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The article entitled “Roman Catholic-Anglican Mixed Marriages in Ecumenical Dialogue and Pastoral Practice” presents the teachings of the Catholic Church with respect to marriage based on the encyclical of Pope Pius XI “Casti connubi” and apostolic exhortation by John Paul II “Familiaris consortio”. Presenting marriage with its fundamental features: unity, indissolubility, sacramentality, as being a natural union between a man and a woman, blessed by God and empowered to take on matrimonial and parental tasks, constitutes a basis for deliberations on mixed marriages between people baptized in various Christian confessions, in this case Roman Catholic and Anglican ones. The issue of the mixed marriage between people of those two confessions has become an element of works by the Anglican-Roman Catholic International Commission, ARCIC, which in 1975 published a document entitled “Theology of Marriage and Its Application to Mixed Marriage”. Its content became a basis for the presentation of the Anglican vision of marriage in the context of the ecumenical dialogue: points of contacts and differences. Because of schism, out of concern for spouses’ religious identity as well as the unity and stability of marriage, it is necessary to introduce the right rules of pastoral care and confession discipline, which constitute the final part of the presented material.
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The hermeneutical analysis of the text of the main regulations and rules of international law regarding the children’s rights, reveal to the reader that they created a set of principles on the Rights of the Child, which have to be taken by the world’s states in their approach undertaken in order to harmonize their national legislation with the international law doctrine of the child. Among others, this article’s reader could also find out that in recent decades the international legislator was constantly concerned to develop new rules and regulations on the children’s rights and on their legal protection; hence the need that the basic principles enunciated by it should not be only known and inserted into the text of national laws, but also respected and applied by practical and concrete measures.
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RESEARCH OBJECTIVE: The scientific objective of this paper is to present the conflict between the Church and the state authorities, whose cause was the reception of the dogma of papal infallibility. The bishop of Warmia imposed canonical sanctions on the priests in his diocese who rebelled against the dogma. Their effects went beyond the Church’s internal discipline and encroached on an area of state authority. The dispute between the Church and state in the educational turned into a conflict which lasted many years. THE RESEARCH PROBLEM AND METHODS: The research problem focuses on the competence of the secular and Church authorities regarding individuals who were formally members of the hierarchical structure of the Church but who were also state officials. The method used is a critical source analysis, using existing studies. THE PROCESS OF ARGUMENTATION: The educational and academic consortium in Braniewo became the focus of all the factors of controversy around the dogma of papal infallibility. Futile reconciliation efforts made by the bishop of Warmia led to radical sanctions. In the opinion of the state authorities, it was a violation of the common rules of the state of law and provoked actions aimed at solving the dispute on the administrative level. RESEARCH RESULTS: The dispute within the Church turned into a conflict between the spiritual and secular authorities on the principles of coexistence of the two orders within the state of law. The administrative sanctions against the top hierarchs, were only temporary effects of the conflict in Warmia, which started the prolonged struggle between the Prussian state and the Catholic Church, called kulturkampf. CONCLUSIONS, INNOVATIONS, AND RECOMMENDATIONS: Friendly relations between the Church and state require permanent communication and consultations. They should produce a precisely specified catalogue of acceptable criteria of coexistence and mutually agreed on axiology.
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The Council of Lateran IV (1215) was a landmark in the history of European law, when it required ecclesiastical courts to entrust the jurisdiction of the diocese to a person learned in canon law, among other things. This provision was the corollary of the rule that medieval canon law judges were, as a rule, persons who were well versed in the law and who had typically acquired their knowledge at universities. The situation was somewhat different in Hungary, where there was no university in the Middle Ages, but the extensive jurisdiction of the Holy See meant that the institutions of domestic law had to be applied, and the use of lawyers who knew Hungarian law was therefore indispensable.An important feature of medieval ecclesiastical jurisprudence was that, because of the high level of canon law knowledge required, judges were happy and often called upon the assistance of learned canon lawyers (iurisperiti) in complex cases. These lawyers, with their outstanding knowledge, were typically specialists in Roman canon law (ius novum) in the western countries of Europe, but in Hungary they were more likely to be specialists in the customary law of the nobility. Both groups of persons included the most qualified jurists of their time, and the institutional background for the acquisition of knowledge was provided by the universities. It was in these universities that learned law was taught, and not only substantive law but also a new model of procedural law (inquisitio) was created, based on the late Roman investigative trial.
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This article describes seven periods in the history of religion law in what is now the United States of America from the 17th century to the present day. It begins with the arrival of the Pilgrim Fathers, continues with developments in the American colonies and makes reference to the Virginia Statute for Religious Freedom and the drafting of the First Amendment to the United States Constitution. It discusses some U.S. Supreme Court decisions on religious freedom and concludes by looking at certain aspects of the development of public and Catholic education.
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The topic of this study is the background behind the basic characteristics of marriage and family in the Book of Genesis. According to canon law, these basic characteristics include the fact that marriage is created by the consent of a man and a woman, its essential attributes are unity and indissolubility, and marriage is directed towards the good of the spouses and the procreation and education of offspring. The method of this study is to analyse and structurally evaluate the texts of the genealogies, the Abrahamic tradition and the chapters on origins in the Book of Genesis with the aim of finding in them the rules and structure of the individual roles and relationships and their dynamic aspects in marriage and the family, and to what extent they are connected with the aforementioned basic characteristics of marriage and the family.
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The article characterizes the most important reforms of the Roman Curia carried out during the three pontificates of Pope John Paul II, Benedict XVI and Francis, starting from the promulgation of the Code of Canon Law of 1983 to the promulgation of the apostolic constitution Praedicate Evangelium. It should be noted that at that time the structure of the Roman Curia was modified many times, especially the competences of individual dicasteries or the creation of new ones. Therefore, a comprehensive reform of the Roman Curia was extremely needed and awaited.
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The article is dedicated to analyzing the legal status of religious communes in the light of the law during the turn of the nineteenth and twentieth centuries as well as the Second Polish Republic period. Its purpose is to determine whether this status corresponds to the assumptions of Tadeusz Bigo’s concept regarding including religious communities in the conceptual category of public law associations.
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Research on the cathedral chapters of the ecclesiastical province of Riga shows that the Teutonic Order played a significant role in how they operated, since five of the eight cathedral chapters were regulated according to its rule. These five are referred to in the literature as cathedral chapters that were incorporated into the Teutonic Order. This goes back to the source term “incorporation,” which, however, is misleading, because in each case, that was not an incorporation in the sense of canon law. Research has therefore attempted to explain how the concept of incorporation is to be understood and how the relationship between the cathedral chapters and the leadership of the Order is to be evaluated. So far, this has been presented primarily through the examples of the Prussian Teutonic Order cathedral chapters of Samland, Pomesania and Kulm. This article focuses on the Livonian Teutonic Order cathedral chapters of Riga and Courland in order to introduce them into the research discussion on the concept of incorporation. Evaluating the “incorporation” of the cathedral chapters of Courland and Riga, involves, firstly, tracing the respective legal frameworks and, secondly, contextualizing the most important rights of the Livonian master of the Teutonic Order—canonical visitation and participation in the election of canons. It can be observed that canonical visitation in fact played no role, but only the rights of the master to participate in the election of canons were of importance. The cathedral chapters of Courland and Riga, however, are characterized by the fact that there were hardly any institutional connections with the Livonian branch of the Teutonic Order and a duty of obedience of the canons towards the superiors of the Order did not, in fact, exist. Consequently, in the future, the term “incorporation” should be avoided in the literature, since it on the one hand can only be found in documents influenced by the Teutonic Order and thus the term stands for the self-perception of the Order; on the other hand it distorts the view of these cathedral chapters in general.
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During the High and Late Middle Ages, canon law played a crucial role. This study provides an overview of ecclesiastical legal scholarship in the Czech lands, i.e. in Bohemia (in the Archdiocese of Prague) and in Moravia (in the Diocese of Olomouc). The development of a legal jurisprudence went hand in hand with the development of ecclesiastical administration in the second half of the 14th century and in the early 15th century, which evolved into a compact system. An important factor in this was the establishment of Prague University, including the Law Faculty, in 1348, and also, in particular, the establishment of the separate Prague Law University in 1372. Amongst the major canonists who left work behind were Štěpán of Roudnice, Bohuslav of Krnov, Kuneš of Třebovle, Mikuláš Puchník, and Jan of Jesenice, amongst others.
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Inspired by compassion for the suffering and with the best of intentions, a number of contemporary theologians, especially Anglican, have initiated a campaign to legalize euthanasia and physician-assisted suicide, bringing both principled and practical arguments which, however, come in contradiction with the official position of the Christian Churches. Their campaign directly undermines the sanctity of life, one of the fundamental principles of Christian ethics, medical ethics and criminal law. It is a principle that recognizes and affirms the fundamental equality of people in dignity, protecting in particular the most vulnerable members of society.
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The following article analyses the statement of the Ecumenical Study Group of Protestant and Catholic Theologians entitled “Together at the Lord’s Table” (2019) from the perspective of canon law of the Latin Church. First, it briefly presents the content of the statement, then it summarises the opinion of the Congregation for the Doctrine of the Faith. The article shows that the alternate participation in the Protestant and Catholic service of celebrating the Lord’s Supper / Eucharist by virtue of baptism alone is problematic from the perspective of Catholic canon law. Canon law builds on Catholic ecclesiology and sacramentology, based on the connection between baptism and the Church as well as the Church, the ministerial priesthood, and the celebration of the Eucharist. The article, then, shows the instruments of canon law for the protection of the Catholic faith regarding the apostolic succession as the only valid condition for presiding over the Eucharistic community and the Eucharist as the substantial presence of Christ. In the final chapter, the implications of participation in ecumenical worship for the Catholic faithful will be summarised. The participation of Protestants in Catholic worship, as proposed by the Statement, is not explicitly regulated by canon law. The CIC, in Canon 844 § 4, lays down only the conditions under which Protestants may licitly receive selected sacraments (the Eucharist, the anointing of the sick and the sacrament of penance), while for a valid reception of the Eucharist their baptism alone enables them.
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The article addresses the issue of criminal and civil liability of legal persons from the point of view of classical Roman jurists. The issue was raised in relation to crimes committed by municipal rulers. Pursuant to D. 4.3.15.1; D. 4.2.9.3 and D. 43.1.64.4. the jurists distinguished between the criminal responsibility of the decuriones perpetrators of the crime and the civil responsibility of the municipes for the enrichment of the civitas for these crimes.
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The article is devoted to the study of the seal of confession legal protection under Ukrainian legislation in the circumstances of its formation and development. The analysis provides grounds to draw conclusions concerning the “three levels” of regulation and protection of the seal of confession by the Ukrainian legislation, depending on the conditions and circumstances of the confession. The general legal protection of the seal of confession is accomplished through the provisions of the Law “On Freedom of Conscience and Religious Organizations” as well as procedural codes regarding the prohibition of demanding the information obtained from believers by clergymen during the confession and interrogating them as witnesses. Information entrusted to a military chaplain by a serviceman has a higher degree of legal protection and it acquires the status of confidential information. The highest degree of legal protection under Ukrainian legislation is established for confessions of guilt made in penitentiary institutions. For such confessions, prohibitions on the disclosure of information apply not only to priests, but also to other persons: employees of penitentiary authorities, courts and interpreters. There are also positive obligations to create conditions for confession and ensure its secrecy.
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The right to strike is subjected to criticism. The main argument of this institution’s opponents is, visible already, the prima facie contradiction between the social peace rule and the common good. Particularly, the datedness of this institution is pointed out as well as the existence of other alternative dispute resolution methods which could replace it successfully. For this reason, this article’s aim is an attempt to answer a research question regarding the identification of the relationship between the right to strike and the social peace rule. For this purpose, the dissertation was divided, excluding the introduction, into six parts. The first two were dedicated to the conceptualization of the right to strike notion and the social peace rule. Subsequently, in the following part of the article, these issues have been analysed from historical, axiological, and moral-ethical aspects. After making arrangements that the right to strike is not a simple denial of social peace, it has been demonstrated what the constructive function of strikes rests upon in the implementation of this rule. Then, the Author presented the conditions after fulfillment of which a strike can make a positive contribution to social peace shaping and the common good. At the end, the conclusions have been described.
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The subject of the article is an analysis of the legal shape of a concordat marriage in Poland, in particular the nature and mode of implementation of the conditions for its contraction specified by the Concordat and the Family and Guardianship Code. The author indicates the discrepancies between the provisions of these legal acts and between them and the existing pragmatics. The analyses are aimed at assessing the correctness of the legislation related to concordat marriage. The research allows the author to conclude that the provisions regulating the concordat form of contracting a civil marriage have been subject to several amendments aimed at specifying its conditions and procedure and dictated by the changing socio-economic conditions, including the digitization of public administration. The author evaluates these changes positively, but at the same time raises de lege ferenda postulates aimed at making further modifications to some provisions regulating this form of marriage that are still unclear.
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The question of the social and legal position of woman was not the subject of scientific reasearch for a long time. As comprehensive research, this question appeared sporadically, most often within the framework of research into prehistoric societies and their connection with matriarchy or as a subject of analysis of the cult of goddesses and stories about slaves and courtesans. With new scientific research from the beginning of the 19th century and during the 20th century, the question of the position of women in science gained a significant place. Within the framework of Roman law, the question of the position of women was for a long time shrouded in the veil of women's disenfranchisement within the society of ancient Rome. However, the question arises as to how and to what degree the ancient woman was disenfranchised.In this article, which aims to investigate the importance that women had in state affairs in ancient Rome, their legal status and real power, it will try to prove that women really had a significant role in ancient society. In order to reach such a conclusion, the paper will look at the issue of the position of women in ancient Rome through historical, political, religious and cultural circumstances that influenced the formation of the image of women in ancient Rome.
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The hereditary status of women in Roman law was not always the same. In different periods, women's inheritance rights were different and changed with the development of the state and society. When it comes to intestate inheritance, one could observe the hereditary position of a women according to Lex duodecim tabularum, praetorian law and Justinian's law. According to Lex duodecim tabularum, the woman was in the first line of succession, sui heredes and had passive testamentary capacity only if she was in matrimonium cum manu because then she had the position of daughter, filiae loco. According to praetorian law, the woman was in the fourth line of succession, vir et uxor. This means that the surviving spouse, who lived with the testator in matrimonium sine manu until his death, had the right to receive part of the property. However, the legal arrangement of inheritance lines, over time, led to certain problems, especially regarding the inheritance of the mother and children (a consequence of the interference of agnatic and blood kinship, the existence of two types of marriage, with and without manus). Because of this, two senate decisions were brought correcting the inaccuracies between the mother and her children. These were SC Tertullianum and SC Orficianum. This paper aims to show the improvement of the inheritance position of women after the adoption of these senate decisions.
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The article is a contribution to the doctrinal discussion, the subject of which, since the Second Vatican Council, has been the participation of the lay faithful in the Church’s governing authority. In addition to the theories of power present in the doctrine, the author points to the concept of presumed power, understanding it as a possible solution to the problems and controversies that have accumulated over the years. The recent amendment to the law on the Roman Curia seems to confirm the intuition of the proposed theory of potestas a munere, which is further strengthened by some events documenting the entrustment of some important Church offices to lay faithful.
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