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1
Edwards, Quentin. "The Origin and Founding of the Ecclesiastical Law Society." Ecclesiastical Law Journal 5, no. 26 (January 2000): 316–19. http://dx.doi.org/10.1017/s0956618x0000380x.
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There was an ecclesiastical law shaped hole in the Church of England from the dissolution of Doctors' Commons in 1857 until 1987 when it was filled by the formation of the Ecclesiastical Law Society. In 1947, forty years earlier, the Archbishops' Canon Law Commission had suggested how the hole might be filled. The Commission was appointed in 1939 and published its report under the title The Canon Law of the Church of England (SPCK, 1947). The Report consisted of a learned and authoritative review of the sources of English canon law and made recommendations for its reform, in particular by appending to the Report a body of suggested revised canons. Included in the Report was the following paragraph expressing the hope that a society might be formed for the study of canon law:‘The success of a new code of canons will to a great extent depend on a wider knowledge than at present exists among the clergy of the law of the Church of England, its nature, history, development, and particular characteristics; and it is hoped that the previous chapters of this Report will provide an elementary introduction to the subject. We recommend therefore that those who are responsible for the training of ordination candidates and for the post-ordination training of the clergy should be asked to consider what steps can be taken to give both ordinands and clergy a more professional knowledge of the Church's law and constitution. In giving evidence before the Ecclesiastical Courts Commission in 1883 the late Sir Lewis Dibdin pointed out that since the disappearance of Doctors' Commons in 1857 there had really been no method of teaching or preserving a knowledge of the Ecclesiastical Law. It is impossible at this stage to revive anything like Doctors' Commons, but we would suggest that a society, consisting of clergy, professional historians, and lawyers, be formed for the purpose of studying the Ecclesiastical Law and of suggesting ways in which that law either needs alteration or can be developed to meet new needs. As a rule there is far too little contact and interchange of ideas and points of view between the clergy and ecclesiastical lawyers, and such a society would give opportunities for this. Such a society would train up a number of people competent to advise and help the clergy in the particular problems of Ecclesiastical Law with which from time to time they are confronted.’
2
Pawlyta, Adam. "Canon Law as a Foreign Law." Kwartalnik Prawa Międzynarodowego III, no. III (September 30, 2023): 224–43. http://dx.doi.org/10.5604/01.3001.0053.8929.
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The purpose of this article is to discuss the problem of a definition and classification of canon law. It has been examined whether canon law can be treated as a foreign law from the perspective of the national legal order. Considerations were made regarding the need to admit evidence from an expert in the field of canon law or religious studies in court proceedings involving church legal entities or clergy. Regardless of how the relationship between the civil law (state law) and the canon law is shaped, it is necessary to take into account that a person may be subject also to canon law. A similar problem has already been examined by the Supreme Court and the Supreme Administrative Court. The purpose of this article is to present, in an orderly manner, the approaches to the above-mentioned issue.
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Hill, Christopher. "Education in Canon Law." Ecclesiastical Law Journal 5, no. 22 (January 1998): 46–48. http://dx.doi.org/10.1017/s0956618x00003240.
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For a number of years the Society has been troubled at the absence of, or at least the spasmodic nature of, any systematic teaching about Canon or Ecclesiastical law among ordinands and clergy of the Church of England. The first that an ordinand knows of law is often his or her Declaration of Assent and licensing as an Assistant Curate. Provided there are no great crises or scandals, or problems over marriages when the training Incumbent goes on holiday leaving the new Deacon to his or her own devices, the next occasion of ecclesiastical law will be at first incumbency, or possibly as a Team Vicar. After that Faculties, secular employment law, the Children Act, the Charities Act, the Ecumenical Canons become increasingly important; not to speak of the Pastoral Measure in Teams and Groups. No other profession would allow its officers such systematic ignorance of the rules of the game, or be so tardy in providing them with a summary of their rights and responsibilities. Sadly the image of law—and lawyers—has obscured the need for knowledge of professional rules and good practice. A misunderstanding of St Paul on Law and Gospel has permeated much evangelical, charismatic and radical thinking. Anglo-Catholics have a perverse respect for the canon law of another church rather than their own. But the tide has begun to turn.
4
Helmholz, R. H. "Discipline of The Clergy: Medieval and Modern." Ecclesiastical Law Journal 6, no. 30 (January 2002): 189–98. http://dx.doi.org/10.1017/s0956618x00004452.
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Discipline of the clergy is a subject of perennial interest—both in the popular press whenever something sensational takes place, and among the clergy and thoughtful lawyers when they are confronted either with the general problem of how best to fashion the church's law or the more immediate problem of how to deal with offenders against the church's law. The subject also has a long history. The purpose of this article is to bring to light a chapter from the century or so before the Reformation. Evidence taken from the medieval canon law and from the court records of the later Middle Ages may be of interest—and perhaps even relevance—to members of the Ecclesiastical Law Society. It has been my pleasure and good fortune to discover that many of them are not immune to the claims of history.
5
Brinda, Štefan. "A Canonical Analysis of Canon 273 of the 1983 Code of Canon Law." Teka Komisji Prawniczej PAN Oddział w Lublinie 14, no. 2 (July 19, 2022): 63–78. http://dx.doi.org/10.32084/tekapr.2021.14.2-6.
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All clergy have the special canonical obligation to show reverence and obedience to their ordinary and the pope. They bind themselves to this promise freely and publicly during their diaconal or priestly ordination. The ecclesiastical legislator gave the liturgical ceremony a normative form in can. 273 of the 1983 Code of Canon Law. In this paper, the author presents the sources of the canon in question, presents a canonical analysis, places it into canonical context, and defines individual terms according to how the ecclesiastical legislator understood them.
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Neuheuser, Hanns Peter. "Neuheuser, Hanns Peter, Vom utensilium zum insignium. Zur rechtlichen und ästhetischen Ordnung der spätmittelalterlichen Kanonikergewandung." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 105, no. 1 (June 26, 2019): 226–79. http://dx.doi.org/10.1515/zrgk-2019-0008.
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Abstract From utensilium to insignium: The juridical and esthetic order of the canons' vestment. The paper deals with the inner structure of the institutes of secular canons and the regulations of their specific vestments. As the liturgical vestment set for celebrating mass (alb, stole, chasuble resp. dalmatic) and for the liturgy of the office of the hours in the choir (alb, surplice, cope) was common for the whole clergy, in the (high) middle ages tendencies were shown to establish elements as insignia of a canon, e.g. the material, form, colour and wearing of the often hooded almuce. Topics of the research are the medieval goals to further an image of unity of the institution, to underline the hierarchic function of a single canon, and at last to show, where is the ecclesiastical instance to establish a juridical rule.
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Lewandowski, Paweł. "Implementation of the Clergy’s Right to Rest According to the Polish Post-Code Synodal Legislation." Teka Komisji Prawniczej PAN Oddział w Lublinie 16, no. 1 (June 30, 2023): 191–205. http://dx.doi.org/10.32084/tkp.5292.
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The right to rest is undoubtedly one of the most fundamental rights of every person. The ecclesiastical legislator regulated this right in the following: Canon 283 para. 2; Canon 395 para. 2; Canon 410; Canon 533 para. 2; Canon 550 para. 3 of the 1983 Code of Canon Law. Thirty-three Polish post-CIC synodal legislators recited code dispositions, promulgating detailed regulations on leaves and days off for members of the clergy. The exercise of the right must always take into account the principle of salus animarum suprema lex.
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Lewandowski, Paweł. "Prohibition of Business or Trade by the Clergy According to the 1983 Code of Canon Law. An Outline." Teka Komisji Prawniczej PAN Oddział w Lublinie 13, no. 2 (December 31, 2020): 393–403. http://dx.doi.org/10.32084/tekapr.2020.13.2-30.
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The practice of business or trade by clerics and religious was strictly prohibited from the first centuries of the Church. Appropriate decisions were made at the Councils of Nicaea, Chalcedon, Lateran (IV) and Trent. In the 1917 Code of Canon Law, the legislator regulated the analysed matter in can. 142 and 2380. They were the source of the work of the Pontifical Commission for the Authentic Interpretation of the Code of Canon Law. According to the legislator’s disposition contained in can. 286 of the 1983 Code of Canon Law “Clerics are prohibited from conducting business or trade personally or through others, for their own advantage or that of others, except with the permission of the legitimate ecclesiastical authority.” The breach of the above prohibition was punishable by a mandatory indeterminate ferendae sententiae penalty, which should be imposed on the cleric or religious, depending on the gravity of the delict.
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Bursell, Rupert D. H. "The Seal of the Confessional." Ecclesiastical Law Journal 2, no. 7 (July 1990): 84–109. http://dx.doi.org/10.1017/s0956618x00000958.
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The seal of the confessional was part of the canon law applied in England before the Reformation. It was also part of that law which was continued in force at the Reformation, as is confirmed by the proviso to canon 113 of the 1603 Canons. This proviso is still in force and proprio vigore binds the clergy of the Church of England. By the Act of Uniformity, 1662, the hearing of confessions was enjoined upon those clergy in certain circumstances; the law places no limit upon the frequency of their being heard. It is unsurprising that there are infrequent references to the seal of the confessional since the Reformation; such cases as there are are inconclusive. Nevertheless, although the seal of the confessional may be waived by the penitent, the refusal by an Anglican clergyman to disclose what was said within sacramental confession is based upon a duty imposed on him by the ecclesiastical law rather than upon an evidential privilege. An Anglican clergyman in breach of that duty would be in grave danger of censure by the ecclesiastical courts and such censure might well lead to his deprivation and possible deposition from Holy Orders. The ecclesiastical law is part of the general law of the land and must be applied in both the ecclesiastical and secular courts. Both courts must therefore enforce that clerical duty and uphold any refusal by an Anglican clergyman to answer questions in breach of the seal of the confessional.
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Hałaburda, Marek. "Duchowieństwo dekanatu Wołkowysk w 1820 r." Textus et Studia, no. 1(29) (July 9, 2022): 199–224. http://dx.doi.org/10.15633/tes.08105.
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The purpose of this article is to collectively analyze the data on the group that was formed at the beginning of the 19th century by the clergy of the Vawkavysk deanery. The term “clergy of the deanery of Volkovysk” applies to all priests, diocesan and religious, working at parish and monastic churches located in the deanery. Essential information for the research was provided by the protocols of the general visitation for 1820. The visitation was carried out in October 1820 and January 1821. The authorities of the diocese delegated Fr. Franciszek Godlewski, canon of the Brest chapter. The dean of the deanery and the parish priest in Wołkowysk, the canon of the Brest collegiate church and the master of canon law, Fr. Tomasz Sturgulewski.
11
Müller,, Jörg. "Armsbearing and the Clergy in the History and Canon Law of Western Christianity." ARCHIV FÜR KATHOLISCHES KIRCHENRECHT 182, no. 2 (November 24, 2013): 643–45. http://dx.doi.org/10.1163/2589045x-182-02-90000030.
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Zambrana-Tévar, Nicolás. "The New Reform of the Penal Law of the Catholic Church: Resuscitating a Forgotten Pastoral Instrument?" Oxford Journal of Law and Religion 10, no. 2 (June 1, 2021): 227–53. http://dx.doi.org/10.1093/ojlr/rwab020.
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Abstract The new reform of the penal law of the Catholic Church, amending Book VI of the Code of Canon Law of the Latin Church, as well as other recent canon law norms, aims at making sure that local bishops can punish more straightforwardly and with less discretion those conducts which are considered as most harmful for the church as a community. The drafters of this reform have made it clear that, in the past, many believed that penal laws should only exceptionally be applied. Now, however, this area of canon law should actually be considered one more instrument of pastoral governance. Although the Vatican has underlined that the new Book VI will be useful in the fight against the crime of sex abuse by clergy, this reform partly codifies norms and punitive mechanisms which had been progressively introduced and had already been in place, sometimes for decades.
13
Dewhurst, Russell. "‘Seven whole days’: The Obligation of the Clergy of the Church of England to ‘say daily the Morning and Evening Prayer’." Ecclesiastical Law Journal 24, no. 1 (January 2022): 14–24. http://dx.doi.org/10.1017/s0956618x21000673.
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All Christians are called to pray. The daily offering of Morning and Evening Prayer is a particular obligation of the clergy of the Church of England, as part of the ‘manner of life of clerks’ laid down in Canon C 26. However, despite the significant time devoted to these prayers by the clergy on a daily basis, there has been little detailed examination of this canonical obligation. This article explores the historical background to the obligation and its effect today.
14
Rakoczy, Tomasz. "Konieczność zastosowania kanonicznego zdarzenia utraty stanu duchownego dla wyrejestrowania osoby duchownej z ubezpieczeń społecznych. Glosa aprobująca do wyroku Sądu Apelacyjnego w Rzeszowie – III Wydział Pracy i Ubezpieczeń Społecznych z dnia 21 sierpnia 2013 roku, III AUa 468/13." Ius et Administratio 48, no. 3 (September 2022): 57–69. http://dx.doi.org/10.15584/iuseta.2022.3.6.
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The commented judgement concerns the need to apply the term of canon law, which is the loss of the clerical state to determinate deregistration from compulsory insurance security. It should be identified with the statutory deadline for resignation from the clerical state. The legislator recognized the autonomy of the Catholic Church and rightly applied the terms defined by it. In this respect, he defined both the group of clergy subject to insurance, the moment of coverage of insurance obligation, as well as the event that indicates deregistration from insurance. It is not sufficient for exclusion from insurance a unilateral declaration of resignation from clerical state or pastoral functions undertaken, as the appellant believes. They have no effect in the forum of canon law and have no consequences in social insurance law.
15
Pietras, Dawid. "The Legal Status of Personal Prelature According to the Documents Issued by Pope Francis in 2022-2023. Part I." Kościół i Prawo 13, no. 1 (June 26, 2024): 19–40. http://dx.doi.org/10.18290/kip2024.2.
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A personal prelature was an ecclesiastical circumscription (complementary community). Its establishment was proposed during the Second Vatican Council. Its aim was to ensure the proper distribution of the clergy and to respond to new pastoral challenges. Its legal status was significantly changed by Pope Francis’s motu proprio of August 8, 2022. By amending the canons of the 1983 Code of Canon Law (can. 294-297), the Roman Pontiff equated this personal structure with a public clerical association of the faithful under the pontifical right. As a result, a personal prelate lost his position as an Ordinary and became a Moderator with the faculties of an Ordinary. The lay faithful who cooperate with a personal prelature are now subject only to the jurisdiction of a local Ordinary. The Dicastery for the Clergy assumed the competences over a personal prelature. The Statutes of the only Personal Prelature of Opus Dei established so far will have to be adapted to the new norms.
16
Doe, Norman. "Pre-Reformation Roman Canon Law in Post-Reformation English Ecclesiastical Law." Ecclesiastical Law Journal 24, no. 3 (September 2022): 273–94. http://dx.doi.org/10.1017/s0956618x2200031x.
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Roman canon law did not cease to have an effect within the Church of England after the Reformation. English ecclesiastical lawyers continued to use pre-Reformation foreign papal law and domestic provincial and legatine law. These lawyers used several ideas to explain its status in pre-Reformation England. They usually held that it continued in force after the Reformation on the basis of section 7 of the Submission of the Clergy Act 1533 (if not repugnant to laws of the realm) – and a commission would reform it. However, it is submitted here that this statute enabled the continuance of only domestic provincial law and perhaps legatine law but not foreign papal law. Yet a 1543 statute continued the provincial law and ‘other ecclesiastical laws’ used in England, which may or may not have included legatine and papal law. Another of 1549 has no continuance provision, but the commission was to review ‘ecclesiastical laws used here’ – which, too, may or may not include legatine and papal law. A statute of 1553 repealed these earlier statutes. A statute of 1558 repealed that of 1553 but revived only the 1533 statute, not those of 1543 or 1549. This suggests that only domestic provincial law, and perhaps legatine law, continued on the basis of statute, and not foreign papal laws. The latter might have applied from 1543 to 1553 but not after 1558, as only the 1533 statute perpetuating solely domestic law was revived. Nevertheless, English lawyers continued to invoke foreign Roman canon law. By the nineteenth century they did so on basis of custom not statute – and the 1533 Act section 7 was repealed in 1969.
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Druwé, Wouter. "Learned law in late medieval Netherlandish practice: Consilia for the congregation of Windesheim (ca. 1415-1500)." Tijdschrift voor Rechtsgeschiedenis / Revue d'histoire du droit / The Legal History Review 89, no. 1-2 (June 15, 2021): 125–57. http://dx.doi.org/10.1163/15718190-12340002.
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Summary The Historical Centre of Overijssel in Zwolle and the Royal Library of Belgium in Brussels each conserve a fifteenth-century manuscript collection of legal and moral theological sources, written for the general chapter of the Augustinian canons regular of Windesheim. Both collections contain many ‘consilia’ by learned lawyers, several of whom were active in the prince-bishopric of Liège, at the universities of Paris or Cologne, or – especially – as professors of civil or canon law at the young university of Leuven. These manuscripts have already been the subject of a prosopographical analysis, but so far their content has not been studied. This article provides a substantive analysis of both collections. Topics include many disputes concerning the law of religious communities or regarding the congregation of Windesheim’s relationship to the diocesan bishops, the secular clergy and secular authorities. The volumes also cover diverse fields of the law of succession, contracts or delict.
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Farrell, Derek, and M. Taylor. "Silenced by God – an examination of unique characteristics within sexual abuse by clergy." Counselling Psychology Review 15, no. 1 (February 2000): 22–31. http://dx.doi.org/10.53841/bpscpr.2000.15.1.22.
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AbstractSexual abuse by clergy appears to create unique trauma characteristics, where distinctions exist between this and other types of perpetrated sexual abuse. These distinctions are based upon the hypothesis that sexual abuse by clergy is different rather than worse. Such traumatic experiences, as well as clerical perpetrators using ‘God’ as a silencing strategy, has the potential to shatter survivor‘s religious beliefs in a variety of ways, creating significant theological, spiritual and existential conflict. A further uniqueness with sexual abuse by clergy is from a legalistic perspective, as the offence incorporates civil, criminal and canon law. The long-term consequences will be discussed in two ways, firstly in examining the limitations of the Post Traumatic Stress Disorder framework, and secondly the ways in which Church establishments themselves have the potential to re-traumatise survivors. A survivor’s experience will be used to highlight these points, whilst demonstrating a potential reformulation of this traumatic experience.
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Paul, Michael C. "Episcopal Election in Novgorod, Russia 1156–1478." Church History 72, no. 2 (June 2003): 251–75. http://dx.doi.org/10.1017/s0009640700099844.
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Episcopal election in Western Christianity evolved considerably over the course of the fifth to the twelfth centuries. In the early part of this period, an open electorate consisting of the clergy and the people (clerus et populus), as well as the diocesan clergy and the metropolitan archbishop, all took part in the election and consecration of a new bishop. Over the course of several centuries, the local prince came increasingly to dominate the process due both to Germanic and Roman traditions of the role of the prince and to the growth in power of the local rulers over the course of the Middle Ages. Efforts to harmonize the discordant views of a “democratic” versus an elite (either princely or clerical) electorate with the ideals of canon law, which forbade lay participation in episcopal election, led to assertions that the clergy were to elect the bishop with the people and the prince giving their assent to the bishop-elect. However, with the Gregorian reforms of the twelfth century, the right of the clergy in episcopal elections became preeminent as the reformers sought to enforce the canon laws and exclude the laity from episcopal election, especially in light of past princely abuse. Despite the apparent victory of the reformers in the Investiture Controversy, the local ruler continued to play a preeminent role in episcopal appointments (or elections) into modern times, though the principle of election “by the clergy and the people” fell into disuse.
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Lewandowski, Paweł. "The Notion of Decent Support of the Clergy According to the 1983 Code of Canon Law." Roczniki Nauk Prawnych 27, no. 2 English Online Version (2017): 131–47. http://dx.doi.org/10.18290/rnp.2017.27.2-8en.
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Nakashian, Craig M. "Lawrence G. Duggan. Armsbearing and the Clergy in the History and Canon Law of Western Christianity." American Historical Review 122, no. 1 (January 31, 2017): 243–44. http://dx.doi.org/10.1093/ahr/122.1.243.
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Magpantay, Melanie, and Antonio Hila. "The Ascendancy of Gabriel M. Reyes to the Archbishopric of Manila (1949-1952)." Philippiniana Sacra 57, no. 173 (May 1, 2022): 295–342. http://dx.doi.org/10.55997/2005pslvii173a5.
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This research will discuss, narrate, and analyze the factors that led to the appointment of the first native Archbishop of Manila and how he responded to the challenges of making the faith timely for the laity during his three-year stewardship guided by Arnold Toynbee’s Challenge and Response theory applied on the micro level. The seat of the Archbishopric of the Archdiocese of Manila was regarded as the premier office to be occupied by any clergy in the Philippines. For almost four centuries, this prime seat was given to foreigners, dominated by the Spaniards. Political and religious factors determined the archbishop-to-be: the patronato real during the Spanish era and the preference of the American officials during the American period. The choice for the episcopal seat took a paradigm shift after the codification of the Canon Law in 1917 when the appointment for the episcopacy rested solely on the Pope’s decision based on the candidate’s credentials. The same Canon Law was in effect on 1949 when the Archdiocese of Manila had its first native Coadjutor-Archbishop. The native clergy who was the designated successor of the ailing Archbishop Michael O’Doherty was Gabriel M. Reyes, an Aklanon, formerly of the Archdiocese of Cebu.
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Pennington, Kenneth. "Armsbearing and the Clergy in the History and Canon Law of Western Christianity by Lawrence G. Duggan." Catholic Historical Review 103, no. 3 (2017): 559–61. http://dx.doi.org/10.1353/cat.2017.0114.
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Gerrard, Daniel. "Armsbearing and the Clergy in the History and Canon Law of Western Christianity, by Lawrence G. Duggan." English Historical Review 130, no. 543 (March 25, 2015): 410–12. http://dx.doi.org/10.1093/ehr/cev049.
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Mozyro, Piotr. "Ofiary za sakramenty i sakramentalia na przykładzie Diecezji Ełckiej." Civitas et Lex 41, no. 1 (April 2, 2024): 65–77. http://dx.doi.org/10.31648/cetl.9485.
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The subject of the article is to present the issues related to offering and accounting for offerings for sacraments and sacramentals using the example of the Diocese of Ełk. The primary source for these considerations is the Code of Canon Law promulgated by Pope John Paul II in 1983, with amendments up to 2022. The starting point of these considerations is to provide a definition of sacrament and sacramental, essentially referring to the 1983 Code of Canon Law and the Catechism of the Catholic Church, with historical data taken into account. The article further clarifies the concept of offering by referring to its dictionary meaning, whether it is an offering made to God or an offering made of oneself. In the first part, the article also presents the general church legislation regarding offerings made for sacraments and sacramentals, considering issues related to accounting, the sustenance of clergy, determining Mass stipends, iura stolae, and associated practices. In the later part of the article, there is a reference to particular legislation within the Diocese of Ełk, with special emphasis on the statutes of the First Synod of the Diocese of Ełk and decisions made by individual bishops of the Diocese of Ełk. The Synod recalls the force of canon 848 of the 1983 Code of Canon Law, which states that, on the occasion of administering sacraments, it is permissible to accept an offering determined by competent church authority and in accordance with prevailing custom. In this part of the article, it becomes evident that particular legislation does not make significant resolutions on the discussed issue but rather creates a space for the practical application of the general norm. Particularly, in the Economic Decree of the Diocese of Ełk, certain practical provisions are found. The last part includes the presentation of customs and issues in applying the legal norm and a summary. It is worth noting that the issue of offerings made by the faithful on the occasion of administering sacraments and sacramentals, the voluntary nature of donations, and the fairness of compensation for clergy is a highly complex matter. It combines the spiritual and material aspects – invisible grace and material object. The Church must safeguard the purity of the sign, eliminate any abuses, and simultaneously ensure the fairness of compensation for clergy. In today’s times, when society, including the faithful of the Catholic Church, expects a high level of transparency, it is important to address the issues that can contribute to a better understanding of the practices of the Catholic Church.
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Shibaev, D. V. "Legal Mode of the Seal of Confession. Correlation of Secular and Canon Law." Russian Journal of Legal Studies 4, no. 3 (September 15, 2017): 71–79. http://dx.doi.org/10.17816/rjls18289.
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The scope of regulation of social relations associated with both secular and canon law are of great interest for the researchers. In particular, they are related to the constitutional presumption of separation of church and state. At the same time, there is the tendency of more convergence of the church with the state in matters concerning property, correlation of church and secular education, etc. Implementing the mode of limited information access, the subjects of which are the clergy, is also a sphere of common interest for the state and the church. The use of the comparative - legal research methods, methods of analysis and synthesis of the situation have made it possible to relate the norms of canon and secular law, and identify elements of their relations. The main purpose of the paper is the comprehensive research of the seal of the confessional, its conceptual apparatus, regulation, judicial practice, forms and types of responsibility for its violation. This paper examines the historical aspects of the formation of the seal of confession, starting with the Spiritual Regulations and up to modern ecclesiastical and secular norms. It indicates the specifics of the Spiritual Regulations, which excluded the absolute inviolability of the seal of the confessional, provided the information is related to the security of higher officials. The paper also deals with the legal framework of the seal of the confessional, being a professional religious mystery as well as the legal mode and a form of the information limited in access. With reference to the Basics of the Social Concept of the Russian Orthodox Church the requirements for a priest how to qualify the information told by his parishioner. The article contains some features of the seal of the confession practice abroad, particularly in Germany and the USA. Occasionally, US law provides for the circumstances where the communication of the clergy and their parishioners should remain confidential. There is, however, the requirement compelling the priest to report where protection of children is involved. The jurisprudence support the rules regulating the seal of confession. Three relevant cases have been studied by the authors and they highlight the separation of secular and religious laws.
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Ratajczak, Krzysztof. "Legaci apostolscy w Polsce w wiekach średnich i ich rola w przyjmowaniu partykularnego ustawodawstwa kościelnego przez Kościół polski – aspekty edukacyjne." Biuletyn Historii Wychowania, no. 26 (March 10, 2019): 7–18. http://dx.doi.org/10.14746/bhw.2010.26.1.
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The official reception of the conciliar legislation in medieval Poland was greatly influenced by the papal legates, ambassadors endowed with papal authority, who brought conciliar canons to the country ruled at the time by the Piasts and made them public at councils convened with the participation of papal legates, closely monitored the observance of Canon Law and its scope expansion, concurred statutes of Polish provincial and diocesan councils, approved or rejected nominations of bishops, etc. They also acted as intermediaries in personal interventions of popes in their involvement in the functioning of the Church in Poland. Their duties also included inspections in dioceses. Visits of papal legates in Poland were relatively frequent and their main goal was to enforce and implement ecclesiastical reforms in the country. In some instances, a strict relationship between a stay of a papal representative in Poland and the process of the creation and spread of schools is clearly observable. The article examines source accounts concerning the visits of papal legates in Poland, as well as analyses the available statues of legate councils in terms of the provisions included in them regarding education of representatives of the clergy and laymen alike.
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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.
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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.
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Doe, Norman. "The Teaching of Church Law: An Ecumenical Exploration Worldwide." Ecclesiastical Law Journal 15, no. 3 (August 15, 2013): 267–92. http://dx.doi.org/10.1017/s0956618x13000422.
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Religion law – the law of the state on religion – has been taught for generations in the law schools of continental Europe, though its introduction in those of the United Kingdom is relatively recent. By way of contrast, within the Anglican Communion there is very little teaching about Anglican canon law. The Church of England does not itself formally train clergy or legal officers in the canon and ecclesiastical laws that they administer. There is no requirement that these be studied for clerical formation in theological colleges or in continuing ministerial education. The same applies to Anglicanism globally – though there are some notable exceptions in a small number of provinces. This is in stark contrast to other ecclesiastical traditions: the Catholic, Orthodox, Lutheran, Methodist, Reformed, Presbyterian, Baptist and United churches all provide training for ministry candidates in their own systems of church law, polity or order. However, no study to date has compared the approaches of these traditions to the teaching of church law today. This article seeks to stimulate an ecumenical debate as to the provision, purposes, practices and principles of the teaching of church law across the ecclesiastical traditions of global Christianity. It does so by presenting examples of courses offered (institutions, purposes, subjects, methods and levels), the educative role of church law itself, requirements under church law for church officers to study the subject, and parallels from the secular world in terms of debate in the academy and practice on the nature of legal education, particularly the role played in it by the Critical Legal Studies movement.1
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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.
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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.
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Doe, Norman. "Robert Owen (1820–1902)." Ecclesiastical Law Journal 21, no. 1 (January 2019): 54–68. http://dx.doi.org/10.1017/s0956618x18000959.
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This journal has published two distinguished series on the lives and careers of individual jurists in the history of English church law, from the mediaeval period to the late nineteenth century: one by Professor Sir John Baker on ‘famous English canonists’ (1988–1997); and the other by Professor Richard Helmholz on ‘notable ecclesiastical lawyers’ (2013–2017). Most prepared for their professional careers with the study of civil law at Oxford or Cambridge (and before the Reformation also of canon law). Many practised as judges, advocates and proctors in the church courts (until statute ended much of their jurisdiction in the 1850s). Some wrote treatises on church law. A small number were also priests, but less so as the centuries unfolded. While these professional canonists and civilians may have had a monopoly in practising church law, they did not have a monopoly in thinking or writing about it. The clergy, who never trained or practised as lawyers, also had things to say about church law. But the clerical profession has been somewhat neglected by scholarship as a class contributing to the history of church law and jurisprudence. From diocesan bishops through parish priests to clerical scholars in the universities, their books, pamphlets, sermons, letters and other materials often deal with the nature, sources and subjects of church law. Their aims vary: from the educational through the historical or theological to the practical and polemical. These priest-jurists – fathers-in-law, they might quip – contributed much to the intellectual development of church law. One is Robert Owen, a Welsh scholar cleric whose books include Institutes of Canon Law (1884). No scholar has to date unveiled Owen as a notable Anglican priest-jurist – strangely, he has been lost to scholarship as among those whom he himself chided as ‘eminent Canonists’ who ‘hide themselves’ and remain ‘veiled Prophets’.
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Schilling, Beate. "Ein Textdossier aus der Zeit Bischof Anselms II. von Lucca." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 106, no. 1 (August 27, 2020): 70–122. http://dx.doi.org/10.1515/zrgk-2020-0005.
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AbstractA dossier of texts from the time of bishop Anselm II of Lucca. The article analyses an appendix of texts at the end of three manuscripts of the collectio canonum ascribed to Anselm of Lucca. The texts, in their majority contemporaneous, are concerned mainly with simony and might have been intended to supplement the 6th book (about bishopsʼ rights) of that collection. The texts are of interest as they prove their compilerʼs relations to Bernold of Constance and to Milan, the town, where Anselm and his uncle, pope Alexander II, came from. Two texts of Alexander II, a long letter adressed to the clergy and people of Lucca and a canon of dubious authenticity about simoniac consecrations of churches, can in fact be traced back to Milan manuscripts and allow us a glimpse into the local debates of the 1060s.
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Räihä, Antti. "Lutheran Clergy in an Orthodox Empire. The Apppointment of Pastors in the Russo-Swedish Borderland in the 18th Century." Perichoresis 13, no. 2 (October 1, 2015): 57–75. http://dx.doi.org/10.1515/perc-2015-0010.
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Abstract The history of the parishioners’ right to participate in and influence the choice of local clergy in Sweden and Finland can be taken back as far as the late Medieval Times. The procedures for electing clergymen are described in historiography as a specifically Nordic feature and as creating the basis of local self-government. In this article the features of local self-government are studied in a context where the scope for action was being modified. The focus is on the parishioners’ possibilities and willingness to influence the appointment of pastors in the Lutheran parishes of the Russo-Swedish borderlands in the 18th century. At the same time, this article will offer the first comprehensive presentation of the procedures for electing pastors in the Consistory District of Fredrikshamn. The Treaty of Åbo, concluded between Sweden and Russia in 1743, ensured that the existing Swedish law, including the canon law of 1686, together with the old Swedish privileges and statutes, as well as the freedom to practise the Lutheran religion, remained in force in the area annexed into Russia. By analysing the actual process of appointing pastors, it is possible to discuss both the development of the local political culture and the interaction between the central power and the local society in the late Early Modern era.
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Krafl, Pavel. "Dva notářské instrumenty z roku 1419 k dějinám řeholních kanovníků sv. Augustina v Kladsku. Pramenná edice." PRÁVNĚHISTORICKÉ STUDIE 53, no. 3 (January 12, 2024): 39–54. http://dx.doi.org/10.14712/2464689x.2023.44.
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During the 14th century, canon law gained considerable influence. All cases which related to clergy and Church property were dealt with solely by the ecclesiastical courts. During the preparatory phases of court proceedings, public notaries were very important. They were mainly involved in appointing legal representatives and producing verified copies of important documents. The objective of this article is to present two notarial instruments produced by public notaries: Materna, the son of Doctor Martin of Kladsko, and Nicolas, called Naso, the son of Henry of Chojnów. Both instruments were produced in 1419 and relate to the monastery of the Canons Regular of St. Augustine in Kladsko. The documents are kept in the Kladsko parish archive under numbers A 4 b and A 12 i. Attached is a critical edition of both notarial instruments. The first instrument incorporates documents of Wenceslas IV, King of Bohemia, Charles IV, King of Bohemia, and Arnošt of Pardubice, Archbishop of Prague, which show the ownership of properties in the Kladsko region and outside it. The second instrument records the appointment of legal representatives of the convent at the ecclesiastical courts. We do not have any direct evidence of the subject of the monastery’s dispute, but one can assume that it related to long-term disputes with the holders of fiefs in the Kladsko region. These disagreements related to economic immunity (unauthorised attempts to collect royal taxes for the monastery’s properties) and, to a lesser extent, other matters.
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Nash, Patrick S. "The Never-Ending Story? Or, Does the Roman Catholic Church Remain Vulnerable to Charges of Improper Handling of Clergy Child Sex Abuse?" Oxford Journal of Law and Religion 8, no. 2 (January 8, 2019): 270–99. http://dx.doi.org/10.1093/ojlr/rwy053.
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Abstract This article explores whether the Roman Catholic Church’s response to the clergy child sex abuse scandal shields it from further charges of improper handling of cases. It begins by noting the current topicality of institutionalized abuse and how several high-profile public inquiries have recently been established to investigate child sex abuse across a range of secular and religious organizational settings. Although numerous religious institutions have become embroiled in clergy child abuse crises, the Catholic Church has come in for particular scrutiny and condemnation on account of its distinctive institutional characteristics which have exacerbated its own abuse scandal in a uniquely severe way. The Church’s own understanding of this issue is that a culture of antinomianism has taken root within the clerical hierarchy and that, were canon law to be applied properly, the crisis would be resolved. This contrasts quite dramatically with the typical external understanding of the crisis which sees the canonical legal system as part of the problem, namely the Church’s refusal to cooperate fully with the secular criminal justice system and effective assumption of a criminal jurisdiction of its own. The article concludes with a final prognosis of the prospects of fundamental legal and cultural change.
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Meijns, Brigitte. "Papal Bulls as Instruments of Reform: The Reception of the Protection Bulls of Gregory VII in the Dioceses of Liège and Thérouanne (1074–1077)." Church History 87, no. 2 (June 2018): 399–423. http://dx.doi.org/10.1017/s0009640718000860.
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In research concerning the spread of eleventh-century ecclesiastical reform ideas, papal protection bulls have been somewhat overlooked as scholarship has privileged more obvious instruments of papal politics, such as legates, councils, canon law, papal letters, and friendship networks. This is not surprising considering the fact that the only documents preserved are very often the bulls themselves, making it virtually impossible to reconstruct the impact that they had on the local churches. Therefore, the availability of several narrative sources discussing the reception of the bulls Gregory VII issued in favor of the Benedictine abbey of Saint Hubert in the diocese of Liège in 1074 and of the priory of regular canons in Watten in the diocese of Thérouanne in 1077 is truly unique. While these accounts are heavily biased, they permit us to catch a rare glimpse of how bulls were received at the grassroots level. As becomes clear from their stormy reception, the charters prompted discussion in the episcopal entourage about questions of ecclesiastical hierarchy, procedure, papal obedience, and episcopal authority. They cleverly rooted the papal reform program in the midst of far-off but politically important dioceses and forced bishop and clergy to take a stance in the reform debate.
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Adon, Mathias Jebaru, and Alphonsus Tjatur Raharso. "Liturgi Sebagai Perayaan Umat Menurut KHK Kanon 837: Upaya Mewujudkan Partisipasi Umat Dalam Kehidupan Sosial-Politik." Al-Adyan: Jurnal Studi Lintas Agama 17, no. 1 (June 30, 2022): 37–68. http://dx.doi.org/10.24042/al-adyan.v17i1.11119.
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The involvement of Catholics in socio-political life in Indonesia is getting dimmer. The appreciation of the people's faith tends to be focused on inward fellowship, not outward. Whereas the call to become Catholics in Indonesia demands the active involvement of all communities as a contribution to the wealth of the nation's pluralism. This is influenced by the liturgical life which does not touch the struggles of daily life. The liturgy seems to return to Old Testament worship which distances people from celebrations, and worship seems to be a special business for the clergy. The true liturgy is a celebration of the entire community so that it becomes the source and peak of the Christian life. Therefore, this study aims to make the liturgy a celebration of all the people as stated in the Canon Law of the Catholic Church Canon 837. In this way, liturgical celebrations bring renewal of people's lives so that people are increasingly called to manifest their faith through their involvement in socio-political life in Indonesia. This research uses literature study from the perspective of phenomenology. This study found a link between the people's active participation in the liturgy and their involvement in community life.
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Clarke, Peter D., and Michael C. Questier. "EDITORS’ PREFACE." Camden Fifth Series 48 (September 4, 2015): vii—viii. http://dx.doi.org/10.1017/s0960116315000238.
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The current volume brings together contributions from two separate editors. The first is a collection of texts edited by Peter Clarke that evidence Cardinal Thomas Wolsey's legatine powers to grant dispensations and other papal graces and his exercise of these powers during the 1520s in Henry VIII's realm. The second is a text edited by Michael Questier. It takes the form of glosses on and suggested readings of the Elizabethan statute law which imposed treason penalties on Catholic clergy who exercised their office in reconciling to Rome (i.e. absolving from schism and heresy) and on those who availed themselves of this sacramental power. The rationale for linking these contributions in a single volume is threefold. First, both generally concern Catholicism in Tudor England, especially the authority of Catholic clergy there both before and after the break with Rome. Secondly and more specifically, they regard the role of these clergy as agents of papal authority in Tudor England. Wolsey was appointed as a papal legate in 1518 and obtained legatine powers from successive popes on a scale unparalleled in pre-Reformation England, notably to grant dispensations, and he exercised these dispensing powers there extensively; he was thus the papal agent par excellence in Tudor England on the eve of the Reformation. The Elizabethan ‘tolerationist’ text, by contrast, seeks to deny that Catholic clergy necessarily functioned as agents of papal authority. They were not, therefore, all without exception traitors to the queen, even though one literal reading of the statute book might give the impression that this was what the State had meant. Instead, so this manuscript claimed, the statutes themselves could be read in such a way as to imply that the legislators themselves accepted that the Catholic clergy's priestly functions did not depend exclusively on papal supremacy (unlike Wolsey's legatine status) or even a malign anti-popish understanding of the papacy as a legal and ecclesiastical entity. Therefore the exercise of their faculties could not automatically be interpreted as treasonable. Coincidentally Wolsey's activity as a papal agent led to him being attainted him with treason, and although the charge did not relate to his dispensing powers, four years after Wolsey's fall Henry VIII forbade his subjects to petition Rome or its agents for the kinds of graces Wolsey had issued. He established the Faculty Office to issue such graces instead, and its authority depended on royal, not papal, supremacy. Both contributions, therefore, concern the relationship between Catholic clergy and supreme authority in the English Church, wherever this was deemed to lie. Thirdly, both contributions illuminate the limits of the law and flexibility in interpreting and applying it. Wolsey's graces in effect limited the operation of canon law: his dispensations suspended it in specific instances, notably regarding marriage and ordination; and he also granted licences permitting activity that it normally forbade, such as clergy not residing in their benefices. The ‘tolerationist’ text implies, although with arguments which at times seem rather specious, that the Elizabethan State was, even in its more draconian utterances, to some extent drawing in its horns. Both contributions, therefore, concern apparently binding law which might be relaxed in Tudor England with regard to Catholic clergy (as well as laity in the case of Wolsey's papal graces).
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Gallagher, Clarence. "Diversity in Unity: Approaches to Church Order in Rome and in Byzantium." Ecclesiastical Law Journal 6, no. 30 (January 2002): 208–38. http://dx.doi.org/10.1017/s0956618x00004476.
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This evening I propose to offer you some of the results of my research for a book I have recently completed. I examined the work of canonists, in the Eastern and Western parts of the Christian community. I explained what they did and indicated the contribution they made to the development of canon law in the first millennium of Christianity. The book deals primarily with Rome and Constantinople, though there is an excursus into Methodius and the Slavs and into the Churches in Syria and Persia. What binds the chapters together, and makes them more than a collection of disparate essays, is the parallel discussion of three issues. These are: the constitution and governance of the Church (monarchical, patriarchal/imperial, synodal), the discipline of the clergy (married or celibate) and the question of re-marriage in church after divorce
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Moriak-Protopopova, Khrystyna. "CHRISTIAN VALUES AS BASIC VALUES OF 1743 CODE (SELECTED ASPECTS)." Visnyk of the Lviv University. Series Law 73, no. 73 (November 30, 2021): 44–53. http://dx.doi.org/10.30970/vla.2021.73.044.
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The article presents justifications that law and religion are social regulators which aim is to create rules of human behavior in a socially heterogeneous society. Their functions are, to some extent, similar and, consequently, mutual influence of law on religion and religion on law is inevitable (however, it is felt less and less in Europe in 21st century). In the middle of the 18th century the influence of religion on law was especially noticeable and, as a result, Christian values became the basis of normative acts. Thus, we have tried to identify some Christian values implemented as a basis for 1743 Code, the most perfect and general law codification of Hetmanate. Detailed studying of the legal document under analysis allowed us to conclude that provisions of canon law with Christian values in it were included into the 1743 Code not by accident. The combination of two states in the Hetmanate, Cossack-noble and clerical, could have led to the fact that secular commission members’ views were formed under a significant influence of Christianity, whereas church representatives’ views were less conservative. Most of them were knowledgeable at current state and canonical law. Thus, there is the evidence of direct influence of Christianity on the Hetmanate right (in spite no references to the sources of canon law in 1743 Code). The composition of the committee and Cossacks’ worldviews indicate preservation of traditional inclination of contemporary law to strengthen Christianity (Orthodox rite) as a dominant religion in the state. It has been proved that, taking into consideration historical period, composition of the committee and traditional contemporary ideas, values mentioned in the article were Christian ones for Cossacks officers and clergy of the Hetmanate (including authors of the Code). It has been revealed that 1743 Code equally protected the oldest Christian values contained in Moses Pentateuch as well as their additions and modifications whose source was the New Testament. It has been noted that medieval cruelty and intolerance confronted New Age humanism in the Code. The topic under study needs both further investigation and comprehension of the Christian legal tradition in general. Its further exploration will allow to characterize and understand the whole complex of possible impacts of Christianity on law, namely law of the Hetmanate.
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Mazza, Michael J. "Is the Internal Forum under Attack? The Status of the Sacramental Seal and the Internal Forum in Church and State in the USA." Jurist: Studies in Church Law and Ministry 80, no. 1 (2024): 151–96. http://dx.doi.org/10.1353/jur.2024.a929955.
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abstract: In recent years, the sacramental seal and the internal forum have been subjected to numerous attacks in both the mainstream media and in state legislatures. Arguments are made with increasing frequency that "secrecy" has no place in modern society, at least when respecting "confidential communications" means certain heinous crimes may go unreported. Nevertheless, respect for the contents of the internal forum is a long-established principle of morality and canon law, and its importance in the life of the Church cannot be ignored. This article begins with an examination of the current civil laws of the United States respecting confidential communications made to clergy. It then considers the relevant moral and legal principles, including recent and important relevant guidance from the Holy See. Finally, the article concludes with a review of three specific areas in which the balance between sharing necessary information and protecting the internal forum are especially imperative: abuse reporting systems, seminary formation programs, and document retention policies and practices.
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Gundacker, Jay. "Absolutions and Acts of Disobedience: Excommunication and Society in Fourteenth-Century Armagh." Traditio 64 (2009): 183–212. http://dx.doi.org/10.1017/s0362152900002294.
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In the Bull of Promulgation of his 1234 Compilation of Decretals (commonly known as the Liber extra), Pope Gregory IX declared the goal of written law to be that “the human race is instructed that it should live honorably, should not injure another, and should accord to each person his own rights.” Yet despite the proliferation of canon laws and ecclesiastical legal procedures, Archbishop Milo Sweteman, metropolitan of the Irish province of Armagh from 1361 to 1380, could still complain about the futility of the church's ultimate legal measure, excommunication, against the many crimes of local malefactors. In 1366, he wrote to one of his officials: Very many times I have proceeded legally against Malachy O'Hanlon king of Oirthir as a destroyer of the clergy and people of the church, by excommunicating him and his henchmen in the proper form as despoilers, plunderers, and usurpers of church goods; and by placing an ecclesiastical interdict on the land to which they had fled in diverse moments. Nevertheless, because Malachy and some of his accomplices endured repeated correction, promised to make restitution, and even offered sworn oaths, in this way they obtained absolution and relaxations of the sentences of excommunication and interdict. And then they committed worse acts against the people and clergy of the church at Armagh than ever before.
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Phillips, J. R. S. "The Irish remonstrance of 1317: an international perspective." Irish Historical Studies 27, no. 106 (November 1990): 112–29. http://dx.doi.org/10.1017/s0021121400018265.
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The document commonly known as the ‘Remonstrance of the Irish princes’, which was sent to Pope John XXII in or about 1317, has inspired a great deal of written comment since the text first became generally available during the nineteenth century. It has been seen as an early statement and vindication of Irish national identity and political independence; it throws light on the application of the English common law in early fourteenth-century Ireland; it illustrates the relations between English and Irish monks and secular clergy within the Irish church; it demonstrates that in the early fourteenth century Pope Adrian IV’s bull Laudabiliter, in which he had urged Henry II of England to conquer Ireland, was regarded even by enemies of the English as a key element in the English monarchy’s claims to the lordship of Ireland; and its account of the English settlers in Ireland has been used to demonstrate a growing distinction between them and their cousins in England. In recent years the remonstrance has also been quarried for evidence on the application of the canon law of the just war, and for information on racial attitudes on the frontiers of medieval Europe.
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Müller, Jörg. "Duggan, Lawrence G., Armsbearing and the Clergy in the History and Canon Law of Western Christianity, Croydon 2013, XIV und 264 S., Literaturverzeichnis und Index." Archiv für katholisches Kirchenrecht 182, no. 2 (June 24, 2013): 643–45. http://dx.doi.org/10.30965/2589045x-18202030.
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Blanchard, Mary. "Armsbearing and the Clergy in the History and Canon Law of Western Christianity. By Lawrence G. Duggan . Woodbridge: Boydell, 2013. xiv + 264 pp. $99.00 cloth." Church History 86, no. 1 (March 2017): 215–17. http://dx.doi.org/10.1017/s000964071700021x.
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Trojanowski, Bartosz. "John Paul II and Benedict XVI’s concern for the protection of the faithful against the most serious crimes, with particular emphasis on the sexual abuse of minors committed by clergy." Polonia Sacra 28, no. 2 (June 4, 2024): 153–74. http://dx.doi.org/10.15633/ps.28208.
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The problem of dealing justly and efficiently with the most serious crimes in the Church after the promulgation of the Code of Canon Law in 1983 became the concern of Cardinal Joseph Ratzinger, later Benedict XVI, and John Paul II. Their cooperation and the decisions of Benedict XVI, as a continuation of the path started, laid the foundations for the creation of a system of canonical criminal law capable of responding properly and effectively to the most serious crimes committed by the faithful in the Church. The introduction of a clear scope of competence for the Congregation for the Doctrine of the Faith, the definition of a longer limitation period, the possibility of revoking it, the centralization of procedural steps, entrusting them to qualified personnel, enabling the control of the action of individual superiors are very concrete legal solutions that confirm the teaching of the Church and the definite statements of the two Popes on the protection of the most vulnerable in the Church from the immense harm of sexual abuse that some clerics could commit against them. The article presents and discusses concrete legal solutions and relates them with the teachings and attitudes of the two popes towards protecting minors in the Church. It is an attempt to argue for the defense of their good names and to oppose the unfounded accusations made against these two authorities.
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Doe, Norman. "Samuel Hallifax (1733–1790)." Ecclesiastical Law Journal 22, no. 1 (December 31, 2019): 49–66. http://dx.doi.org/10.1017/s0956618x19001704.
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Trinity Hall, Cambridge was founded in 1350 by William Bateman, Bishop of Norwich, for the study of canon law and civil law, as provided in its statutes. It later developed a direct connection with Doctors’ Commons in London, the College of Advocates practising in the church and admiralty courts. In the period 1512–1856, of the 462 admitted as advocates, 85 were from the Hall, including 15 masters and 45 fellows. From 1558 to 1857, the Hall had 9 out of about 25 Deans of Arches: two under Elizabeth, three at the end of the seventeenth century, three in the eighteenth century and one in the nineteenth. It has also provided more than 24 diocesan chancellors. As a result, within Cambridge University, Trinity Hall became the ‘nursery for civilians’, and the usual home for the Regius Professor of Civil Law. Among the first 12 of these (1540–1666), the Hall had 5. From 1666 to 1873, all of the next 12 holders were Trinity Hall by origin or adoption. Uniquely, all four of those holding this chair from 1757 to 1847 were clergy. These included Samuel Hallifax, Regius Professor of Civil Law 1770–1782. What follows deals with the life and career of Hallifax; his legal treatise An Analysis of the Roman Civil Law Compared with the Laws of England (with particular reference to its treatment of ecclesiastical law), its use and later editions; and the part played by it in a development which saw Trinity Hall become the centre for the new Civil Law classes (1816–1857), the forerunner of the modern Cambridge Law Tripos.
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Kantor, Robert. "The Office and Tasks of the Dean in the First Synod of the Diocese of Tarnów." Teka Komisji Prawniczej PAN Oddział w Lublinie 16, no. 1 (June 30, 2023): 113–24. http://dx.doi.org/10.32084/tkp.5468.
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Deans, in the organisation of the Church, are to assist the diocesan bishop in the exercise of governance in the territory that is part of the diocese. This area is called a deanery. In the history of the Church, deans have been seen as assistants to bishops. This article discusses the attributes of the office and deans’ obligations as set out in the 1928 Synod of Bishop Leon Wałęga. The First Synod of the Diocese of Tarnów was a transmission belt that made the provisions of the 1917 Code of Canon Law a reality in the Diocese of Tarnów. The particular legislator, Bishop Leon Wałęga, encouraged the clergy to surround deans with the reverence and trust due to them, considering them as elder brothers who, on behalf of the authorities, performed demanding duties for the common good. To date, no comprehensive study of this topic has appeared. As a starting point for the reflection on the office of dean, the etymology of the word is discussed, followed by a brief look at its archetypes: chorepiscopi, visitators and archdeacons.
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Borshch, Irina. "Opposition "charismatic – institutional" in the Church Law theory of Eugenio Corecco (1931-1995)." St.Tikhons' University Review 101 (June 30, 2022): 9–25. http://dx.doi.org/10.15382/sturi2022101.9-25.
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The opposition of the categories of institutional and charismatic leadership has become a common topic of discussion in the social science of the XX century. However, this opposition has been discussed not only in sociology and political science, but also in theology and church law. This article is devoted to the charismatic-institutional concept of Eugenio Corecco (1931-1995), a Swiss Catholic canonist, Bishop of Lugano, a participant of the legal reform process in Catholic church law in the second half of the XX century. His concept was influenced by the legal theory of the German Catholic canonist Klaus Mersdorf, the ecclesiology of the Second Vatican Council, the ideas about the charisma of the founder of the Communione e Liberazione (Communion and Liberation) movement Luigi Giussani and, finally, the reform of the 1983 Code of Canon Law. The first part of the article discuss how Corecco approaches the problem of church institutions in the modern era, critically starting from the legacy of the Church Public Law school of the XIX - early XX centuries. The second part is devoted to solving the institution-charisma problem in Corecco’s theology of law. It is shown how from the ideas of the Munich school, founded by Mörsdorf, about the Word and the Sacrament as the pillars of church legal order, the Swiss canonist comes to the idea of charisma as an essential element of church order. Referring to the canonical theory of the Protestant lawer Rudolf Sohm about the antagonism of law and the spiritual nature of the Church, Corecco suggests solving this dilemma through the term communio, which is key for the ecclesiology of the Second Vatican Council. He emphasizes that law serves church communion, therefore, along with the liturgical heritage, the charismatic experience of the past and present should be reflected in the canons of church law. In the third part, the problem of charisma is clarified in connection with a priest status and preaching in modern and postmodern society. According to Corecco, the necessary response to the crisis of church discipline in the Catholic Church of the 1960s and 1970s could be found in the attempts of canonists to rethink the relations of the episcopate, clergy and laity in the Church. In this context, he particularly emphasizes the importance of the including of charismatic element in the reformed post-conciliar Catholic theology and church law.
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Nowak, Piotr. "Władza sądownicza biskupa galijskiego według Grzegorza z Tours." Vox Patrum 62 (September 4, 2014): 365–81. http://dx.doi.org/10.31743/vp.3591.
Full textAbstract:
From the examples preserved in literature of Gregory of Tours the Gallic Church in the 6th century accomplished a crucial role in the judiciary system of the age. Bishops used to resolve not only own matters concerning the clergy or Canon Laws but also used to pass judgements on various arguments in which lay people were the parties. The highest hierarch acted alone or in the presence of the lay judge and other participants of the dispute and was unquestionably fulfilling formal procedural line. In the judicial procedure the bishop was appearing mainly as a mediator, with hope to reach the compromise by using his own high prestige and following the current law. In this procedure he was guided by a principle of the Christian mercy, clearly considering the Church learning in settling matters according the God’s justice, for which to its own conviction, he was a representative. Gregory’s of Tours iustitia implied such ideas, like the faithful life, charitable activity and the fair revenge. Bishops of this period were appearing consciously in the role of God’s messengers spreading the peace and love, and having the duty to support and protect the poor. In this way bishops are using judicial activity as the form of the pastoral ministry. Through such an attitude they were undoubtedly contributing to create a new civilization and relief the barbaric customs of Dark Ages epoch.