Dobro małżonków. Identyfikacja elementu ad validitatem w orzecznictwie Roty Rzymskiej

Author(s): Andrzej Pastwa / Language(s): Polish

“The clarification of […] the bonum coniugum exclusion hypotheses must be carefully studied by the jurisprudence of the Roman Rota” said Benedict XVI in 2011, referring indirectly to the diagnosis of the dean of the Roman Rota, Mario Francesco Pompedda, who stated in 1998 that the legal content of the clause of “the good of the spouses” constitutes one of the most crucial hermeneutic issues, which calls for more in-depth research. Now more than ever, the Pope’s memento appears akin to a compass designed to guide the service of the Apostolic Tribunal, one which makes it possible to determine clear judicial standards in the identification of the said element ad validitatem. Service, it is worth to add, which requires integrity and professionalism since, when it comes to the fundamental issues included in the sphere designated by the 2013 Rota allocution “Marriage and the relationship between faith and the natural order” (which, predictably, is where Benedict XVI situates the issue of “clarifying the essential element of bonum coniugum”), the words of John Paul II, who said that “legal hermeneutics requires […] a vision which encompasses the whole body of the Church’s teachings,” appear to become even more significant. // In such an obvious way John Paul II and Benedict XVI — titans of spirit and intellect, caryphaeuses of humanism, measured with a simultaneous engagement in fides et ratio—refer to the potential of science. It is, thus, difficult to ignore the invitation expressed in those words—which also highlights the role of the creators of the Rota jurisprudence, “the exemplary juridical wisdom”—for the canon law experts searching for the truth de matrimonio in theoretical research. Indeed, the papal thought—bolstered by the severity of the problem, i.e. the risk of proliferation of erroneous interpretations of ordinato ad bonum coniugum (“the danger that threatens the correct application of the norms on incapacity [and exclusions], […] and to transform the simple shortcomings of the spouses in their conjugal existence into impediment”), particularly in the lower tribunals—calls for serious consideration. This, in turn, constitutes an important challenge for the scholars, as well as the judges of the Roman Rota, to transform (in the spirit of paradigmatic harmonization vetera et nova) personalistic ideas, grounded in tradition and conciliar magisterium, into legal praxis. Therefore, the following attempt of a scholarly approach to the title identification of the ad validitatem element in the Roman Rota jurisprudence is predominantly inscribed into the doctrinal and judicial context delineated above. // The methodical ordering of the variety of judicial stances, valorizing the bonum coniugum formula, has been facilitated by the process of distinguishing, within the broad research area, particular premises: genetic and historical as well as epistemological and methodological, which resulted in the formulation of research hypotheses, formulated in the conclusions of the first part of the monograph and then verified (it could be said: successfully) in the following parts. // Regarding the hypotheses, it should be noted that there exists a documented fact (included in hypothesis II-2), which proves that a special Papal magisterium, included in his speeches addressed to the Roman Rota, authorizes an optimal methodology of the judicial approach towards essentialia in matrimonio, which consists in leading the discourse along the axis: anthropological realism—judicial realism. Search query of all published (as well as unpublished) sentences pronounced by the Rota, which highlight the bonum coniugum formula to a greater or lesser extent, consciously directed toward the analysis of the two aforementioned surfaces: anthropological and stricte legal, confirmed the validity of that perspective. Thus, it demonstrated that a sine qua non condition for an appropriate selection (according to hypothesis II-3) of consistent jurisprudence with regard to bonum coniugum—both in “non-autonomous” as well as “autonomous” configurations—is the affirmation of the paradigm of the “realism” of the new matrimonial doctrine. // The conclusions, presented as a summarizing comparison between the paradigmatic depictions of bonum coniugum: (I) depictions which appear to have been an instrument of the past (the good of the spouses understood exclusively in nonautonomous configurations); (II) depictions which are open to further developments (the good of the spouses understood in autonomous configurations)—must remain open to discussion, for a lack of a better option. This particular scholarly approach: that of a constant search for the “signs of times,” is grounded in the teachings of Benedict XVI (see: hypothesis II-1) when he says, “Cases in which there is failure to recognize the other as spouse or in which the essential ordering of the community of conjugal life to the good of the other is excluded are [today – A.P.] quite exceptional. The clarification of these hypotheses of exclusion of the bonum coniugum must be attentively assessed by the jurisprudence of the Roman Rota.”

Wincentego Skrzetuskiego „Prawo polityczne narodu polskiego”

Author(s): Wojciech Organiściak / Language(s): Polish

The Polish Piarist, Wincenty Skrzetuski, who lived in the years 1745–1791, was a notable historian, lawyer, political writer, teacher and translator of the period of the reign of Stanisław August Poniatowski. His more important works include Mowy o głownieyszych materyach politycznych (Speeches about the more important political issues) and the historiesof Sweden and ancient Greece. In his works Skrzetuski repeatedly made reference to moral and ethical problems, setting himself the goal of educating a good citizen who combined a Christian worldview, humanitarian, Enlightenment ideas, modern concepts associated with the natural law as well as ethics based on rational foundations. Skrzetuski remained under the pervasive influence of the republican ideology of Mably and Rousseau as well as other Enlightenment thinkers whose most prominent representatives included Montesquieu and Beccaria. The most important work of Skrzetuski which was published in the years 1782–1784, was Prawo polityczne narodu polskiego (The political law of the Polish people). The Piarist popularised the image of the political system and the law of the Polish Republic which wasvalid before the Four-Year Sejm by advocating the necessity of further political, social andeconomic reforms in the state of the noblemen. Skrzetuski partially based his work on theerudite work by Gottfried Lengnich entitled Ius publicum Regni Poloniae, which he enhancedby including new solutions introduced into the political system in the Polish Republic after1764. The analysis of the Political law of the Polish people that was conducted in the substantial dissertation enables us to claim that this was a sound compendium of knowledge about the political system of the Polish Republic of noblemen which in some of its parts had the afeatures of a political treatise. In the textbook which was used in the schools which were subject to the Commission ofNational Education Skrzetuski presented a wide range of issues which referred both to the political, social and economic system as well as to the court system. Similarly as for Montesquieu, for the Polish Piarist political law was that branch of law which regulated the system of governance. According to Skrzetuski, the political law consisted in the following: the way of exercising legislative, executive and judicial power, public sessions and the laws and duties of all estates, the functioning of various organs and offices, religion, the treasury, the army, trade, the people as well as the treatises and agreements with other countries.The analysis of the Political law of the Polish people that was conducted in the dissertationenables us to claim that the Piarist presented his own opinions and postulates of reform, which frequently were a continuation of the opinions and thoughts of the political writers who preceded him, including the prominent figure of Stanisław Konarski. An analysis of the opinions of Skrzetuski enables us to grant him a prominent place among the Polish politicalwriters of the period of the reign of Stanisław August Poniatowski, especially those whowrote before the Great Sejm – the supporters and even the proponents of certain reforms.

ROLUL JURISPRUDENŢEI ÎN DEZVOLTAREA NOULUI DREPT ROMÂN

Author(s): / Language(s): Romanian

Within the legal development of Romania over the last three decades, an important role has been played by jurisprudence through its major contribution to the configuration of the new Romanian law. The great stages of this process - from the legislative transition, with the adoption of the new Constitution (1991), the implications of the Euro-Atlantic integration and the adoption and implementation of the new codes - included the contribution of the conclusions of the judicial practice, which brought clarifications and absolutely necessary specifications. Irrespective of its form of manifestation - constitutional, conventional, European Union or national - jurisprudence has become today a decisive factor in the restructuring of the legal phenomenon, moreover: it can be said that today jurisprudence is the one that not only accompanies but also determines, a significant measure of substantive transformations of legal consciousness, indicating the entry of Romanian law into a new age.

ASPECTE TEORETICE ȘI JURISPRUDENȚĂ ÎN MATERIE CANONICĂ PRIVIND PROBLEMA AUTOCEFALIEI BISERICEȘTI

Author(s): Cosmin Santi / Language(s): Romanian Publication Year: 0

The principle of autocephaly (self-governance) is a principle with a simple legal background of a local Church’s own administrative leadership, which involves the duty of each autocephaly (self-governing) Church to preserve the unity of faith, liturgical life and canonical structure with all other Orthodox Churches, in the spirit of the apostolic and patristic tradition. By autocephaly, a church acquires all rights which secure it a fully-independent leadership in relation to all work carried out by exercising the three branches of the church power, namely: a teaching power, a sanctifying power and a jurisdictional and leading power, in line with the three fold missions of Chris the Redeemer. Self-governance manifests itself in relation to the interdependence structured by the hierarchic and synodic co-responsibility of the entire Church. Due to this, the doctrinal, canonical or liturgical aspects emerged within a self-governing Church, in the absence of a reasonable settlement at self-governing level, may be solved within the pan-orthodox synodality. The Autocephaly is expressed as the will of the whole community of Orthodox Churches and is a practical issue of administrative, juridical and canonical evolution. The method and the procedures undertaken by a local Orthodox Church throughout time, to acquire self-governance and be recognised as such, have varied, in accordance with the canonical practice and tradition of the East, as well as the church jurisprudence.

Kanonistyczne uzasadnienie swobody umów w zachodniej tradycji prawnej

Author(s): Piotr Alexandrowicz / Language(s): Polish

This monograph provides a historical overview of the justifications for freedom of contract, which was developed in the Medieval study of canon law, its impact in the modern era and its relevance for present-day discussions on the freedom of contract. Canonists were the first in the Western legal tradition to put forward solutions for private law that reflect the contemporary model of freedom of contract. To support their concept they used three arguments: the first was rooted in the authority of the sources of law available to them at the time; the second imposed an obligation to abide by the rules of the contract stemming from the concept of a sin of breaking one’s promise; the third was related to the importance of the concluded agreements for strengthening social order. The argumentation used in the Medieval teaching of canon law has met with various receptions in the modern era. Some movements took it on board (the canonists, the second scholasticism), some others rejected it (legal humanism), while for others it served merely as a useful example (Dutch jurisprudence, usus modernus Pandectarum), and ultimately it was functionally similar to some (the school of natural law). As a result of the establishment of a general theory of contracts at the turn of the eighteenth and the nineteenth centuries, which presumed the freedom of contracting, the question of the binding power of the concluded agreements lost its relevance. The answers to this question can be found by referring to the forgotten Medieval canonist tradition or the English theory of contract. Both these sources provide similar arguments, which can be useful in the discussion on the limits of the freedom of contracts alongside legal dogmatics.

Starea excepțională și alerta ordinii de drept. Implicații juridice ale crizei sanitare generată de pandemia Covid-19

Author(s): / Language(s): Romanian

Kondycja współczesnej rodziny – ujęcie interdyscyplinarne

Author(s): Monika Kornaszewska-Polak,Monika Gwóźdź,Marek Wójtowicz,Leokadia Szymczyk / Language(s): Polish

The concept of the monograph was created on the basis of the observation of contemporary world and the changes taking place in it. In the postmodern world, the concepts of human nature, family, community, love, development, freedom have been redefined – in the face of intensively changing cultural, economic, political and health phenomena. For centuries the family has been the basic source of shaping the attitudes of individuals, but now these natural processes have been degraded in favor of the progressive visions of man and society. The changes affected the family structure, its functions, rules of conduct and value systems. The monograph presents a multifaceted analysis of changes in marriage and family from the following scientific perspectives: philosophy, psychology, pedagogy, theology and canon law.

Museographic Objects, Saints, and Sacred Places: Saint Antony Pechersky, Esphigmenou Monastery (Mount Athos), and the Museum of Christian Antiquities (Athens).

Author(s): Katerina Seraïdari / Language(s): English Issue: 6/2022

L’article nous présente la manière dont trois histoires, avec des finalités très différentes, s’avèrent en réalité interconnectées. La première histoire est celle de saint Antoine Petchersky (xe-xie siècle), père du monachisme russe et fondateur de la Laure des Grottes de Kyïv; la deuxième concerne un monastère du Mont Athos, où ce saint aurait vécu pendant un certain temps au xie siècle; la troisième nous parle d’un objet qu’il aurait porté. La présente étude permet d’explorer la rivalité entre Grecs et Russes au Mont Athos dans la seconde moitié du xixe siècle. Elle permet également d’interroger la question des ‘faux’ objets et la pertinence culturelle de ces derniers.

Products of Russian Visual Culture in the Treasury of Rakovica Monastery in Belgrade (17th – 20th Centuries).

Author(s): Ivana Ženarju Rajović / Language(s): English Issue: 6/2022

L’article présente une série d’icônes et d’objets liturgiques provenant du trésor du monastère Rakovica à Belgrade, en Serbie. Plusieurs exemples, datant de différentes périodes, témoignent de l’influence culturelle russe sur le milieu local serbe. Le monastère possède six icônes peintes dans le Palais des Armures du Kremlin à Moscou vers la fin du xviie siècle. Ces icônes, qui comptent parmi les témoins conservés les plus anciens, nous renseignent sur les relations serbo-russes au sein de la vie religieuse de Belgrade. D’innombrables guerres ont jalonné l’existence du monastère Rakovica, ce qui explique que le trésor soit aujourd’hui relativement modeste. Il comprend, par exemple, quelques icônes russes des xixe et xxe siècles, principalement des artefacts produits en série, sans valeur artistique significative. Toutefois, les revêtements en argent de trois de ces icônes nécessitent une analyse approfondie. Aussi, le trésor comprend-il plusieurs livres liturgiques imprimés à Moscou ou dans la Laure des Grottes de Kyïv, de même que deux objets liturgiques.

Актуални аспекти на религиозната толерантност в България : Сборник статии и доклади от научния колоквиум, организиран и проведен от ЮФ на ПУ "Паисий Хилендарски" на 30 май 2014 г.

Author(s): / Language(s): Bulgarian

Discussions, presentations and publications are valuable with legal analyses, with the comparative conclusions and the proposals for amendment of Bulgarian legislation. The summaries are valuable for a new one view at religious and inter-religious tolerance.

Религиозната толерантност в древността : Сборник статии и доклади 2013-2014

Author(s): / Language(s): Bulgarian

The collection includes reports presented in 2013 and 2014 at the series of organised scientific events connected with the research project "Religious tolerance".

Религиозната толерантност в съвременния свят : Сборник статии и доклади 2013-2014

Author(s): / Language(s): Bulgarian

The collection includes reports presented in 2013 and 2014 at the series of organised scientific events connected with the research project "Religious tolerance".

Ecclesia in Glacz frequentius a Christi fidelibus visitetur. Kapitoly z dějin kladské kanonie v době předhusitské

Author(s): Pavel Otmar Krafl / Language(s): Czech

The book is comprised of two parts – an overview of research into the history of the order of Regular Canons of St. Augustine in the German Lands, Poland and the Czech Lands and a collection of studies on the history of the canonry in Kladsko / Kłodzko / Glatz. The Kladsko monastery held an important position among the foundations of Archbishop of Prague Arnošt of Pardubice. The incorporation of the parish church to the monastery has been a relatively neglected institution. We are also advised of the form of election of the provost of the monastery. Around twenty-seven members of the Kladsko canonry of the pre-Hussite period have been identified by prosopographic research. The monastery in Kłodzko became a pilgrimage site by means of indulgence deeds.

Die böhmische Leibeigenschaft in Rechtsdokumenten (1648-1742)

Author(s): Ivo Cerman,Michal Morawetz / Language(s): German

After the Thirty Years’ War the peasants in Bohemia found themselves living in a harder version of subject status (Untertänigkeit) which was known as ‘Bohemian serfdom’ (böhmische Leibeigenschaft). The present edition of German and Czech legal documents reconstructs the formative phase of this legal institution up to the Franco-Bavarian occupation of the Bohemian lands, when Maria Theresia was compelled to discuss the abolition of subject status and serfdom. It was during this debate that ministers in Vienna commissioned a legal opinion entitled Deductio ratione servitutis bohemicae et moravicae which describes the legal competencies and disabilities of serfs in full. In so doing this document, which is edited here, closes the formative phase of Bohemian serfdom. The edition, which is inspired by US works on slavery, includes also documents on the the status of newly born kids. It also focuses on natural law arguments.

LEGAL REGIME OF PROPERTY OF LAND IN ROMAN PROVINCES

Author(s): Stoyan P. Ivanov / Language(s): English Issue: 2/2022

The paper considers the specific problem of the land property outside Italy in the Roman provinces during the period of the late Roman Republic and the early Principate. The author studies how the Roman government faced the new problems that the conquest created and what Rome actually did when first met the Hellenistic concepts of the land property in the conquered territories and how they were applied or modified according to the traditional Roman law principles and regulations. It is emphasized that the need to organize the territory and to define the property of the people who lived on that territory or the rights which they had to the land for a very first time occurred in Sicily which the Romans organized as the first Roman provincia. The article examines the organization of Sicily according to Lex Hieronica, it considers the exemptions and immunities of some cities from the general legal regime of the province, and studies the collection of public revenues and the payments for the taxes for the exploitation of the land – vectigal et vectigalia publica. Key notions and terms like possessio, dominium, mancipatio, vectigal, vectigalia, tributum, stipendium are cleared and special attention is paid to the correct use of the Latin legal terminology. Some of the most important fragments from the Institutes of Gaius about the provincial property are examined and is made a carefully study of his language and the legal aspects of his consideration of the rights that the individuals had over the provincial lands. The research presents in details the organization of other provinces in the late Roman Republic and the early Principate and deals with the richest Roman province – Asia, which brings huge revenues to the Roman budget. Central part of the study is dedicated to the legal regime of the provincial land and the author considers the main opinions on this topic in the recent Roman legal doctrine and translates and analyzes the relevant classical Latin texts in the sources and provides an important bibliography on the problem, he tries also to define the Roman concept for „provincial property“ which for sure was not identical with the dominium ex iure Quiritium in Italy.

The Manufactory of Old French Psalters.

Author(s): Chapel Alessia,Vladimir Agrigoroaei / Language(s): English Issue: 7/2023

Pentru a înțelege mai bine relațiile intertextuale dintre psaltirile franceze medievale, întoarcerea la o sursă fundamentală precum Psaltirea de la Oxford (manuscrisul Oxford, Biblioteca Bodleiană, Douce 320) este esențială. Astfel, unul dintre scopurile acestui articol este cel de a pune bazele unui studiu al modificărilor de natură textuală reprezentate de numeroase ștersături care reflectă procesul de redactare și spun povestea acestui manuscris. Deoarece studiul este de amploare, a fost necesară segmentarea lui în mai multe publicații. În această primă etapă, după o introducere care analizează relațiile manuscrisului Douce 320 cu alte manuscrise din familia sa (de exemplu, Londra, British Library, Arundel MS 230), autorii discută ștersăturile legate de fluctuația vocalelor și diftongilor în ortografia anumitor cuvinte. Analiza tratamentului dentalelor finale ocupă apoi secțiuni referitoare la anumite forme verbale ale modurilor indicativ, conjunctiv și participiu. Acestea sunt completate de studii privind ștergerea unui -e- interconsonantic în formele de viitor și oscilarea între -r- și dublu -rr- în formele de viitor ale verbului estre. În cele ce urmează, ștersăturile și/sau corecturile legate de dentale permit de asemenea să fie abordată problema declinării, nu numai în cazul participiilor, ci și a mai multor substantive și adjective. Cercetarea se concentrează apoi pe studii de caz: ștergerea unui –n final în enfer(n), iur(n) și car(n); ezitările scribului legate de ortografia conjuncției car; înlocuirea frecventă a lui q cu c în cuvântul quer/cuer; ezitarea între folosirea conjuncției mais sau a conjuncției acertes; precum și multiplele opțiuni de a traduce sufixul latin –tio. O paranteză deschisă cu privire la anumite adăugiri și/sau corecturi sugerează posibilitatea ca manuscrisul Douce 320 să nu fie o traducere autografă a Psaltirii St. Albans (păstrată la Hildesheim, Dombibliothek, St. Godehard 1). Scribul ar fi folosit mai degrabă o sursă latină cu o glosă vernaculară interliniară. Această deducție pare să fie confirmată și de utilizarea unei liniuțe de unire, pe care copistul o folosește pentru a compensa erori probabile de transcriere. Ipoteza aceasta este susținută mai ales de cercetarea asupra câtorva „ștersături lungi”. Ele par a privi unități de transcriere a căror modificare este legată de structura și interconectarea textuală cu o sursă care prezintă atât un text latin, cât și o glosă interliniară. În încheierea acestei părți, după ce au prezentat, spre comparație, exemple preluate din Psaltirea Winchester și Psaltirea Arundel, autorii propun reconstituirea unui segment de text care ar putea fi mai aproape de sursa manuscrisului Douce 320. Articolul se încheie cu o comparație cu precedentele în limba engleză veche și cu o transcriere a fragmentelor de la Maidstone, Centrul și Biblioteca de Istorie Kent, Fa/Z1 (fragmentul Faversham i). Continuarea cercetării este prevăzută pentru următorul număr al revistei Museikon.

Oliver Jens Schmitt, Biserica de stat sau biserica în stat? O istorie a Bisericii Ortodoxe Române (Bucharest: Humanitas, 2023), 457p.

Author(s): SZABÓ Csaba,Dragoş Ursu / Language(s): English Issue: 7/2023

Echoes

Author(s): / Language(s): English Issue: 7/2023

Instituția jurământului - considerații teologice și juridice

Author(s): Cosmin Santi / Language(s): Romanian Publication Year: 0

In general, a religious oath reflects a person’s devotion and obligations to their faith and may involve promises to abide by religious precepts and principles. The oath is eminently religious and sacred in character, has a profound dimension and means taking God as one’s witness, for it is the form by which one asks for and receives divine power in the performance of a work that is difficult to accomplish with one’s own strength. The oath is an liturgical act, because it includes a reverence for God, so that he may assure, guarantee and clarify a situation where we lack the means to give full assurance and clarify the matter definitively. A civil or secular oath is a solemn declaration by which a person makes a commitment or responsibility to the state, the community or an organisation, without necessarily involving religious or spiritual matters. Both types of oath have an impact on society, contributing to moral stability and respect for fundamental values. Religious and secular oath are expressions of human commitment to Christian and social values, whether based on belief in divinity or on secular principles, which influence the way people live their lives and contribute to building a just and responsible society. In many jurisdictions, there are alternative options, such as taking a secular oath or solemn affirmation, to take account of the diversity of beliefs and respect the principle of separation the religious and state domain. Debates in this area continue to explore ways to maintain the balance between religious freedom and ensuring an accessible and inclusive legal system for all people.

Šetření sexuálních deliktů v církvi a ve státě

Author(s): / Language(s): Slovak,Czech

A compendium compiled as an output of a continuing education program for staff of church courts and other church institutions entitled Investigating Sexual Offenses in the Catholic Church, organized by CMTF UP in Olomouc. Together with a conference on the same topic, it confirms and presents the collaboration of experts in canon and secular law and professionals from the fields of psychology, psychiatry, state institutions and the non-profit sector, and serves as a tool for comprehensive training in this area.