Tamás Nótári: Handling of Facts and Forensic Tactics in Cicero’s Defence Speeches
Passau, Schenk Verlag, 2014, pp. 304
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Passau, Schenk Verlag, 2014, pp. 304
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The study analyses the antecedents of the history of development of judicial execution law in Roman law. Following the introduction, it presents execution in terms of its historical periods; highlighting the development of civil law and praetor’s law, and legislation by emperors, more specifically by Iustinian, in the relevant epochs.
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The author presents the historical process by which the Romanian Church United with Rome was supressed and forcibly merged into the Romanian Orthodox Church beginning in the late 1940s at the behest of Communist authorities, leading to the loss of its assets. The precursors of this process are presented, especially the efforts by the Romanian People’s Republic to modify the terms of its historic arrangements with the Catholic Church, the Concordat, and the withdrawal of the Romanian State from this arrangement. The study presents in detail, based on archival research conducted by the author in the archives of the former Securitate, and on legal norms (some of them classified at the time) the preparation and the pressure to which the Romanian Church United with Rome, its faithful and its clergy were subjected, in order to successfully force its so-called ‘return’ to the Orthodox Church. The author concludes the study by eliciting the fates of the remarkable clergymen who opposed the forced unification and were brutally punished by the Communist regime.
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Little is known about the personality, activity and work of the priest and professor of Canon Law Vasile Sava in the current theological and historiographical research, despite his immense contribution to the newly established diocese of Cluj after the First World War. Vasile Sava should be known as a great man of the Church for his involvement and development of the ecclesial administration of the Eparchy of Cluj, his responsibility regarding the construction of the Romanian Orthodox Cathedral in Cluj, his Canon Law lectures for young students at the Theological Academy of Cluj, and for his entire academic work. Therefore, the present research is dedicated to Vasile Sava and his contribution to the development of church life and the mission of the Orthodox Eparchy of Vad, Feleac and Cluj, as a commemorative article to celebrate his life and work.
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The study presents the personality of the Greek professor Panagiotis Boumis and his perspective on the holy canons. The study also includes an article written by the Greek professor and translated from Greek, regarding the authenticity and role of the holy canons. Panagiotis Boumis dedicated his entire life to the study and research of canon law, and not only that, standing out through a sustained activity both in the educational fi eld and through his writings on canon law. There are numerous controversies regarding the interpretation of the holy canons. The main controversy relates to their relevance and validity today.
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In 2021, Pope Francis amended can. 230 § 1 of the Code of Canon Law, pursuant to which the ministries (ministeria) of lector and acolytes are no longer reserved exclusively for men. This paper deals with the secular nature of these ministries, both in the context of their origins and contemporary understanding. Until the reform of Pope Paul VI in 1972, both ministries had been minor orders, conferred only on candidates for priestly ordination. In the process of declericizing these ministries, Pope Francis’s decision goes further, because now both ministries can be entrusted not only to lay men but also to lay women. Consequently, the theology of those ministries should be revised, as they are grounded in the common priesthood of the laity, and not – as before – in the hierarchical priesthood.
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The aim of the article is to present the problem of the implementation of the apostolic mission of lay lawyers in the structures of the ecclesiastical judiciary. Against the background of analyses and norms of general character, the specificity of this issue in the Catholic Church in Poland is presented. The text is divided into three parts. In the historical introduction the development of the doctrine of the Church concerning the participation of the lay faithful in the structures of ecclesiastical institutions, in particular in ecclesiastical courts, is presented. Then, as a result of a search made by the author, the numerical status of the employed laity in the episcopal courts of Poland is presented. The last part of the article is an attempt to clarify the existing situation both in terms of livelihood realities (ecclesiastical institutions in Poland as employers) and the still cautious reception by Polish Catholics of the thought of the Second Vatican Council with regard to the participation of the lay faithful in ecclesiastical governance (potestas regiminis). On the basis of the literature on the subject, the theological basis for the legitimacy of the inclusion of the laity in the structures of governance and administration of justice in the Church and the corresponding doctrinal thought of the Church’s universal law in force are indicated.
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The principle of cooperation between the state and religious associations gives a positive meaning to the relations of these entities. However, if it is improperly implemented, it risks giving the state a religious character, or the political instru- mentalization of religious communities. The principle of cooperation “blurs” the separation of church and state. The cooperation between these entities should be optional, and its goals should be as precise as possible. The principle of cooperation, therefore, deserves relative, not indisputable acceptance.In Polish law, the principle of cooperation between the state and religious associ- ations has both Catholic and secular roots. It became a constitutional and concordat requirement in the sphere of religious relations. At the same time, the Constitution of 1997 and the Concordat of 1993/1998 set out in very general terms the goals of obligatory cooperation between the state and religious associations (the Church). In ordinary legislation, the principle of cooperation between the state and religious associations is articulated primarily in the Act of May 17, 1989 on Guarantees of Freedom of Conscience and Religion, in Individual Religious Acts of 1989–1997, and in the legislation on social welfare and combating social pathologies (alcoholism). The statutory wording is often general and declarative. Detailed legal guarantees for the implementation of the title rule in the aforementioned acts are infrequent. Since 1990, the Church Fund has been such a financial and legal guarantee. All in all, its implementation depends to a large extent on the possibilities and will of the partners of the potential cooperation.The correct implementation of the principle of cooperation between the state and religious associations (the Church) is still a challenge in the sphere of religious relations in contemporary Poland.
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Objects of common use in various houses of worship, one of which is a place in a church (church pew), suggest that parishioners have the right to use them, often for quite a long period of time. However, do parishioners have property rights to a place in a church? How can disputes about the inheritance of a place in a church be resolved? In what area of legal regulation does this issue lie? The historical judicial practice of different countries around the world is quite rich in such examples, with the oldest surviving in collections dating back to the 16th century. Moreover, courts have come to quite varied conclusions about the legal status of a place in a church, property rights to it (if any, and whether recognised by law or custom), issues of its inheritance, the right of the church leadership to seize a place in a church from the previous owner and transfer it to other parishioners, and other disputes. It should be noted that in the historical judicial practice of the Republic of Lithuania – namely in judgment of the Supreme Tribunal of the Republic of Lithuania No. 107 (1927) – the issue of the possession and inheritance of a place in a synagogue was also raised. The historical jurisprudence of various countries shows a very rich range of sources of law being applied in such disputes – from customary and proprietary to civil and ecclesiastical law. The authors primarily use the historical-legal method within this article, including the method of interpreting legal norms relating to legal status and proprietary or inheritance rights regarding church pews.
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Remigiusz Sobański (†2010) was highly appreciated in the world of post-Council canon law studies. His research was published in many languages. Most of his scientific achievements were presented in the Polish language. For this reason, I reach for studies unknown to a wider community of canonists in order to present Professor Sobański’s views on theology of canon law, whose subject matter was a predominant topic of his scientific interests. I present the thematic scope of theology of canon law, its role in reference to fundamental issues of canon law, but also its inadequacy. Sobański thought that in order to fully illustrate the basic issues of canon law, theological approach should coexist with the legal one within one theory of canon law.
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The fragment of the First Canonical Epistle of Basil the Great to Amphilochios of Iconium, which quotes the decision of the local council of Carthage of 256, according to which not only heretics but also schismatics are received into ecclesiastical communion exclusively through baptism, has been interpreted by various canonists in different ways, although it is clear from the context of the letter, as well as from the general context of his ecclesiology, that Basil the Great is only paraphrasing the said decision, that is, he does not present it as his own ecclesiological and canonical position. Thus the Byzantine canonist Zonaras interprets the fragment correctly, and a similar conclusion can be drawn indirectly from Balsamon’s and Aristinos’ commentaries. Nicodemos Milash interprets it literally (as the personal canonical opinion of St Basil), while St Nicodemos the Hagiorite in the Pedalion comments on it correctly in the main text of the interpretation, i.e. he treats it as a neutral historical testimony of the ecclesiology of the Councils of Carthage, but in additional notes he also presents it as the personal opinion of St Basil. The possible reasons for this contradiction are the following: 1. the peculiarity of the epistolary style, which allows for a gradual clarification of the author’s position as the correspondence progresses; 2. the incomplete syntactic transparency of the author’s narration and, finally, 3. the fact that St Nicodemus was not necessarily the author of all the commentaries of the Pedalion, which he had nominally signed.
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The aim of the article is to present the issues of the archives of canons chapters in the legal and canonical aspect. Chapters are required to keep their archives. The first part of the article provides the canonical definition of the chapter archive as well as its goals and tasks. The second part presents the issues of the chapter archival resource, while the last part presents the chapter office of the canon responsible for the archives.
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The “separated brethren” were authoritatively recognized as ministers of baptism as early as the third century, by Pope Stephen I (254–257). Nevertheless, the possibility of these persons performing the functions of ministers of this sacrament has been repeatedly taken up and commented on by the ecclesiastical legislator over the following centuries. Therefore, the purpose of this article is to present the issue of recognizing Catholic Christians as ministers of baptism in the legislation of the Roman Catholic Church in a historical and ecumenical perspective. To this end, the legal material of interest to us has been analyzed, from pre-code law to the norms currently in force contained in the Code of Canon Law of 1983 and in the Ecumenical Directory of 1993.
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The study below analyses extensively The Law for the Election of Metropolitans and Diocesan Bishops as well as for the Establishment of the Holy Synod of the Holy Autocephalous Romanian Orthodox Church, issued in 1872: structure, historical context, effects. We wished to highlight the fact that the law constituted the basis of the following church regulation that underwent constant improvements until today. It was also the basis for founding the highest Church authority: the Holy Synod.
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Review of: Ioan-Vasile Leb, Gabriel-Viorel Gârdan, Marius Eppel, Emilian-Iustinian Roman, Mircea-Gheorghe Abrudan. 2022. Instituţii Ecleziastice Ortodoxe. Izvoare legislative bisericeşti şi laice (sec. XVIII-XX). Iaşi: Doxologia, 2 vol.
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This study focuses on the issue of the emeritus papacy following the resignation of Pope Benedict XVI from the papal office. It summarises the problems associated with the issue of papal resignation in modern times and reflects on the legal and theological-ecclesiastical dimension of the emeritus papacy. It points to the need for a clear definition of the status of the pope emeritus and analyses both the main directions of research in this area, as well as the possible dangers and complications due to the coexistence of an incumbent and a retired pope in theological and legal areas.
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In the period of the Early Middle Ages, the institution of the so‑called purgatory oath, set in accordance with traditional rules of German criminal law, was commonly applied in the secular forums. It predominated in certain countries, whereas in others it “only” supplemented other proper evidence, especially several types of ordeals or in various ways treated testimonies. Its essence consisted in the swearing of a suspicious person before the deity on his or her innocence in a specified term and attended by a defined number of compurgators. This transcendental aspect had to appeal to the conscience of the swearer with fear of the perjury and sanctions connected with it (not only on temporal, but on primarily a metaphysical level). After its Christianization by theologians, but especially canonists to purgatio canonica it was transformed into ius commune, where it was applied within the frame of the generally accepted Roman‑Canonical procedure. In this form it managed in a more or less definite way to replace the older types of so‑called common purgation and to direct at the same time the entire procedure of probation from metaphysics towards ratio. The main goal of the article is to define more closely the conception of these types of the oaths in Medieval canon law including the ways of its procedural application in then Church, as well as in secular courts.
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The relationship between Church and State is governed by a series of international treaties and laws, assumed and respected by national States by adopting legal rules in accordance with them, based on the principle of fundamental rights and freedoms. In this context, the relationship of collaboration and cooperation between the two jurisdictions, civil and religious, is the subject of extensive research, with a view to better understanding and determining the limits of this relationship, the points of convergence and divergence between them, as well as common aspects of doctrine and judicial practice. The present comparative law study aims, on the basis of national and Community legislation and case law, to analyse the competence and jurisdictional limits of the state and ecclesiastical judiciary. We will take into account the specificities of both legal systems, with regard to the composition of the courts, their competences, identifying procedural forms of intersection of the two jurisdictions (conflicts of jurisdiction), in order to finally propose legislative and complementary solutions that regulate and guarantee the intrinsic collaboration between secular and religious courts, through a knowledge, acceptance and efficient application of the current legal institutions and rules.
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This paper contains following book reviews: 1. Tretera, Rajmund Jiří. České paměti: dobrodružný život právníka, profesora právnické fakulty a kněze a jeho rodičů v posledních 120 letech. Vydání první. Praha: Leges, 2022. 508 stran. Extra. ISBN 978-80-7502-641-5. 2. Hrdina, Ignác Antonín. Dějiny pramenů kanonického práva. Vydání první. Praha: Univerzita Karlova, nakladatelství Karolinum, 2022. 319 stran. ISBN 978-80-246-5032-6. 3. Tomášek, Michal. Bilanční zpráva 60. 1. vydání. [Praha]: Univerzita Karlova - Právnická fakulta, Ediční středisko, 2023. 192 stran. Memorabilia iuridica; sv. 10. ISBN 978-80-7630-020-0.
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