To see the other types of publications on this topic, follow the link: Administration of (Canon law).
Journal articles on the topic 'Administration of (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 'Administration of (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
Świto, Lucjan. "Economic Activity in the Church – the Penal Dimension. Comments on the Amendment to Canon 1376 CIC." Biuletyn Stowarzyszenia Kanonistów Polskich 33, no. 36 bis (November 21, 2023): 263–78. http://dx.doi.org/10.32077/bskp.7974.
Full textAbstract:
The 1983 Code of Canon Law does not contain any norms regulating the economic activity of ecclesiastical juridic persons. This does not mean, however, that canon law has no regard for that. The ecclesiastical legislator’s concern for the supervision of economic activity is expressed in the regulation of rather complex ways of managing church property, including the special act of its alienation, and determination of penal sanctions for violating the relevant rules. The penal norm of Canon 1377 that was previously in force, penalizing the alienation of church property without the requisite permission, has now been significantly extended. Pope Francis, reforming Book VI of the Code of Canon Law, expanded the scope and principles of penal liability for economic abuses by redacting Canon 1376 anew. The norm of this provision penalises the offence of misappropriating or preventing the gaining of benefits from church goods (which was previously absent from the Code) and the offence of performing unlawful acts in the administration of church goods (which has been significantly extended). Reflecting on the penal aspect of administration of church property, the article attempts to answer the following questions: What are these offences? What was the legislator’s intention? What is the essence of the penal law reform in the area at hand?
2
Alexandrowicz, Piotr. "Nowe szaty króla – uwagi nad książką Krzysztofa Burczaka." Krakowskie Studia z Historii Państwa i Prawa 16, no. 4 (2023): 533–58. http://dx.doi.org/10.4467/20844131ks.23.043.19037.
Full textAbstract:
The Emperor’s New Clothes – Remarks on Krzysztof Burczak’s Book The review essay of the book on quinque compilationes antiquae by Krzysztof Burczak offers a critique of the scope and method applied to the research on the sources of medieval canon law within this monograph. The two objectives or hypotheses of the book are too broad and were not properly justified. The research was based on limited and outdated methods. The approach to the sources of quinque compilationes did not take into account the complicated history of the transmission of canon law texts. The author overlooked the relevance of the science of canon law (e.g., glosses) and application of compilations in courts which were crucial for defending his claims. Unfortunately, the book proves that the state and quality of the history of universal canon law in Poland resembles the emperor’s new clothes.
3
Kiczka, Karol. "O poglądach naukowych Profesora Jana Bocia." Opolskie Studia Administracyjno-Prawne 16, no. 1 (2) (May 31, 2019): 159–69. http://dx.doi.org/10.25167/osap.1136.
Full textAbstract:
Professor Jan Boć conducted important and extensive research. Some arrangements contained in his achievements have entered the canon of administrative law and science of administration. The Professor is a continuator and builder of the Wroclaw School of Administrative Law.
4
Szuromi, Szabolcs Anzelm. "Canon Law Manuscripts in the Medieval Abbey of St. Germain des Prés." Archiv für katholisches Kirchenrecht 185, no. 2 (April 23, 2019): 390–404. http://dx.doi.org/10.30965/2589045x-1850202.
Full textAbstract:
Summary This work is an overview on those medieval canon law manuscripts which still testify the literary culture of the Benedictine Abbey of St. Germain des Prés. For the reconstruction of its original collection, have been used the material of two important libraries, i.e. Paris, Bibliothèque Nationale and the National Library of St. Petersburg. This description can give an outline on the original medieval library, focusing on its canon law material. The analyzed manuscripts testify not only the ownership by this very abbey, but a flourishing canon law activity in several fields of the ecclesiastical institutionalized life wherein they were used on the day-to-day basis. The several hands and many supplements or inscriptions show well the application of canonical norms for instruction, for cases at the ecclesiastical tribunal, for the interpretation of administration sacraments and sacramentals, particularly regarding the matrimonial and penitential service of the faithful.
5
Coleman, Janet. "The Two Jurisdictions: Theological and Legal Justifications of Church Property in the Thirteenth Century." Studies in Church History 24 (1987): 75–110. http://dx.doi.org/10.1017/s0424208400008251.
Full textAbstract:
With the revival of Roman and the development of canon law in the twelfth century a doctrine of supreme and universal jurisdiction began to be expounded with increasing vigour by the papacy. By the thirteenth century those learned in Roman and canon law began to distinguish in more subtle ways between jurisdiction on the one hand and holy orders on the other; between the capacity to make law and to discover law; between legislating and adjudicating; and, most importantly, between ruling and owning. Jurisdiction had become one of a cluster of terms used to define aspects of rulership, authority, prelacy, and imperium. It combined the idea of rightful administration with the legitimate and authoritative use of coercive force.
6
Dusil, Stephan. "Pfarrliche Vermögensorganisation zwischen Kirche und Staat: Kirchenpflegen (Kirchenfabriken) in Württemberg im 19. und beginnenden 20. Jahrhundert." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 108, no. 1 (July 1, 2022): 243–83. http://dx.doi.org/10.1515/zrgk-2022-0006.
Full textAbstract:
Abstract The Administration of Ecclesiastical Goods between State and Church: Fabricae Ecclesiae in Wuerttemberg in the 19th and 20th centuries. Since the Middle Ages, fabricae ecclesiae served to finance the erection and the maintenance of churches. The Church claimed to freely administer these goods, even if lay men often served as administrators. In the 19th century, the Kingdom of Wuerttemberg took over control of these goods and ordered the state municipality, assisted by local clerics, to govern them. In 1887, the king of Wuerttemberg started a process to separate ecclesiastical from secular goods. After WWI, the fabricae ecclesiae in Wuerttemberg were administered entirely by the Catholic Church. This contribution analyses this evolution from three perspectives, namely universal canon law, state law in Wuerttemberg, and particular canon law. It thereby highlights the tension between self-administration and state control of ecclesiastical goods, especially in the 19th century, and points to the fact that even the Catholic Church was part of the secular ruler’s authority over the church.
7
ŚWITO, LUCJAN. "Akty zarządzania dobrami doczesnymi." Prawo Kanoniczne 58, no. 3 (January 18, 2017): 105. http://dx.doi.org/10.21697/pk.2015.58.3.05.
Full textAbstract:
The Code of Canon Law (Corpus Iuris Canonici, CIC), in its version enacted by Pope John Paul II, employs diverse terminology when refer- ring to acts of administration of goods. Can. 1277 of CIC refers to “acts of administration which are more important” and “acts of extraordinary administration”, while the provision of 1281 §1 and §2 of CIC points out the dierence between “acts of ordinary administration” and “acts which exceed the limit and manner of ordinary administration”. Although the terminology adopted in the Code of Canon Law clearly marks the dierence, it does not dene these terms and does not provide any list of these acts. Scholars do not provide much opinion in this matter either, leaving the issue for consideration by particular legislation and legal practice. However, the exact denition of dierences between the above-mentioned acts of admi- nistration is of great practical importance for the validity of acts related to the administration of ecclesiastical property. e article presented herein, based on an analysis of Can. 1277 and Can. 1281 §1, and §2 of CIC, indicates the existing dierences in terminology, and underlines the urgent need to develop a list of extraordinary acts of administration of ecclesiastical goods to ensure the stability of this kind of legal action, and draws attention to the criteria by which acts of extraordinary administration should be formulated.
8
Bell, Gary F. "Religious Legal Pluralism Revisited – The Status of the Roman Catholic Church and Her Canon Law in Singapore." Asian Journal of Comparative Law 7 (2012): 1–37. http://dx.doi.org/10.1017/s2194607800000600.
Full textAbstract:
AbstractBy religious legal pluralism we usually mean state-recognised legal pluralism, such as the kind of legal pluralism implemented in Singapore through the Administration of Muslim Law Act. But there is also religious legal pluralism outside State recognition and enforcement. Many religions have very long legal traditions which have survived, often without much support or official recognition by States (Jewish law, for example). In this paper we shall look at one such tradition, the canon law of the Latin Church of the Roman Catholic Church and its implementation by the Church in Singapore, including the establishment of very busy ecclesiastical tribunals in Singapore to administer disputes relating to the possible nullity of religious marriages, for example. The hope is that this example of Canon Law in Singapore will show that there can be very detailed and formal religious laws implemented by formal institutions such as tribunals outside the ambit of the State.
9
Loftus, Sue. "Suitable men to enter the episcopate in Late antique Gaul: Ideal and reality." Journal of the Australian Early Medieval Association 10 (2014): 23–46. http://dx.doi.org/10.35253/jaema.2014.1.2.
Full textAbstract:
Beside the complicated composition of military and political authority in the successor kingdoms in Gaul in the sixth century there was another power that regulated many of the lives of the community, that of ecclesiastical power. Much of the authority and the achievements of a Gallo-Roman bishop were dependent on his suitability for office. The defining characteristics a candidate was expected to have were found in contemporary church canon law. Canons referring to the requirements for episcopal office were frequent and often reworded and repeated at consecutive councils, indicating both the importance and perhaps the disregard for specific qualifications. This paper discusses both the perceived requirements for episcopal office and the men who were considered suitable and were eventually chosen. The discussion focusses on the period prior to the nomination and the election of the candidate to a bishopric. Evidence of the suitability of these men is demonstrated most clearly through a comparative study of canon law and contemporary narrative sources, hagiography, letters, and poetry. In the late fifth and in the sixth centuries the selection of a new type of man to episcopal office was complicated as a consequence of dwindling Roman power in the West and the subsequent establishment of the autonomous successor kingdoms. Career options became more limited. Aristocratic men who would normally have entered public office in the local or provincial Roman administration now chose instead to enter the ecclesiastical hierarchy, seeing it as an alternative career path holding comparable authority. But were they canonically suitable?
10
Raźny, Bartosz. "Ethics in the public services – selected aspects." Kultura Bezpieczeństwa. Nauka – Praktyka - Refleksje 38, no. 38 (December 18, 2020): 89–110. http://dx.doi.org/10.5604/01.3001.0014.5943.
Full textAbstract:
The article discusses various aspects of the theoretical foundations and genesis of the canon of ethics of the Polish public services. A well-functioning public administration is the foundation of the modern state. Working in the public services entails a great deal of responsibility as administration employees must meet certain special requirements. Society expects that the administration, serving its citizenry, act with the common good in mind, which requires that the officials possess a degree of ethical awareness. Officials responsible for decision-making must adhere to applicable laws, in addition to taking into consideration the public interest and the rights of citizens, which frequently leads to conflicts of interest, in particular on the interface of the administration, economy and politics. The purpose of this paper is to present the role of ethics in the functioning of public administration organs in a modern democratic state adhering to the rule of law. Ethical issues are closely related to the legal and institutional aspects of public administration – and should be analysed as such. The article discusses various theoretical and general aspects of the relations between law, morality and ethics, the role of ethics infrastructure in public administration and the institutional and legal instruments used to prevent pathological behaviours.
11
Baker, J. H. "The English Law of Sanctuary." Ecclesiastical Law Journal 2, no. 6 (January 1990): 8–13. http://dx.doi.org/10.1017/s0956618x00000788.
Full textAbstract:
Although the protection of churches and holy places was embodied froman early date in Canon law, the law of sanctuary as it applied in England was necessarily part of the secular common law. The Church never had the physical power to resist the secular authorities in the administration of justice, and although those who violated sanctuary were liable to excommunication the Church could not in cases of conflict prevent the removal from sanctuary of someone to whom the privilege was not allowed by the law of the land. The control of the common law judges was, indeed, tighter than in the case of benefit of clergy. The question whether an accused person was or was not a clerk in Holy Orders was ultimately a question for the ordinary, however much pressure might be put upon him by the judges; but the question of sanctuary or no sanctuary was always a question for the royal courts to decide, upon the application of a person who claimed to have been wrongly arrested in a privileged place. The present summary is confined to the position under English law.
12
Matseliуkh, Ivanna. "THE EMERGENCE AND EVOLUTION OF DISCRETIONARY AUTHORITIES IN THE ADMINISTRATION SYSTEM OF CATHOLIC CHURCH." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 122 (2022): 47–50. http://dx.doi.org/10.17721/1728-2195/2022/3.122-8.
Full textAbstract:
The article analyzes the evolution of discretionary powers in the management system of the Catholic Church in order to clarify and establish the meaning of certain management principles that are now effectively applied in civil service law. It was found out that the practice of using discretionary powers first arose in the environment of the Roman Catholic Church. They were used by papal legates who carried out the representative, diplomatic mission of the Holy See in the Christian countries of the world. Their legal status was determined by the Code of Canon Law of May 27, 1917. The rules and decisions of the Second Vatican Council, which enabled local churches and individual dioceses to use discretionary powers, gave them the opportunity to act within the limits of canon law taking into account local characteristics, laid the foundation for moderate decentralization, which by its force, did not violate the principles of the supremacy of the Holy See. It was established that the progressive development of the network of papal diplomatic missions not only demonstrated the possibility of using discretionary powers in the implementation of management, but also led to the formation of a wide diplomatic representation of the Vatican, which now maintains relations with most countries of the world and is represented in the most authoritative international organizations. At the Holy See in Rome there are more than eight thousand permanent missions from the countries of the world and international organizations, including those from the European Union. In the course of the analysis, a polymethodological approach was used, by applying a set of philosophical, general scientific, special scientific research methods, namely, dialectical, hermeneutic, axiological, historical-philosophical, and systemic-functional research methods. In addition, formal-dogmatic, formal-logical, and formal-legal methods have become widely used. A comprehensive analysis of the formation and development of discretionary powers in the management system of the Catholic Church became possible thanks to the use of the systemic-structural method, furthermore, its research in the historical-legal dimension is due to the retrospective method. Special scientific methods were the quintessence of the research, particularly, comparative- and historical-legal ones.
13
Krafl, Pavel. "Canonical Jurisprudence in the Kingdom of Bohemia in the Middle Ages." Anali Pravnog fakulteta u Beogradu 71, no. 3 (September 27, 2023): 441–74. http://dx.doi.org/10.51204/anali_pfbu_23302a.
Full textAbstract:
During the High and Late Middle Ages, canon law played a crucial role. This study provides an overview of ecclesiastical legal scholarship in the Czech lands, i.e. in Bohemia (in the Archdiocese of Prague) and in Moravia (in the Diocese of Olomouc). The development of a legal jurisprudence went hand in hand with the development of ecclesiastical administration in the second half of the 14th century and in the early 15th century, which evolved into a compact system. An important factor in this was the establishment of Prague University, including the Law Faculty, in 1348, and also, in particular, the establishment of the separate Prague Law University in 1372. Amongst the major canonists who left work behind were Štěpán of Roudnice, Bohuslav of Krnov, Kuneš of Třebovle, Mikuláš Puchník, and Jan of Jesenice, amongst others.
14
Kaczorowski, Włodzimierz. "The 110th birth anniversary of Professor Leszek Winowski (1910–1979), expert in Canon Law, historian of state and law." Opolskie Studia Administracyjno-Prawne 18, no. 2 (October 28, 2020): 119–33. http://dx.doi.org/10.25167/osap.2184.
Full textAbstract:
Prof. Leszek Józef Egidiusz Winowski was born on 23 January 1910 in Skałat, Tarnopol Voivodeship, in the Eastern Lands of the Second Polish Republic. He studied in the Faculty of Law of Jan Kazimierz University in Lvov, where he earned the Master’s degree (1932), Doctor’s degree (1935), and in 1936 began his scientific work in the Chair of Church Law; from 1942 he was working in conspiracy in Lvov and cooperated with theBaltic Institute in Sopot; in Olsztyn he organized a branch of the Baltic Institute, which was operating in the Masurian District. In 1945, Leszek Winowski was employed in the Department of Law and Administration of Wrocław University and in 1974 he was granted the title of Full Professor. At the same time he worked in the Catholic University of Lublin, where he held the post of Dean of the Faculty of Law and Social Sciences in the years 1945-1946 and – following its liquidation – he worked in the Faculty of the Canon Law where he lectured in Roman law and ecclesiastical law. In 1957, L. Winowski resigned from his work in the Catholic University of Lublin. Between 1957 and 1968, he was employed in the Teacher’s Training College in Opole, still working for Wrocław University. As regards the fields of scientific studies developed by Prof. Leszek Winowski, one candistinguish three main directions dealing with the legal situation of dissenters from the earliest Middle Ages, the state and law of Islam, and lastly – history of the Church in Silesia. Prof. Leszek Winowski was awarded the Knight’s Cross of the Order of Polonia Restituta. He was a member of many scientific societies. He died in Wrocław on 16 November 1979.
15
Toxé, Philippe. "La codification en droit canonique." Revue française d'administration publique 82, no. 1 (1997): 239–47. http://dx.doi.org/10.3406/rfap.1997.3097.
Full textAbstract:
Codification in Canon Law. The Latin Catholic church codified its laws twice, in 1917 and 1983. The first code was both a response to the need to establish order amongst what was an abundance of legislation, and a reflection of ideological motives. Yet, despite the undeniable qualities of the work which was undertaken, the codified legal norms soon revealed themselves to be incapable of adapting to changes brought about by modernisation. It was in the light of these various objections that the drafting of a new code began. The aim of the authors of the new code was to make the code more effective while reconciling legal certainty and responsiveness to change.
16
Levy, Ian Christopher. "Was John Wyclif's Theology of the Eucharist Donatistic?" Scottish Journal of Theology 53, no. 2 (May 2000): 137–53. http://dx.doi.org/10.1017/s0036930600050705.
Full textAbstract:
The heresy of Donatism has often been associated with the fourteenth-century theologian John Wyclif. This study focuses on whether or not Wyclif's eucharistic theology had in fact lapsed into this heresy. For if Wyclif was guilty of Donatism it is certainly no small matter. Donatism violates one of the most fundamental tenets of Catholic Christianity, viz. that the validity of the sacraments is not dependent upon the personal sanctity of the human beings who administer them. Medieval canon law dealt at some length with the issue of sacramental administration, upholding the Augustinian position that the determining factor in the proper administration of the sacraments is not the merit of the celebrant, but rather the power of God operating through him. Indeed, such a principle would have to be maintained if the foundation of the Church's sacramental system, and the ecclesiastical structure as a whole, was to be preserved from the prospect of disintegration.
17
Tomić, Marko. "Canon law issues of the Serbian Orthodox Church in Bosnia and Herzegovina under the administration of the Austro-Hungarian Empire." Zbornik radova Pravnog fakulteta Nis 58, no. 84 (2019): 331–47. http://dx.doi.org/10.5937/zrpfn0-23104.
Full text
18
Kantor, Robert. "The Establishment and Administration of Religious Communities in the Austrian Partition after 1855. Analysis of Certain Canonical and Civil Laws." Teka Komisji Prawniczej PAN Oddział w Lublinie 15, no. 2 (December 31, 2022): 183–96. http://dx.doi.org/10.32084/tkp.4498.
Full textAbstract:
The Concordat of 1855 was preceded by several events that indicated that the situation of religious orders in the Austrian Partition had begun to change gradually. The aforementioned Concordat already stated in its first article that the Church was governed by divine and ecclesiastical (canonical) law and Article XXVIII of the Concordat guaranteed religious orders and congregations full freedom, their own administration in accordance with the monastic constitutions, communal life in accordance with the rule, dependence on the Roman generals and the possibility of establishing new monasteries in dioceses, but with the consent of the bishop after agreement with the civil authorities. This paper will present canonical and civil provisions relating to the formation and administration of religious communities from 1855 onwards. In particular, issues concerning the conditions for admission to a religious order, the effects of the vows taken as well as the rights and duties of religious superiors, the decision to leave a religious order and the provisions concerning the suppression of religious orders will be addressed. Canon law is essentially the provisions of the Council of Trent and the decrees of certain Roman dicasteries, while civil law will be based during the period under discussion on the Concordat, the Austrian Civil Code of 1811 and the Pennal Code of 1852, as amended in 1867.
19
Ogutu, John Okello. "Efficacy of Dispensations Granted Without a Just Cause and under the Influence of Error, Deceit and Force." Roczniki Nauk Prawnych 33, no. 4 (April 3, 2024): 99–130. http://dx.doi.org/10.18290/rnp23334.6.
Full textAbstract:
Dispensation is one of the fundamental institutions which are typical of ecclesiastical law. It has been ordered and disciplined with much precision by the canonical doctrine, grown within the canonical system, and is ever modified and perfected by canonical legislations. Canon 85 of the 1983 Code defines this institution as a singular administrative act, granted by those enjoying executive power, whose main objective is to mitigate the vigor of a merely ecclesiastical law in a particular case for the spiritual benefit of the faithful. It is not an instrument of administering justice but an instrument of prudent administration. At times, there can be abuse of this canonical institution by the competent authorities themselves, or by the subjects requesting dispensation. This article, in order to help the people of God and the competent ecclesiastical authorities to appreciate the value of the canonical institution of dispensation within the canonical system, sets out to defend the need of a just cause, and to caution the Christian faithful from seeking dispensations on the basis of deceit, force or under the influence of grave fear.
20
Lewin, Alison Williams. "“Cum Status Ecclesie Noster Sit”: Florence and the Council of Pisa (1409)." Church History 62, no. 2 (June 1993): 178–89. http://dx.doi.org/10.2307/3168142.
Full textAbstract:
Of all the divisions and crises that the Catholic church endured in its first fifteen hundred years of existence, none was so destructive as the Great Schism (1378–1417). For forty years learned theologians and doctors of canon law argued over whether the pontiff residing in Rome or in Avignon was the true pope. The effects of the schism upon the highly organized administration of the church were disastrous, as were its effects upon society in general. Countless clerics fought over claims to benefices with appointees from the other obedience; the revenues of the church, quite impressive in the mid-fourteenth century, shrank precipitously; and opportunistic rulers especially in Italy did not hesitate to wage private wars under the banner of one or the other papacy, or to prey upon the actual holdings of the church.
21
Agüero San Juan, Claudio Antonio, Valentina Silva Berríos, and Juan Pablo Zambrano Tiznado. "Una reconstrucción analítica de la dogmática latinoamericana sobre el principio de interpretación conforme a la Constitución." EUNOMÍA. Revista en Cultura de la Legalidad, no. 26 (March 14, 2024): 11–35. http://dx.doi.org/10.20318/eunomia.2024.8500.
Full textAbstract:
La presente investigación presenta un análisis del principio de interpretación conforme a la Constitución (ICC) desde la teoría del derecho, especialmente, desde la escuela genovesa. La hipótesis que guía la investigación afirma que la ICC no es un único canon, directiva u operación interpretativa, sino que es un procedimiento o una secuencia de actividades. Contrastamos esta conjetura con el discurso de dogmáticos latinoamericanos para hacer visible cómo es comprendida la ICC en distintos contextos que comparten una tradición jurídica común (civil law) en el marco del paradigma constitucional transformador que caracteriza a la experiencia latinoamericana. Nuestra reconstrucción muestra que la ‹‹interpretación conforme›› incluye varias operaciones de interpretación de la ley y que en ellas los compromisos del intérprete juegan un rol más importante que lo que los juristas latinoamericanos parece admitir.
22
Doerfler, Maria E. "The Holy Man in the Courts of Rome." Studies in Late Antiquity 3, no. 2 (2019): 192–211. http://dx.doi.org/10.1525/sla.2019.3.2.192.
Full textAbstract:
Scholars of Late Antiquity have long recognized that bishops played an influential role in the formation and execution of Roman law. Such was the case even in the Syrian realm, traditionally considered the exotic hinterland of the Roman Empire. Fifth- and sixth-century sources, such as the Syro-Roman Lawbook, early exemplars of canon legislation, and homilies and hagiographic narratives, point to a considerable preoccupation with matters of law and justice for Syrian clergy. This article examines a particularly well-attested slice of this data surrounding Rabbula, the fifth-century bishop of Edessa. Rabbula's background in imperial administration and his post-conversion pursuit of asceticism make him in many ways the prototypical late ancient bishop, combining monastic charisma with civic acumen. A collection of rules for clergy and ascetics attributed to him focuses closely upon priests' and bishops' function in the Roman legal system, their collaboration with Roman magistrates, and the ways in which clerical judicial processes reflected and sought to distinguish themselves from their magisterial analogues. Drawing upon the evidence of the Rules and roughly contemporaneous texts addressing legal practice in Edessa suggests that, Syria's reputation as sui generis notwithstanding, in their judicial capacity Syrian clergy bore striking resemblances to their Western counterparts.
23
Siegrist, Nora. "Dispensas y libros secretos de matrimonios en la segunda mitad del siglo XVIII y la primera del XIX en actuales territorios argentinos." HiSTOReLo. Revista de Historia Regional y Local 6, no. 12 (July 1, 2014): 14–57. http://dx.doi.org/10.15446/historelo.v6n12.42244.
Full textAbstract:
En el presente trabajo se analizan fuentes en archivos y obras de la bibliografía europea e Hispanoamericana vinculados al Derecho Canónico en la segunda mitad del siglo XVIII y la primera del XIX. Los Libros Secretos de Matrimonios, escasamente conocidos, revelan la existencia de una realidad justamente secreta, de allí que pocos tuvieron acceso a un material guardado a través del tiempo por la Iglesia Católica. Motivaciones disímiles como consanguinidad directa, primer grado de afinidad en línea recta, disparidad de linaje, de religión, falta de permisos por parte de las autoridades a funcionarios de la administración en Indias y a oficiales militares para que pudieran casar, como el hecho de que algunos Cargadores de Cádiz quisieron ser considerados como solteros ante la sociedad, fueron motivo de que ciertas nupcias se guardaran de incógnito en las Cámaras Episcopales, en libros bajo llave. Se da cuenta de ejemplos ubicados en Buenos Aires, Córdoba y Mendoza, con extensión a antecedentes existentes en otras regiones geográficas. Waivers and Books Secrets of Marriages in the Second Half Century XVIII and the First of XIX Existing Territories in ArgentineAbstractIn this paper we analyze sources in archives and works of European and Latin American literature related to Canon Law in the second half of the eighteenth century and early nineteenth centuries. The Secrets of Marriage poorly known Books reveal the existence of a secret just really there that few had access to a saved over time by the Catholic Church material. Dissimilar motivations direct consanguinity, first degree of affinity in a straight line, disparity lineage, religion, lack of permits from the authorities to administration officials in Indias military and officers so they could marry, and the fact that some Cadiz Chargers wanted to be considered as single society, were the occasion of certain marriage will be kept undercover in the Episcopal Cameras, locked book. He realizes examples located in Buenos Aires, Cordoba and Mendoza, with extension to existing records in other geographical regions. Keywords: secrets marriage, Canon Law, Buenos Aires, Córdoba, Mendoza.
24
Słowikowska, Anna. "Funkcje specjalnie powierzone proboszczowi." Biuletyn Stowarzyszenia Kanonistów Polskich 25, no. 28 (August 28, 2023): 79–95. http://dx.doi.org/10.32077/bskp.5921.
Full textAbstract:
The functions especially entrusted to a pastor, legislator enumerated in the can. 530 1983 Code of Canon Law. These are: the administration of baptism; the administration of the sacrament of confirmation to those who are in danger of death; the administration of Viaticum and of the anointing of the sick, and the imparting of the apostolic blessing; the assistance at marriages and the nuptial blessing; the performance of funeral rites; the blessing of the baptismal font at Easter time, the leading of processions outside the church, and solemn blessings outside the church; the more solemn Eucharistic celebration on Sundays and holy days of obligation. Analysis of the meaning “the functions especially entrusted to a pastor” made it possible to state, that these are the competences of the pastor as regards to the office of sanctifying in the Church, because the essence of competence is an authorization granted to a pastor to perform a conventional actions which are legally defined The Congregation for the Clergy explained, that these functions are not given exclusively to the parish priest, but are entrusted to him in a special way in virtue of his particular responsibility as parish priest, therefore they should consequently be discharged personally, in so far as possible, or at least overseen. The catalogue of enumerated activities is incomplete, because the Code included both the competences which they detail as well as those which concern the pastor, but were not included in the analyzed legal provision. As a result can. 530 is half-baked and its revision should be postulated.
25
Maraschi, Andrea. "Wine, bread, and water, between doctrine and alternative. Norms and practical issues concerning the Eucharist and baptism in thirteenth-century Europe." Revista de História da Sociedade e da Cultura 19 (December 6, 2019): 323–44. http://dx.doi.org/10.14195/1645-2259_19_14.
Full textAbstract:
Guillaume Durand’s Rationale divinorum officiorum was a liturgical encyclopedia which soon became the most important work of its kind, and thus represents an invaluable resource for the study of various aspects of liturgy and ritual in late thirteenth-century Europe. This contribution focuses on norms featured in the Rationale regarding two Christian sacraments - the Eucharist and baptism - for the they were held to originate from the same source (the wound on Christ’s side caused by the spear thrown by a Roman soldier). Both of these sacraments required elements for the administration (wine, water, bread) which had to meet specific characteristics, and this generated several issues, mainly concerning their availability and other practical issues. This study analyzes such characteristics and occasional proposals to replace the aforementioned elements by contextualizing Guillaume’s work within a wider intellectual and normative context, including Thomas Aquinas and earlier canon law. The intention is to show: 1) how fundamental a role normativity played in drawing the line between liturgy, heresy, and desecration; and 2) that normativity had to take practicality into account.
26
Puebla, Ana de la. "La perspectiva de género en la disciplina laboral y de protección social. Fundamentos y límites." EUNOMÍA. Revista en Cultura de la Legalidad, no. 25 (September 22, 2023): 362–74. http://dx.doi.org/10.20318/eunomia.2023.8007.
Full textAbstract:
La perspectiva de género, tal y como está concebida en los instrumentos internacionales y en las normas nacionales, tiene una proyección general e interdisciplinar. Sin duda, la necesidad de esta perspectiva como criterio de resolución judicial es particularmente significativa en el ámbito social, por razones vinculadas con la propia configuración de las normas sociales y el contexto sociológico y temporal en que estas se elaboran. Al respecto, los tribunales del orden social de la jurisdicción vienen aplicando el criterio hermenéutico de la perspectiva de género en numerosas resoluciones judiciales, especialmente las relacionadas con la protección social, para corregir interpretaciones de las normas que ahonden en la discriminación por razón de género. Recientes pronunciamientos, sin embargo, traen a un primer plano la posibilidad de fijar límites a la aplicación del canon de la perspectiva de género, advirtiendo sobre la necesaria distinción entre la función creadora e interpretativa que corresponde a los órganos judiciales.
27
Hyams, Paul R. "The Use of Canon Law in Ecclesiastical Administration, 1000–1234. Edited by Melodie H. Eichbauer and Danica Summerlin [Leiden: Brill, 2019. xiii + 273 pp. Hardback €121.00. ISBN: 978-90-04-36433-2.]." Cambridge Law Journal 79, no. 2 (July 2020): 365–68. http://dx.doi.org/10.1017/s0008197320000306.
Full text
28
Задорнов, Александр. "Jurisdiction of the Original Church Organization in Kiev: Historical Hypotheses and Canonical Opportunity." Праксис, no. 2(2) (September 15, 2019): 15–30. http://dx.doi.org/10.31802/2658-6517-2020-2-2-15-30.
Full textAbstract:
В первой трети XX века русскими историками неоднократно выдвигались гипотезы о неподчинении первоначальной киевской церковной организации Константинопольскому патриархату (М. Приселков, А. Карташев, Г. Вернадский). Впоследствии эти гипотезы были маргинализированы ввиду отсутствия достоверных исторических сведений о таком епархиальном устройстве, однако в последние десятилетия появились новые литургико-канонические основания для возвращения к этой научной гипотезе на новом уровне. В настоящей статье рассматриваются такие основания и их важность для изучения первоначальной древнерусской церковной организации. In the first third of the 20th century historians repeatedly made hypotheses of non-obedience of the ancient Kiev's Church organization to the Constantinople patriarchy (M. Priselkov, A. Kartashev, G. Vernadsky). At the last decades the new canonical and liturgical bases for return to this scientific hypothesis at the new level have appeared. In the article such bases and their value for this historical hypothesis are considered. Overview of the features of the canonical status of Church structures in the Kievan Rus' the turn of the two millennia allows in the future to clarify the thesis in Canon law on the ratio of territorial, national and public administration principles in the formation of the Church in its history.
29
Harahap, Niesya Ridhania, and Irmawati Irmawati. "Instilling Religious Knowledge and Practice as A Way to Prevent Deprivation among Parmalim People as An Indigenous Religious Minority Group in Indonesia." Digital Press Social Sciences and Humanities 5 (2020): 00008. http://dx.doi.org/10.29037/digitalpress.45343.
Full textAbstract:
Parmalim is an indigenous religion from the ancient Toba Batak and has been categorized by the government as one of the “local” religions in Indonesia. They have been struggling to keep their community accepted among society. Furthermore, they often made comparisons between their group situation with other “formal” religious groups in terms of the institutional treatment regarding their civil data administration, the religious studies in the school, the building progress of the worship house, and their job opportunities. This study aims to present the descriptive result of the impact of instilling religious knowledge and practice as a way to prevent group relative deprivation among Parmalim people in Medan using a descriptive qualitative method. The Relative Deprivation theory was arranged from (Smith et al., 2014) theory using three components of RD, such as cognitive comparison, cognitive appraisal, and justice-related effect. The religious knowledge and practice are divided into Parmalim core values and customs such as Tona (Religious teaching), Poda (Commandement), Patik (Canon), and Uhum (Law). The result of this study had shown that Parmalim people in Medan possessed low group relative deprivation as an impact of the religious knowledge and practice that have been instilled among them.
30
Bruff, Ian, and Kathryn Starnes. "Framing the neoliberal canon: resisting the market myth via literary enquiry." Globalizations 16, no. 3 (August 9, 2018): 245–59. http://dx.doi.org/10.1080/14747731.2018.1502489.
Full text
31
Smith, David M. "The Exercise of the Probate Jurisdiction of the Medieval Archbishops of York." Studies in Church History. Subsidia 12 (1999): 123–44. http://dx.doi.org/10.1017/s0143045900002489.
Full textAbstract:
The development of testamentary jurisdiction by the English Church authorities has already received considerable attention, and it is generally held that by the close of the thirteenth century the basic probate procedures had been well established, even if some administrative practices continued to be refined. This paper aims to look at the practical evidence of the York archiepiscopal records from the thirteenth century to the Reformation from an archival and administrative viewpoint - the concern is not so much with the canon law touching wills and testaments, or with the testamentary disputes and litigation in the archiepiscopal court, the Curia Eboracensis, or indeed with the contents of the wills proved before the ecclesiastical authorities, but with the routine practicalities of the exercise of probate and intestacy administrations.
32
Zinchenko, O. "Chinese and Japanese criminal codes of the 7th century: similarities and differences." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 374–80. http://dx.doi.org/10.24144/2307-3322.2022.70.60.
Full textAbstract:
A comparative analysis of the criminal codes of ancient China and Japan is carried out. The researcher shows that the history of traditional Chinese law spans four millennia and is divided into two main stages ‒ antiquity and the Middle Ages, which are separated in the 10th century. The system of criminal responsibility, together with the purchase of gold, took shape in China back in the XX1-XV1 centuries BC. In the VIII-III centuries BC the central problem of legal thought turned out to be the administration of the state. An important role in the development of law was played by Confucius and Lao Tzu, who did not reject the use of criminal punishments in government. The criminal law of Ancient China received its own name and structure under different dynasties. After the «Canon of Laws», which consisted of 6 sections, followed the «Criminal Code of Laws from 9 chapters», later ‒ from 18 chapters, then from 12 sections. The last was the name «The name of criminal punishments and the rules of their application», which turned out to be inherited by the Tang dynasty. The author concludes that there are inherent similarities and differences. The first include the formation of the criminal law of both countries on the principles of Confucian-legalist ideas, the basis of which was the management of the state and society, the multistage process of this process, the pursuit by its creators using criminal law of one goal: ensuring the unity of the state, the strength and authority of the central government and stability in society ... The unit of redemption is the same: 596 and 600 grams of copper, the number of types of punishments: 5 versus 5, the amount of redemption from them: 1-5 jing versus 1-5 kin. The differences lie in the independent emergence of Chinese law, and Japanese law under the decisive influence of Chinese law. The formation time of Chinese law exceeded a millennium, while Japanese law took only one century. The structure of the Japanese code provided for the 8 most serious crimes against the 10 in the Chinese document. It does not contain the comments that are actually given in the Shotoku Constitution, Taika Manifesto and Taiho Re. Taiho ritsu did not mention the two most serious crimes at all: «disagreement between relatives» and «incest». 6 out of 8 of these crimes were called differently and only 2 of the latter coincided with the Chinese; «Great disrespect» (item 6) and «breach of duty» (item 8). In general, despite the differences noted, the formulation of the content of the most serious crimes by both codes was identical.
33
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.
34
Burdin, Volodymyr, and Ihor Boyko. "ORIGINS OF IVAN FRANKO NATIONAL UNIVERSITY OF LVIV: SOME DISCUSSION ISSUES (TO THE 360TH ANNIVERSARY OF THE ESTABLISHMENT)." Visnyk of the Lviv University. Series Law 72, no. 72 (June 20, 2021): 14–26. http://dx.doi.org/10.30970/vla.2021.72.014.
Full textAbstract:
The article analyzes and highlights the origins and preconditions of the Lviv University, emphasizes the longevity of educational and scientific academic traditions at the university, shows what were the obstacles for the Ukrainian people of the Middle Ages in the conditions of statelessness to create a national higher education institution, particularly in Lviv. The preconditions and the time of the Faculty of Law foundation are studied, as well as its place and role at the Lviv University are determined. Much attention is focused on the characteristics of two traditions on determining the date of foundation of the Lviv University: the Eastern European tradition, which is based on the royal privilege of 1661; it has a formal character, based on documentary sources; as well as the Western European tradition, which is based on the establishment of the first school of the Western European standard in Lviv, also based on the source documents and international experience. It is substantiated that the formation and development of the first educational institutions in the Western Ukrainian lands, particularly in Lviv, date back to the times of the Galicia-Volyn state, which was the heir and successor of the Kyiv-Rus’ state. One of the first links in the emergence of the elements of university education in Lviv can be considered a parish school founded on November 11, 1372, and later a monastic school, which in 1451 became a cathedral school. The next link in the formation of university education in Lviv in accordance with the Western European tradition was the Lviv Stauropean Fraternal School (1586). Thereafter follow the Lviv Jesuit College (1608), the Academy (1661) as well as the University (1784). Due to the lack of historical sources, we do not have proper historical data about the parish (monastery) school in Lviv in 1372, in particular about its teachers and disciplines read by certain professors, famous graduates, as well as about their own statutes etc. However, we do possess the necessary historical data based on primary sources about the Lviv Fraternal School of 1586, from which, it seems, we can trace the origins of the Ivan Franko National University of Lviv. It is emphasized that since 1661, the Faculty of Law of «both laws» was envisaged among the four faculties («facultatis») of the Lviv University. In the first period of the Lviv University's existence, the faculties mentioned in the royal privilege began to operate in its structure, including the faculty of «both laws», which trained specialists in canon and Roman law. At that time, the faculties in their modern sense as organizational and educational-scientific units of the university, providing for the creation of departments, did not exist, as the training was conducted according to the program of Jesuit schools, developed in the late XVI century. It is also noted that in the first period of the Lviv University (1661–1773) the following legal studies (courses) were taught at the «both laws» Faculty of Law: basics of Roman law, public law, history of state system, political geography, «natural law», civil law (based on comments to the Justinian Code), the administrative system of European countries. In the process of teaching canon law and the so-called «incidents» - moral theology, certain aspects of criminal law were studied. From 1739, they began to teach the history of law. Teaching was in Latin. Within the framework of educational reforms from the beginning of the XVIII century, at the University of Lviv, a separate professor of canon law was appointed, and later – a professor of Roman law. The teaching system changed under the influence of new socio-economic and political conditions in the Commonwealth and Western Europe. After the annexation of Galicia to the Austrian Empire, a system of state bodies was formed, which required a significant number of qualified civil servants. There were few people willing to go to Lviv or other cities in Galicia and Bukovyna from Vienna or Prague. Based on the urgent need for training for the newly created province of Galicia and Lodomeria personnel of various specialties (government officials, judges, medical teachers, priests, etc.), the Austrian Emperor Joseph II on October 21, 1784 issued a diploma, which formally established and actually restored Lviv University consisting of four faculties (philosophical, law, medical and theological), as well as an academic gymnasium with the same rights for all universities of the state. The created gymnasium served as a base for staffing university students. The training of lawyers, who made up the vast majority of civil servants, as well as judges, prosecutors, lawyers, and notaries in Galicia, was entrusted to the Faculty of Law of the Lviv University. Since then, the Faculty of Law at the Lviv University had been functioning as an organizational and educational-scientific structural unit of the Lviv University, where a certain cycle of related scientific disciplines was taught and the specialists in law were trained, as well as the creation of departments and administration was provided for etc. Unlike other faculties of the Lviv University, the Faculty of Law did not cease its activities, due to the liquidation of the Faculty of Philosophy in 1924 and the Faculty of Theology in 1939, the Faculty of Law is also the oldest faculty of the Ivan Franko University of Lviv.
35
Pečarič, Mirko. "Canons of Interpretation as Substitutes of Causation in the Public Administration’s Rulemaking." Lex localis - Journal of Local Self-Government 13, no. 3 (July 31, 2015): 453–83. http://dx.doi.org/10.4335/13.3.453-483(2015).
Full textAbstract:
In science the usual research and thinking are based on the cause-effect relations while in the law this approach is mainly used in adjudication and not in rule making. Within the latter causality cannot reach a scientific level, so there are substitutes of causation at work that are a base also for the canons of interpretation. Draft rules are in the majority of cases prepared by the public administration, but surprisingly there is a little emphasis of the public administration’s role at interpretation of the (draft and enacted) rules. The paper deals with reasons for the absence of causation in rule making, states the non-scientific substitutes of causation in rule making and points at the modus operandi of rule making in the absence of causality for which administrative deference is of crucial importance. The paper gives reasons for the absence of canons of interpretation in Europe and gives the most important canons of interpretation for the rulemaking in the public administration. This work can be more complex than judicial, because the element of institution’s impact is more present in the first.
36
Ngicuru, Patrick N., Mrs Monicah Muiru, and Irene Riungu. "EFFECT OF SELECTED FACTORS AFFECTING REVENUE COLLECTION IN NAIROBI CITY COUNTY GOVERNMENT." American Journal of Finance 1, no. 1 (December 15, 2016): 1. http://dx.doi.org/10.47672/ajf.80.
Full textAbstract:
Purpose: The purpose of this study was to establish the factors affecting revenue collection in Nairobi City County Government.Methodology: The study adopted a descriptive research design. The study population comprised of a total of 340 members of staff working as chief officers, technical staff and members of Nairobi City County assembly. The sample size was determined using the Fischer’s formula. The sample size for the study was 180 which was distributed proportionately among the strata. The study used a survey questionnaire as a research instrument. Data collected was analyzed with the help of SPSS by both descriptive and inferential statistics. The results were presented in form of tables and graphs. The study adopted a multivariate regression.Results: The study found that revenue diversification affect revenue collected through number of sources of revenue and new policies to a great extent. Tax administration affects revenue in Nairobi City County through competent staff, availability of computers, and availability of postal communication system and tax education. Tax structure affects revenue collection through flexibility, equitability, neutrality and simplicity while different forms of revenue (property, business license) affect amount of revenue collected. Revenue diversification had a positive and significant relationship with amount of revenue collected whereas different forms of revenue collected had positive and significant effect on amount of revenue collected in Nairobi City County.Unique contribution to theory, practice and policy: The study recommends on the use of latest technology and competent staff in tax administration, also there should be more innovations to have diversified sources of revenues in Nairobi City County in order to collect more revenue. The financial managers and policy makers in Nairobi City County assembly should come up with new sources of revenues and taxes that obey the canon law of taxation that is economical, simple, flexible and easy to administer.
37
Havrylenko, O. A. "The Charter of Budva – a source of the urban law of medieval Europe." Analytical and Comparative Jurisprudence, no. 3 (September 28, 2022): 9–15. http://dx.doi.org/10.24144/2788-6018.2022.03.1.
Full textAbstract:
The article is devoted to highlighting the sources of codification and analysis of the content of the Charter of Budva – a town located on the shores of the Adriatic Sea. It is emphasized that this Statute was created under the noticeable influence of Venetian law. That is why its content is quite similar to the charters of other Montenegrin towns that were part of the Stato da Mar – one of the possessions of the Venetian Republic, primarily located near the town of Kotor. Certain similarities of the Budva Charter can also be found by comparing it with the charters of cities subordinate to the medieval Genoese Republic, in particular those located on the territory of modern Ukraine.
It is shown that the text of the Charter, as it has reached our time, was written during the reign of the Serbian king Stefan Uroš IV Dušan in the 14th century. Just like other charters of medieval cities on the southern coast of the Adriatic, the oldest version of the Charter of Budva was written in medieval Latin. This original has not survived to our time, but it was used during the translation into Italian in the 15th century, after Budva came under the rule of Venice (since 1442). Several transcripts have been made from this Italian translation. Six of them have survived to our time.
It was noted that the Statute of Budva was a complex codification act, which was the result of long-term work and was a collection of norms of state, administrative, civil, criminal and procedural law. Its appearance was preceded by long work on the systematization and generalization of the norms of customary law, the norms of statutes issued by city authorities and state authorities, which included urban lands in one or another period, in particular, the norms of Venetian law, the norms of canon law, and taking into account judicial practice. It is noticeable that during the codification of the Charter of Budva, legal customs were widely used, as well as previous legal norms originating from the bodies of city administration (self-government). Source-based criticism of the Statute provides an opportunity to conclude that over time the law of Budva becomes noticeably more complicated and acquires more and more distinct specific features inherent in the local legal system.
38
Azamatova, Gulnaz B. "Между российской правовой системой и нормами шариата: судьба закона 13 мая 1830 г. «О неотступлении от общих правил при погребении мусульман»." Oriental studies 15, no. 1 (April 15, 2022): 28–36. http://dx.doi.org/10.22162/2619-0990-2022-59-1-28-36.
Full textAbstract:
Introduction. The article deals with an aspect of religious policy of the Russian Empire in the second quarter of the nineteenth century that concerned the legal regulation of the terms of burial of the deceased, which affected the rules of burial for Muslims. It aims to analyze the case of state and police law interfering with the religious canons of Russian Muslims. Materials and methods. The office records of the Orenburg Muftiate help clarify the historiographical thesis on the controversy of the 1830 law and shed light on its social consequences. The research is based on the methodological approaches of the new imperial history and the socio-cultural analysis of Russian society as a “big society”. The research methods include comparative historical, source study, textual and psycho historical. Results. While preparing and implementing the law of 13 May 1830, “О neotstuplenii ot obshchikh pravil pri pogrebenii musulman” (On non-departure from the general rules for the burial of Muslims), the authorities used the Orenburg Muftiate, entrusted with the announcement of the law and administrative control over the parish clergy. The military administration took an active part in coordinating actions to comply with the new funeral order. The reactive policy of the authorities towards the mullahs and the population of the Bashkir cantons created tension around the religious issues. A petition to Nicholas I, attempting at a dialogue between Bashkirs and the authorities, had the opposite effect and led to increased polarization of the society and the government. Results. The legislative innovation on the unification of the terms of burial, including the territories with a Muslim population, was controversial from its very beginning. The officials in the center had a clearer understanding of the regional tasks of the administration when ready to admit that the Muslims may be excluded from the law. The Orenburg Mufti was somewhat unclear about the political plans to unify burial traditions and saw his principal goal in a diplomatic settlement of emerging bureaucratic issues. According to the present author, there is a connection between attempts to change the burial canons of Muslims and the religious agenda of the 1835 rebellion in the Urals. The state rulemaking attempt turned out to be ineffective in the realm of religious canons.
39
Tinjić, Adnan, and Hatidža Fetahagić. "Accessing Archives - From Expectations to Reality: Analysis of Access and Use of Archival Records in the Archives of the Tuzla Canton during the Last Decade." Moderna arhivistika 1, no. 1 (June 1, 2018): 73–82. http://dx.doi.org/10.54356/ma/2018/xmra8876.
Full textAbstract:
The paper analyses requests for access to archival records kept by the Archives of the Tuzla Canton. Focus is given to the last ten-year period (2007 - 2017). Records are sought by both individuals and legal persons (companies, law firms, judiciary and other branches of government, etc.) in order to fulfill their civil and/or human rights. Often, as data will show, how and what they expect from accessing and using archives is different from what can really be done to help them. Through analyzing a decade of collected data, the authors aim to give a brief overview on tendencies in working with users, and point out important factors in accessing archival records preserved by the Archives of the Tuzla Canton.
40
Wiedemann, Benedict G. E. "The use of canon law in ecclesiastical administration, 1000–1234. Edited by Melodie Eichbauer and Danica Summerlin. (Medieval Law and its Practice, 26.) Pp. xii + 279 incl. 1 table. Leiden–Boston: Brill, 2019. €121. 978 90 04 36433 2; 1873 8176." Journal of Ecclesiastical History 71, no. 1 (January 2020): 164–65. http://dx.doi.org/10.1017/s0022046919001921.
Full text
41
KALETA, PAWEŁ. "Kanoniczne sankcje karne za przestępstwa majątkowe." Prawo Kanoniczne 58, no. 3 (January 18, 2017): 117. http://dx.doi.org/10.21697/pk.2015.58.3.06.
Full textAbstract:
Financial malfeasance, both in the eld of administration and alienation of ecclesiastical goods might contribute to nancial losses, unnecessary scandal of the faithful, as well as the weakening of public trust. In order to prevent such malfeasance, the Church must seek eective methods which will allow to observe the canon law. e aim of this article was to show the penalties for the nancial malfeasance in the canonical legal system. Interestingly that ecclesiastical legislator does not use the concept of „nancial malfeasance”. However, we can nd nine examples of nancial malfeasances in Book VI of the 1983 Code. e following actions can be related to nancial malfeasances: 1) impeding the use of ecclesiastical goods (can.1375), 2) invalid alienation of ecclesiastical goods (can. 1377), 3) simony (can. 1380), 5) illegitimate prot from Mass oerings (can. 1385), 6) bribery (can. 1386), 7) abuse of authority and culpable negligence in performing act of ecclesiastical power or ministry or oce (can. 1389 §1-2), 8) production and use of false documents (can. 1391), 9) clerics carrying out commercial activities (can. 1392).For such oenses, the legislator determines penalties ferendae sententiae which may be imposed on the oender by judicial or administrative process. e legislator does not provide for penalties latae sententiae for nancial malfeasances. For simony and illegitimate prots from Mass oerings leg- islator provides for a penalty of imposing censure. In the case of simony is mandatory sanction (c. 1380), while for the oense of illegitimate prots from Mass oerings is optional one (can. 1385). It can be supposed that the most severe penal sanctions for nancial malfeasance is deprivation of oce that the judge may impose, depend- ing on the severity and harm done. is is an optional penal imposed for abusing of ecclesiastical power or an oce (can. 1389 § 1). In other cases, the ecclesiastical legislator provides for a just penalty ferendae sententiae. If penalties are indeterminate their imposition belongs to the Ordinary or judge. e particular law is to be observed which in place of indeterminate penalty ferendae sententiae it may establish a penalty determined or obli- gated (can. 1315 § 1). In accordance with can. 1317 particular law can not establish a penalty of dismissal from the clerical state.
42
Mazurkiewicz, Artur. "The concept of reinstatement of the deadline in the covid special act in light of traditional solutions of administrative law in this respect." Acta Iuridica Resoviensia 38, no. 3 (September 2022): 235–46. http://dx.doi.org/10.15584/actaires.2022.3.16.
Full textAbstract:
The outbreak of the SARS-CoV-2 virus posed new and urgent challenges to the legislature and administration. The entities responsible for the legislative process in Poland seemed to have succumbed to the atmosphere of panic and introduced into legal circulation solutions that overturned the hitherto binding canons of law regarding the possibility of reinstating deadlines, types of deadlines subject to reinstatement, and requirements related to their reinstatement. These solutions, although adopted in the interest of the parties, in the author’s opinion are too radical. Moreover, they turned out to be unnecessary in practice and threaten the lack of security in legal proceedings.
43
Aldilla, Muhammad Rizki, and Tomy Michael. "IMPACT OF MOVING THE NEW CAPITAL TO KALIMANTAN." Jurnal Abdikarya: Jurnal Karya Pengabdian Dosen Dan Mahasiswa 5, no. 1 (June 25, 2022): 58–65. http://dx.doi.org/10.30996/abdikarya.v5i1.6734.
Full textAbstract:
Jakarta has been the capital of the country (IKN) since the days before Indonesia's independence. The enactment of Law Number 29 of 2007 concerning the Provincial Government of the Special Capital Region of Jakarta confirmed Jakarta to become the Capital city of Indonesia. The many dynamics over the years such as the issue of the capital will sink cause Jakarta to be considered no longer qualified to be a canyon capital. The emergence of the discourse on the transfer of the capital since the era of President Soekarno's administration until it was reaffirmed by the president Jokowi administration on August 26, 2019 that the Government said that it would move The State Capital from DKI Jakarta province to East Kalimantan Province. Evidenced by the issuance of Law Number 3 of 2022 concerning the National Capital which was passed by the House of Representatives (DPR) on January 18, 2022 and signed by President Joko Widodo on February 15, 2022. The policy to move IKN is motivated by the need for the development of new economic areas, reducing inequality between regions, and improving the welfare of the people. The author finds that the transfer of IKN has stronger strengths and opportunities than the weakness and threat side so that the transfer of IKN is expected to have an impact positive for the Indonesian economy.
44
COOLEY, WILL. "Crack and Criminal Justice in Canton, Ohio, 1987–1999: “The Drug Problem has Created a Monster”." Journal of Policy History 33, no. 2 (April 2021): 143–82. http://dx.doi.org/10.1017/s089803062100004x.
Full textAbstract:
AbstractThe rise of crack cocaine in the late 1980s propelled the war on drugs. The experience of Canton, Ohio, shows how the response to crack solidified mass incarceration. A declining industrial city of 84,000 people in northeast Ohio with deep-seated racial divides, it was overwhelmed by aggressive, enterprising crack dealers from outside the city. In response, politicians and residents united behind the strategy of incessant arrests and drastic prison sentences. The law-enforcement offensive worsened conditions while pursuing African Americans at blatantly disproportionate rates, but few people engaged in reframing the drug problem. Instead, a punitive citizenry positioned punishment as the principal remedy. The emergency foreclosed on more comprehensive assessments of the city’s tribulations, while the criminal justice system emerged as the paramount institution.
45
Latypov, Vadim S. "Assistance to justice in the modern muslim model of criminal proceedings (on the example of criminal procedure legislation Islamic Republic of Afghanistan)." Gosudarstvo i pravo, no. 11 (2023): 185. http://dx.doi.org/10.31857/s102694520020257-3.
Full textAbstract:
The article analyzes the institute for the promotion of justice in the Muslim system of law on the example of the criminal process of the Islamic Republic of Afghanistan (based on the Code of Criminal Procedure), but using the canons of the sacred religious scriptures. Within the framework of the conducted research, the conclusion is formulated that in the criminal process of the Islamic Republic of Afghanistan, the persons assisting in the administration of justice should include a witness, an expert and an interpreter, a doctor and a specialist. It is noted that their procedural status is not fixed in the hotel rules, but at the same time, the existence of the rights, duties and responsibilities of these participants mentioned by the legislator in the Criminal Procedure Code of the Islamic Republic of Afghanistan is traced. It is established that the criminal procedure legislation of the Islamic Republic of Afghanistan does not allow to fully ensure the safety of persons assisting justice, since it is limited only to ensuring the safety of a witness (Chapter 7 of the Criminal Procedure Code of the IRA).
46
Bernaudeau, Vincent. "The Justices of the Peace at the heart of the French Law Reform experimental process (1914–1915)." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 77, no. 1-2 (2009): 211–37. http://dx.doi.org/10.1163/004075809x403442.
Full textAbstract:
AbstractThe pre-enactment stages of the French Act of 22 December 1915 extending the cases where a review of judgements rendered by Justices of the Peace (at the canton-district level) could be brought before the Cour de Cassation shed a new light on the respective roles played by representatives of Parliament, of the central administration departments, and of the highest level of the Judiciary. These three categories of established public actors were brought together in an institutionalized Law Reform experimental process (laboratoire législatif), in which they shared a common legitimacy. An analysis of their work highlights the importance of their legal experience and knowledge for the conception and drafting of the Act, but is also necessary in order to interpret and understand those actors' notions with regard to the role of justice and the establishment of peace towards the citizens. The system and the rules which tend to ensure the Act's application emphasize the Executive Departments' capacity to affect the working of the courts, so as to implement their policies in favour of rationalizing the legal practitioners' work and modernizing the Judiciary at the beginning of the 20th century.
47
Fitriyani. "Verifikasi Biologis Dan Kesehatan Reproduksi Calon Mempelai Pra Perkawinan Dalam Perspektif Hukum Islam." alashriyyah 5, no. 1 (May 17, 2019): 18. http://dx.doi.org/10.53038/alashriyyah.v5i1.46.
Full textAbstract:
This study describes the biological verification and reproductive health of prospective pre-marriage brides in the perspective of Islamic law, and covers Islamic insights regarding the verification of biological and reproductive health of pre-marriage brides, and the law to conduct biological verification and reproductive health for pre-marriage brides in legal perspective Islam. The case that took place in Bulukumba on September 17, 2017 was related to biological forgery between Syarifah Nurul Husna (20 years) and Rahmat Yani (28 years old) a woman from Erelebu Hamlet, Eka Tiro Village, Bontotiro District, Bulukumba Regency. Apparently married to fellow women, he was involved with same-sex marriage. Revealed when the first night after the wedding ceremony took place, finally arrived where the moment of the two lovebirds got together in the first night. Suddenly Nurul Husna screamed and ran out of her room, she was crying out unconsciously knowing that Rahmat Yani was actually a woman. Syarifa Nurul Husna's family did not remain silent over the incident that happened to her daughter, they then made a vote on her daughter-in-law's identity. After doing the checkup, he finally found out if Rahmat Yani was Rahmayani according to the residents of Herlang Hamlet, from the village of Rahmat Yani. For the sake of the sanctity of the marriage institution, similar events are expected not to occur again in the future. For this reason, a solution needs to be formulated, including fixing civil administration regulations. This study seeks to discuss one solution, which includes verification of identity and reproductive health as one administrative requirement for marriage. If it refers to the quantity of cases, this idea might be considered as an excessive response. However, when viewed from the classical fiqh perspective, this has been exemplified in the early days of the development of Islamic Law. Presupposition cases born from the leaders of four popular schools indicate that there is no need to wait for cases to establish the law. For example, the priests of the school of thought have spoken and determined the legal consequences of a clogged vagina or a penis being cut off for marital survival This research is a descriptive research (library research) with a type of qualitative research, using a legal approach (formal juridical), a case approach, a fiqh approach and a psychological approach. The theory used is Maqasyid syariah related to the maintenance of offspring popularized by As-Sya tiby and the benefit theory that was popularized by at-Tufi.
48
Suparto, Suparto. "Presidential Threshold Between the Threshold of Candidacy and Threshold of Electability." JURNAL CITA HUKUM 6, no. 1 (June 27, 2018): 95–108. http://dx.doi.org/10.15408/jch.v6i1.4414.
Full textAbstract:
Abstract. In judicial review on Article 9 of Law Number 42 of 2008 on The Election of President and Vice-President which regulates Presidential threshold, the Constitutional Court refused on the grounds that it is an open legal policy which mandated by Article 6 paragraph (5) of the 1945 Constitution that the administration of the election of President and Vice-President will be further regulated in a Law. This reasoning is insufficient because Article 6 paragraph (5) regulates procedures (phases of the process), not requirements for candidates of President and Vice President to be eligible on participating in the election. Moreover Article 9 of Law Number 42 of 2008 has the potential to expand the norms as stipulated in Article 6A paragraph (2) of the 1945 Constitution that the candidates for President and Vice President shall be nominated by a political party or coalition of political parties participating in the election before the election without any other frills (the threshold). Keywords: Presidential Election, Presidential Threshold Abstrak. Dalam pengujian Pasal 9 Undang-Undang Nomor 42 Tahun 2008 tentang Pemilihan Umum Presiden dan Wakil Presiden mengatur tentang Presidential threshold. Mahkamah Konstitusi menolak dengan alasan hal tersebut merupakan open legal policy dengan bersandarkan pada Pasal 6 ayat (5) Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 bahwa tata laksana pelaksanaan pemilihan Presiden dan Wakil Presiden lebih lanjut diatur dalam Undang-Undang. Argumentasi tersebut kurang tepat karena Pasal 6 ayat (5) mengatur tata laksananya (proses tahapan pelaksanaan) bukan persyaratan bagi pasangan calon Presiden dan Wakil Presiden untuk menjadi peserta pemilu. Selain itu, Pasal 9 Undang-Undang Nomor 42 Tahun 2008 tersebut berpotensi memperluas norma sebagaimana yang diatur dalam Pasal 6A ayat (2) Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 bahwa pasangan calon Presiden dan Wakil Presiden diusulkan oleh partai politik atau gabungan partai politik peserta pemilu sebelum pemilu tanpa adanya embel-embel lain (adanya ambang batas).Kata kunci: Pemilu Presiden, Presidential Threshold.
49
Patawari, Patawari. "Penataan Hukum Mekanisme Rekrutmen Calon Anggota Dewan Perwakilan Rakyat yang Aspiratif." Kanun Jurnal Ilmu Hukum 21, no. 2 (August 29, 2019): 209–26. http://dx.doi.org/10.24815/kanun.v21i2.12935.
Full textAbstract:
Penelitian ini bertujuan untuk menganalisis Rekrutmen calon Anggota Dewa Perwakilan rakyat, Permasalahan yang timbul adalah bagaimanakah penataan hukum mekanisme rekruitmen calon anggota Dewan Perwakilan Rakyat yang dengan pendekatan teori hukum dan perbandingan hukum. Hasil Penelitian menunjukkan rekruitmen calon anggota legislatif yang dilakukan oleh partai politik tidak melaksanakan amanat undang undang partai politik, dengan dalil bahwa partai politik tidak mencantumkan dalam Anggaran Dasar Anggaran Rumah Tangga (AD/ART) partai politik yakni: mekansime rekrutmen bakal calon anggota Dewan Perwakilan Rakyat, adanya ketentun seleksi kaderisasi yang dilaksanakan secara demokrasi, seleksi yang dilakukan secara terbukan, penetapan rekrutmen yang dilakukan oleh pengurus partai politik bahwa Kedaulatan Rakyat atau demokrasi. Sehigga mekanisme rekrutmen calon anggota Dewan Perwakilan Rakyat cenderung tidak aspiratif. Sebagai perbandingan di beberapa negara rekrutmen dilakukan dengan berdasar pada konstitusi negara masing-masing memasukkan unsur aspek usia, kompetensi akademik, agama, kelompok etnis untuk menjadi calon anggota legislatif. Legal Administration of Mechanism Recruitment of Aspiration People's Representatives This study aims to analyze the recruitment of candidates for the House of Representatives. The problem that arises is how the legal arrangement of the recruitment mechanism for members of the House of representatives with a legal theory and legal comparison approach. The results indicate that the recruitment of legislative candidates conducted by political parties did not carry out the mandate of the Law on Political Party, with the argument that political parties do not include political parties' statutes bylaws, namely: recruitment mechanism for prospective members of the House of Representatives, there are provisions for cadre selection which are carried out democratically, open selection, determination of recruitment carried out by political party management that is People's Sovereignty or democracy. So the mechanism for recruiting candidate tends not to be aspirational. For comparison in several countries recruitment is based on the state constitution by including elements of age, academic competence, religion, ethnic groups to become legislative candidates.
50
Haering, Stephan. "Eastern Canon Law." ARCHIV FÜR KATHOLISCHES KIRCHENRECHT 182, no. 1 (November 24, 2013): 295–96. http://dx.doi.org/10.1163/2589045x-182-01-90000025.
Full text