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As an institution or organization autonomous from the State, the Church has always drafted and adopted its own laws through its own bodies. It organizes and manages itself according to these laws, without State interference. Having its own autonomous management, the Church has acquired the freedom to widely and without hinder use it canons, so that its Founding Statute states that the main foundation of the hierarchical synod leadership is represented by the Synods of the Ecumenical Church. The Church and the State may have a relationship based on cooperation, as they both aim at ensuring what is best for the citizen and believer respectively. The State is very well aware of its mission, namely to provide its people with a life based on the principle of good and justice, and to give society material and spiritual welfare. In the Romanian Principalities, the relationships between State and Church have always been characterized by positivity and mutual assistance. The State was organized by the Princes together with the country's clerics and the Church was organized by the clerics together with the Prince and the nobility.
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the present article follows the complex process of editing can. 1055 of the code of canon Law, which took place during the work on the revision of the code of canon Law in 1983. it contains an analysis of the sources of this canon and presents the role of this standard within the code. the article also analyses the detailed legal regulations contained in can. 1055 of the 1983 code of canon Law. marriage is shown in can. 1055, §1 of the code of canon Law essentially from the perspective of a covenant (foedus), but the legislator did not abandon the idea of contract, as confirmed by can. 1055, § 2 of the code of canon Law. marriage, as totius vitae consortium, assumes the personal commitment of the spouses to one another in love and, according to can. 1055, §1 is not only a community in the area of the intimate life of the spouses, but also a community in all other areas of life. this canon disposes of the division of the objectives of marriage into primary and secondary, as well as their hierarchy. the distance between marriage in fieri and marriage in fact esse was reduced. the subjective and non-institutional elements of marriage were harmonised with the institutional and public ones. moreover, can. 1055, §1 creates a peculiar internal dynamics expressed in the fact marriage was elevated from the institution of natural law to sacramental order in the order of salvation.
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The author analyzes the binding canon law in relation to the offenses against the Sixth Commandment of the Decalogue with minors or to the detriment of minors (article 6 of the sst /2010). He points out the problems with the application of these provisions. Then he proposes some changes in Penal Canon Law in this area.
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One of the main messages of the Second Vatican Council was to highlightthat members of the laity not only constitue and shape the Church but, even more importantly, have joint responsibility for it. The Church wants them towillingly respond to Christ’s calling which encourages them to take responsibility for the Church (see: Pope John Paul II, Apostolic Exhortation “Christifideleslaici”, 2-3). The Canon Law from 1983 mentions two advisory bodies which mayhelp the parish priest manage the parish. These are: the parish pastoral council(Canon 536 § 1) and the parish finance council (Canon 537).The aim of this article is to discuss the competencies of the parish finance council which is obligatory in each parish, according to the Canon 537of the Code of the Canon Law. This rule applies to every parish, both territorialand personal. The parish finance council does not have a legal identity, doesnot replace or cover for the parish priest in representing the parish, nor does itact on his behalf (Canon 532). It is an advisory body whose aim is to advise theparish priest on how to manage the assets of the parish. The duties and rulesof membership of the council should be defined both in the common law andin the particular law issued by the bishop of the diocese.
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The aim of the article is to present legal and theological aspects of the insignia of the canons in the light of applicable law. The first part portrays the composition of the canons’ outfit. The second part depicts the problems of the canons’ cross and ring, and the third part is dedicated to the use of canons’ insignia. The article ends with conclusions and references.
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In the See of the Confession, Oikonomia is perceived both as a “Saving Condescension” and as a “Canon of love for man.” Therefore, the confessor needs to have always the conscience that by Oikonomia – which is above all an act of “redeeming condescension” – he can effectively help the sinner, and that, by this act, he is following in the footsteps of Christ, Who, out of His divine love for mankind, made of Himself a redeeming offering for the sins of the whole mankind. From the analysis of the text of the canonical Legislation of the Eastern Church, corroborated with its canonical Doctrine, it has been possible to notice that “Acribia” and “Oikonomia” have been used in the Church even since the beginnings of its existence, but, in the See of the Confession, the application of the Oikonomia Principle has always prevailed.
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Priest Jan Ślósarz, PhD (habil.), published two works on canon law and practical theology: O cenzurach kościelnych i ekskomunikach w szczególny sposób Papieżowi zastrzeżonych (On the church censures and excommunications reserved especially to Pope) (1900) and Władza kluczów w św. sakramencie pokuty (The power of keys in the holy sacrament of penance) (1902). Both publications proved to be useful to priests as well as to the faithful because they presented clearly the codes of canon law, which at that time was complicated and scattered across many documents. Both publications addressed the application of ecclesiastical penalties to clergy and to laity. These penalties were intended both to protect the doctrine of the Catholic Church and to help sinners. Some punishments were applied by confessors, other by bishops, and some were reserved exclusively for the Pope. Due of difficulties in obtaining absolution, clergy and laity restrained themselves from committing sins and the worst sinners were directed under care of the most experienced confessors. Priest Jan Ślósarz described in his publications various sins and provided detailed instructions applicable to clergy as well as to laity on how to deal with the person committing those sins.
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Considering cases for marriage nullity in virtue of inability described in can.1095 CIC, in the briefer process, still raises many doubts. They are connected, first of all, with a topic of court experts. The present article is a proposition of a practical solution to that issue consisting in a possibility of assigning a court expert to assessor.For this purpose, rules of law concerning court experts as well as the office of assessor in a canonical process had been analyzed in detail.Keywords: briefer matrimonial process, expert, assessor
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The presented article interprets Can. 1137 CIC 17 and Can. 1160 CIC regarding convalidation of marriage due to a lack of canonical form. This problem was looked at from two perspectives– the lack of form and defect of form. It has been shown that in the case of lack of form, a marriage which is null must be contracted anew in accordance with Can. 1160 CIC in order to become valid ;whereas, in the case of a defect of form, unless the principle codified in Can. 144 of the CIC stating that “the Church completes the power of government” (Ecclesia supplet potestatem) could be used,simple convalidation results in the mariage being valid, provided the marriage was not celebrated in public. Keywords: canonical marriage, simple convalidation, lack of canonical form, defect of canonical form
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The article shows the profile of risk management in the range of selection of security solutions. It presents procedures for limiting the risk related to the security of personal data protection in a parish, and in particular defines the methodology and principles of risk management connected with data processing and storage.The analysis of the effects of threats and the likelihood of their occurrence assesses the scale of these effects, indicates examples of threats in the area of information security and selection of security measures, i.e. ways to act in specific situations to prevent their loss. Suggested risk reduction measures cancontribute to the organization of a personal data protection system in a parish, especially through a clearly-defined and observed data security system. Keywords: personal data in a parish, GDPR, risk analysis, security system, information security threats, Decree
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The purpose of the article is to present and discuss the most important needs of the Church arising from the worship of God, which the faithful are obliged to meet, in accordance with can. 222 § 1 Code of Canon Law. When discussing the subject of addressing the needs of the Church, it is necessary to refer to Polish secular legislation, because the faithful also belongs to the state community. It is important to answer the following questions, whether the secular legislature provides every Catholic citizen the opportunity to participate in the Holy Mass on Sunday and church holidays, whether the Cult of God and the prohibition of trade on Sunday and public holidays is protected by law, if so, to what extent. Keywords: Church needs, the worship of God, ministry in the church, Attend Holy Mass and church holidays.
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The purpose of the article is to present the issue of the use by the episcopal conferences of optional norms of the Code of Canon Law in the scope of the "munus docendi" of the Church. The Code obliges or enables episcopal conferences to issue norms complementary to the Code of Canon Law, among others regarding the teaching office of the Church. In three cases, the Code provides for the issuance of possible arrangements for an episcopal conference regarding the “munus docendi” of the Church (canon 755 § 2, 766, 804 § 1). The author presented and evaluated the provisions of selected episcopal conferences in the field of the teaching office of the Church. The whole article concludes with a summary and bibliography.
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The paper shows that the critical analysis of Max Scheler’s and Immanuel Kant’s concepts of moral philosophy was a starting point of Karol Wojtyła’s own positive project of anthropology presented in the book The Acting Person. Its core lies in the recognition of the significance of human efficacy: human persons express and realize their full subjectivity through their actions. Wojtyła shows that genuine human actions are not motivated only by the emotional power with which particular values are given, but rather by the perception of their being true values. In the last analysis, Wojtyła’s theory might be described as transphenomenology, that is, a synthesis of phenomenology and metaphysics. According to him, what is immediately given to the subject can be fully explained by categories that transcend direct experience. In this way Wojtyła incorporates his vision of anthropology into a broader metaphysics, at the same time showing that in philosophy one should move from phenomenon to foundation.
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This is the first of a two-part study treating Karol Wojtyła’s Aristotelian methodology. The study shows that Wojtyła’s inductive and reductive methodology is identical with the Aristotelian method of proceeding from what is better-known to us in experience (ἐμπειρία/empeiria) to what is better-known to nature by way of induction (ἐπαγωγή/epagoge) and analysis (ἀνάλῠσις/analusis) or division (διαίρεσις/diairesis). By a rigorous presentation of this Aristotelian methodology here in Part I, the logical form and force of Wojtyła’s method is properly disclosed and appreciated in Part II. Wojtyła’s method utilizes the logical forms of reductio ad impossibile and reasoning on the hypothesis of the end, or effect-cause reasoning, which is special to the life sciences and the power-object model of definition. By this methodology, Wojtyła obtains definitive knowledge of the human person that is necessary and undeniable: he discloses the εἶδος (eidos) or species of the person in the Aristotelian, Thomistic, and Phenomenological sense of the term.
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The article presents the analysis of some chosen arguments from Karol Wojtyła’s The Acting Person in consideration of the opposition between the realist and constructivist theoretical standpoints. It ponders the attractiveness of the realist position both for the social and personal dimension of human existence by considering such issues as freedom, autonomy, alienation, truth, receptivity, and community. Finally, it points to the ecological problem of the rightly understood “inactivity,” which is contrasted with the late modern hyperactivity of social constructivism.
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The author presents Wojtyła’s views on participation and its connections to the common good. The analysis consists of two parts. The first part outlines the concept of participation (coexistence and action together with other people in relation to the common good) and its various forms (solidarity and opposition, conformism and evasion). The second part presents views of the nature of common good found not only in liberal thought (common good as the expression of deliberation and the rights of the individual), and personalist thought (common good as the development of the person and its natural potentialities), but primarily in the work of Wojtyła himself (common good as personal self-fulfilment through coexistence and cooperation with others in relation to the conscience-discerned truth, elected in a free act). His reference point was also personalism, which stresses the inalienable dignity of the person in both the private and the social spheres of life.
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Karol Wojtyła’s Osoba i czyn (in English translation known as The Acting Person) is certainly an extraordinary book having considerable significance for contemporary human philosophy. And because the philosophical or quasi-philosophical concept of the human person, consciously or not, explicitly or implicitly, is always at the root of any sociological, psychological, pedagogical or even economic theory, the importance of this work is even greater. It involves both the humanities and social sciences. The purpose of this article is to point out the benefits of this groundbreaking book. In particular, it allows us to rethink the paradigmatic foundations of these sciences. At the same time, it attempts to show how necessary is a critical revision of their own paradigmatic basis. I would also like to consider the essence of the human concept, especially from the perspective of critical realism. Especially, I deal with the issue of subjectivity and justification for the choice of this concept as the key to understanding individual agency. I am convinced that agency is only one dimension of subjectivity and does not allow us to understand the whole problem of autonomy, human freedom, and the meaning of humanity. Wojtyła’s The Acting Person seems to provide extremely important arguments in favor of my thesis. It also helps, I think, to understand the essence of individual subjectivity, issues of fundamental importance in our time, peculiarly, in the broadly understood human sciences.
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The argumentation is the central part of the canonical processes. The process is not possible without it. The proofs collected during the instruction lead the judge to the moral certitude about the matter. One of the proof allowed by the legislator is the confrontation. The legislator does not define the concept of confrontation, but only shows its purpose, general conditions and the possibilities of its survey. Confrontation is a specific way of examination. It is difficult to carry out a confrontation. The judge has to prepare it carefully. But confrontation can help the judge in finding the truth if it is applied according to prescripts of the canon law.
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In order to improve the curia’s work, a diocesan bishop can nominate the moderator of the curia if it is necessary. This article discusses the office of the moderator of the curia. First it focuses on the fact that the moderator of the curia is a new office in the structure of the diocesan curia. Then it describes the character of the person holding the office of the moderator of the curia. Finally it outlines the duties of the moderator of the diocesan curia.
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