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Usuanlele, Uyilawa. "The 1951–52 Benin City Catholic Church Crisis: Irish Catholic Clergy versus African Nationalism". Journal of Religion in Africa 49, nr 2 (11.03.2021): 181–216. http://dx.doi.org/10.1163/15700666-12340165.
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Abstract This paper draws attention to the neglected episode of a crisis that engulfed the Benin City Roman Catholic Station from 1951 to 1952. It examines how a disagreement between an Irish priest and an African catechist degenerated into a crisis that pitted the majority of the African laity against the Irish clergy. This crisis was not only reported in national newspapers and taken up by nationalist agitators, but also attracted the concern of Roman Catholics outside the diocese as well as the Vatican. This paper contends that the disagreement became a crisis because of the Irish clergy’s upholding of their policy of gradual incorporation of the African laity into participation in the administration of the diocese, and the African laity’s determination to pursue their aspirations of full and unhindered participation in the administration on their own terms. The crisis was also fueled by African nationalist ferment of the period, which prolonged the issue. The argument is supported with archival sources, newspaper reports and oral interviews with participants and members of the diocese.
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Kravchenko, I. O. "The practice of elections and the ordination of the highest clergy in medieval Iceland". Ukrainian Religious Studies, nr 47 (3.06.2008): 108–19. http://dx.doi.org/10.32420/2008.47.1953.
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The position of bishop in medieval Europe was important not only religiously but also politically and culturally. Top clergy often performed secular authority in their city and diocese. European canonical practice of the early Middle Ages developed a system where election and consecration into the bishopric became an integral and decisive element of ministry. Spiritual service was thus considered elective and sacred. In the 60s of the XII century. the already mature concept of confirmatio indicated that the powers of each bishop-elect begin in his consecration.
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Challinor, Kurt, Joan Lancaster i Richard Rymarz. "‘And Now I’m Teaching in a Catholic School’ – The Experiences of Early Career Teachers (ECT) in Lismore Catholic Schools and What Can Be Learned to Support Their Formation: A Preliminary Study". Paedagogia Christiana 49, nr 1 (15.01.2023): 121–43. http://dx.doi.org/10.12775/pch.2022.007.
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This study is a preliminary investigation of early career teachers (ECT) working in Catholic schools in a large regional Australian diocese. The key aim of the study is to better understand the factors influencing early career teachers, who begin their teaching careers in Catholic schools, and to apprehend their early experiences as teachers to cater for their continuous formation needs. Key findings identify the openness of ECTs to faith-based experiences and the challenges faced in teaching in a Catholic school. Recommendations for early career teacher support and formation are provided considering the findings of this study
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Hrabchuk, M. "Features of the Eastern Byzantine-Ukrainian rite in Hutsuls". Ukrainian Religious Studies, nr 9 (12.01.1999): 43–49. http://dx.doi.org/10.32420/1999.9.821.
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The Ukrainian Christian ritual, which is common to Ukrainian Orthodoxy and Greek Catholicism, is called the Byzantine-Ukrainian and Eastern. The sources of its formation begin from Cyril and Methodius, who conducted their missionary work in Macedonian Bulgarians around 863 in the territory of Veliko-Moravia, in particular among the tribes of white Croats - the ancestors of modern Hutsuls. Created here, the first Slavic dioceses disseminated Cyril and Methodius Christianity among the Western Ukrainian tribes of Galicia and Zakarpattya long before the official baptism of Rus-Ukraine.
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Gabow, Patricia. "The Hierarchy". Physician Leadership Journal 11, nr 1 (styczeń 2024): 23–24. http://dx.doi.org/10.55834/plj.8815737024.
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The Catholic hierarchy and lines of authority begin with the pope, extend to the bishops, and then to the priests. Fundamental to Catholicism is the belief in a line of spiritual authority that Jesus gave to the apostle Peter and to every pope throughout the millennia. The bishops and archbishops are appointed by the pope and oversee areas of various sizes called dioceses and archdioceses. Priests lead the parishes. The cardinals — the men at Vatican events dressed in red — serve as advisors to the pope, administrators of Vatican areas, and most importantly, are the papal electors.
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Beglov, Alexey. "The Parish Question in the Reviews of Diocesan Bishops in 1905-1906". Almanac “Essays on Conservatism” 102 (1.03.2020): 525–56. http://dx.doi.org/10.24030/24092517-2020-0-1-525-556.
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The article examines the views of the bishops of the Orthodox Russian Church on the prospects for the transformation of the Orthodox parish of the Russian Empire, reflected in the literary monument of church thought of the beginning of the 20th century – the “Comments of the Diocesan Bishops on Issues of Church Reform” of 1905–1906. The author shows that the bishops viewed the parish question in conjunction with other aspects of church reform, and sometimes with the general socio-economic situation in the empire. The bishops’ view of parish reform was quite broad. They spoke about the possible autonomy of parish communities, about the possibility of allowing parishioners to dispose of the parish property and giving them the right to intercede for a candidate they knew when nominating members of the parish clergy. At the same time, the author notes that almost none of the diocesan bishops who supported parish reforms in the “Comments”, responded to the Synod’s call to begin parish reform in 1906.
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Crook, J. Mordaunt. "Benjamin Webb (1819-85) and Victorian Ecclesiology". Studies in Church History 33 (1997): 423–57. http://dx.doi.org/10.1017/s0424208400013383.
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We begin in Trinity College, Cambridge, in May 1839. It is 10 o’clock at night and three undergraduates named Neale, Webb, and Boyce are trying to persuade one of their dons, Archdeacon Thorp, to become senior member of a new society. They refuse to leave until he agrees. The Cambridge Camden Society is born. J. M. Neale becomes President, Benjamin Webb Secretary, and E.J. Boyce Treasurer. Within a year they are joined by another Trinity man with influence in a much wider sphere, Beresford Hope. By 1843 the membership list includes two archbishops, sixteen bishops, thirty-one peers and M.P.s, seven deans or chancellors of dioceses, twenty-one archdeacons or rural deans, sixteen architects, and seven hundred ordinary members. In 1845 the society goes national, moves to London, and becomes the Ecclesiological Society.
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Vitaliy (I.N. Utkin), Hegumen. "Political Ideas and Political Struggle of the Pre-Revolutionary Russian Clergy (The Case of the Ryazan Diocese)". Orthodoxia, nr 1 (4.09.2021): 125–59. http://dx.doi.org/10.53822/2712-9276-2021-1-1-125-159.
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This article, written using the materials of Ryazan diocesan press, studies the history of the formation of political ideas and the political struggle of pre-revolutionary Russian clergy. In the process of forming separate spiritual estate and system of the rationalized Latin-speaking spiritual education within the Russian Empire, the clergy becomes one of the forces modernizing the country, while perceiving itself as the enlightener and the civilizer of people. The state saw the clergy as petty officials, but the clergy were not willing to accept this role. During the creation of elementary school in the system of the Ministry of State Property, the clergy strengthened their social position and acquired many years of teaching experience. The liberal nobility feared that the clergy would take the lead in rural life by alienating the landlords. Zemstvos begin to fight to push the clergy away from the peasants, squeezing the clergy out of schools. At the same time, churches start opening schools en masse. The clergy enters a political struggle with the liberal gentry. Church periodicals began to appear, shaping the political stance of the clergy. The clergy sees itself as a separate politicum, which can be higher than zemstvos as all-empowerment bodies. Diocesan congresses, as well as district and parochial assemblies start appearing as a means of unification and consolidation of the clergy.The necessity of intra-church democracy, while ignoring the canonical role of the bishop and mass media's leading role, becomes a dominant idea in the clergy's life until the Revolution of 1917. These democratic representations in the Ryazan diocesan press were not called “sobornost” anymore but were political in nature. For utilitarian purposes, the state power supported such aspirations of the clergy during the 1912 election campaign to the State Duma. The clergy had the opportunity to realize their political views during the February Revolution of 1917 and fully supported it. Diocesan bishops were expelled, each parish was considered as a separate “local church”. The clergy sought to remain unelected and beyond the control of the parishioners, although they themselves insisted on electing diocesan bishops. However, parishioners turned their backs on their pastors. Some clergy were expelled from parishes, others limited the level of fees for services. Representatives of the laity and lower clergy drove the clergy out of elected parish and diocesan authorities. As the revolution developed and the country descended into chaos, the clergy, who had taken part in these processes, did not accept their share of responsibility for what was happening; on the contrary — they blamed the “ignorant” people for the church trials.
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Dody Kurnianto, Geovanni. "Be A Good Listener- Learning from Saint Francis de Sales". Journal of Asian Orientation in Theology 04, nr 02 (30.08.2022): 125–40. http://dx.doi.org/10.24071/jaot.v4i2.5001.
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The purpose of the study is to show that the spirituality of Francis de Sales in his work, “Introduction to the Devout Life” is still relevant today, especially for the formation of priests and religious candidates in Indonesia. His work was written when as the Bishop of Geneva, he was concerned for the spiritual life of the laity in his diocese because of the Protestantism movement that swept most of Europe at that time. Francis wants to tell his people that, not only in the Protestant Church, but in the Catholic Church also that holiness belongs to everyone, not only for the clergy, monks, and nuns. His book provides a practical guide for anyone who wants to develop a spiritual life. De Sales offers a new perspective that the first step to develop a spiritual life does not begin with the celebration of the sacraments and liturgies but from the human longing for God that arises from everyone's heart. This longing of God must be cultivated and nurtured, first of all, in spiritual friendship with those who are more experienced in spiritual life. In the formation, this is known in several forms such as spiritual guidance, personal assistance, or cura personalis.
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BAUSHOV, R. B. "PROTEST MOVEMENT IN THEOLOGICAL EDUCATIONAL INSTITUTIONS OF THE TOWN OF KURSK AT THE BEGINNING OF THE 20TH CENTURY". JOURNAL OF PUBLIC AND MUNICIPAL ADMINISTRATION 12, nr 1 (2023): 133–43. http://dx.doi.org/10.22394/2225-8272-2022-12-1-133-143.
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The purpose of the article is to determine the participation degree of students of theological educational institutions of the town of Kursk in protest movements in the Russian Empire at the beginning of the 20th century. The analysis of the history of the protest movement in theological educational institu-tions in Kursk is based on archival materials. The author emphasizes that in general, the protest movement in seminaries at the begin-ning of the 20th century is studied quite exten-sively nationwide and regionally, but the local participation of theological educational institu-tions in Kursk remains unexplored. As a result, the author reveals the participation degree of the students of Kursk Theo-logical Seminary and Kursk Women's Diocesan School in the protest movements in theo-logical educational institutions at the beginning of the 20th century.
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Desmond, Karen. "New light on Jacobus, Author of Speculum musicae". Plainsong and Medieval Music 9, nr 1 (kwiecień 2000): 19–40. http://dx.doi.org/10.1017/s0961137100000024.
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Since the realization, at the beginning of this century, that the treatise Speculum musicae had been incorrectly attributed to Jehan des Murs by its first editor, Edmond de Coussemaker, the actual author of this voluminous work of music theory from the early fourteenth century has remained a shadowy figure. The most certain detail of the author's identity is his name, contained within an acrostic spelled out over the initials that begin each of the seven books of the treatise, rendering the given name IACOBUS. The provenances of the three surviving manuscript sources, all dating from approximately a century after the proposed date of Speculum musicae, suggest an Italian bias to the transmission of the work, but, as physical documents, the manuscripts have yet to yield any clues to the author's origins. The treatise itself is a bit more helpful. Besides offering the author's name, clues within the text have allowed for the formulation of the following hypothesis concerning the career of Jacobus: that he was probably born in the diocese of Liège, that he was a student in Paris in the late thirteenth century, and that he returned to Liège to complete the final books of his treatise, Books 6 and 7 of Speculum musicae. In what follows, I will first briefly evaluate the evidence previously marshalled to support this hypothesis, and I will then discuss new information pertinent to the biography of the author.
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Sitarz, Mirosław. "Wymogi stanowienia prawa w Kościele partykularnym. Zarys problematyki". Biuletyn Stowarzyszenia Kanonistów Polskich 23, nr 26 (28.08.2023): 85–93. http://dx.doi.org/10.32077/bskp.5944.
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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.
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Nyzhnikova, Svitlana. "Women’s Religious Schools in the Ukrainian Lands (1854–1918) in Modern Historiography". Journal of V. N. Karazin Kharkiv National University. Series: History, nr 63 (3.07.2023): 97–116. http://dx.doi.org/10.26565/2220-7929-2023-63-05.
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The historiography of women’s religious schools began to emerge simultaneously with the creation and functioning of these educational institutions in the second half of the 19th and early 20th centuries. Individual works from this period contain ample and interesting factual material, including statistical data on the numbers of students and teachers. In the Soviet period, the study of this subject ceased, because women’s religious education was not among historians’ research interests at this time. The current period in the historiography of the problem began with the first years of Ukrainian independence. During the past three decades, a number of works of various formats on the history of education have been produced, but neither diocesan women’s schools nor women’s schools of the Department of Religious Affairs receive much attention in these studies. Usually, authors either limit themselves to listing the basic facts from the history of these institutions or do not mention them at all. The development of gender studies and the appearance of works on women’s history also have failed to significantly affect the historiography of women’s religious schools, as researchers continued to use approaches traditional for history of education, such as the study of the educational process or characterization of an institution’s student body and faculty. Since the 2000s, works begin to appear that focus specifically on the system of women’s religious education in the Ukrainian lands. A significant achievement of these works has been the accumulation of various statistical materials important for the comparative analysis of women’s religious schools. However, they also for the most part reproduce methods and approaches characteristic of 19th-century historiography, enumerating the basic facts from the history of these schools without proper analysis. Further, we may sometimes come across characterizations of women’s religious schools that are not grounded in careful analysis or backed by appropriate sources. Still, in recent years there have been positive changes in the study of the diocesan schools and schools of the Department of Religious Affairs, such as attention to new themes and the use of interdisciplinary approaches. Overall, the subject remains promising for further research.
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GOLDIE, MARK. "VOLUNTARY ANGLICANS Restoration, reformation, and reform, 1660–1828: archbishops of Canterbury and their diocese. By Jeremy Gregory. Oxford: Oxford University Press, 2000. Pp. 355. ISBN 0-19-820830-8. £45.00. The church in an age of danger: parsons and parishioners, 1660–1740. By Donald A. Spaeth. Cambridge: Cambridge University Press, 2000. Pp. 279. ISBN 0-521-35313-0. £40.00. The Quakers in English society, 1655–1725. By Adrian Davies. Oxford: Oxford University Press, 2000. Pp. 262. ISBN 0-19-8280820-0. £40.00. Hawksmoor's London churches: architecture and theology. By Pierre de la Ruffinière du Prey. Chicago: University of Chicago Press, 2000. Pp. 179. ISBN 0-226-17301-1. £26.50 (hb); 2003. ISBN 0-226-17303-8. £17.50 (pb). The national church in local perspective: the Church of England and the regions, 1660–1800. Edited by Jeremy Gregory and Jeffrey S. Chamberlain. Woodbridge, Suffolk: Boydell Press, 2003. Pp. 315. ISBN 0-85115-897-8. £50.00." Historical Journal 46, nr 4 (grudzień 2003): 977–90. http://dx.doi.org/10.1017/s0018246x03003388.
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The historiography of the eighteenth-century Church of England remains peculiarly preoccupied with vindicating that institution from the condemnation heaped upon it by Anglo-Catholics and Evangelicals in the nineteenth century. The chapters of Jeremy Gregory's Restoration, reformation, and reform characteristically begin with quotations from Victorians on the somnolence and negligence of the Hanoverian Establishment. The starting point is, as it were, a Hogarth cartoon of a corpulent curate and a snoozing congregation. In part this preoccupation is indicative of how little has been done on the subject since the Victorians. Norman Sykes, writing between the 1930s and 1950s, remains an almost solitary beacon for the church's institutional history, though much of his work was biographical, dwelling on clerical high politics rather than on the social fabric of the church in the parishes. About the Hanoverian parish we know little, and probably care less, because without Reformation or Revolution – or nuns or witches – there is little to move the secular-minded to take an interest. It would not, of course, be true to say that nothing has recently been done. There has been something in the field of intellectual history. One thinks of Brian Young's fine Religion and enlightenment in eighteenth-century Britain (1998), a filling out of John Pocock's sketch of an English ‘clerical Enlightenment’ – though most intellectual history of that era prefers the wilder shores of deism, freethinking, and the radical assault on priestcraft. There have been valuable probings of the early eighteenth-century politics of religion (the Sacheverell affair, the charity school movement, the Societies for the Reformation of Manners) and of the late Hanoverian roots of nineteenth-century high churchmanship.
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Wilkins, Dominic. "Catholic clerical responses to climate change and Pope Francis’s Laudato Si’". Environment and Planning E: Nature and Space, 19.11.2020, 251484862097402. http://dx.doi.org/10.1177/2514848620974029.
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The 2015 release of Pope Francis’s encyclical on the environment—Laudato Si’—was met with widespread praise by many who hoped this document would spur Catholics around the world to join movements struggling against climate change. Frequently, these hopes were accompanied by expectations that leaders in the Catholic Church would begin greening their churches and help integrate their parishioners into broader environmental movements. However, while there are strong theoretical rationales supporting Catholic environmental action, few studies have examined what—if anything—is actually happening. This paper responds to this gap by assessing how Catholic clergy in one U.S. diocese are engaging environmental concerns. Drawing upon 31 interviews with priests and deacons across the Diocese of Syracuse, N.Y., this study finds that few clergy are substantively engaging environmental issues. In addition, this paper identifies and discusses several personal and systemic barriers hampering Catholic clerical efforts to further green their churches.
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Rodrigues Marques, Marlon, i Cláudio Beserra de Vasconcelos. "Marcas de um novo tempo: os ideários da Conferência Episcopal de Medellín na trajetória de D. Waldyr Calheiros de Novaes". Revista Encontros Teológicos 33, nr 2 (6.09.2018). http://dx.doi.org/10.46525/ret.v33i2.860.
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Neste artigo vislumbramos entrecruzar a trajetória de um bispo, no caso D. Waldyr Calheiros de Novaes, com as decisões e princípios da Conferência Episcopal de Medellín. Projetamos notar as releituras feitas pelo bispo, assim como as principais ideias e práticas que fizeram parte de sua administração na diocese de Barra do Piraí-Volta Redonda. Inferimos ainda que em consequência da atuação do bispo na aplicação e divulgação das novas formas, práticas e preceitos religiosos, sua vida foi marcada pela perseguição política no período de ditadura militar no Brasil. Começamos a análise justamente no período em que Waldyr Calheiros havia saído do seminário, logo em seguida verificamos suas ações como padre e bispo auxiliar. Nota-se que sua atuação eclesial e social se transformou significativamente em decorrência do Concílio Vaticano II e da Conferência Episcopal de Medellín.Palavras-chave: Dom Waldyr Calheiros de Novaes. Conferência episcopal de Medellín. Diocese de Barra do Piraí-Volta Redonda.Abstract: In this article we aim to intertwine the trajectory of a bishop, in this case Waldyr Calheiros de Novaes, with the decisions and principles of the Episcopal Conference of Medellín. We project to notice the rereadings made by the bishop, as well as the main ideas and practices that were a part of his administration in the diocese of Barra do Piraí – Volta Redonda. We also infer that, as a consequence of the acting of the bishop in the application and spread of the new forms, practices and religious precepts, his life was marked by the political pursuit in the period of military dictatorship in Brazil. We begin the analysis just in the period in which Waldyr Calheiros left the seminar, then we check his actions as priest and auxiliary bishop. It is noticed that his ecclesial and social performance transformed significantly as a result of the II Vatican Council and of the Episcopal Conference of Medellín.Keyworks: Waldyr Calheiros de Novaes. Episcopal conference of Medellín. Diocese of Barra do Piraí-Volta Redonda
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Dornelas, Sidnei Marco. "O método das Santas Missões Populares a serviço da Missão Continental? Questionamentos sobre suas possibilidades e incongruências". Revista Encontros Teológicos 25, nr 3 (31.10.2016). http://dx.doi.org/10.46525/ret.v25i3.254.
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Resumo: O autor responde à pergunta feita no título do seu artigo: “O métododas Santas Missões Populares está a serviço da Missão Continental?” E começalembrando que essa “Missão Continental” é a grande prioridade deixadapela Conferência de Aparecida e assumida pelo Episcopado latino-americano.A seguir, apresenta as “possibilidades”, sem deixar também de apontar para as“incongruências” do referido “método” das Santas Missões Populares postas aserviço da “Missão Continental”, cujo projeto vem expresso no Projeto Nacionalde Evangelização “O Brasil na Missão Continental”, e no “Itinerário da MissãoContinental”, com seus principais pressupostos. Entre esses, a Diocese, e aParóquia, que deveriam constituir-se “em permanente estado de missão”. Econclui: Para além de um grande evento missionário, como os realizados pelasMissões Populares, a Missão Continental, uma vez mais, coloca como objetivo acontinuidade da renovação da ação missionária, incorporando-a nas estruturas,dinâmicas formativas e planejamentos pastorais. Tal dinamismo, atuando como“pastoral decididamente missionária”, nesse sentido, não é mais tarefa das SMP,mas obra a ser pensada e realizada na continuidade do cotidiano.Abstract: The author answers the question raised in the title of the article “Themethod of Holy Missions among the people is at the service of the Mission ofthe Continent?” To begin with it is to be remembered that the “Mission extendedto the Continent” is the foremost priority endorsed by the Conference ofAparecida and by all Latin American Bishops. The following subject dealt withconcerns the possibilities without leaving out some incongruous aspects of themethod underlying the Holy Missions among the people in a far reaching scaleto embrace the “Continental Mission”. In fact, it constitutes the national projectof evangelization and served as criterion for “Brazil involved in the ContinentalMission” and the “Itinerary of the Continental Mission” with the main presuppositionstherein implied. Mention is made of the diocese and the parish which shouldshow forth permanent readiness to reach out. The conclusion to be drawn is topool resources, renewal of strategies, marshalling the forces of all the faithful.The dynamic efforts implementing the pastoral activity of missionary service inthe Church transcends the Holy Missions among the people because it is thefulfillment of salvation in history in progress in daily life.
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Mlambo, Ntandoyenkosi. "Church Land Reform through a Combination of Examples and Theology of Spatial Justice". Studia Historiae Ecclesiasticae 46, nr 2 (26.10.2020). http://dx.doi.org/10.25159/2412-4265/6817.
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Land was one of the ways the colonialist venture as well as the apartheid regime used to divide people, as well as being a catalyst for superiority. Over hundreds of years, from the beginning of colonial rule until the end of apartheid in 1994, the indigenous people of South Africa were dispossessed from the land. With the end of the Truth and Reconciliation proceedings, it was clear from suggested actions that there should be restitution in South Africa to begin to correct the spatial and resultant economic imbalances. Churches in South Africa embarked on setting declarations on land reform ecumenically and within their own walls. However, little information is available on final reform measures that churches have taken after several ecumenical meetings in the 1990s. Additionally, there is little development in South African theology circles on a theology of land justice. Moreover, a praxis on land justice for churches has not been openly developed or discussed post-1994. This study aims to look at the history of the land issue in South Africa, particularly from 1948–1994, and will include the history of land ownership in the Roman Catholic tradition. In addition, it will look at examples of land reform in the Roman Catholic Church from 1999 until the present in the Diocese of Mariannhill. Furthermore, the article will consider the emerging praxis of spatial justice based on a hermeneutic view taken from black liberation and contextual theology. The article concludes with a look at how these examples and new praxis can develop the ecumenical church’s quest for a prophetic voice and actions in land South African land reform.
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Zanchini di Castiglionchio, Francesco. ""A chiare lettere - Confronti” • A proposito di guerra o pace ai tribunali ecclesiastici esistenti in Italia. Quale cultura di riforme organiche sta dietro l’attuale pontificato?" Stato, Chiese e pluralismo confessionale, 24.01.2022. http://dx.doi.org/10.54103/1971-8543/17152.
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SOMMARIO. 1. Preambolo: perseverare diabolicum? - 2. (segue) I tribunali regionali nella attuazione del regime concordatario, in Italia - 3. Ancora in tema di competenza matrimoniale dell’ordinario diocesano. Intermezzo - 4. Corollari di principio in tema di giurisdizione penale e/o amministrativa - 5. Problematicità di una transizione contraddittoria, a ogni livello - 6. (segue) Dalla frammentazione feudale all’armonia di un moderno ordinamento giudiziario.
Regarding peace of war to the italian ecclesiastical courts. Which is the methodical reform background of pope Francis?
ABSTRACT: The accentuated tendency of the part of the Vatican (MP Mitis judex) to express a preference for the pastoral attributions of the diocesan bishop in terms of judgment of nullity of canonical marriage, in competition with those of the interdiocesan ecclesiastical tribunals created for the implementation of the concordat regime in Italy (MP Qua cura), could propose in this matter, after the Gospodinoff case (Constitutional Court, dec. N. 1/77) and the Pellegrini case (European Court of Human Rights, sentence 20 July 2001), the risk of a further vulnus to the principles of due process, on the other hand recently renforced in the Italian constitutional order. In dwelling on this inconvenience, the Author observes that the Catholic Church expresses with this, once again, its serious cultural and political delay in relation to the modern systems with which interacts ; and wonders why the Holy See has not decided by now to abandon the institutes and doctrines of ecclesiastical public law with which, starting from the 16th-17th centuries, with intransigence worthy of the better cause is has too often continued to feed the claim to keep on regulate relations with the political authorities on the models , now obsolete and perishable, of the Christian regime. The Author takes the opportunity to indicate how, conversely, the model of the interdiocesan tribunals, even if imperfect, can and should be generalized, in order to begin to solve the set of problems that the lack of modernization of the canonical system proposes, on the subject of the judicial system, in comparison with the level of refinement reached by legislative policy and the science of law (at the state and interstate level), in terms of protection of human rights, in the field of administrative and criminal procedural law.