To see the other types of publications on this topic, follow the link: Diocesan (Canon law).
Journal articles on the topic 'Diocesan (Canon law)'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Diocesan (Canon law).'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Mauer, Quintijn. "The Discretionary Authority of the Diocesan Bishop in the Penal Law of the CIC : A Legal Historical Perspective (1917–2021)." Jurist: Studies in Church Law and Ministry 80, no. 1 (2024): 227–61. http://dx.doi.org/10.1353/jur.2024.a929957.
Full textAbstract:
abstract: The discretionary authority granted to the diocesan bishop in the Church's penal law has undergone historical and legal development during the timeframe 1917–2021. This can be demonstrated through legal historical analyses of canon 2214 §2 of the 1917 CIC and its "replacements": canon 1341 of the 1983 CIC and canon 1341 of the new penal law of 2021. In these canons, the universal legislator grants the diocesan bishop discretionary authority in canonically irregular situations in his own particular church. In general, it can be said that the most substantial discretionary authority of the diocesan bishop can be found in the penal law of the 1983 CIC . In both theory and practice, this discretionary authority led to an impediment in the application of the Church's penal law. A similar impediment did not exist in the Church's penal law in the 1917 code. The alterations made in the reform of 2021 have, in theory, taken away most obstacles with regard to the functionality of the Church's penal law.
2
Gręźlikowski, Janusz. "Dziekani w ustawodawstwie synodalnym diecezji włocławskiej." Prawo Kanoniczne 52, no. 1-2 (June 5, 2009): 255–319. http://dx.doi.org/10.21697/pk.2009.52.1-2.10.
Full textAbstract:
The introduce analysis the synodal resolution of the dioceses of Włocławek on space eight centuries on angle dean’s office, its authorization, duty and tasks in diocese, give conviction haw important is this office and necessary to realization religious mission of Church and his spiritual mission. From the beginning formation this office, through its evolution and actual obligatory norms of canon law, this office always write in mission of Church, joint action in realize and many methods activity community of the People of God. Moreover office of deans, definite authorizations and obligations always have on in view help of the diocesan bishop in performance pastoral service in particular Church. The deans as representative of presbytery the Włocławek Church, in light discussion rules of Włocławek synodal legislation, had belong and belong to nearest and most trustworthy collaborators of the diocesan bishop and have very important part in structure of this Church. The synodal legislation of Włocławek made and make with dean assistant of the diocesan bishop, mediator between the diocesan bishop and the diocesan curia, and priest and faithful deanery in specified matter. In the beginning dean introduced synodal legislation and orders of the diocesan bishop in life denary and individual parishes, was guardian of faith, customs and discipline. After the Council of Trent this office took bigger meaning and not limit to function control and inspect work priest in deanery, but also administrative in design assistance of the diocesan bishop in control of the diocese. After the Council of Vatican II to duty of the dean join pastoral duty in deanery. On the person dean and his service in big degree depend realization of mission of the Church. The synodal legislation of Włocławek made for detail designation function and assignment of deans servant designs inspection and administration-pastoral of the Włocławek Church. In they light office and service dean had and has take for this, that under leadership of the dean all priest in deanery commit in priesthood realize priest and pastoral vocation, realize duty result with leadership of parish, take cooperation, with fruit will be animation religious and pastoral life in the particular Church, and also will be realize – peaceably with rules of cannon law – service pastoral, sanctify and teaching of faithful.
3
Kaleta, Ks Paweł. "The Bishop's Right to Parish Taxation." Studia Prawnicze KUL, no. 1 (July 1, 2021): 127–42. http://dx.doi.org/10.31743/sp.10791.
Full textAbstract:
The diocesan tax is a compulsory cash benefit imposed on the income of both a juridical person and a physical person. There are two types of tax in canon law: ordinary and extraordinary tax. Although the Pontifical Council for Legislative Texts issued the authentic interpretation of c. 1263 and ruled that tax may not be imposed on Mass offerings, some doubts might arise as to the legitimacy of the tax imposed on “other physical persons”. The conciliar Decree Christus Dominius states that priests are to contribute from their clerical income for the needs of the diocese “according to the bishop’s determination”. As such, tax may be imposed only in the event of grave necessity determined by the diocesan bishop following consultation with advisory bodies. Extraordinary exaction by its very nature should be understood as the voluntary offerings of clerics as their contribution for a specific diocesan purpose. The aim of the article is to draw attention to the legal requirements for imposing an extraordinary tax, the motives for establishing it, as well as possible tax exemptions. The analysis of the article is based on an exploration of the history of development of c. 1263; the concept of tax in canon law; extraordinary exaction; the subject of extraordinary exaction; the qualities of the extraordinary exaction; legal requirements of imposing extraordinary exaction; the question of income.
4
Hałaburda, Marek. "Duchowieństwo dekanatu Wołkowysk w 1820 r." Textus et Studia, no. 1(29) (July 9, 2022): 199–224. http://dx.doi.org/10.15633/tes.08105.
Full textAbstract:
The purpose of this article is to collectively analyze the data on the group that was formed at the beginning of the 19th century by the clergy of the Vawkavysk deanery. The term “clergy of the deanery of Volkovysk” applies to all priests, diocesan and religious, working at parish and monastic churches located in the deanery. Essential information for the research was provided by the protocols of the general visitation for 1820. The visitation was carried out in October 1820 and January 1821. The authorities of the diocese delegated Fr. Franciszek Godlewski, canon of the Brest chapter. The dean of the deanery and the parish priest in Wołkowysk, the canon of the Brest collegiate church and the master of canon law, Fr. Tomasz Sturgulewski.
5
Garrido, Rodrigo Grazinoli, and Alessandra Paula Baldner Rodrigues. "carta apostólica Mitis Iudex Dominus Iesus como legado de Francisco para o acesso à justiça canônica." Revista Eclesiástica Brasileira 83, no. 325 (August 15, 2023): 326–41. http://dx.doi.org/10.29386/reb.v83i325.4882.
Full textAbstract:
A Carta Apostólica Mitis Iudex Dominus Iesus (MIDI), decretada em 2015 pelo Papa Francisco, apesar de se direcionar às causas de nulidade do matrimônio (Código de Direito Canônico, câns. 1671-1691), teria impulsionado mecanismos gerais de acesso à Justiça Canônica. Em busca de confirmar os efeitos do MIDI, refletiu-se sobre as alterações processuais, a criação de Tribunais Diocesanos, bem como sobre a participação de leigos e o papel da pastoral familiar e judiciária. Para tanto, através de revisão narrativa da doutrina e legislação, foi realizada breve síntese sobre as causas e ritos processuais para a declaração da nulidade matrimonial. Além disso, por meio de levantamento de dados fornecidos pelo Tribunal Eclesiástico Diocesano de Petrópolis-RJ, buscou-se reconhecer empiricamente tais novidades. A partir da análise, foi possível reconhecer o impulso do MIDI para o acesso à Justiça Canônica, o que foi corroborado pela criação do órgão judiciário da Diocese de Petrópolis-RJ, respondendo à demanda por ações na sua jurisdição.
Abstract: The Apostolic Letter Mitis Iudex Dominus Iesus (MIDI), decreed in 2015 by Pope Francis, despite addressing the causes of nullity of marriage (Code of Canon Law, cans. 1671-1691), ended up boosting general mechanisms for access to justice. Seeking to confirm the effects of MIDI, it was reflectioned on procedural changes, the creation of Diocesan Courts, as well as on the participation of lay people, and the role of family and judicial ministry. To this end, through a narrative review of doctrine and legislation, a summary was carried out on the causes and procedural rites for the declaration of matrimonial nullity. In addition, through data collection provided by the Diocesan Ecclesiastical Court of Petrópolis-RJ, we sought to empirically recognize such novelties. From the analysis, it was possible to acknowledge the impulse of MIDI for access to Canonical Justice, which was corroborated by the creation of the judiciary body of the Diocese of Petrópolis-RJ, responding to the demand for actions in its jurisdiction.
Keywords: MIDI; Pope Francis; Nullity of Canonical Marriage; Diocesan Tribunal.
6
Góralski, Wojciech. "Diocesan Synod Today. In What Shape?" Ecumeny and Law 7 (November 24, 2019): 7–27. http://dx.doi.org/10.31261/eal.2019.07.01.
Full textAbstract:
The Second Vatican Council shaped a new model for a diocesan synod, which was adopted, among others, in Poland, and is characterised by a departure from making the norms of particular law and the popularisation of the council teaching in particular Churches. On the other hand, after the promulgation of the new Code of Canon Law in 1983, the diocesan synods adjusted the diocesan law to the code norms. When this period of the reception of the code law to the diocesan legislation achieved its result, the final resolutions of the subsequent diocesan synods, which were usually extensive, do not meet — to a large extent — the requirements set by the documents of the Holy See: Instruction of the Congregation for Bishops and the Congregation for the Evangelisation of Nations of 1997 and the Directory of the Congregation for Bishops Apostolorum successores of 2004. The author calls for the use of these enunciations so that diocesan synods can be an effective tool for the renewal of a particular Church.
7
Billings, Bradly S. "A Limited Episcopacy? Canon Law and the Ministry of the ‘Episcopal Assistant’ in the Anglican Communion." Ecclesiastical Law Journal 25, no. 3 (September 2023): 359–73. http://dx.doi.org/10.1017/s0956618x23000261.
Full textAbstract:
The theologian Paul Avis, in his handbook for those becoming bishops in the Anglican Communion, makes scarcely any reference throughout the course of the treatise to any distinction between a diocesan and a non-diocesan bishop. At one level this is refreshing, eschewing as it does any notion of a hierarchy within the order of bishops. However, on another level it is somewhat odd, for so much of the episcopal polity and praxis articulated throughout assumes the reader is ‘becoming’ a diocesan bishop, and is, consequently, at times irrelevant to those who are ‘becoming’ a bishop in an assisting role.
8
Sitarz, Mirosław. "Synod diecezjalny w Kodeksie Prawa Kanonicznego z 1983 roku. Zarys problematyki." Biuletyn Stowarzyszenia Kanonistów Polskich 24, no. 27 (August 28, 2023): 91–106. http://dx.doi.org/10.32077/bskp.5934.
Full textAbstract:
The article discusses the problem of the diocesan synod in the Code of Canon Law of 1983 and the documents that were issued after the promulgation of the Code: Instruction De synodis dioecesanis agendis and Directory for the Pastoral Ministry of Bishops Apostolorum Successores. The Author begins with the definition and aims of the diocesan synod. The diocesan synod is a group of selected priests and other Christian faithful of a particular Church. The synod offers assistance to the diocesan bishop for the good of the entire diocesan community. The diocesan bishop convokes and presides over the diocesan synod. He also suspends and dissolves it. The diocesan bishop is a sole legislator at the diocesan synod. He is to communicate the texts of the synodal declarations and decrees to the metropolitan and to the conference of bishops. The diocesan bishop transmits a copy of the synodal documentation – through legate of the Roman Pontiff – to the Holy See. The Author pays attention to the fact that the diocesan synod possesses not only consultative competences but also representative and liturgical ones.
9
Dyduch, Jan. "Synod diecezjalny - narzędziem odnowy Kościoła partykularnego." Prawo Kanoniczne 40, no. 3-4 (December 10, 1997): 23–36. http://dx.doi.org/10.21697/pk.1997.40.3-4.03.
Full textAbstract:
On March 19, 1997, an instruction entitled ‘De Synodis Dioecesanis Agendis‘ was issued jointly by the Congregation for Bishops and the Congregation for Evangelization of Peoples. This Instruction is based on the regulations of the Code of Canon Law published in 1983.
In the light of the new Instruction, a Diocesan Synod is to be an instrument of renewal of religious life, pastoral ministry and of the particular Church Law. The entire community of Gods People should be envolved in the works of a Diocesan Synod: its priests, the religious and the laity. They should participate in its works on all stages - in praparations, deliberations and in fulfilment of the resolutions.
A Diocesan Synod, understood like this, has the pastoral character and its legislative function is utilized for the pastoral ministry. While a Synod is in session, the Diocesan bishop is the only legislator; other participants -through their advisory voice - take part in preparing the synodal law.
10
Han, Young Man. "Realization of Synodalitas at the Level of Canon Law: Focusing on the Diocese." Society of Theology and Thought 87 (December 31, 2022): 134–67. http://dx.doi.org/10.21731/ctat.2022.87.134.
Full textAbstract:
“It is precisely this path of synodality which God expects of the Church of the third millennium.” (Address of His Holiness Pope Francis Ceremony Commemorating the 50th Anniversary of the Institution of the Synod of Bishops, October 17, 2015) (https://www.vatican.va/content/francesco/it/speeches/2015/october/documents/papa-francesco_20151017_50-anniversario-sinodo.html)(September 26, 2022)
This declaration was made by Pope Francis in his address to com-memorate the 50th anniversary of the institution of the Synod of Bishops in 2015. These words seem to point out the way the church should walk on its earthly pilgrimage. Synodalitas is the way of life and activity of the Church, which expresses the Church as the mystery of communion.
The time and meeting of the Synod held at the diocesan level is mean-ingful in listening to and discerning the daily problems that people face and illuminating the way the church should take.
At the canonical level, the spirit of ‘communion, participation, and mis-sion’ is concretely expressed through such organizations as diocesan synods, presbyteral councils, pastoral councils and financial councils, and financial councils, and parish pastoral councils and financial councils in the process of decision-making and implementation of certain issues. The canon law guaran-tees this spirit of synodalitas in the form of consultation and consent based on shared responsibility.
First of all, consent binds the superior for whom consent is to be obtained by law. Insofar as it is obligatory to obtain consent, any juristic act is invalid if it is not followed. On the other hand, since counsel is not legally binding, the superior may not follow the counsel if necessary. However, if counsel is required, it must be sought for the validity of the act. Without seeking counsel, which is obligatory, the juridic act of a superior is invalid. The diocesan bishop does not respect the right of counsel and consent of qualified persons merely at the level of prudence. Rather, he must listen to the voice of ‘sense of the faith’ (sensus fidei) among the baptized faithful through counsel and consent according to the spirit of the synodalitas, which is the way of life and activity of the Church. In other words, the diocesan bishop must fulfill his responsibilities before the invisible God, who speaks in the form of counsel and consent to be obtained by the canonical bodies. Even though such counsels and consents sound like voice of people phenom-enally, they can be considered a form of patrimony which the Church has accumulated and inherited throughout the world. It is in this respect that the participation, expression and acceptance of all on the basis of common re-sponsibility never exempts the diocesan Bishop from the individual responsi-bility of the divine authority he has received from Christ the Lord. On the other hand, it is precisely for this reason that the faithful must accept and follow, in the spirit of obedience, the decisions of the diocesan Bishop on the proposals expressed in accordance with the spirit of synodalitas.
11
Bracken, David. "The Pastoral Function of Church Archives: A Reflection on the Theological, Juridical and Pastoral Context of Roman Catholic Diocesan Archives." Irish Theological Quarterly 82, no. 1 (January 15, 2017): 60–71. http://dx.doi.org/10.1177/0021140016674278.
Full textAbstract:
This article explores the theological, juridical, and pastoral context of Roman Catholic archives, and diocesan and parochial archives in particular, through the lens of a letter circulated by the Pontifical Commission for the Cultural Patrimony of the Church, The Pastoral Function of Church Archives. The letter acknowledges the spiritual importance of church archives for the believing community as a vector of the tradition but also recognizes the cultural and historical significance of church archives both for Catholics and the wider community. While the legal requirements of canon law are fundamental to the discussion, the commission invites the church to move beyond a narrow juridical understanding of archives. A convincing contribution to an emerging theology of church archives, with concrete suggestions for the establishment and improvement of diocesan archival services, the document constitutes a particular challenge to Irish dioceses where the archival sector remains underdeveloped.
12
Geraldo, Denilson. "O discernimento vocacional. Perspectiva canônica." Revista Eclesiástica Brasileira 72, no. 286 (February 15, 2019): 348. http://dx.doi.org/10.29386/reb.v72i286.885.
Full textAbstract:
O discernimento vocacional, que o Ordinário (bispo diocesano ou superior maior) deve realizar para a admissão ao seminário diocesano ou à vida consagrada, é uma exigência da legislação canônica. Consideramos quatro requisitos básicos: idoneidade moral, saúde física com a devida comprovação médica, suficientes qualidades de maturidade e certa capacidade intelectual adequada ao estado de vida que estará sendo iniciado. O objetivo do Ordinário é a certeza moral, sem ferir a boa fama e a intimidade do candidato. Neste aspecto, verificamos a função da perícia psicológica, quando necessária, e os critérios para que seja utilizada.Abstract: Vocational discernment that the Ordinary (the diocesan bishop or major superior) should hold for admission to the diocesan seminary or religious life is a requirement of canon law. We consider four basic requirements: moral character, physical health with proper medical evidence, sufficient qualities of maturity, and a certain intellectual capacity adequate to the state of life that one is commencing. The goal of the Ordinary is moral certainty, without harming the good reputation and the intimacy of the candidate. In this respect, we see the role of psychological expertise, when needed, and the criteria to be used.
13
Jaszcz, Adam Mariusz. "HISTORIC-LEGAL DOCTRINE ON THE DIOCESAN SYNOD AND LEGISLATION IN FORCE. ACTIVITY OF THE POLISH DIOCESES." Review of European and Comparative Law 2627, no. 34 (December 31, 2016): 169–93. http://dx.doi.org/10.31743/recl.4988.
Full textAbstract:
In the first centuries of Christianity a meeting of small communities was considered as the way of resolving conflicts, making important decisions, and seeking God’s will for the community. With the increasing number of believers followed necessary decentralization of ecclesiastical structures so that dioceses could decide on administrative and organizational matters. Clergy assemblies have served these issues and we can consider them today as prefiguration of diocesan synods. Most authors believe that the first diocesan synod assembly took place in France in Auxerre in A.D 578. Over the centuries, the institution of diocesan synod experienced both the flourish moments, as well as the crises. For its definitive fixation in the canonical doctrine should be considered the treaty of Pope Benedict XIV De Synodo Dioecesana published in 1748. The value of the diocesan synod as a legal institution has been confirmed by the Second Vatican Council, which in the Decree Christus Dominus has expressed the wish of synodal fathers that the institution will take on a new life and serve the Church in modern times. The current legislation concerning the diocesan synod is contained in the Code of Canon Law (c. 460-468), as well as in the Instruction of the diocesan synods issued in 1997 by two Vatican congregations. In Poland since the promulgation of the Code in 1983, until the year 2012 31 diocesan synods were held. Some of them took place in the days of communism, the other in a free Poland, which also had an impact on their course. In addition to many historical, ecclesial and pastoral circumstances particularly important was the influence of St. John Paul II,who personally participated in the opening or closing of some diocesan synods.
14
Janczewski, Zbigniew. "Sprawowanie Eucharystii poza miejscem świętym." Prawo Kanoniczne 52, no. 3-4 (December 10, 2009): 285–302. http://dx.doi.org/10.21697/pk.2009.52.3-4.14.
Full textAbstract:
The Eucharistic celebration is to be carried out in a sacred place. Unless in a particular cases necessity requires otherwise, in a fitting places (can. 932). The first, this article discusses the history of Eucharistic celebrations beyond a sacred places. The second it discusses modern canon law about those questions. The author shows the problem of necessity to celebration. In the Code of Canon Law 1983 arise of necessity appreciated a celebrants. Now according to Instruction Redemptionis sacramentum (25 march 2004) arise of necessity appreciates a diocesan bishop. The article show a various possibilities to celebration the Masses beyond sacred places also.
15
Sitarz, Mirosław. "Statement of the Polish Episcopal Conference and Polish Bishops on the Covid-19 Pandemic. An Outline." Teka Komisji Prawniczej PAN Oddział w Lublinie 15, no. 2 (December 31, 2022): 287–92. http://dx.doi.org/10.32084/tkp.5172.
Full textAbstract:
Under canon law, both the Holy See, the Polish Episcopal Conference as well as individual diocesan bishops, issued many appeals, guidelines, decrees and dispensations in which they adhered to the safety rules introduced by the Polish government during the pandemic. The article discusses the statements of competent ecclesiastical authorities concerning the pandemic circumstances.
16
Wroceński, Józef. "Obowiązki pasterskie biskupa diecezjalnego." Prawo Kanoniczne 51, no. 3-4 (December 10, 2008): 119–45. http://dx.doi.org/10.21697/pk.2008.51.3-4.06.
Full textAbstract:
At the Canon Law presently being in vigor, a Diocesan Bishop is called a shepherd. His main task in a local church is a leadership of triply character: teaching, sanctifying, and guiding that is ruling. I consequence the legislator enumerates several duties in connection with this task, which could be called the pastoral duties. The author in his article has analyzed the rules regarding those duties. A diocesan bishop as a successor of the Apostles has a specific power in the local church, which is put in his charge, and for this reason he can undertake necessary pastoral actions which are in line with the Church’s universal mission. He also is a visible sign of the unity in the community of the people of God. The author has also analyzed several other factors which condition the value and efficiency of a diocesan bishop’s services.
17
Druwé, Wouter. "Learned law in late medieval Netherlandish practice: Consilia for the congregation of Windesheim (ca. 1415-1500)." Tijdschrift voor Rechtsgeschiedenis / Revue d'histoire du droit / The Legal History Review 89, no. 1-2 (June 15, 2021): 125–57. http://dx.doi.org/10.1163/15718190-12340002.
Full textAbstract:
Summary The Historical Centre of Overijssel in Zwolle and the Royal Library of Belgium in Brussels each conserve a fifteenth-century manuscript collection of legal and moral theological sources, written for the general chapter of the Augustinian canons regular of Windesheim. Both collections contain many ‘consilia’ by learned lawyers, several of whom were active in the prince-bishopric of Liège, at the universities of Paris or Cologne, or – especially – as professors of civil or canon law at the young university of Leuven. These manuscripts have already been the subject of a prosopographical analysis, but so far their content has not been studied. This article provides a substantive analysis of both collections. Topics include many disputes concerning the law of religious communities or regarding the congregation of Windesheim’s relationship to the diocesan bishops, the secular clergy and secular authorities. The volumes also cover diverse fields of the law of succession, contracts or delict.
18
D'Auria, Eithne. "Alienation of Temporal Goods in Roman Catholic Canon Law: A Potential for Conflict." Ecclesiastical Law Journal 12, no. 1 (January 2010): 33–52. http://dx.doi.org/10.1017/s0956618x09990378.
Full textAbstract:
Alienation of church property is governed by both canon law and civil law, which may give rise to conflict. This paper addresses issues surrounding the Roman Catholic canonical requirements for alienation including the need to consult experts. Failure to consult, itself may give rise to concerns over the validity of the diocesan bishop's permission to alienate and, in turn, the lawfulness of the sale. This is not merely academic. Churches in the United States find themselves in the position where ownership of temporal goods is of increasing interest to the civil courts in the pursuit of compensation for successful litigants in the current wave of abuse cases.
19
Ratajczak, Krzysztof. "Legaci apostolscy w Polsce w wiekach średnich i ich rola w przyjmowaniu partykularnego ustawodawstwa kościelnego przez Kościół polski – aspekty edukacyjne." Biuletyn Historii Wychowania, no. 26 (March 10, 2019): 7–18. http://dx.doi.org/10.14746/bhw.2010.26.1.
Full textAbstract:
The official reception of the conciliar legislation in medieval Poland was greatly influenced by the papal legates, ambassadors endowed with papal authority, who brought conciliar canons to the country ruled at the time by the Piasts and made them public at councils convened with the participation of papal legates, closely monitored the observance of Canon Law and its scope expansion, concurred statutes of Polish provincial and diocesan councils, approved or rejected nominations of bishops, etc. They also acted as intermediaries in personal interventions of popes in their involvement in the functioning of the Church in Poland. Their duties also included inspections in dioceses. Visits of papal legates in Poland were relatively frequent and their main goal was to enforce and implement ecclesiastical reforms in the country. In some instances, a strict relationship between a stay of a papal representative in Poland and the process of the creation and spread of schools is clearly observable. The article examines source accounts concerning the visits of papal legates in Poland, as well as analyses the available statues of legate councils in terms of the provisions included in them regarding education of representatives of the clergy and laymen alike.
20
Dullak, Kazimierz. "Troska biskupa Czesława Domina o wiernych świeckich w świetle dekretów powizytacyjnych parafii diecezji koszalińsko-kołobrzeskiej." Prawo Kanoniczne 50, no. 1-2 (June 15, 2007): 3–26. http://dx.doi.org/10.21697/pk.2007.50.1-2.01.
Full textAbstract:
The Canon Law Code which is obliging within the Catholic Church, obliges the diocesan bishop to pay pastoral visits within his diocese (can. 396 § 1). The Vatican Council II points out that the bishops should run the particular churches entrusted to them, by counsels, encouragem ents and example, and that they should do it by the power of their authority (LG 27). During his 4-year pastoral work in the diocese of Koszalin and Kolobrzeg, bishop Czeslaw Domin visited 55 parishes. In each one of them he was concerned not only about the priests, but also lay people, and especially their spiritual lives. Bishop Domin was undertaking some actions aimed to revive charity activities within the parishes. Also, he was encouraging pastoral care for married couples and families, and tried to change things concerning religious education in public schools. He was always encouraging parishioners to be more active in different church activities.
21
Blaney, Ian. "Pious Causes: The Boundaries between Charity Law and Ecclesiastical Law." Ecclesiastical Law Journal 24, no. 3 (September 2022): 309–31. http://dx.doi.org/10.1017/s0956618x22000333.
Full textAbstract:
Charities increasingly make up the body politic of the Church of England. They include parochial church councils, diocesan boards of finance and national institutions. By April 2024 every chapter of a cathedral will be required to register as a charity. Faithful parishioners put their collection money in gummed envelopes which call for them to add Gift Aid to their donations. Individual churches run foodbanks, drop-in centres, baby and toddler groups, and a whole range of charitable activities. The general public could be forgiven for thinking that ‘the Church of England’ is a national charity. However, it has not always been the case that the work and mission of the Church of England has been through charities, and for much of its history the Church has remained largely independent of charity law. What are the consequences of increasing reliance on charities and where do the boundaries lie between ecclesiastical and canon law on the one hand and charity law on the other?
22
Kantor, Robert. "The Office and Tasks of the Dean in the First Synod of the Diocese of Tarnów." Teka Komisji Prawniczej PAN Oddział w Lublinie 16, no. 1 (June 30, 2023): 113–24. http://dx.doi.org/10.32084/tkp.5468.
Full textAbstract:
Deans, in the organisation of the Church, are to assist the diocesan bishop in the exercise of governance in the territory that is part of the diocese. This area is called a deanery. In the history of the Church, deans have been seen as assistants to bishops. This article discusses the attributes of the office and deans’ obligations as set out in the 1928 Synod of Bishop Leon Wałęga. The First Synod of the Diocese of Tarnów was a transmission belt that made the provisions of the 1917 Code of Canon Law a reality in the Diocese of Tarnów. The particular legislator, Bishop Leon Wałęga, encouraged the clergy to surround deans with the reverence and trust due to them, considering them as elder brothers who, on behalf of the authorities, performed demanding duties for the common good. To date, no comprehensive study of this topic has appeared. As a starting point for the reflection on the office of dean, the etymology of the word is discussed, followed by a brief look at its archetypes: chorepiscopi, visitators and archdeacons.
23
Hill, Mark. "The Faculty Jurisdiction Rules 2013: Simpler Process, Equal Protection." Ecclesiastical Law Journal 16, no. 1 (December 13, 2013): 47–56. http://dx.doi.org/10.1017/s0956618x13000811.
Full textAbstract:
The faculty jurisdiction of the Church of England pre-dates planning law by several centuries. It is the means by which the diocesan bishop, through his chancellor and in his consistory court, ensures that the sacred buildings of the diocese and their contents are compliant with the canon law, doctrine and ecclesiology of the Church of England. During the latter part of the last century, the effective operation of the faculty jurisdiction contributed to the continuing exclusion of churches of the Church of England from the need for listed building control. The rationale is that the faculty jurisdiction provides a level of protection for the church's built heritage equivalent to local authority protection, but uniquely tailored for the sacred purpose of the buildings and the evolving needs of individual worshipping communities. A balance constantly needs to be struck which respects the rigour required of both ecclesiastical and secular authorities (with their competing but complementary demands), but is not so cumbersome that it deters and frustrates parishes and other interested persons and bodies from engaging with it.
24
Sadowski, Piotr. "Sąd Diecezji Opolskiej i kanoniści opolscy po drugiej wojnie światowej." Opolskie Studia Administracyjno-Prawne 16, no. 4 (1) (September 17, 2019): 199–211. http://dx.doi.org/10.25167/osap.1212.
Full textAbstract:
This article presents the Opole Diocesan Court in the years 1951–2018 and Opole canonists in the years 1945–2018. It discusses the functions, structure, history and profiles of judicial vicars of the court, and gives summary information focusing on Opole canonists. Members of the Opole Diocesan Court are compared with Opole canonists because the both groups have often created or co-created the both of these realities. The article does not present any statistical information or names of trials taking place before the Opole Diocesan Court during the analyzed period, or possible trial costs. Furthermore, it does not analyze court judgements or individual reasons for declaring the nullity of a marriage solemnized at the Roman Catholic church. While determining the composition of the court is relatively easy, the concept of canon law study of Opole is a more complicated matter. A person related to the Opole Diocese area by birth, upbringing, residence or job is recognized by the author as an Opole canonist. However, the above-listed factors are not always cumulative. In many cases, someone who is considered to be an Opole canonist may also be identified as belonging to other scientific circles. In the past few decades, the Opole canonist community has been composed of graduates of numerous Polish and foreign academic centers, and, afterwards, such people dealt with various research areas. Their publications, professional, social and organizational activities, and their membership of different associations are the evidence of proper creativity. Even if the author does not discuss detailed scientific achievements of Opole canonists, the above summary presentation shows that these achievements are rather extensive.
25
Jehaut, Rikardus. "Diocesan Bishops Intervention Towards Priests Being Involved in Partisan Politics: An Indonesian Context." Journal of Asian Orientation in Theology 02, no. 02 (August 25, 2020): 163–76. http://dx.doi.org/10.24071/jaot.2020.020203.
Full textAbstract:
This article aims to analyze critically the intervention of a diocesan Bishop towards priests being involved in partisan politics in the light of can. 287 2 Code of Canon Law and various affirmations of the Churchs Magisterium, which remain relevant and actual today, with particular reference to the Indonesian context, taking into account the case of a Catholic priest who ran for office and the involvement of several priests of a certain diocese in partisan politics. The author argues that as the leader of the particular church, the diocesan bishop must protect the unity of the whole Church and as consequently, he is obliged to insist on the implementation of all ecclesiastical laws, including in connection with the prohibition on priests not to engage in partisan politics (can. 287, 2). If an individual or group of priests is found to have violated this provision, the Diocesan Bishop must intervene quickly, precisely and decisively in due time. Such an intervention can be seen as an imperative sine qua non in order to protect the identity of the priest and his mission in the world and respect the political role of the laity. The form of intervention can be a verbal warning, written warning, and some canonical sanctions. It should be noted that within the Indonesian context, the intervention like this must be taken because there can be no justification for the direct involvement of the priest in partisan politics, at least at the moment, and also its destructive effects: create tension and division among the faithful and coulddeteriorate the credibility of priests and Churchs institution.
26
Sitarz, Mirosław. "Wymogi stanowienia prawa w Kościele partykularnym. Zarys problematyki." Biuletyn Stowarzyszenia Kanonistów Polskich 23, no. 26 (August 28, 2023): 85–93. http://dx.doi.org/10.32077/bskp.5944.
Full textAbstract:
Law-making is a formalized process. Normative act to be in force should meet the following requirements: 1) issued by a competent law-making body; 2) correctly structured; 3) announced (made available to the public) in a manner determined by the law. The Roman Pontiff, the College of Bishops, diocesan bishop, particular councils, conference of bishops and meeting of the bishops of the province are entitled to law-making in the particular Church. Congregation for Bishops in the Directory for the pastoral ministry of bishops Apostolorum Successores specified the basic criteria for the law-making bodies. The legislator in the Code of Canon Law 1983 indicated that “a law comes in to existence when it is promulgated” (can. 7). Particular laws begin to bind one month from the date of promulgation, unless another time period is determined in the law itself (can. 8 § 2). Then the Author showed the postulate. The competent law-making bodies in particular Churches and groupings of particular Churches should remember to include the date while promulgating the normative acts.
27
Wnuk, Radosław. "Stages in Canonical Provision of the Office of Pastor under the Current Polish Synodal Legislation." Roczniki Nauk Prawnych 28, no. 1 ENGLISH ONLINE VERSION (October 25, 2019): 119–35. http://dx.doi.org/10.18290/rnp.2018.28.1-7en.
Full textAbstract:
According to Polish synodal legislation, similarly to the Code of Canon Law, the provision of the office of pastor consists of three stages: 1) designation of a person, 2) conferral of the title, and 3) taking possession of the office.
In accordance with both universal and particular law, the provision may be free or dependent. The diocesan bishop confers the office freely (cc. 523–525). In the case of a dependent provision, however, another competent ecclesiastical authority nominates a candidate, and the diocesan bishop only confers the title to the office (c. 525; 682, §1).
According to legislators of particular law, the conferral of a legal title to an office should take place by a nomination decree. The decree should meet the requirements of a singular administrative act (cc. 48–57).
The placement in the possession of a parish by the local ordinary or his delegate and the assumption of the office by a pastor is the final stage of the provision. Under particular law, two aspects of this act are distinguished: the legal aspect (the drawing up and signing of a handover protocol by the pastor and other competent bodies), and the liturgical one (solemn entry of a new pastor into the parish church according to the ritual of a specific particular Church).
Legislators of particular law also places the presbyter who has been promoted to the office of pastor under an obligation to make a profession of faith (c. 833, 6°) and take the oath of fidelity, according to the formulas approved by the Holy See.
28
de Wildt, Kim. "Ritual Void or Ritual Muddle? Deconsecration Rites of Roman Catholic Church Buildings." Religions 11, no. 10 (October 10, 2020): 517. http://dx.doi.org/10.3390/rel11100517.
Full textAbstract:
The decrease in people who regularly celebrate liturgy in western Europe has led to the question of what to do with so-called obsolete church buildings. This question not only refers to whether or not a church building will be converted, reused or demolished, but also to the question of whether or not such a building needs to be deconsecrated, and if so, what does deconsecration of a church building actually entail? In this contribution, I will consider the role deconsecration rites play in the Roman Catholic church when a church building is taken out of liturgical use. In Roman Catholic liturgy, there are no prescribed, official deconsecration rites that are mandatory for a church building that is to be taken out of liturgical use. The actual deconsecration of a church building is, according to canon law, established by a decree that is issued by the responsible diocesan bishop. In the case of a church being taken out of liturgical use, however, there seems to be a shift from having a ritual void with regard to deconsecration rites, and also a focus on the “legitimate” way (in the sense of canon law) to deconsecrate a church building (object orientation), towards, in recent decades, paying more attention to a growing pastoral need (subject orientation) for deconsecration rites. These new ritual initiatives can be regarded as forms of pastoral care intended to help parishioners cope with the loss of their church building. I will show that different interpretations of canon law articles complicate straightforward answers to the question of which arguments are legitimate to deconsecrate a church. Furthermore, I will address the “ritual muddle”, the mixture of the actual deconsecration act in the sense of canon law and deconsecration rites that, from the perspective of canon law, do not effect church deconsecration. I will also address the differentiation between desecration and deconsecration, address historical forms of deconsecration rites and pay attention to the making and unmaking of sacred space. Finally, I will focus on contemporary deconsecration rites against the background of the complex reality in which such rites are situated.
29
Bar, Wiesław. "From an Inconvenient Bishop to the Incovenient Decision to Recognize Him as a Martyr." Roczniki Nauk Prawnych 28, no. 4 ENGLISH ONLINE VERSION (October 29, 2019): 129–47. http://dx.doi.org/10.18290/rnp.2018.28.4-8en.
Full textAbstract:
The title suggests that this article will continue on the subject addressed 10 years ago. The previous article was On a bishop who is inconvenient to those in power in Argentina—both the State and the Church. Despite the changes that have taken place in both spheres (the collapse of the military dictatorship after the 1983 elections, and changes in the episcopate and the judicial inquiry and elucidation of the circumstances of the murder of Bishop Angelelli), some people are denying Pope Francis’ decision to recognise the martyrdom of the bishop and his collaborators (June 8, 2018). They see this beatification as inconvenient.
The author of the presented study challenges these arguments, both from the canon-law perspective and in light of canonization practice. Due to the passage of time (the martyrs died in the Diocese of La Rioja in 1976) and the geographical separation (South America), he first provides their short biographies. Due to numerous untrue data and overinterpretations disseminated by the media as to the course of the beatification processes at the diocesan phase, the also tries to bring order to the basic facts.
30
Doe, Norman. "Robert Owen (1820–1902)." Ecclesiastical Law Journal 21, no. 1 (January 2019): 54–68. http://dx.doi.org/10.1017/s0956618x18000959.
Full textAbstract:
This journal has published two distinguished series on the lives and careers of individual jurists in the history of English church law, from the mediaeval period to the late nineteenth century: one by Professor Sir John Baker on ‘famous English canonists’ (1988–1997); and the other by Professor Richard Helmholz on ‘notable ecclesiastical lawyers’ (2013–2017). Most prepared for their professional careers with the study of civil law at Oxford or Cambridge (and before the Reformation also of canon law). Many practised as judges, advocates and proctors in the church courts (until statute ended much of their jurisdiction in the 1850s). Some wrote treatises on church law. A small number were also priests, but less so as the centuries unfolded. While these professional canonists and civilians may have had a monopoly in practising church law, they did not have a monopoly in thinking or writing about it. The clergy, who never trained or practised as lawyers, also had things to say about church law. But the clerical profession has been somewhat neglected by scholarship as a class contributing to the history of church law and jurisprudence. From diocesan bishops through parish priests to clerical scholars in the universities, their books, pamphlets, sermons, letters and other materials often deal with the nature, sources and subjects of church law. Their aims vary: from the educational through the historical or theological to the practical and polemical. These priest-jurists – fathers-in-law, they might quip – contributed much to the intellectual development of church law. One is Robert Owen, a Welsh scholar cleric whose books include Institutes of Canon Law (1884). No scholar has to date unveiled Owen as a notable Anglican priest-jurist – strangely, he has been lost to scholarship as among those whom he himself chided as ‘eminent Canonists’ who ‘hide themselves’ and remain ‘veiled Prophets’.
31
Coriden, James A. "Book Review: Morgan, Edward: Fathers and Brothers: The Legitimate Expectation of Diocesan Clerics in the Light of Canon 384 of the Code of Canon Law." Theological Studies 80, no. 2 (May 7, 2019): 492–93. http://dx.doi.org/10.1177/0040563919836247h.
Full text
32
Lakatos, Bálint, and Gábor Mikó. "Über die mittelalterliche Kirchengerichtsbarkeit des Königreichs Ungarn: Das Beispiel der Tätigkeit des Graner Kirchengerichts unter dem Generalvikar Matthäus de Vicedominis (1399–1428)." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 102, no. 1 (September 1, 2016): 242–82. http://dx.doi.org/10.26498/zrgka-2016-0111.
Full textAbstract:
Abstract On medieval church legislation in the Kingdom of Hungary - the diocesan law tribunal of Esztergom under the vicar Matteo di Vicedomini di Piacenza (1399-1428). In this paper the authors present the organization and work of medieval ecclesiastical courts of the Hungarian Kingdom in the 14th and 15th centuries in general, and on the other hand they examine this in detail by evaluation of a single court’s activity. The diocesan law courts were tribunals of first instance led by an officialis who was called in Hungary vicarius generalis, usually a doctor of canon law helped by assessores and staff. The seats of the archbishops of Esztergom and Kalocsa were tribunals of second instance, and the former was, as a primate, also a third degree forum since 1394/95. In comparison to Hungarian secular courts, literacy played a major role, although none of the judiciary registres have survived from the territory of Hungary before 1525. The jurisdiction of ecclesiastical courts was probably the broadest at the turn of the 14th and 15th centuries (cases of clergy, matrimonial and quarta puellaris lawsuits, hereditary cases, questions of oaths, benefices, wills and purity of the faith). This was constricted by the jurisdiction of secular courts already in the 15th century. - These phenomena can be explored and analyzed also through the activity of the Esztergom Tribunal under the vicar Matteo di Vicedomini di Piacenza, who served there as a judicial vicar between 1399-1403, 1411-1423 and 1425-1428. According to the charters we know he dealt with various types of cases. It can be observed how the tribunal and its members worked even in the absence of the vicar, how the charters were sealed and which were the tasks of the assessores, the notars and scribes.
33
Paul, Michael C. "Episcopal Election in Novgorod, Russia 1156–1478." Church History 72, no. 2 (June 2003): 251–75. http://dx.doi.org/10.1017/s0009640700099844.
Full textAbstract:
Episcopal election in Western Christianity evolved considerably over the course of the fifth to the twelfth centuries. In the early part of this period, an open electorate consisting of the clergy and the people (clerus et populus), as well as the diocesan clergy and the metropolitan archbishop, all took part in the election and consecration of a new bishop. Over the course of several centuries, the local prince came increasingly to dominate the process due both to Germanic and Roman traditions of the role of the prince and to the growth in power of the local rulers over the course of the Middle Ages. Efforts to harmonize the discordant views of a “democratic” versus an elite (either princely or clerical) electorate with the ideals of canon law, which forbade lay participation in episcopal election, led to assertions that the clergy were to elect the bishop with the people and the prince giving their assent to the bishop-elect. However, with the Gregorian reforms of the twelfth century, the right of the clergy in episcopal elections became preeminent as the reformers sought to enforce the canon laws and exclude the laity from episcopal election, especially in light of past princely abuse. Despite the apparent victory of the reformers in the Investiture Controversy, the local ruler continued to play a preeminent role in episcopal appointments (or elections) into modern times, though the principle of election “by the clergy and the people” fell into disuse.
34
Snape, Michael. "British Catholicism and the British Army in the First World War." Recusant History 26, no. 2 (October 2002): 314–58. http://dx.doi.org/10.1017/s0034193200030909.
Full textAbstract:
The history of British Catholic involvement in the First World War is a curiously neglected subject, particularly in view of the massive and ongoing popular and academic interest in the First World War, an interest which has led to the publication of several studies of the impact of the war on Britain’s Protestant churches and has even seen a recent work on religion in contemporary France appear in an English translation. Moreover, and bearing in mind the partisan nature of much denominational history, the subject has been ignored by Catholic historians despite the fact that the war has often been regarded by non-Catholics as a ‘good’ war for British Catholicism, an outcome reflected in a widening diffusion of Catholic influences on British religious life and also in a significant number of conversions to the Catholic Church. However, if some standard histories of Catholicism in England are to be believed, the popular Catholic experience of these years amount to no more than an irrelevance next to the redrawing of diocesan boundaries and the codification of canon law.
35
Doe, Norman. "Samuel Hallifax (1733–1790)." Ecclesiastical Law Journal 22, no. 1 (December 31, 2019): 49–66. http://dx.doi.org/10.1017/s0956618x19001704.
Full textAbstract:
Trinity Hall, Cambridge was founded in 1350 by William Bateman, Bishop of Norwich, for the study of canon law and civil law, as provided in its statutes. It later developed a direct connection with Doctors’ Commons in London, the College of Advocates practising in the church and admiralty courts. In the period 1512–1856, of the 462 admitted as advocates, 85 were from the Hall, including 15 masters and 45 fellows. From 1558 to 1857, the Hall had 9 out of about 25 Deans of Arches: two under Elizabeth, three at the end of the seventeenth century, three in the eighteenth century and one in the nineteenth. It has also provided more than 24 diocesan chancellors. As a result, within Cambridge University, Trinity Hall became the ‘nursery for civilians’, and the usual home for the Regius Professor of Civil Law. Among the first 12 of these (1540–1666), the Hall had 5. From 1666 to 1873, all of the next 12 holders were Trinity Hall by origin or adoption. Uniquely, all four of those holding this chair from 1757 to 1847 were clergy. These included Samuel Hallifax, Regius Professor of Civil Law 1770–1782. What follows deals with the life and career of Hallifax; his legal treatise An Analysis of the Roman Civil Law Compared with the Laws of England (with particular reference to its treatment of ecclesiastical law), its use and later editions; and the part played by it in a development which saw Trinity Hall become the centre for the new Civil Law classes (1816–1857), the forerunner of the modern Cambridge Law Tripos.
36
Swanson, R. N. "Arbitration, Delegation, Conservation: Marginalized Mechanisms for Dispute Resolution in the Pre-Reformation English Church." Studies in Church History 56 (May 15, 2020): 165–81. http://dx.doi.org/10.1017/stc.2019.10.
Full textAbstract:
The records of diocesan and peculiar courts of late medieval England have received extensive academic scrutiny, generating a reasonably clear picture of a hierarchical pyramid ultimately headed by the papal curia. However, that picture is an incomplete depiction of the totality of the ecclesiastical mechanisms of dispute resolution. Existing scholarship largely ignores the use of arbitrated extra-curial settlements to avoid litigation (or, alternatively, a formal sentence). Concentration on the provincial court hierarchy also marginalizes the more directly papal courts of judges delegate and assorted local agents with judicial powers, which functioned within England between 1300 and the Reformation and bypassed the normal fora. Drawing on a wide range of scattered source material, this article introduces these neglected elements of the church's legal system, including the resident papal conservators appointed at the request of petitioners to exercise a general delegated papal judicial authority on their behalf, whose existence has been almost completely unnoticed. It suggests the significance of arbitration, delegation and conservation within the wider structure, and the need to give them much more attention if the practical importance of canon law in pre-Reformation England is to be properly understood and appreciated.
37
Gręźlikowski, Janusz. "Włocławska Kapituła Katedralna na tle aktualnych norm prawnych odnośnie kapituł kanonickich." Prawo Kanoniczne 51, no. 3-4 (December 10, 2008): 299–330. http://dx.doi.org/10.21697/pk.2008.51.3-4.15.
Full textAbstract:
The Chapter Cathedral of Włocławek its beginning go back first half of XII centuries and justly be numbered to the oldest chapter in Poland. Her start to go back Chapter of Kruszwica. The Chapter of Włocławek entry in qualifications of the Chapter of Kruszwica consequently transfer the capitol of diocese from Kruszwica to Włocławek. The Chapter of Włocławek come into being about 1148 years. Her history is reach and testify her signify in life of the Włocławek Church the past, in particular assistance the bishop in management of diocese. The change in canon law after the Council of Watykański II and the next in the Code of Cannon Law from 1983 years results that the law statutes of chapters – also Włocławskiej – undergo radical change. The Chapter stop was the assist organ of dioceses bishop in management of dioceses, while stay her decision and consultative character chapter stand the council of priest meritorious for dioceses. The dignity of canon should be grant to priests distinguish honest life, virtue, science, zeal and care about Church. In new law reality the Chapter Cathedral of Włocławek, though destitute now most ancient qualification and competence, lake important element in structure of Włocławskiego and Polish Church. Testify about her statutory law, assignments obligations and also fact that in Poland not destroy chapters but reactivate old and create new council of chapters.
38
Задорнов, Александр. "Discussion Issues of the Church Marriage." Праксис, no. 1(3) (June 15, 2020): 101–14. http://dx.doi.org/10.31802/2658-6517-2020-1-3-101-113.
Full textAbstract:
Брачное законодательство является областью человеческого общежития, актуальной в любую эпоху земного бытия Православной Церкви. Уточнение применения канонических норм брачного права, содержащееся в определении Архиерейского Собора Русской Православной Церкви 2017 года «О канонических аспектах церковного брака» явилось важным этапом развития церковного законодательства в этой области. В статье анализируются некоторые положения данного документа в его связи с государственным семейным правом и общеправославным каноническим наследием. Используя традиционный для русской церковно-правовой традиции метод ответов на «недоуменные вопросы» конкретной канонической проблематики, в статье уточняются некоторые аспекты применения норм данного документа в приходской и епархиальной практике. Делается вывод о принципиальном характере данного документа, требующем продолжения работы над формулированием церковно-правового ответа на вызовы настоящего времени в области брачного права и семейного законодательства. Marriage legislation is an area of human community, relevant in any era of the earthly existence of the Orthodox Church. The clarification of the application of canonical norms of marriage law contained in the definition of the Holy Bishops’ Council of the Russian Orthodox Church (2017). «The Canonical Aspects of Church Marriage». It was an important stage in the development of church legislation in this field. The article analyses certain provisions of this document in its relation to State family law and the Orthodox Canon heritage. Using the traditional method of answering «perplexed questions» of a specific canonical issue for the Russian Church and legal tradition, the article specifies some aspects of the application of the norms of this document in parish and diocesan practice. A conclusion is drawn as to the principle nature of this document, which requires further work on the formulation of a church-legal response to the challenges of the present in the field of marriage law and family law.
39
Stanisz, Piotr, Dariusz Wadowski, Justyna Szulich-Kałuża, Małgorzata Nowak, and Mirosław Chmielewski. "The Catholic Church in Poland, Her Faithful, and the Restrictions on Freedom to Practise Religion during the First Wave of the COVID-19 Pandemic." Religions 13, no. 12 (December 19, 2022): 1228. http://dx.doi.org/10.3390/rel13121228.
Full textAbstract:
In response to the rapid spread of the coronavirus epidemic, the state authorities in Poland—as in other countries—decided to introduce various restrictions on rights and freedoms, including the freedom to practise religion. The purpose of this study is to analyse and evaluate the position taken by the ministers of the Catholic Church in Poland and her faithful towards these restrictions during the first wave of the pandemic. An analysis of source material, including documents published by representatives of the Conference of Polish Bishops and diocesan bishops (or curial deputy officials), leads to the conclusion that, in their official messages, the bishops virtually unanimously supported the restrictions imposed by the state, often granting them the sanction of canon law, or introducing even more restrictive solutions in their own dioceses. Moreover, an analysis of the media coverage of the first wave of the pandemic, as well as sociological opinion research focusing on Poland’s Catholic faithful, concludes that both the faithful and ‘rank-and-file’ clergy exhibited a polarised assessment of the stance adopted by the bishops towards the restrictions. However, this analysis allows for the refutation of the claim expressed in the literature, and shared by some of the faithful, about the bishops’ excessive submissiveness to the state authorities. Our research proves that this claim somewhat distorts the reality. Rather, the attitude of the hierarchs of the Church needs to be seen as an expression of their responsibility for the common good. More deserving of criticism, on the other hand, is the excessive focus of the ecclesiastical message of this period on the restrictions on the freedom to practise religion, while the right of the faithful to the spiritual goods of the Church was relegated to the background (Can. 213 CIC-1983). In adopting the research framework developed by Joseph Cardijn (‘see–judge–act’), our analysis concludes with the recommendation that, should a similar crisis arise in the future, the institution of the Church should rather focus its message to the faithful on securing the said right in the context of the state-imposed restrictions, by adopting the attitude typical of that of an addressee of legal norms, in line with the conclusions drawn from its own autonomy and independence as underlying principles of the State-Church relationship in both Church teachings and Polish law.
40
Proniewski, Andrzej. "Czym jest synodalność? Rozwój świadomości synodalności na przestrzeni historii Kościoła." Sympozjum 26, no. 1 (42) (June 2022): 11–32. http://dx.doi.org/10.4467/25443283sym.22.002.15816.
Full textAbstract:
Synodalność to pojęcie, które zyskało na popularności w Kościele katolickim w czasach pontyfikatu papieża Franciszka. Już pierwsze wieki chrześcijaństwa miały wpływ na formowanie się synodalnej drogi Kościoła. II Sobór Watykański położył fundament pod odnowienie życia synodalnego za pomocą nauki o kolegialności biskupów. Posoborowe prawo kanoniczne stworzyło możliwość organizowania synodów powszechnych, regionalnych i diecezjalnych. W celu wytłumaczenia procesu rozwoju świadomości synodalności w Kościele na przestrzeni dziejów autor analizuje i wyjaśnia podstawowe pojęcia w punkcie explicatio terminorum (1), następnie opisuje wybrane wydarzenia synodalne i soborowe, które towarzyszyły dziejom Kościoła (2), wskazuje na dziedzictwo, które przetrwało 12 ks. Andrzej Proniewski do dzisiejszych czasów (3), i ukazuje aktualny stan zakresu działań sprzyjających formowaniu wiernych do synodalności w Kościele (4). What is synodality? The development of synodality awareness throughout the history of the Church Synodality is a concept that gained popularity in the Catholic Church during the pontificate of Pope Francis. Already the first centuries of Christianity had an impact on the formation of the synodal path of the Church. The Second Vatican Council laid the foundation for the renewal of synodal life through the doctrine of the collegiality of bishops. Post-conciliar canon law created the possibility of organizing universal, regional and diocesan synods. In order to explain the process of development of the awareness of synodality in the Church throughout history, the author analyses and explains the basic concepts in the point explicatio terminorum (1), then describes selected synodal and conciliar events that have accompanied the history of the Church (2), points to a legacy that has survived to the present day (3) and shows the current state of the range of activities conducive to the formation of the faithful for synodality in the Church (4).
41
Meijns, Brigitte. "Papal Bulls as Instruments of Reform: The Reception of the Protection Bulls of Gregory VII in the Dioceses of Liège and Thérouanne (1074–1077)." Church History 87, no. 2 (June 2018): 399–423. http://dx.doi.org/10.1017/s0009640718000860.
Full textAbstract:
In research concerning the spread of eleventh-century ecclesiastical reform ideas, papal protection bulls have been somewhat overlooked as scholarship has privileged more obvious instruments of papal politics, such as legates, councils, canon law, papal letters, and friendship networks. This is not surprising considering the fact that the only documents preserved are very often the bulls themselves, making it virtually impossible to reconstruct the impact that they had on the local churches. Therefore, the availability of several narrative sources discussing the reception of the bulls Gregory VII issued in favor of the Benedictine abbey of Saint Hubert in the diocese of Liège in 1074 and of the priory of regular canons in Watten in the diocese of Thérouanne in 1077 is truly unique. While these accounts are heavily biased, they permit us to catch a rare glimpse of how bulls were received at the grassroots level. As becomes clear from their stormy reception, the charters prompted discussion in the episcopal entourage about questions of ecclesiastical hierarchy, procedure, papal obedience, and episcopal authority. They cleverly rooted the papal reform program in the midst of far-off but politically important dioceses and forced bishop and clergy to take a stance in the reform debate.
42
Wybult, Witold. "Misja kanoniczna dla doradców życia rodzinnego." Ius Matrimoniale 31, no. 1 (June 1, 2020): 135–52. http://dx.doi.org/10.21697/im.2020.31.1.07.
Full textAbstract:
Code of Canon Law promulgated by John Paul II gave the secular in church the possibility to take part in the service of managing, teaching and sanctifying. Canon 228 seems to be the most significant and fundamental code rule to apply the canonical mission. The first point informs: „Persons who are found suitable are qualified to be admitted by the sacred pastors to those ecclesiastical offices and functions which they are able to exercise according to the precepts of the law”. The following paragraph states: „Persons who excel in necessary knowledge, prudence, and integrity are qualified to assist the pastors of the Church as experts and advisors, even in councils according to the norm of law”.
Code of Canon Law of 1983, which in a very synthetic way formalises the preparation for marriage, draws the attention to some significant pastoral elements and, which is important, leaves the initiative in all not specified matters to specific conferences of Bishops and ordinaries of place.
Polish Episcopal Conference meeting the expectations of the teaching of the Second Ecumenical Council of the Vatican and code norms published „Family Pastoral Directory”, which became the legal foundation for the requirement of demanding the sanction of competent power for family life counsellors to serve in Church, which formally means having missio canonica.
Polish dioceses respectively are developing the norms relative to the requirements set for family life counsellors during diocese synods or outside of them.
43
Uruszczak, Wacław. "Unions in Medieval Church Law as the Basis for Description of the Legal Nature of the Polish-Lithuanian Union." Krakowskie Studia z Historii Państwa i Prawa 13, no. 3 (2020): 257–71. http://dx.doi.org/10.4467/20844131ks.20.019.12515.
Full textAbstract:
In church law, the union of churches (unio ecclesiarum) concerned the merger of two and more dioceses under the same bishop. In the Middle Ages, canonists were already pointing to three types of union: 1) aeque principalis; 2) unio per subiectionem, when one of the churches was subject to the other and thus the episcopal dignity remained only in that one, and finally, the third kind, called 3) unio per extinctionem, when two particular churches, usually dioceses, were merged into a single new one. The canonical achievements in the field of union of churches and benefices were collected and summarized, among others, in the treatise De unionibus ecclesiarum atque beneficiorum by Nicolaus Thilen, and in the work of Anaclet Reiffenstuel entitled Ius canonicum universum. The three types of union of churches and benefices presented above, distinguished by their mergers, were adopted into the Code of Canon Law of 1917 (canons 1419 and 1420). The 450th anniversary of the union concluded on July 1, 1569 in Lublin was celebrated in 2019. As a result of this union the Kingdom of Poland, called the Crown, merged with the Grand Duchy of Lithuania. The canonical models of the union of churches and benefices, developed in medieval canon law, are important for a closer description of the essence of this relationship, starting with the first of them, i.e. the union concluded in 1385 in Krevo. The political relationships established between the Kingdom of Poland and the Grand Duchy of Lithuania largely corresponded to the three canonical models of the church union indicated above, i.e. unio aeque principalis (1385), unio per subiectionem (1413) and unio per extinctionem seu translationem (1569).
44
Kantor, Robert. "Rola Konferencji Biskupów w działalności apostolskiej w świetle listów pasterskich." Textus et Studia, no. 2(2) (May 8, 2017): 53–68. http://dx.doi.org/10.15633/tes.01202.
Full textAbstract:
In the canon law studies, the Conferences of Bishops are mentioned among the sources of the canon law. Bishops have been and are substantially aware of their role in the diocese. The Conference of Bishops is a new, post-conciliar authority in the structure of the universal Church. Pastoral letters are one of the forms of apostolic activity of the Conference of Bishops. The primary source of these letters is the Revelation contained in the Bible and Tradition, as well as natural law. Proclaiming the Gospel is the primary task of bishops. They are the first preachers in their dioceses. They perform munus docendi individually in connection with the pope or collectively, e.g. during the Conference of Bishops. By jointly announcing the Catholic truth concerning the faith and morals, bishops gathered at the Conference preach to the People about God more effectively. The purpose of this study is to signal the significant role of this authority in the apostolic actions through bishops’ activity regarding preaching via pastoral letters. The Conferences of Bishops fulfil their tasks using various forms and methods of apostolate corresponding to the current situation of local particular Churches. Thus, the scope of analysis is not the competences of the Conference of Bishops regarding munus docendi from a legal perspective but those competences relating to pastoral preaching. Therefore, the role of a bishop in a diocese as the inspirer and person responsible for apostolic activity will be discussed first, followed by a description of the institution of the Conference of Bishops as a collective body responsible for the effective and authentic announcing the faith and morals. The conclusion will be an attempt to define the essence of pastoral letters.
45
Doe, Norman. "The Church in Wales and the State: A Juridical Perspective." Journal of Anglican Studies 2, no. 1 (June 2004): 99–124. http://dx.doi.org/10.1177/174035530400200110.
Full textAbstract:
ABSTRACTIn 1536 Wales (Cymru) and England were formally united by an Act of Union of the English Parliament. At the English Reformation, the established Church of England possessed four dioceses in Wales, part of the Canterbury Province. In 1920 Parliament disestablished the Church of England in Wales. The Welsh Church Act 1914 terminated the royal supremacy and appointment of bishops, the coercive jurisdiction of the church courts, and pre-1920 ecclesiastical law, applicable to the Church of England, ceased to exist as part of public law in Wales. The statute freed the Church in Wales (Yr Eglwys yng Nghymru) to establish its own domestic system of government and law, the latter located in its Constitution, pre-1920 ecclesiastical law (which still applies to the church unless altered by it), elements of the 1603 Canons Ecclesiastical and even pre-Reformation Roman canon law. The Church in Wales is also subject to State law, including that of the National Assembly for Wales. Indeed, civil laws on marriage and burial apply to the church, surviving as vestiges of establishment. Under civil law, the domestic law of the church, a voluntary association, binds its members as a matter of contract enforceable, in prescribed circumstances, in State courts.
46
Ondrášková, Veronika. "Vybrané instituty římsko-kanonického procesu v praxi pražské konzistoře ve 14. století: exceptiones in ordine iudiciario." PRÁVNĚHISTORICKÉ STUDIE 53, no. 2 (October 31, 2023): 11–34. http://dx.doi.org/10.14712/2464689x.2023.23.
Full textAbstract:
The article focuses on the legal institute of exceptiones in selected tractates written in the 14th century in the diocese of Prague. The first part introduces Circa processum iudiciarium and its inspirational sources, mainly rooted in William Durand’s Speculum iudiciale. The article also analyses Ordo iudiciarius secundum stilum Pragensem with emphasis on the use and different forms of exceptiones. In addition the submission focuses on other institutes of Roman-Canon law bonded with defences, such as replicationes and interlocutory sentences. Second part of this submission examines the praxis of ecclesiastical courts within the diocese of Prague and their application of selected institutes. Such analysis is conducted based on preserved court files of the General Vicariate as well as judicial charters. The aim of the article is to connect the theoretical concepts of tractates with actual judicial application and usage of these institutes within the Roman-Canon procedure.
47
Zakharov, Georgy. "The relationship between the sees of Rome, Thessalonica and Constantinople in the context of the development of synodal institutions in the first half of the 5th century." St.Tikhons' University Review 104 (February 28, 2022): 27–37. http://dx.doi.org/10.15382/sturii2022104.27-37.
Full textAbstract:
This paper is devoted to the problem of the development of the church organization of the super-provincial level in the Balkan region and to the influence of the Roman and Constantinople Sees on this process. According to the author, the law of emperor Theodosius II, concerning church affairs in Illyricum (421), did not imply the liquidation of the vicariate of Thessalonica created by the Roman see and the transfer of this region to the jurisdiction of Constantinople. It was about endowing the Constantinopolitan see with the function of an alternative judicial instance (along with the see of Thessalonica), which was justified by the status of Constantinople as the New Rome. The protest of Pope Boniface I and the western emperor Honorius against this decision, apparently, led to the fact that the status quo remained in Illyricum. Nevertheless, this law was included in the Code of Theodosius. It is also possible that, along with the diocese of the Orient, Illyricum was meant as the sphere of implementation of the 9th and 17th canons of the Council of Chalcedon (451), which prescribe, in the case of litigation with the participation of the metropolitan, to apply for a trial to the exarch of the diocese or to the Constantinopolitan see. This rule, apparently, was associated with the existence in Constantinople of a "permanent synod", the organization of which did not require significant costs and efforts, in contrast to the synods of dioceses.
48
Mozyro, Piotr. "Ofiary za sakramenty i sakramentalia na przykładzie Diecezji Ełckiej." Civitas et Lex 41, no. 1 (April 2, 2024): 65–77. http://dx.doi.org/10.31648/cetl.9485.
Full textAbstract:
The subject of the article is to present the issues related to offering and accounting for offerings for sacraments and sacramentals using the example of the Diocese of Ełk. The primary source for these considerations is the Code of Canon Law promulgated by Pope John Paul II in 1983, with amendments up to 2022. The starting point of these considerations is to provide a definition of sacrament and sacramental, essentially referring to the 1983 Code of Canon Law and the Catechism of the Catholic Church, with historical data taken into account. The article further clarifies the concept of offering by referring to its dictionary meaning, whether it is an offering made to God or an offering made of oneself. In the first part, the article also presents the general church legislation regarding offerings made for sacraments and sacramentals, considering issues related to accounting, the sustenance of clergy, determining Mass stipends, iura stolae, and associated practices. In the later part of the article, there is a reference to particular legislation within the Diocese of Ełk, with special emphasis on the statutes of the First Synod of the Diocese of Ełk and decisions made by individual bishops of the Diocese of Ełk. The Synod recalls the force of canon 848 of the 1983 Code of Canon Law, which states that, on the occasion of administering sacraments, it is permissible to accept an offering determined by competent church authority and in accordance with prevailing custom. In this part of the article, it becomes evident that particular legislation does not make significant resolutions on the discussed issue but rather creates a space for the practical application of the general norm. Particularly, in the Economic Decree of the Diocese of Ełk, certain practical provisions are found. The last part includes the presentation of customs and issues in applying the legal norm and a summary. It is worth noting that the issue of offerings made by the faithful on the occasion of administering sacraments and sacramentals, the voluntary nature of donations, and the fairness of compensation for clergy is a highly complex matter. It combines the spiritual and material aspects – invisible grace and material object. The Church must safeguard the purity of the sign, eliminate any abuses, and simultaneously ensure the fairness of compensation for clergy. In today’s times, when society, including the faithful of the Catholic Church, expects a high level of transparency, it is important to address the issues that can contribute to a better understanding of the practices of the Catholic Church.
49
Hilliard, Marie. "Sacraments and the Pandemic." Ethics & Medics 45, no. 5 (2020): 3–5. http://dx.doi.org/10.5840/em20204559.
Full textAbstract:
It is the right of the Catholic faithful to receive the sacraments when appropriate. The COVID-19 pandemic has presented new challenges in dispensing the sacraments, particularly to the sick who often need them most. Canon law dictates who can dispense the sacraments as well as where this can happen. Many dioceses have sought to find creative ways to reach those in need of the sacraments while keeping to the guidelines laid out by Canon law and public health authorities. Anointing of the Sick presents particular challenges while also being vitally important to Catholics who suffer from a life-threatening illness. Special precautions must be taken to ensure that communicable diseases are not spread during the administering of this sacrament, but it is essential that it be administered at the appropriate time.
50
Joko, Antonius Padua Dwi. "Paroki menurut Hukum Gereja." Lux et Sal 4, no. 2 (January 7, 2024): 79–88. http://dx.doi.org/10.57079/lux.v4i2.112.
Full textAbstract:
The term "parish" refers to a part of a diocese. According to the 1983 Code of Canon Law (CIC) canon 515, a parish is composed of the following essential elements for its existence: a congregation of Christian faithful, a place of worship where Christians can gather or be found, a territory or area, and a pastor responsible for the parish. Although parishes are generally territorial in nature, if it is considered beneficial, personal parishes may be established, which are determined on the basis of rite, language, nation of the Christian faithful of a particular territory, and also on other grounds (canon 518). In modern times, parishes no longer emphasize territorial areas, but rather emphasize parishes as the Church, the People of God.