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1
Doe, Norman. "Canon Law and Communion." Ecclesiastical Law Journal 6, no. 30 (January 2002): 241–63. http://dx.doi.org/10.1017/s0956618x0000449x.
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This paper deals, in an introductory way, with the role which the canon law of individual Anglican churches plays in the wider context of the global Anglican Communion. Part I reflects on the two main experiences which Anglicans have concerning ecclesial order and discipline: that of the juridical order of each particular church, and that of the moral order of the global communion; it also examines canonical dimensions of inter-Anglican conflict. Part II deals with the contributions which individual canonical systems, the Anglican common law (induced from these systems), and the canonical tradition currently make to global communion. Part III assesses critically these contributions, their strengths and weaknesses, illustrates the potential of individual canonical systems for the development of global communion, and reflects on practical ways in which that potential might be fulfilled. Generally, the paper aims to stimulate discussion as to whether there exists a sufficient understanding of Anglican common law to justify: (a) the issue, by the Primates Meeting, of a statement of this, being a description, which itself would not have the force of law, of those parts of Anglican common law which deal with inter-Anglican relations, (b) incorporation of the statement by individual churches in their own legal systems, so that (c) each church has a meaningful and binding body of communion law. in order (cl) to enhance global communion and inter-Anglican relations, and to reduce the likelihood of inter-church disagreement.
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Campbell, James. "The Use of the Term ‘Pastoral’ in the 1983 Code of Canon Law with Reference to the 1917 Code." Ecclesiastical Law Journal 20, no. 2 (May 2018): 173–84. http://dx.doi.org/10.1017/s0956618x18000054.
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This article compares the use of the term ‘pastoral’ in the canon law of the Western Latin Church as it occurred in the 1917 Pio-Benedictine Code of Canon Law and then in the revised Code of 1983. This is because the revised Code increased the use of the term ‘pastoral’ and I wish to see if its meaning had changed and, if so, in what way. Hence, the article considers how ‘pastoral’ occurred in the 1917 Code and then in the equivalent canons in the 1983 Code. There follows comparison with the earlier canons, which were sources for the 1983 canons to see if the term has changed in meaning and, if so, what that change is. I am interested to track the use of ‘pastoral’ because it has become ubiquitous in the churches and in society and has different meanings and expectations associated with it. As far as canon law and ecclesiastical law generally are concerned, it is interesting to consider how the term is used and this article is a contribution to an understanding of ‘pastoral’ in the law of the Roman Catholic Church.
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Petrak, Marko. "Kanonsko pravo i hrvatski pravni sustav (II). Codex Iuris Canonici i suvremeno hrvatsko pravo." Zbornik Pravnog fakulteta u Zagrebu 70, no. 5 (November 24, 2020): 675–708. http://dx.doi.org/10.3935/zpfz.70.5.04.
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This article analyzes the relationship between canon law as the legal system of the Catholic Church, to which a majority of Croatian citizens belong, and the Croatian legal system, focusing on the issue of canon law (ius canonicum) as a source of law in the Croatian legal system on the basis of concordatarian law (ius concordatarium), i.e. the four international treaties between the Holy See and the Republic of Croatia. As regards canon law, in this contribution the author takes into account only its most important source: the Code of Canon Law (Codex Iuris Canonici – CIC) of 1983, the undoubtedly most important codification of religious law in the world. Following the systematization of CIC into seven books, the author highlights particular provisions of the said treaties, which introduced into the Croatian legal system a series of institutes and provisions of canon law as binding normative contents. In addition, the author concludes that the Code represents a relevant conceptual and normative common framework for all provisions of the international treaties between the Holy See and the Republic of Croatia based on canon law or its institutes. To be more precise, a closer analysis of the provisions of the treaties between the Holy See and the Republic of Croatia leads to the conclusion that CIC has, in its totality, become a relevant source of law in the Croatian legal system. The author also refers to relevant Croatian scholarly literature on canon law, and in particular to the case-law of Croatian state courts which involves the application of certain canons of the Code, pointing out good examples of such application, and providing a critical view of particular cases in which, in the author's opinion, the courts made certain errors in the interpretation and application of some aspects of canon law. Finally, the research suggests that the significance of canon law, particularly Codex iuris canonici as its primary source, in the Croatian legal system is undoubtedly increasing, which is why its deeper understanding both by legal doctrine and by the legal practice is becoming a necessity.
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Sagovsky, Nicholas. "The Contribution of Canon Law to Anglican-Roman Catholic Ecumenism." Ecclesiastical Law Journal 13, no. 1 (December 13, 2010): 4–14. http://dx.doi.org/10.1017/s0956618x1000075x.
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Amongst the subjects discussed by the theologians of ARCIC, canon law has been conspicuously absent. The ecclesiology of koinonia, which is central to the work of ARCIC, has been of the greatest importance in ‘re-imagining’ the Church and so promoting ecumenism. It has faced received canon law with new questions: to what extent can canon law facilitate those structures and practices which undergird the ecumenical initiatives promoted by koinonia ecclesiology? Already, canon law provides for shared institutions and chaplaincies to institutions. Test areas for future ecumenical convergence include the reception of a member of one tradition by the other, ethics and suitability for ministry. The proposed Anglican covenant presents a challenge to the canon law of member churches within the Anglican Communion and may present a model for future ecumenical convergence. The work of canon lawyers in developing this and other new models for ecumenism is indispensable to a deeper and more extensive koinonia amongst the churches.
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Doe, Norman. "Gerald of Wales (c. 1146–1223): A Canonist Rediscovered." Ecclesiastical Law Journal 25, no. 2 (April 28, 2023): 192–210. http://dx.doi.org/10.1017/s0956618x23000078.
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2023 marks the 800th anniversary of the death of Gerald of Wales. Scholarship to-date has focused on Gerald's extensive non-legal literature. His contribution to canon law has hitherto been neglected. However, Gerald was a canon lawyer of considerable stature. He was a student and teacher of canon law, he administered canon law and defended it against the encroachment of the royal law, and he litigated in canon law to the highest level – the papal court in Rome.
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Greenwood, Ryan. "War and Sovereignty in Medieval Roman Law." Law and History Review 32, no. 1 (February 2014): 31–63. http://dx.doi.org/10.1017/s0738248013000631.
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The theory of just war in medieval canon law and theology has attracted to it a large body of scholarship, and is recognized as an important foundation for Western approaches to the study of ethics in war. By contrast, the tradition on war in medieval Roman law has not received much attention, although it developed doctrines that are distinct from those in canon law and theology. The oversight is notable because medieval Roman law on war influenced subsequent tradition, forming with canon law the essential basis for early modern legal thought on war and peace. While the main canonistic contributions to legal theory on war came in the twelfth and thirteenth centuries, Roman jurists added new opinion in the fourteenth and fifteenth centuries, which can be related to the political life of Italy and to the growth of the independent cities. By the fourteenth century, Roman lawyers (or civilians) often considered licit war from a secular and pragmatic perspective, and associated a right of war with sovereignty. Here, I would like to trace the development of this theory, from roughly 1250 to 1450, and particularly a view that sovereigns licitly judged the justice of their own causes, as a remedy for a lack of superior authority.
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Gałązka, Waldemar. "Życie i działalność naukowa Biskupa Profesora Walentego Wójcika." Biuletyn Stowarzyszenia Absolwentów i Przyjaciół Wydziału Prawa Katolickiego Uniwersytetu Lubelskiego 11, no. 1 (February 17, 2023): 31–42. http://dx.doi.org/10.32084/bsawp.5166.
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This article undertakes the issue of the life and scientific activity of Bishop Prof. Walenty Wójcik, particularly his contribution to the development of Polish and world history of canon law, ecclesiastical patrimonial law and relations between Church and State. The author presents the biography of Walenty Wójcik beginning with the schooldays. The following stage have been described in the article: the seminary, studies and work at Catholic University of Lublin, academic achievements in subject of theory of canon law, ecclesiastical patrimonial law, relations between Church and State.
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Witte, John, and Justin J. Latterell. "CHRISTIANITY AND HUMAN RIGHTS: PAST CONTRIBUTIONS AND FUTURE CHALLENGES." Journal of Law and Religion 30, no. 3 (October 2015): 353–85. http://dx.doi.org/10.1017/jlr.2015.29.
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AbstractThis article analyzes the historical sources and forms of human rights in Western legal and Christian traditions, and it identifies key questions about the intersections of Christianity and human rights in modern contexts. The authors identify nine distinctions between different conceptions of rights correlating with at least four types of jural relationships, and they argue that leading historical accounts of human rights attribute “subjective” rights too narrowly to Enlightenment and post-Enlightenment legal thought. Earlier forms of classical Roman law and medieval canon law, and legal norms developed by Protestant reformers of the sixteenth and seventeenth centuries shaped Western human rights regimes in historically important ways, anticipating most of the rights formulation of modern liberals. In response to contemporary scholars who criticize human rights paradigms as inadequate or incompatible with Christian faith and practice, the authors argue that rights should remain a part of Christian moral, legal, and political discourse, and that Christians should remain a part of pluralistic public debates about the appropriate scope and substance of human rights protections.
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Christinaki, Eirini. "The Undermined Contribution of Gregory the Theologian to Canon Law." Philotheos 14 (2014): 102–16. http://dx.doi.org/10.5840/philotheos2014149.
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Drąg, Wojciech. "The Curricular Canon of Twentieth- and Twenty-First Century British and Irish Literature at Polish Universities." Anglica Wratislaviensia 56 (November 22, 2018): 45–56. http://dx.doi.org/10.19195/0301-7966.56.4.
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In 2007 Philip Tew and Mark Addis released Final Report: Survey on Teaching Contemporary British Fiction, whose aim was to establish the most popular authors and works as taught by academics at British universities. The purpose of this article is to present the results of a similar survey, which examines the reading lists of British and Irish literature courses offered in the English departments of chosen Polish universities in Warsaw, Gdańsk, Toruń, Poznań, Łódź, Lublin, Wrocław, Opole and Kraków. A discussion of the results — most commonly taught writers and texts — is accompanied by an analysis based on an online survey of the lecturers’ motivations behind including certain texts and omitting others. I will argue that whereas the teaching canon of modernist texts appears fixed all the reading lists include works by James Joyce, Virginia Woolf, William Butler Yeats and T.S. Eliot, the canon of post-war and contemporary literature is yet to emerge. I shall also assert the appearance of the so called “canon lag” and review the selection criteria for the inclusion of canonical texts. The article concludes with a consideration of the texts that appear most likely to join the curricular canons at Polish universities in the near future. All the discussions are set in the context of critical contributions to the study of canonicity made by Harold Bloom, Nick Bentley, Dominic Head and others.
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Feenstra, R. "Bibliotheca frisica juridica, Bio-bibliografische notities over enkele weinig bekende Friese juristen." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 75, no. 2 (2007): 125–37. http://dx.doi.org/10.1163/157181907781352627.
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AbstractThis is the first part of a series on little known Frisian jurists from the end of the 15th until the beginning of the 17th century who have left printed editions of their works. The present contribution deals with three of them: Haring Sinnema (ca. 1465 – 1513), professor in Cologne and member of the Reichskammergericht, author of a primer on civil and canon law (1491); Boëtius Epo (1529 – 1599), professor at the counter-reformist University of Douai since its erection in 1562, whose works mainly concern canon law; Johannes Basius (ca. 1540 – 1596), agent and adviser of Prince William of Orange, author of Paradoxarum disputationum iuris civilis libri IIII (1575), known for excessive criticism on some wellknown humanist contemporaries.
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Turner, Ralph V. "Who Was the Author ofGlanvill?Reflections on the Education of Henry II's Common Lawyers." Law and History Review 8, no. 1 (1990): 97–127. http://dx.doi.org/10.2307/743677.
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The legal treatise calledGlanvillis proof that by the end of Henry II's reign men capable of shaping the custom of the Englishcuria regisinto a systematic law book were present at Westminster.Glanvillis “the first textbook of the English common law.” This treatise was written near the end of Henry II's reign and since the thirteenth century, it has borne the name of his justiciar, Ranulf de Glanvill, although not many scholars today accept his authorship. Why, then, should we raise once more the question: Who was the author ofGlanvill?It remains a valid question because it affords an opportunity for reflection on questions concerning schools, learning, and twelfth-century English society. It forces us to consider the connections among the emerging English common law, the schools, the Scholastic method, and the study of Roman and canon law. It requires us to consider the contributions of Roman and eccesiastical law to Henry II's legal reforms.
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Scheiber, Harry N. "Taking Legal Realism Offshore: The Contributions of Joseph Walter Bingham to American Jurisprudence and to the Reform of Modern Ocean Law." Law and History Review 26, no. 3 (2008): 649–78. http://dx.doi.org/10.1017/s0738248000002601.
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A conscientious reading of the rich historical literature on the American Legal Realist movement would provide no suggestion that any of the academic writers and other commentators in that movement ever gave the slightest attention to international law.1 It is entirely understandable that the Realists should be remembered as having been concerned exclusively with the analysis and reform of domestic jurisprudence and legal process; for there was only one exception, in this regard, and this was the Stanford law professor Joseph Walter Bingham. Bingham (1878-1973) is a figure who has been almost entirely neglected by historians of legal thought.2 And yet he was one of the earliest American legal commentators to promote an iconoclastic, reformist approach to the common law and American constitutional law. His writings in the 1910s and 1920s, as will be discussed further here, were important early-day contributions to the development of what would become the central canon of Legal Realism. His uniqueness among the Realists rests in the fact that he would go on to play a prominent part in contending for a basic reform in international law during the decades that followed.
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Galed, Daniel Ortega. "Tindak Pidana Apostasia (Murtad) Studi Kanonik." Studia Philosophica et Theologica 22, no. 1 (April 23, 2022): 138–57. http://dx.doi.org/10.35312/spet.v22i1.408.
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Apostasia, in the penal canon law, is one of the most serious offences. There are at least two fundamental reasons for this; first, apostasia is a direct attack on Christian faith, a fundamental aspect of spiritual life, and secondly, from a juridical perspective, the prescribed canonical sanction is one of the very limited penalties imposed by the codex, namely excommunication latae sententiae (cf. can. 1318). The apostasy is a sensitive and actual topic and therefore needs to be understood properly in order to gain a more comprehensive understanding of it. The concern about the cases of apostasy within the Catholic Church make us learn more about how and when someone really leaves the Catholic faith totally. At the same time, we are invited to understand the various juridical consequences established by canon law for this offence. The ultimate goal of this study is to make a conceptual contribution to the act of apostasia through canonical analysis and to explain how the punishment of excommunication is abolished. The Church through its juridical system judges and at other times also facilitates how the concrete conversions are realized.
Keywords: Apostasia, penal canon law, censura, excommunication, the remission of canonical penalties
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Kemp, Eric. "The Spirit of the Canon Law and its Application in England." Ecclesiastical Law Journal 14, no. 1 (December 5, 2011): 5–19. http://dx.doi.org/10.1017/s0956618x11000731.
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Bishop Eric Kemp was a canonist when such practice had yet to become fashionable once more. He was instrumental in the formation of the Ecclesiastical Law Society and served as its President from the creation of the Society until his death on the eve of Advent Sunday in 2009. He was a member of this Journal's Editorial Advisory Board from 1987 until 2002. The first issue of this Journal ran to 34 pages. The only substantive article, taking up more than half of its content, was by Eric Kemp. In celebration of the Silver Jubilee of the Journal and in recognition of its first President's contribution to its establishment and subsequent flourishing, this article is reproduced, lightly updated and annotated by the current Editor, who was pleased and proud to serve as Bishop Kemp's last chancellor in the Diocese of Chichester.1
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Doe, Norman. "The Contribution of Common Principles of Canon Law to Ecclesial Communion in Anglicanism." Ecclesiastical Law Journal 10, no. 1 (December 3, 2007): 71–91. http://dx.doi.org/10.1017/s0956618x08000902.
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AbstractAn important recent development in worldwide Anglicanism is the emergence over recent years of a project to articulate the principles of canon law common to the churches of the Anglican Communion. This project seeks to express the juridical character of Anglicanism from a global perspective, not only to underscore the many fundamental values that Anglicans share in terms of their polity, ministry, doctrine, liturgy, rites and property, going to the very roots of Anglican identity, but also as a concrete resource for other churches in ecumenical dialogue with Anglicans. This article traces the development of the so-called ius commune project, describes the methodological challenges which it faces, and the process of producing a draft. It also seeks to compare the project with the juridical experiences of other international ecclesial communities, and briefly to place the project in the context of the debate about the adoption of an Anglican Covenant, an initiative proposed by the Lambeth Commission in 2004.
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Doe, Norman. "The Contribution of Common Principles of Canon Law to Ecclesial Communion in Anglicanism." International journal for the Study of the Christian Church 8, no. 2 (May 2008): 93–111. http://dx.doi.org/10.1080/14742250801930806.
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de Wildt, Kim. "Ritual Void or Ritual Muddle? Deconsecration Rites of Roman Catholic Church Buildings." Religions 11, no. 10 (October 10, 2020): 517. http://dx.doi.org/10.3390/rel11100517.
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The decrease in people who regularly celebrate liturgy in western Europe has led to the question of what to do with so-called obsolete church buildings. This question not only refers to whether or not a church building will be converted, reused or demolished, but also to the question of whether or not such a building needs to be deconsecrated, and if so, what does deconsecration of a church building actually entail? In this contribution, I will consider the role deconsecration rites play in the Roman Catholic church when a church building is taken out of liturgical use. In Roman Catholic liturgy, there are no prescribed, official deconsecration rites that are mandatory for a church building that is to be taken out of liturgical use. The actual deconsecration of a church building is, according to canon law, established by a decree that is issued by the responsible diocesan bishop. In the case of a church being taken out of liturgical use, however, there seems to be a shift from having a ritual void with regard to deconsecration rites, and also a focus on the “legitimate” way (in the sense of canon law) to deconsecrate a church building (object orientation), towards, in recent decades, paying more attention to a growing pastoral need (subject orientation) for deconsecration rites. These new ritual initiatives can be regarded as forms of pastoral care intended to help parishioners cope with the loss of their church building. I will show that different interpretations of canon law articles complicate straightforward answers to the question of which arguments are legitimate to deconsecrate a church. Furthermore, I will address the “ritual muddle”, the mixture of the actual deconsecration act in the sense of canon law and deconsecration rites that, from the perspective of canon law, do not effect church deconsecration. I will also address the differentiation between desecration and deconsecration, address historical forms of deconsecration rites and pay attention to the making and unmaking of sacred space. Finally, I will focus on contemporary deconsecration rites against the background of the complex reality in which such rites are situated.
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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.
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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.
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Druwé, Wouter. "Loans and Credit in the Canon Law Consilia of Wamesius (1524-1590)." Tijdschrift voor rechtsgeschiedenis 85, no. 1-2 (June 22, 2017): 230–71. http://dx.doi.org/10.1163/15718190-08512p09.
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Johannes Wamesius (1524-1590), a professor of law at the Leuven university, was often asked for his expert opinion on concrete legal cases. Two volumes of (altogether) 600 so-called consilia de iure pontificio were published posthumously by his successor Étienne Weyms. After a short introduction, this article focuses on twenty canonical consultations. Those twenty consilia all concern questions of credit and money-dealing. This contribution first discusses Wamesius’ method and presents the parties and competent authorities involved. Secondly, attention is paid to how Wamesius deals with the plurality of legal sources. In a third step, Wamesius’ views on usury, as well as his consultation on a case of coinage are discussed. Finally, some concluding observations are offered.
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Bertram, Martin. "Bertram, Martin, Die Handschriften des Liber Clementinarum des Johannes de Imola (1404)." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 105, no. 1 (June 26, 2019): 180–225. http://dx.doi.org/10.1515/zrgk-2019-0007.
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Abstract The manuscripts of the Liber Clementinarum of Johannes de Imola (1404). As the author of this contribution has already argued in other occasions, in this paper he would like to highlight once more the importance of manuscripts for research in the literature of late medieval canon law. Manuscript witnesses of canon law literature after 1234 have never been subject of systematic review. This offers an explanation for the fact that this period has been largely disregarded in modern research. The example, chosen for this paper, shows that in particular the makeup and the external features of the manuscripts provide insights which paradoxically may be more revealing than the text itself: The commentary on the Constitutiones Clementinae by the Bolognese doctor utriusque iuris Iohannes de Imola (ca. 1375-1436) is preserved in more than 30 manuscripts, which contain an amazing amount of information regarding dates, scribes, commissioners and owners; last but not least, these manuscripts were continued seamlessly by a series of early printed editions. Altogether, they offer a vivid picture of the making, the proliferation and the use of Iohannes's work.
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Cryer, R. "International Criminal Tribunals and the Sources of International Law: Antonio Cassese's Contribution to the Canon." Journal of International Criminal Justice 10, no. 5 (November 30, 2012): 1045–61. http://dx.doi.org/10.1093/jicj/mqs075.
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Brasington, Bruce. "II. Power as Privilege: The Maxim Privilegium meretur amittere, qui potestate sibi concessa abutitur." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 109, no. 1 (June 1, 2023): 53–72. http://dx.doi.org/10.1515/zrgk-2023-0002.
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Summary We trace the transmission and influence of a late-antique maxim, “Privilegium meretur amittere, qui potestate sibi concessa abutitur” [PMA] down to the early modern period. Appearing first in a decretal of Pope Simplicius, it spread not only through the canon law but also into a variety of other texts, for example theological and political treatises. PMA deserves attention alongside the more famous “Quod omnes tangit, ab omnibus approbetur” through its contribution to the idea of limited government.
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Held, Henrik-Riko. "Review: International Memorial Course Marko Petrak “Roman Legal Tradition and Contemporary Legal Systems”, Dubrovnik, 16-18 October 2023." Zbornik Pravnog fakulteta u Zagrebu 73, no. 4 (November 30, 2023): 793–96. http://dx.doi.org/10.3935/zpfz.73.4.07.
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The first issue of the International Memorial Course Marko Petrak – Roman Legal Tradition and Contemporary Legal Systems, organised by the Faculty of Law in Zagreb, was held at the Inter-University Centre in Dubrovnik from the 16th to 18th of October 2023. The course was organised in honour and memory of eminent professor and scholar, the late lamented Marko Petrak. The course was planned by the co-directors from different European universities (University of Zagreb; University of Trento; University of Warsaw; Jagiellonian University, Kraków; Autonomous University of Barcelona; University of Sarajevo), while the main organisers from the Faculty of Law in Zagreb were Professor Tomislav Karlović and Associate Professor Henrik-Riko Held. The course was attended by forty participants: students from various European countries (Slovenia, Poland, Croatia, Bosnia and Herzegovina, Italy, etc.) and eminent professors and scholars from various distinguished European universities and institutions (e.g. Trento, Torino, Ferrara, Macerata, Frankfurt am Main, Kraków, Warsaw, Ljubljana, etc.). The organizers and the participants were also joined by Marko Petrak’s mother, Professor Jelka Petrak (Faculty of Medicine, University of Zagreb). During the course various topics were covered in three thematic blocks: Roman Legal Tradition, Methodology and Teaching of Roman Law in Contemporary World (first day), Roman Legal Issues (first and second day) and Medieval and Canon Law Contributions to the Roman Legal Tradition and vice versa (third day).
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Rehak, Martin. "VII. Utrum parvuli sint invitis parentibus baptizandi? Eine Spurensuche nach den Wurzeln des can. 868 § 2 CIC." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 101, no. 1 (August 1, 2015): 258–316. http://dx.doi.org/10.7767/zrgka-2015-0110.
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Abstract Utrum parvuli sint invitis parentibus baptizandi? A quest for the roots of can. 868 § 2 CIC [Code of Canon Law]. The present contribution examines the theological and canonistic discussion on whether children are to be baptized contrary to their parents’ will. For that purpose, the opinions of famous authors of the 12th to the 18th century as well as the relevant decisions of roman dicasteries from the 17th to the 19th century are portrayed.
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González, OP, Javier. "Shrines in Ecclesia in Asia and in Canon Law: Their Contribution to the Evangelization in Asia." Philippiniana Sacra 38, no. 114 (2003): 523–51. http://dx.doi.org/10.55997/ps3005xxxviii114a5.
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Groszkowski, Jakub, and Hubert Skierkowski. "Rozwój prawa spadkowego w przedrozbiorowej Polsce." Civitas et Lex 34, no. 2 (May 15, 2022): 35–46. http://dx.doi.org/10.31648/cetl.7097.
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The authors analyze the development of succession law on the basis of available sourcesin pre-partition Poland including the most important institutions. They attempt to search for thegenesis of inheritance, and they emphasize the great role of inheritance law during the early feudalmonarchy. They distinguish factors influencing the formation of law in Poland, such as customarylaw, statute law, canon law and German law. They describe the beginnings of inheritance relatingonly to movable things. Explain concepts emerging with the development of inheritance law such asgender fragility. They undertake an analysis of the meaning of the form of the will, which in Polandwas initially oral, and from the 13th century established itself as a written regulation of thetestator’s last will in case of death. They conclude on the process of development of inheritance lawin pre-partition Poland as an instrument of legislators to achieve their goals, which may constitutean interesting contribution to further discussion.
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Kaleta, Ks Paweł. "The Bishop's Right to Parish Taxation." Studia Prawnicze KUL, no. 1 (July 1, 2021): 127–42. http://dx.doi.org/10.31743/sp.10791.
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The diocesan tax is a compulsory cash benefit imposed on the income of both a juridical person and a physical person. There are two types of tax in canon law: ordinary and extraordinary tax. Although the Pontifical Council for Legislative Texts issued the authentic interpretation of c. 1263 and ruled that tax may not be imposed on Mass offerings, some doubts might arise as to the legitimacy of the tax imposed on “other physical persons”. The conciliar Decree Christus Dominius states that priests are to contribute from their clerical income for the needs of the diocese “according to the bishop’s determination”. As such, tax may be imposed only in the event of grave necessity determined by the diocesan bishop following consultation with advisory bodies. Extraordinary exaction by its very nature should be understood as the voluntary offerings of clerics as their contribution for a specific diocesan purpose. The aim of the article is to draw attention to the legal requirements for imposing an extraordinary tax, the motives for establishing it, as well as possible tax exemptions. The analysis of the article is based on an exploration of the history of development of c. 1263; the concept of tax in canon law; extraordinary exaction; the subject of extraordinary exaction; the qualities of the extraordinary exaction; legal requirements of imposing extraordinary exaction; the question of income.
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Baker, J. H. "Famous English Canon Lawyers: VIII Edmund Gibson, D.D. († 1748) and David Wilkins, D.D. († 1745)." Ecclesiastical Law Journal 3, no. 17 (July 1995): 371–78. http://dx.doi.org/10.1017/s0956618x00000375.
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Since our next pair were not lawyers at all. it may seem rather incongruous to include them in the company of ‘canon lawyers’. Yet it would be pedantic to exclude them from a survey of English canonistic literature for want of the requisite formalities, especially since their collections of legal sources have been so widely consulted by ecclesiastical lawyers down to the present. Both their endeavours were prompted, indirectly, by a fierce controversy over the constitution of the Church of England and the historic role of Convocation; but, unlike much of the polemical literature spawned by that debate, the works of Gibson and Wilkins each made a more enduring contribution to the history of English ecclesiastical law.
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Saydazimova, Umida T. "The Classic Period is About the Coverage of Universal Issues In Korean Literature." Journal of Law and Sustainable Development 11, no. 12 (December 6, 2023): e2377. http://dx.doi.org/10.55908/sdgs.v11i12.2377.
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Objective: This article delves into the classic period of Korean literature, focusing on the coverage of universal issues within the literary works of that era. The objective of the article is to analyze and identify the universal themes and issues addressed in Korean literature during the classic period, highlighting their relevance and impact on a global scale.
Method: The methods employed in this study involve a comprehensive review and analysis of classic Korean literary texts, as well as an examination of historical and cultural contexts. Through this approach, the study aims to uncover the prevalent universal themes such as love, conflict, human nature, and socio-political dynamics within the classic Korean literary corpus.
Result: The results of the article reveal that the classic period of Korean literature demonstrates a remarkable resonance with universal human experiences and emotions, transcending cultural and geographical boundaries. The literature of this era provides profound insights into the fundamental human condition, offering a unique perspective that is both distinctive to Korean culture and universally relatable.
Conclusion: Conclusion part includes, the findings underscore the significance of classic Korean literature in addressing universal issues and themes, contributing to the enrichment of world literature. The study advocates for the recognition and appreciation of Korean literary classics as valuable contributions to the global literary canon, fostering cross-cultural understanding and appreciation of universal human experiences.
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TURNER, MICHAEL J. "THE ‘BONAPARTE OF FREE TRADE’ AND THE ANTI-CORN LAW LEAGUE." Historical Journal 41, no. 4 (December 1998): 1011–34. http://dx.doi.org/10.1017/s0018246x98008140.
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This article seeks to re-balance the canon of anti-corn law leadership by examining the ideas and activities of Thomas Perronet Thompson. A relatively neglected figure in modern accounts of the Anti-Corn Law League and repeal in 1846, Thompson was acknowledged in his own lifetime as an outstanding campaigner whose role in the work of the League and in the mobilization of opinion was exceptional. This article investigates Thompson's free trade principles, and uses his pamphlets, articles, correspondence, speeches, and organizational efforts to create a vivid impression of repeal agitation in the 1830s and 1840s. Personal relationships between anti-corn law leaders are examined, as are the links between their movement and such other phenomena as Chartism and the campaign for factory reform. The article stresses the central importance of Thompson in the achievement of repeal and, by using his contribution as a point of entry, seeks to promote a deeper understanding of the anti-corn law creed and its modes of organization, campaigning, publicity, and propaganda.
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Vandermeulen, Wout. "Modest building blocks." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 91, no. 3-4 (December 22, 2023): 427–70. http://dx.doi.org/10.1163/15718190-20233401.
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Summary This article seeks to contribute to the growing current of legal historical literature on early modern commercial law. It examines the topic of monopolies and their prohibition in the Codex of Justinian (C. 4,59,2). Its purpose is to explore one aspect of the renewed interest in the topic among lawyers and theologians in the early 16th century, when trading corporations and authorities worldly and ecclesial caused a proliferation of monopolies. The aspect in question is the source material from the legal and theological tradition that early modern authors had at their disposal. Through analysing the printed editions of medieval works from Roman and canon law and from theology, this contribution sketches an image of scattered attention and a strong focus on guilds until the very last years of the Middle Ages. Only after 1450 do the roots of the notions that would dominate later debates come to the fore, and near exclusively in the works of moral theologians such as Konrad Summenhart.
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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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Fisher, Talia. "Force and Freedom: Can They Co-exist?" Canadian Journal of Law & Jurisprudence 24, no. 2 (July 2011): 387–402. http://dx.doi.org/10.1017/s0841820900005221.
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Force and Freedom, a new book by Professor Arthur Ripstein, offers a comprehensive and highly sophisticated articulation of Kant’s legal and political philosophy. While Kant’s thinking on metaphysics and ethics has received paramount attention in the academic discourse, his contribution to legal and political theory has been somewhat marginalized. One reason for Kant’s exclusion from the central canon of political and legal philosophy is the abstract and very complicated nature of Kantian writing on law and political power, most particularly in the Doctrine of Right. Another reason is the difficulties many writers have encountered in their attempts to reconcile Kant’s political and legal writing with his moral philosophy. Against this background, the novelty and importance of Force and Freedom cannot be overstated.
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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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Mendenhall, Allen. "Jefferson’s “Laws of Nature”: Newtonian Influence and the Dual Valence of Jurisprudence and Science." Canadian Journal of Law & Jurisprudence 23, no. 2 (July 2010): 319–42. http://dx.doi.org/10.1017/s0841820900004951.
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Jefferson appears to have conceived of natural law rather differently from his predecessors - namely, Saint Thomas Aquinas, Richard Hooker, Hugo Grotius, Samuel von Pufendorf, John Locke, and, among others, William Blackstone. This particular pedigree looked to divine decree or moral order to anchor natural law philosophy. But Jefferson’s various writings, most notably the Declaration and Notes on the State of Virginia, champion the thinking of a natural historian, a man who celebrated reason and scientific method, who extolled fact over fancy, material over the immaterial, observation over superstition, and experiment over divine revelation. They reveal, in other words, an Enlightenment homme du monde, a veritable encyclopedia of knowledge, able to discourse on any number of topics and to confront, as it were, his overseas counterparts, George Louis Leclerc and Comte de Buffon. Jefferson’s jurisprudence pivots on the dual valence of law and science. Jurisprudes have mostly ignored the sometime symbiotic relationship of law and science, just as they have downplayed or altogether ignored Jefferson’s unique contributions to legal philosophy. How does Jefferson’s natural philosophy conceptualize law? Science is all about studying objects and predicting their behaviors. If law is more than bills or statutes or glorified pieces of paper - if it is intangible but somehow immanent - how does one collect or observe it in nature? What is its ontology? Its epistemology? How do we discover it? How do we experiment with it? In what way is it, as Jefferson apparently believed, innate to humankind? This article will consider all of these questions while arguing for the inclusion of Jefferson into what I call the “natural law canon” of jurisprudence. I submit that Jefferson’s ideas about nature are tied to his ideas about reason and that his scientific approach to jurisprudence was not only innovative but nearly unprecedented. I have divided the article into two sections, the first dealing with Jefferson as a counteractive force to the positivist jurisprudence of Jeremy Bentham and John Austin, and the second dealing with such issues of materiality, reason, and experiment that make Jefferson’s jurisprudence truly distinctive. I am less concerned with tracing snippets of Jefferson’s writing back to Newton’s precise works or quotes than I am with demonstrating how Jefferson’s jurisprudence appropriates science, what makes that appropriation unique, and why that appropriation matters to a 21st century audience. These concerns alone should merit Jefferson’s inclusion in jurisprudence textbooks.
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Amir, Ahmad Nabil. "Ahmad Ibrahim dan Pengislaman Sistem Hukum di Malaysia." Journal of Muwafaqat 5, no. 2 (October 31, 2022): 53–72. http://dx.doi.org/10.53840/muwafaqat.v5i2.113.
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Kertas ini mengkaji sumbangan Prof. Ahmad Ibrahim dalam usahanya merangka dan menjayakan gagasan Islamisasi undang-undang di Malaysia. Beliau telah membangunkan kerangka perundangan Islam yang bernafaskan prinsip hukum dan syariat yang dilakarkannya bagi menggantikan undang-undang sivil yang diwarisi dari penjajah. Menurutnya pindaan terhadap undang-undang sivil harus diusahakan dengan bijaksana dan berperingkat. Beliau berhujah bahawa undang-undang Islam telah diterima dan dilaksanakan dalam Kanun Melaka, Terengganu dan Kedah dan dipertahankan sejak Islam masuk ke rantau ini sebelum dihapuskan oleh penjajah. Undang-undang syariah menurutnya lebih baik dan telah memperlihatkan kecemerlangan dalam penerapannya di negara-negara Islam dalam mengurangkan kadar jenayah. Kertas ini akan mengkaji secara terperinci kaedah yang diusulkannya bagi menerap dan mengaplikasi undang-undang Islam seperti yang dicerakin dan dibincangkan dalam karya-karyanya. This paper explores the work and contribution of Prof. Ahmad Ibrahim in his effort to Islamize law in Malaysia. He had proposed and constructed comprehensive and unprecedented structure of instructive and highly possible method to Islamize law and to espouse and bring about harmonization of Islamic and civil law of the British colonies. The reform and Islamization of law undertake was brought forth with strategic move and develop in step. This is to replace the draconian law inherited from the colonialist, arguing that Shariah canon law had been implemented in Malacca, Terengganu and Kedah before being abolished by the colonial, and that its application has been proving superior to reducing crime rates. This paper analysed in depth his method to apply Islamic law as set forth in his works and his consistency to espouse instructive ways for the realization of the shariah spirit in contemporary context.
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Patriarca, Giovanni. "Introductory Reflections on Scholastic Economic Thought." Iberian Journal of the History of Economic Thought 8, no. 1 (April 19, 2021): 81–92. http://dx.doi.org/10.5209/ijhe.71277.
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This essay provides a general overview of the development of economic theories in Thirteenth and Fourteenth centuries in the light of the latest studies and offers new perspectives for future investigations. Scholasticism is a milestone in the history of Western philosophy as well as its contribution to scientific method and innovation. At the end of the Middle Ages, the ideal of shared norms and values clashes with the tensions of commercial transformation. In this historical framework – characterized not only by an unprecedented international trade and new financial institutions but also by a sort of proto-empiricism – the philosophical speculation tries to find a unitary “way of knowledge” between the legitimacy of individual interests and the primacy of general principles. This interdisciplinary effort is based on the innovative interpretation of theology, (natural) philosophy, Roman and Canon law such as local customary rules applied to the emergent economic issues.
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Bracken, David. "The Pastoral Function of Church Archives: A Reflection on the Theological, Juridical and Pastoral Context of Roman Catholic Diocesan Archives." Irish Theological Quarterly 82, no. 1 (January 15, 2017): 60–71. http://dx.doi.org/10.1177/0021140016674278.
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This article explores the theological, juridical, and pastoral context of Roman Catholic archives, and diocesan and parochial archives in particular, through the lens of a letter circulated by the Pontifical Commission for the Cultural Patrimony of the Church, The Pastoral Function of Church Archives. The letter acknowledges the spiritual importance of church archives for the believing community as a vector of the tradition but also recognizes the cultural and historical significance of church archives both for Catholics and the wider community. While the legal requirements of canon law are fundamental to the discussion, the commission invites the church to move beyond a narrow juridical understanding of archives. A convincing contribution to an emerging theology of church archives, with concrete suggestions for the establishment and improvement of diocesan archival services, the document constitutes a particular challenge to Irish dioceses where the archival sector remains underdeveloped.
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Telliel, Yunus Doğan. "Introduction." Comparative Studies of South Asia, Africa and the Middle East 39, no. 3 (December 1, 2019): 495–99. http://dx.doi.org/10.1215/1089201x-7885447.
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Abstract This essay introduces a special section on Islam and evidence with contributions by Ana Maria Vinea, Junaid Quadri, and Yunus Doğan Telliel, and an afterword by Alireza Doostdar. The contributors examine evidential inquiries in Islamic law, healing practices, and scriptural interpretation. This special section shows that discourses of evidence not only are at the center of major debates concerning Islam's authoritative sources (e.g., how to derive injunctions from the Quran, the prophet's practice, fiqh canons, etc.), but also shape knowledge practices at the intersection of Islam and modern science.
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Griger, Patrik. "Vývoj vzťahu Andreja Cvinčeka k episkopátu vo svetle jeho politickej činnosti pred prvou svetovou vojnou, v medzivojnovom období a v rokoch 1945 – 1948." Kultúrne dejiny 14, Supplement (2023): 147–63. http://dx.doi.org/10.54937/kd.2023.14.supp.147-163.
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Andrej Cvinček was a politically active priest. His involvement in politics was also noticed by the episcopate, especially by his superiors, the bishops of Nitra, who were authorised to control and approve his political activity in the light of canon law and the doctrine of the Church. In the present paper we want to analyse both Cvinček’s relations with the bishops and the influence of the episcopate on his views and actions in politics. For the sake of comparison, we have chosen three periods of Cvinček’s life that had different parameters in his political and ecclesiastical position. Before 1918, Cvincek was a young enthusiast of popular politics, but also a poor chaplain interspersed among Slovak village parishes. In the interwar period he became a canon, but found himself in the minority in Slovak political Catholicism. After the Second World War, Cvinček experienced a remarkable return to politics, in which he achieved a much more important position than in previous periods, and so his political importance also increased in the eyes of Slovak bishops. The aim of this paper is thus to examine Cvinček’s political career in the light of the fact that he was a Catholic clergyman. The priestly component of Andrej Cvinček’s personality is as essential to our research as the political one. Against this background, we can also observe the development of the ideas that were promoted in the ecclesiastical milieu. Therefore, our study intends to be a contribution not only to the knowledge of Cvincek in the light of political changes, but also to place his personality in the context of ecclesiastical development.
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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.
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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.
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Phull, Kiran, Gokhan Ciflikli, and Gustav Meibauer. "Gender and bias in the International Relations curriculum: Insights from reading lists." European Journal of International Relations 25, no. 2 (August 20, 2018): 383–407. http://dx.doi.org/10.1177/1354066118791690.
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Following growing academic interest and activism targeting gender bias in university curricula, we present the first analysis of female exclusion in a complete International Relations curriculum, across degree levels and disciplinary subfields. Previous empirical research on gender bias in the teaching materials of International Relations has been limited in scope, that is, restricted to PhD curricula, non-random sampling, small sample sizes or predominately US-focused. By contrast, this study uses an original data set of 43 recent syllabi comprising the entire International Relations curriculum at the London School of Economics to investigate the gender gap in the discipline’s teaching materials. We find evidence of bias that reproduces patterns of female exclusion: 79.2% of texts on reading lists are authored exclusively by men, reflecting the representation of women neither in the professional discipline nor in the published discipline. We find that level of study, subfield and the gender and seniority of the course convener matter. First, female author inclusion improves as the level of study progresses from undergraduate to PhD. This suggests the rigid persistence of a ‘traditional International Relations canon’ at the earliest disciplinary stage. Second, the International Organisations/Law subfield is more gender-inclusive than Security or Regional Studies, while contributions from Gender/Feminist Studies are dominated by female authorship. These patterns are suggestive of gender stereotyping within subfields. Third, female-authored readings are assigned less frequently by male and/or more senior course conveners. Tackling gender bias in the taught discipline must therefore involve a careful consideration of the linkages between knowledge production and dissemination, institutional hiring and promotion, and pedagogical practices.
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Tarkowski, Mikołaj. "PRAWO PUBLICZNE NA UNIWERSYTECIE STEFANA BATOREGO W WILNIE." Zeszyty Prawnicze 9, no. 1 (June 25, 2017): 191. http://dx.doi.org/10.21697/zp.2009.9.1.08.
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Public Law at The University of Stefan Batory in VilniusSummaryThe Law Faculty and Social Science of University of Stefan Batory was a centre of the science of Vilnius lawyers in the interwar period. Examinations and lectures were run both in the field of the public law, private, as well as of support sciences of the law. The article is devoted to the learning of the public law and his academic teachers. Lectures directed for getting to know such objects as the constitutional, church, criminal, tax and administrative law were run on different ranks of studies (from II till the IV year). Syllabus were made up on the basis of provisions of the law about the academic education.In the period of the interwar period discussions took place about their shape. In them professor Eugeniusz Waśkowski, who proposed the legal specialization in senior years supplemented took the active participation for historical researches concerning the institution from the scope of individual branches of the law.In frames this way constructed among others constitutionalists gave a lecture. Among them professor Wacław Komarnicki participated in scientific trips to West-European cities – particularly to Paris. He also contributed to the development of the learning of the public law with one’s work professors Alfons Parczewski and Bolesław Wilanowski who dealt with the canon law and laid them out together with marital rights. Analysing the contribution of Vilnius lawyers to academic achievements of the Polish learning of the criminal law, it is impossible to forget about examinations conducted by professors Bronisław Wróblewski and Stefan Glaser. B. Wróblewski cooperated closely with a more late professor of the Wrocław University Witold Świda. Next, S. Glaser joined in the discussion about legal-medical aspects of abortion.Among this circle it is needed to mention about professor Mieczysław Gutowski – the editor of the periodical Works of the Seminar from the Finances and the Revenue law and the Statistics. There is also described an academic activity of professor Jerzy Panejko, who was concentrated in examinations on the subject matter of the local government and professional council.The Vilnius legal thought survived throughout the period of the II World War. W. Świda, B. Wilanowski and A. Mycielski were continued lectures in the country. Especially W Komarnicki, W. Sukiennicki, or also S. Glaser began the teaching and scientific work at foreign colleges. They cultivated the Vilnius legal thought given rise to and looked after in the interwar period.
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Krzyżowski, Tomasz. "Starodruki z kolekcji arcybiskupa Józefa Teodorowicza: przyczynek do badań bibliofilstwa w środowisku Ormian polskich." Lehahayer 9 (December 19, 2022): 135–51. http://dx.doi.org/10.12797/lh.09.2022.09.06.
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ANTIQUE BOOKS FROM THE COLLECTION OF ARCHBISHOP JÓZEF TEODOROWICZ: A MINOR CONTRIBUTION TO THE RESEARCH OF BIBLIOPHILISM IN THE ENVIRONMENT OF THE POLISH ARMENIANS
Armenian Archbishop Józef Teodorowicz (1864-1938) had a collection of antique books, comprising at least 145 titles in a few languages: Latin, Polish, German, and French. Armenian antique books, published with great artistry in Venice and Constantinople, were especially interesting among these works. It was determined that over 80 percent of collection concerned different branches of theology. The rest, i.e. 20 percent, included works of philosophy, ethics, canon law, rhetoric, literature, and linguistics. During the Second World War, after the capture of Lwów by Soviet troops, the collection was partially destroyed and dispersed. In August 1940, preserved fragments were included into the collections belonging to the Library of the Academy of Sciences of the Ukrainian Socialistic Soviet Republic (Lviv Branch). Today, the preserved fragments of the collection from the library of Archbishop Teodorowicz are kept in two institutions: the Division of Antique Books of the Wasyl Stefanyk National Scientific Library in Lviv and the Unit of Antique Books of the Ossoliński National Institute in Wrocław.
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Zhao, Rongjian, Jinxia Li, Shuhua Liu, Jun Zhang, and Yadong Duan. "Predicting Carbon Storage Jointly by Foliage and Soil Parameters in Pinus pumila Stands along an Elevation Gradient in Great Khingan." Sustainability 15, no. 14 (July 19, 2023): 11226. http://dx.doi.org/10.3390/su151411226.
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Alpine dwarf pine populations are dwelling in a climate-sensitive habitat, where detection of the carbon (C) cycle is still valued for sustainability. Foliar and soil parameters are key factors that combine to jointly affect aboveground C storage in alpine ecosystems, but how they generate combined contributions to aboveground C in alp dwellers still needs more research. In this study, Pinus pumila, a typical alp dwarf pine species in a canyon of the Great Khingan Mountain, was focused on. Their natural populations were investigated for individual growth and needle and soil parameters in plots across six categorized elevations from 800 m to 1200 m. Aboveground C storage was estimated by three allometric models which were all found to increase against increases in elevation. Along the increasing elevational gradient, needle concentrations of nitrogen (N) and phosphorus (P) both showed decreasing trends, but activities of N and P assimilation enzymes and chlorophyl contents, as well as the soil contents of ammonium N and organic matter, all showed increasing trends. Multiple linear regression models indicated that elevation (parameter estimate, PE: +0.01), needle P (PE: +0.66) and chlorophyl contents (PE: +0.60) made jointly positive contributions to estimated C storage while soil pH had a negative contribution (PE: −1.80). For the purpose of sustainable C fixation by alp P. pumila populations, strategies should be considered to increase P availability and control high soil pH. Our results fill the gap about C storage and driving forces in alpine ecosystems, and their applications are not limited to being referenced by other alpine plants.
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Bonney, Richard. "Bodin and the Development of the French Monarchy." Transactions of the Royal Historical Society 40 (December 1990): 43–61. http://dx.doi.org/10.2307/3679162.
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THE ‘history of ideologies’ is now very much the vogue since Professor Quentin Skinner's fine study onThe foundations of modern political thought. Whether or not one agrees with all aspects of his interpretation of Bodin—and Dr Parker might argue that it fails to draw out sufficiently the moral philosopher inside the jurist, while Professor Rose might prefer to stress the Judaizing tendencies of the theorist as a central preoccupation—it is a testament to the decisive impact made by Skinner on the history of political thought that no-one has challenged his new and radical approach. It is no part of the purpose of this paper to do so. Indeed, an understanding both of Bodin's predecessors and of the ideological conflict of the 1570s which influenced the drafting of theSix bookes of a commonweale(the title given to theRépubliqueby its first English translator, Richard Knolles) is fundamental before any appreciation of the theorist can be made free from distortion. It is no use at all asserting that Bodin started from scratch, even on the issue of sovereignty, where he made his most original contribution. Bodin himself minimized his originality, basing his commentary on the powers historically enjoyed by French kings. The French king had traditionally regarded his authority as that ofprinceps legibus solutus, as an absolute ruler above the law. If the French king had been unable to do those things described by Bodin, in the view of that author, ‘il n'estoit pas Prince souverain’. Bodin also noted the contribution of the canon lawyers of the Middle Ages to the development of his political theory and remarked that Pope Innocent IV was he who best understood the nature of sovereignty.
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Smolka, Jennifer. "Argumentation in the Interpretation of Statutory Law and International Law: Not Ejusdem Generis." Languages 7, no. 2 (May 24, 2022): 132. http://dx.doi.org/10.3390/languages7020132.
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This contribution bridges three fields—pragmatics, argumentation, and law. Arguments can be seen as the verbal formulation of inferences that articulate justificatory relationships, meaning that behind every argument is at least one argumentative inference. As an argumentative activity and verbal practice, legal discourse has gaps to be filled by pragmatic inference. Neo- and post-Gricean frameworks can thus tentatively be used for its analysis. Based on these frameworks, this contribution asks whether argumentation in the interpretation of statutory law is the same as in international law. More precisely, it looks at judges’ legal interpretations, which function as justifying arguments because they are constrained by rules/canons of interpretation. It is shown that neither a pragma-dialectical hierarchy of statutory canons nor a hierarchy of related presumptions carries over to international law where there is no such hierarchy.
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Navas Sánchez, María del Mar. "El derecho a la propia imagen de los personajes públicos en las jurisprudencias constitucional, ordinaria y europea. Evolución, concordancias y divergencias // The right to their own image of public figures in the Constitutional, Ordinary and European Case-Law. Evolution, concordances and divergences." Revista de Derecho Político 1, no. 100 (December 20, 2017): 441. http://dx.doi.org/10.5944/rdp.100.2017.20706.
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Resumen:Este artículo aborda el probablemente más controvertido supuesto relativo a la relación dialéctica entre las libertades de expresión e información y el derecho fundamental a la propia imagen. El que tiene como titular de este último derecho a quien puede ser considerado, en general, como un personaje público. Lo hace, además, desde una doble perspectiva. Por un lado, se muestra la evolución experimentada en el régimen jurídico del derecho a la propia imagen de este tipo de personas desde que en 1978 y de manera novedosa nuestra Constitución reconociera por vez primera el derecho a la propia imagen comoun derecho fundamental autónomo y diferenciado de la intimidad en el artículo 18.1 CE hasta nuestros días. Se trata de un proceso que ha venido marcado por varios hitos: la aprobación en 1982 de una norma (la Ley Orgánica 1/1982, de 5 de mayo, de protección civil del derecho al honor, a la intimidad y a la propia imagen) en la que el legislador establece pautas muy concretas acerca del modo en que han de resolverse este tipo de conflictos; la intensidad con la que esta Ley ha condicionado la jurisprudencia de los jueces y tribunales de la jurisdicción ordinaria, particularmente del Tribunal Supremo; y, finalmente, el importante papel desempeñado por la jurisprudencia del Tribunal Constitucional que, prescindiendo de las prescripciones legislativas y operando conforme a categorías constitucionales, ha terminado por erigir, en un proceso que, a su vez, hemos diferenciado en dos etapas, al interés público presente en las imágenes controvertidas, en el elemento decisivo para resolver este tipo de conflictos. Pero por otro, además, se presta especial atención a las recíprocas relaciones que a propósito de este supuesto se han establecido a lo largo de estas décadas entre las jurisprudencias de los Tribunales Constitucional, Supremo y de Estrasburgo. En este sentido, nos ha parecido especialmenteinteresante fijarnos no solo en el modo en que el Tribunal Constitucional se ha servido del canon europeo (art. 10.2 CE) para construir su propia doctrina sobre el derecho fundamental a la propia imagen de los personajes públicos, sino también y muy particularmente, en la forma en que esta doctrina del Tribunal Constitucional ha sido seguida o no por el Tribunal Supremo y, por tanto, en el modo en que este último se ha sentido vinculado, si es que lo ha hecho, a la misma, dando así cumplimiento a su obligación constitucional (art. 5.1 LOPJ).Summary:1. Introduction. 2. The little, but adequate, express influence of the european canon in the first constitutional case law on the fundamental right to own´s image. 3. The fundamental right to their own image of public figures in the constitutional case law prior to STC 19/2014. Its almost null follow-up by the supreme court. 4. The fundamental right to their own image of public figures in the latest constitutional case law. Its —now yes— reception by the supreme court. 5. The relationship of constitutional case law with that of the European Court of Human Rights on this specific right, seen through STC 19/2014. 6. Conclusions.Abstract:This paper tackles the probably more controversial case concerning the dialectical relation between the freedoms of expression and information and the fundamental right to the own image. The one that refers to so-called «public figures». It does so from a dual perspective. On the one hand, it shows the evolution experienced in the right to their image of this type of people since Spanish Constitution, in 1978, recognized for the first time the right to own image as a fundamental right autonomous and different from the right to a private life (art. 18.1) to the present day. This is a process that has been marked by several landmarks: the adoption in 1982 of a rule (Organic Law 1/1982, of May 5, on civil protection of the right to reputation, privacy and own image) inwhich the legislator lays down very specific guidelines as to how such conflicts should be resolved; the intensity with which this Law has conditioned the case law of judges and courts of ordinary jurisdiction, particularly the Supreme Court; and finally, the important role played by the case law of the Constitutional Court, which, regardless of the legislative requirements and taking constitutional categories as references, has finally established, in a process that we have differentiated in two stages, the public interest of the images (or, in other words, the contribution made by photos to a debate of general interest) in the decisive element to solve this type of conflicts. But on the other hand, special attention is also paid to the reciprocal relations that have been established over these decades among the case law of the Constitutional, Supreme and Strasbourg Courts. On this regard, we have found particularly interesting to look not only at the way in which the Constitutional Court has used the jurisprudence of the European Court of Human Rights (Article 10.2 Spanish Constitution) to establish its own doctrine on the fundamental right to their image of public figures, but also, especially, in the way in which this doctrine of the Constitutional Court has been followed or not by the Supreme Court and therefore if the latter has fulfilled its constitutional obligation (Article 5.1 Organic Law of the Judiciary).