler and only secondarily for their own provision. It is known that the proper observance of the order rules and statutes is mainly determined by a firm incorporation of monasteries into the order structures and control system which work within them. If these linkages are released, discipline and the level of religious life decreases. In the case of the above mentioned Hungarian convents other factors multiplied the effects of the isolation; the establishment of united abbeys, the return of monks into the monasteries after years of worldly life and mainly in the fundamental change of their previous commitment. Decrees about the restitution of abbeys quite clearly defined their obligations to the state power, to the tasks in the field of education and training and to the competent authorities, which were subordinated in this area. The decrees minimally solved their internal affairs and issues related to discipline and the religious life of regulars. They did not specify that monastic or other ecclesiastical authorities should effectively oversee the religious and spiritual dimension renewal of religious communities and judge the potential inadequacies and conflicts. All these factors resulted in the orders, shortly after their restoration, being able to take over a number of schools and parishes and lead and manage them effectively. On the other hand, they were not able to find a balance between the order rules and their new commitment during the first half of the 19th century, to reconcile religious life with changing social conditions and, mainly, to satisfactorily resolve their long-term internal contradictions..

More...

Občianske zrovnoprávnenie alebo náboženský indiferentizmus? Problém zmiešaných manželstiev v kontexte sekularizácie Uhorska v 30. a 40. rokoch 19. storočia

Author(s): Peter Šoltés / Language(s): Slovak Issue: 1/2015

The issue of mixed marriages has been a source of tension and conflict since the period of Josephinism not only between the Catholic Church and the Protestant denominations but it also complicated the relationship of the State and the Church. Civil standards that governed the mixed marriage and childrearing in it did not meet the requirements of either side. They were in violation of the canon law of the Catholic Church and the Protestant side in disadvantage in terms of the religious education of children. Although the Tolerance Patent Act as well as Article 26/1791 abolished the obligation to sign the obligatory oath on the Catholic education of all children, in reality, however, it continued to be required. Escalating disputes related to the increasing number of denominationally mixed families got on the program of the Hungarian Parliament in the 30's of the 19th century. Politicising the issue of mixed marriages was related to the ongoing process of the legal emancipation of Protestants in Kingdom of Hungary. The ultimate aim of the liberal opposition was to enforce the principle of reciprocity as a necessary prerequisite for the development of a civil society and also the strengthening of the Hungarian national movement.The Catholic Church used their envoys to lobby during the meetings in 1832/1836, 1843/1844 and 1839/1840 to maintain the Catholic Church as a national religion, and was very much against the fundamental liberalisation of conditions within its own functioning. However the general opinion was in favour of the necessity for the equality of Protestants to Catholics. Both camps influenced public opinion through newspapers, pamphlets, circulars, pastoral letters and the like. The Catholic hierarchy required of their priests an observance of Church standards when consecrating mixed marriages, which the majority of counties and members of the national assembly were opposed to. Religious confusion over mixed marriages crippled and hindered the political process and slowed down the necessary reforms. It also complicated not just the relations between denominations on the level of ecclesiastical structures but also the relations between believers and led to a weakening of the authority and the esteem of the clergy.

More...

:Inštitút manželstva v novoveku na pozadí sporu o rozluku Jána Dubničku versus Alžbety Magyaryovej

Author(s): Adriana Švecová / Language(s): Slovak Issue: 2/2016

Marriage was considered an institution subject to Church law from the beginning of Christianity in ancient Rome. As a result, marital disputes concerning the origin, existence and dissolution of marriages between Catholics or between Catholics and members of other churches belonged exclusively to the jurisdiction of the courts of the Catholic Church and were decided according to canon law. The author introduces the study with a general consideration of Catholic legal or canonist teaching, binding not only in the Kingdom of Hungary, but in the whole Catholic Church according to the norms valid after the Council of Trent. The account is based mainly on commentaries and glosses by modern civil law experts from Hungary. However, the general theoretical consideration forms only the essential and considerably reduced theoretical basis for the second part of the study, which is conceived as one of the first legal history soundings into the history of the institution of marriage in Slovakia using the example of an ecclesiastical court case on the temporary separation or annulment of the marriage of the Dubničkas, who lived in the Free Royal Borough of Trnava in the first half of the 19th century. The dispute caused a prolonged conflict, which grew beyond the private family sphere and became a publicly known social scandal and lifelong trauma especially for the husband Ján Dubnička, explicitly presented in his will, which reveals the intimate, psychic level of the whole micro-historic dispute.

More...

Causae matrimonii v uhorskej kánonistike a cirkevnosúdnej praxi prvej polovice 19. storočia

Author(s): Adriana Švecová,Vojtech Vladár / Language(s): Slovak Issue: 1/2024

Legal regulation of Catholic marriage in the modern period may befound in older Canon Law compilations and their rules were revisedand dogmatically supported by the legislation of the Council of Trent.The study examines the post-Tridentine legal basis of the fundamentalinstitutions of personal marriage law of the Catholic Church that enabledthe solving various matrimonial disputes (causae matrimonii) and theirother legal and social consequences. Following the doctrine on theprincipal of the indissoluble sui generis matrimonial contract, the authorspresented the substantial law and procedural law aspects of Canon Lawinstitutions, which were applied while declaring a marriage null andvoid or dissolving it. They paid attention also to the then often appliedmatrimonial institution – separation from table and bed that did not causetermination of marriage, but enabled the married couple to permanently ortemporarily interrupt matrimonial cohabitation. In addition to theoreticalresearch they proceeded also to search in the Slovak private archives ofthe Catholic Church (specifically in the Archive of the Archdiocese ofTrnava) for the purpose of proper illustration of the presented Canon Lawregulations of the late modern period with the probes into the familiaristicsof Church courts in the Kingdom of Hungary at the beginning of the 19thcentury.

More...

Kán. 1311 § 2 – vstupní brána do nové VI. knihy CIC

Author(s): Marián Bartoloměj Čačík / Language(s): Czech Issue: 93/2023

The text is derived from a paper presented at the Church and the State conference held on 7th September 2023 in the Faculty of Law, Masaryk University, Brno. It deals with the broadening of the first canon of the revised Book VI of CIC through the addition of § 2, in which the author finds and analyses the basic principles of canon penal law. On the one hand, the article highlights the general principles on which penal law in the Church is to stand and which we can recognise in it, but at the same time it also mentions some of the ambiguities that this canon and the whole of Book VI of CIC have introduced.

More...

Trestný čin nahrávání a zveřejňování zpovědi: skutkové podstaty a vývoj v kanonickém trestním právu

Author(s): Šimon Polívka / Language(s): Czech Issue: 93/2023

The provisions of church laws regarding the sacrament of reconciliation consistently protect not only the penitent, but also the confessor and the sacrament itself, its inviolability and trustworthiness. These norms include a strict ban on recording or listening to the confession using technical means, as well as a ban on publishing the content of the confession in the media. The provision applies not only to the perpetrators of the said crimes, but also to everyone whose cooperation was necessary for the commission of the crime. Due to their seriousness, the listed crimes are reserved for the Dicastery for the Doctrine of the Faith.

More...

Změny v právu zasvěceného života od promulgace Kodexu kanonického práva z r. 1983

Author(s): Damián Němec / Language(s): Czech Issue: 93/2023

This article presents the changes in one sub-area of the law of the Latin Catholic Church: the law of consecrated life, from the 1983 promulgation of the Code of Canon Law to the present, i.e., to November 2023. These changes result both positively from a response to the charismatic element of the life of the Christian community and negatively from shortcomings in the practice of consecrated life. The presented changes concern order of virgins, the preparation and establishment of Institutes of Consecrated Life and Societies of Apostolic Life, non-clerics as superiors in clerical Institutes of Consecrated Life and Societies of Apostolic Life, the administration of property, the exclaustration, the permission to departure for members with temporary vows or other commitments and the dismissal of members, and extensive modifications concerning the monasteries of nuns. In the conclusion, these changes are categorized into three groups: the emphasis on the principle of subsidiarity by strengthening the autonomy of the internal superiors and their councils (which includes an emphasis on the element of synodality), centralization with an accent on the authenticity of consecrated life, and regulations for areas not yet addressed or insufIciently addressed.

More...

Sľub a prísaha v Reformovanej kresťanskej cirkvi na Slovensku

Author(s): Alfréd Somogyi / Language(s): Slovak Issue: 93/2023

The author of the article analyses the current practice of oaths and vows in the Reformed Christian Church in Slovakia, identifies the difference between an oath and a vow, discusses the theological issue of vows and oaths, and points out the clear prohibition of some forms of oaths in the Holy Scriptures. He provides a brief theoretical overview of oaths in light of the history of canon law. He then discusses the practice of vows and oaths in the Reformed Christian Church in Slovakia. Oaths and vows are taken by ministers and laity alike, in disciplinary proceedings, when accepting ecclesiastical ofIces, as well as at confirmation and marriage ceremonies. The question of the vows of the ministers is specifically dealt with. In the conclusion of the study, the author offers suggestions on how the practice of oaths and vows in the Reformed church can be better theologically grounded and based on biblical pillars.

More...

The Raising of Children for the Sacraments of Initiation and the Decision of Adolescents to Forgo Confirmation. A Canon Law Perspective

Author(s): Zbigniew Janczewski / Language(s): English Issue: 2/2024

Baptism, confirmation and the Eucharist, the sacraments of Christian initiation, are at the core of life of a mature Christian. Hence, the great importance of raising children by their parents to receive these sacraments, which is emphasized by the provisions of canon law. In the 21st century, when in many countries, including Poland, young people will receive confirmation as high schoolers, foregoing the sacrament and parents’ leniency toward such choices of their children has become a challenge. This article presents this problem and analyses the current law of the Catholic Church in terms of how to find a solution. The work has three parts. The first presents the canonical requirement of education for the reception of the sacraments in question. The second part concerns the regulations determining the age of the candidate for confirmation and the context of the real influence of parents on the spiritual decisions of their children. The last part of the article discusses a possible way to solve the problem posed in the title.

More...

Návrhy na spresnenieteologickej terminológie v slovenčine: Piaty diel

Author(s): Jozef Krupa / Language(s): Slovak Issue: 3/2024

The “Suggestions for Refining Theological Terminology in Slovak. Part V.” project deals with the incorrect wording of the term ‘spouses’ in relation to the ministers and recipients of the sacrament of Matrimony. Several magisterial, liturgical and theological works contain expressions such as “the spouses receive the sacrament of Matrimony”. The author of the study argues that the ministers and recipients of the sacrament of Matrimony should be called “the engaged couple”. They should be referred to as ‘spouses’ only after the matrimonial consent, as indicated in some works.

More...

Obowiązek ochrony życia a prawo do odmowy leczenia w kontekście wolności religijnej świadków Jehowy i ich stanowiska względem transfuzji krwi

Author(s): Urszula Nowicka / Language(s): Polish Issue: 27/2024

Saving lives is a vital part of a doctor’s work. However, while doctors must adhere to the constitutionally defined principles of health care, they must also acknowledge the principle of patients’ rights, including the patient’s right to self-determination. This means that a doctor cannot define a course of treatment purely according to his or her own understanding as this would limit the patient’s autonomy. Thus, patients today participate in the medical decisions that concern them, and their consent is required for all medical treatments. This may give rise to difficulties in situations that require the simultaneous implementation of two principles: salus aegroti suprema lex est and voluntas aegroti suprema lex est. Patients may refuse treatment for various reasons. In the case of Jehovah’s Witnesses, they may refuse blood transfusions due to their religious beliefs. This paper considers the basis for refusal to consent to treatment and draws on legal solutions in an attempt to address the issue, Polish jurisprudence and opinions expressed by scholars. The author concludes that nobody has the right to demand that a patient explain his or her decision to refuse treatment, even when that stance is irrational from a medical point of view. Instead, the patient’s decision must be freely made and not forced or manipulated. It makes no difference whether this choice relates to a current (specific) situation or to a future scenario (pro futuro statements); however, the decision must relate to the person who makes it—they must be an adult and not incapacitated. The issue of consent must be resolved quite differently when it concerns the treatment of a child, that is, a person who cannot make informed decisions for themselves, but on whose behalf the parents will normally decide. Decisions affecting the life and death of a child exceed the limits of parental authority, and in such circumstances, parental refusal of a child’s treatment should be challenged.

More...

Rutheni, Armeni, Iudei w średniowiecznych aktach lwowskiego konsystorza. Przyczynek do badań nad wieloetnicznym społeczeństwem Rusi Czerwonej

Author(s): Renata Trawka / Language(s): Polish Issue: 20/2024

The article discusses a set of records from the oldest surviving Lvov consistory book from the end of the 15th century, which – in different roles – feature Ruthenians, Armenians and Jews. Only Jews, although not in all entries, appear with an unambiguously identifying predicate – perfidus. Recognition of the confessions of Ruthenians and Armenians is not always so obvious. The small number of mentions involving non-Catholic Ruthenians and Armenians, as well as non-Christians (they represent only a fraction of a percentage of the total 4920 entries) can hardly come as a surprise: it is partly due to the jurisdiction of the official’s court itself, and partly to the social and legal realities of the era. Nevertheless, the micro-histories analysed here allow us to supplement the picture of the multi-ethnic and multi-cultural society of the Lviv metropolis known from other accounts. They contain both an echo of the disputes over tithes from newly-founded land, which the Orthodox were forced to pay, and a confirmation of the practice of rebaptism during not always voluntary conversions, as well as an exemplification of the distrust of Catholics towards Orthodox Ruthenians, whose testimony was questioned due to their ‘schismatic nature’ and the resulting alleged dislike of the Latin clergy. The content of some records confirms that the Armenian religion was considered heretical and pagan: a ‘pagan wife’ fights with an Armenian neophyte over her child; in another case, an Armenian sues a Latin clergyman for calling him a thief, scoundrel, swindler and ‘heretic’. Disputes between Jews and Christians over unpaid debts or stolen property also found their final outcome in the court of the official. One exception was a lawsuit filed by a cleric against an Orthodox Jew for assault and battery. The plaintiff sought not only monetary compensation, but also declaring the Jew ‘excommunicated’. Occasionally, only financial obligations were concluded before the official. The dissenters appeared before the consistory not only as plaintiffs, demanding justice and at the same time believing in the efficacy of the sentence issued by the archbishop’s court, but also as defendants. The consistory records show that the Lviv officials tried to proceed in such cases according to canon law. In doing so, they did not hesitate to summon ex officio to their court Ruthenians and Jews in cases of violations of law and moral order.

More...

Kněz udělovatelem svátosti biřmování v historickém kontextu do první kodifikace

Author(s): Šimon Polívka / Language(s): Czech Issue: 96/2024

Throughout the history of the Church, we see that the sacrament of confirmation has been given not only by bishops, but also by priests. In the Eastern Churches this is entirely normal, but in the Western Church a priest is only an extraordinary conferrer of this sacrament. In order for a priest of the Latin Rite to be able to validly administer confirmation, he needs a mandate to be granted by a church authority, which has always been the Pope alone. From the 18th century, this power was granted more often to bishops, especially in mission areas. Gradually, the authority to confirm has been extended to holders of certain church offices. This practice was subsequently adopted by the Code of Canon Law of 1917.

More...

Rezervované delikty v kompetencii Apoštolskej penitenciárie

Author(s): Veronika Pétiová / Language(s): Slovak Issue: 96/2024

This article takes a closer look at situations of reserved offences in which recourse to the Apostolic Penitentiary is possible. In the case of individual offences, it is explained when they fall within its competence and when within the competence of the Dicastery for the Doctrine of the Faith, how the request is to be sent to the Penitentiary and what is to be stated in it for each offence. The article also focuses on the way in which this oldest office of the Roman Curia works in the matter of reserved crimes.

More...

Zákon o církvích novelizován

Author(s): Adam Csukás / Language(s): Czech Issue: 96/2024

In 2024, the Czech Republic enacted a significant amendment to the law on churches and religious societies, following extensive consultations and legislative processes. The Ministry of Agriculture's concerns about the term "church legal entity" being too Christian-centric were addressed, and the Ministry of the Interior's proposal for transparency in donations was rejected. The Ministry of Education's suggestion to limit the establishment of educational institutions by church entities was accepted. The amendment also abolished the distinction between entities for religious practice and those for charitable services, and introduced mandatory electronic records. Additionally, it allowed the Ministry of Culture to revoke or modify special rights granted to religious entities and removed the legal responsibility of parent religious communities for the debts of their entities. The amendment was finalized and published as Act No. 237/2024 Coll. on August 6, 2024.

More...

The 59th Essen Conference Was Devoted to Penal Law

Author(s): Záboj Horák / Language(s): English Issue: 96/2024

From March 10th to 12th, 2024, the 59th Essen Dialogues on the State and the Church took place at Die Wolfsburg Catholic Academy in Mülheim an der Ruhr, focusing on the intersection of ecclesiastical and secular criminal law. Despite strikes by German Railway employees, over a hundred participants from various countries attended, including a representative from the Apostolic See. The conference featured notable speakers such as Prof. Stephan Dusil, who highlighted the historical influence of canon law on civil law, and Dr. Christoph Thiele, who discussed penalties within the Evangelical Church in Germany. Dr. Manfred Bauer addressed the sensitive issue of sexual abuse within the Church, emphasizing the tightening legislation. The event also included discussions on the relationship between ecclesiastical and civil criminal law, with contributions from experts like Prof. Alexander Ignor and Prof. Martin Heger. The conference concluded with a focus on the protection of religions under German criminal law, raising concerns about the balance between legal certainty and the prosecution of offenders.

More...

V Olomouci se konala konference o kanonickém právu pro pracovníky církevních soudů

Author(s): Monika Menke / Language(s): Czech Issue: 96/2024

A conference on canon law for church court workers was held in Olomouc, featuring representatives from various dioceses and a keynote lecture on the role of experts in canon law. The event included a Mass, a lecture, and a constructive discussion, fostering a friendly atmosphere and exchange of experiences. Participants shared insights from their judicial, professional, and academic practices.

More...

XIII. polská celostátní vědecká konference mladých badatelů – kanonistů, Lublin

Author(s): František Ponížil / Language(s): Czech Issue: 96/2024

The XIII Polish National Scientific Conference of Young Canon Law Researchers took place on June 1, 2024, at the John Paul II Catholic University of Lublin. Organized by several academic and legal institutions, the event featured 18 presentations by young researchers, mostly in Polish, followed by discussions. Participants included representatives from Czech universities and members of the Society for Church Law. The conference was divided into multiple sections, each moderated by distinguished professors and featuring diverse topics such as family law, the rights and duties of religious members, and the legal status of clergy. Notable contributions included discussions on the jurisdiction of religious superiors, the impact of the pandemic on Polish marriages, and the principle of subsidiarity in religious authority. The event fostered a collaborative atmosphere, encouraging the exchange of ideas and experiences among attendees. Selected papers will be published in a conference proceedings or in the peer-reviewed journal "Kościół i Prawo."

More...