scholarly journals Ius principale e canones: un incrocio funzionale tra fonti del diritto tardoantico

2021 ◽  
Vol VOL. 1 (N.1 (2021)) ◽  
Author(s):  
Elio Dovere

The law of the Catholic Church, the ius canonicum, after the consolidation of the apostolic tradition and the emergence of the monarchical episcopate, has been formally structured mostly thanks to the decisions of the ecumenical councils. Despite the authority of the Roman law, in the 5th century C.E. and in particular on the basis of the decisions of the Council of Chalcedon (a. 451), a strong interaction between canones and leges was established: such reciprocal exchanges were balanced by an absolute autonomy in the respective spheres of competence of ius canonicum and ius saeculare.

2021 ◽  
Vol 20 (20) ◽  
pp. 146-160
Author(s):  
Nerina Visacovsky

On 30 December 2020, amid the turmoil caused by the COVID pandemic, Argentina approved the Voluntary Termination of Pregnancy Law, which legalises abortion until the fourteenth week of pregnancy. In public hospitals, the procedure is now free of charge. Prior to this milestone, which was enacted on 14 January 2021, abortion was only permitted in cases of rape or when a pregnant woman's health was at risk. The law is the result of years of activism and protests against prevailing conservatism in a country heavily influenced by the Catholic Church, led by a grassroots women's movement, known as the 'green wave', which unites many different organisations that have been working towards the same goals.


1947 ◽  
Vol 7 (S1) ◽  
pp. 104-122 ◽  
Author(s):  
Benjamin N. Nelson

Since the time of Ashley at least, it has not been possible to charge the Catholic church of the Middle Ages with having intended to throttle business enterprise by its doctrine of usury. Very few medieval writers, certainly after the early thirteenth century, wished to outlaw profit when it was a legitimate return on investment. To authoritative theologians and jurists there was a world of difference between usury, that is profit openly demanded or secretly hoped for in a contract of loan (mutuutn), and justifiable returns derived from partnerships, where there was a sharing of the risk and venture of the capital. The doctors operated with distinctions of Roman law by which the mutuum, explicitly referred to in the Vulgate at Luke 6:35, was clearly marked off from other transactions, such as the consensual contracts of partnership (societas), letting and hiring (locatio conductio), and purchase and sale (emptio venditio).


2019 ◽  
Vol 18 (2) ◽  
pp. 97-118
Author(s):  
Donatus Sermada K

This article was in fact a lecture delivered by the author on June 10th, 2018 in Surabaya during the national Seminar touching on the Catholic Church in Indonesia and the actual Indonesian political Situation called “Tahun Politik” (Political Year). The author spoke about the Indonesian Catholic Church in the midst of Indonesian political struggle and the future challenges the Catholic Church should face. There were three social-political Phenomenons that have damaged and are still damaging the life of Indonesian nation, including the Indonesian Catholic church, namely the complicated birocratization; the unhealthy politization of the religion and the demoralization of the law. These phenomenons should be taken into account by the Catholic Church, when it comes to concrete commitment of the Catholic Church to give positive impact on Indonesian society based on its own Catholic faith.   Artikel ini pada kenyataannya adalah ceramah yang dibawakan penulis pada tanggal 10 Juni 2018 di Surabaya pada kesempatan Seminar Nasional yang bertemakan tentang Gereja Katolik Indonesia dan Situasi aktual politik Indonesia yang disebut “Tahun Politik”. Penulis berbicara tentang Gereja Katolik Indonesia di tengah pergulatan politis dan tantangan-tantangan yang harus dihadapi gereja Katolik ke depan. Ada tiga fenomen sosial-politis yang telah mencederai dan masih sedang mencederai kehidupan berbangsa, termasuk Gereja Katolik, yaitu birokratisasi yang rumit; politisasi yang tidak sehat terhadap agama dan demoralisasi hukum. Fenomen-fenomen itu perlu disikapi gereja Katolik, bila gereja Katolik berkomitmen dalam terang iman Katolik untuk menjawabi tantangan-tantangan itu secara positif demi kebaikan bersama masyarakat Indonesia.


2020 ◽  
Vol 21 (4) ◽  
pp. 84-124
Author(s):  
Bartosz Kapuściak

In 1959, following the introduction of the law on universal military service, seminarians were conscripted into the Polish „People’s” Army as part of compulsory service, initially dispersing them into numerous units. This was a form of repression which, according to the communist authorities, was supposed to curb the „unruly” behavior of individual church hierarchs. In the following years, there were changes in the way clerical students were dispersed in the army – they started to be grouped into three subunits, which allowed for better communist indoctrination led by the Main Political Directorate of the Polish Army, but above all for the counterintelligence „protection” of the seminarians organized by the Internal Military Service (IMS). Initially, military counterintelligence did not do well with recruiting seminarians as agents. With time, as the cooperation with Department IV of the Ministry of Interior (civil anti-church department) was developing, the IMS authorities managed to improve their operational work in the battalions where future clergymen served. Despite the partial resignation of clerical students from their studies and recruitment amongst them by IMS, thanks to the efforts of the Catholic Church a large number of young seminarians were saved, and their conscription into the army only strengthened the Church by verifying future priests through their military service at the very beginning. Eventually, year 1980 put an end to the conscription of seminarians into the Armed Forces of the People’s Republic of Poland. One of the numerous actions of the communist authorities against the Catholic Church proved to be ineffective.


Traditio ◽  
1979 ◽  
Vol 35 ◽  
pp. 145-172 ◽  
Author(s):  
John T. Noonan

Who was Gratian? It is hardly necessary to justify the interest of such a question. The Concordia discordantium canonum is one of the most influential law books of all time — a teacher's case book which became, for over 700 years, the law of the Catholic Church; a book which is at the roots of Western legal thought, ecclesiastical and lay; a vast storehouse of prior legislation and judgments, a set of masterful hypotheticals, and a rich commentary distinguished by its shrewdness and wisdom. In any time, in any land, its author would be honored for his achievement and sought after for his skill. His book was composed in a literate age in a milieu which valued learning, and even more than learning, valued law. Surely the composer has left some traces of himself and not vanished into the mists of myth.


2015 ◽  
Vol 1 (1) ◽  
pp. 40
Author(s):  
José Luis Javier Pérez Martín

La Ley sobre protección del Tesoro Artístico Nacional, redactada en 1933, durante la segunda República, permaneció vigente durante todo el periodo franquista, lo que lleva a plantarnos su vigencia y aplicación efectiva. En este trabajo nos centramos sobre los criterios aplicados a la reparación de los bienes pertenecientes a la Iglesia Católica, dentro del nuevo contexto sociopolítico de la posguerra. Abstract The Law on the Protection of the National Artistic Treasure, written in 1933, during the Second Republic, remained effective throughout the Franco period, leading to plant us their operation and application. In this paper we focus on the criteria applied to the repair of property belonging to the Catholic Church, in the new political context of the postwar period.


2015 ◽  
Vol 6 (2) ◽  
pp. 71-81
Author(s):  
Wojciech Guzewicz ◽  
Leszek Moszczyński

From the very beginning of Polish statehood in 1918, conflicts sparked between the civilauthorities and the Episcopate of Poland. In a natural way, they projected downwards to townsand villages, antagonizing and dividing the Polish society. Many publications dating to just afterWorld War 2 one-sidedly assigned blame to the Catholic Church. The present paper shows suchaccusations to be wrongful and blatantly untrue. The choice of the parish is not random – it washere that the most renowned conflict around teaching religion in the Łomża diocese took place.Father Witold Balukiewicz’s endeavors to build a modern school and teach religion in the full scopeguaranteed by the law and the Father’s later social engagement. In light of the facts and with thebenefit of hindsight, it is not difficult to determine who was right.


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