scholarly journals Secular and Theological Education: Interaction or Confrontation?

2005 ◽  
pp. 220-224
Author(s):  
Vitaliy I. Docush ◽  
Ya. Poznyak

If we analyze our legislation in detail, we can see that there are so-called “legal scissors”. On the one hand, the law guarantees freedom by equalizing the rights of all citizens of the state (Article 24 of the Constitution), and on the other - leaves believers outside the legal field (Article 35 of the Constitution and Article 6 of the Law of Ukraine "On Freedom of Conscience and Religious organizations ") declaring separation from the church. It should be noted that even the Law on Education does not guarantee the right to receive alternative (not secular) education for children of believers, regardless of their affiliation with a religious organization, in educational institutions. It should also be noted that even in the years of Ukraine's independence, the issue of granting theological education a proper status that would equate it to secular rights has not yet been resolved. Again, the principle is the separation of the school and the church. Here are some questions.

Author(s):  
Christopher Grout*

Abstract The extent to which members of the clergy are considered ‘employees’ for the purposes of secular employment and equality legislation has been the subject of much discussion, but essentially remains a fact sensitive question. The Equality Act 2010 (‘the 2010 Act’) seeks to prevent discrimination on the basis of nine ‘protected characteristics’. While recognizing that the application of the 2010 Act to the variety of clergy offices is ‘not straightforward’, the Church of England (‘the Church’) has opined that an equitable approach to clergy appointments is to proceed as if they were subject to the provisions of the 2010 Act. What follows is in`tended to be a thorough review of the eligibility criteria for clergy appointment in the Church to assess their compatibility with the requirements of the 2010 Act. In addition, particular consideration will be given to Schedule 9(2) to the 2010 Act which makes specific provision relating to religious requirements concerning the protected characteristics of sex, sexual orientation, and marriage and civil partnership. In short, where the employment is for the purposes of an organized religion, such as the Church, requirements which relate to these protected characteristics will not constitute discrimination where they engage the ‘compliance or non-conflict principle’. What these principles mean and how they might operate in practice is discussed below, taking into account the likely canonical and theological justifications for discriminating against certain individuals. Whether the law strikes the right balance between, on the one hand protecting clergy and, on the other, providing the Church with the autonomy to act in accordance with its established doctrine, will be explored in the final analysis.


2005 ◽  
pp. 279-299
Author(s):  
Valeriy Klymov

The more than thirteen-year co-existence of the Ukrainian state and the Church in the qualitatively new conditions prevailing in the post-Soviet space together with the formation of an independent Ukraine, functioning during this period of state-church relations give reasonably reliable grounds for scientific analysis, a number of generalizations and conclusions regarding the results and conclusions conditions of state policy on religion, church and religious organizations, ensuring in Ukraine the right of everyone to freedom of world view and religion - on the one hand, and repair and optimize -tserkovno and religious life - on the other.


1967 ◽  
Vol 14 (3) ◽  
pp. 165-202
Author(s):  
Th. M. Steeman

This study is intended as an attempt, on the one hand, to collect and order a number of salient facts concerning modern Dutch Catholicism, on the other hand, on the basis of these facts to render more compre hensible the movement at present stirring in the Church and which appears at first sight to be a confusion of conflicting tendencies, in a historico-sociological perspective. The author employs in his observations both the available statistical information, relative to the present-day vitality of Dutch Catholicism, and the likewise clearly evident tendencies toward renewal, and attempts to bring both aspects to a synthesis in a total view. Here it is primarily a matter of placing the ascertainable decline in religious practice, which incidentally goes hand in hand with a greater stability of Catholic social, political and educational institutions, into a closer connection with the tendencies toward renewal. Therefore, the general conclusion of this study is not that Dutch Catholicism is declining but that it has taken a different form now that the social emancipation struggle in this country may be considered over. It is in essence no loss in vitality but a vitality with a different objective. Dutch Catholicism is strong but finds itself, precisely because it has successfully fought a hard battle for emancipation, in a completely different situation, forcing it to re-orientate itself. From this inner strength it is now experiencing a crisis in a search for forms in which, in the world of today, now that it is full-grown, it can express itself adequately. The study thus states that what is going on at present in Dutch Catholicism is comprehensibly seen from its own history, albeit in close contact with the more general tendencies in the history of the West. At the heart of the renewal lies a striving for a more authentic Christianity, just as the alienation of ecclesiastical Christianity lies at the heart of de-churching with regard to modern man. In essence here we are concerned with the fact that the Catholic of our times, who has himself become a modern man in every respect in the emancipation struggle, now wishes to be modern in his religious life too, or rather, by his being modern has become conscious in a different way of the significance of his faith in the Gospel and in Jesus Christ. He consequently experiences the tension between modern life and ecclesiastical life as an inner tension. For those who find themselves at the heart of the renewal, the phase of dialogue between Church and world - in which Church and world are involved in discussion as independent entities - is past; for them it is an inner struggle for an understanding of Christ's message now, in this world. This theme is explained by various examples. In this it is not the concern of the author to take up a personal position in the discussions, but more to arrive at an understanding of the tendencies in the light of the dynamics revealed in them, which must be made understandable in their turn historically and sociologically. Moreover, the author presents a few principles from which the fact that the situation itself appears so confused, can be understood. The dynamics emerge at a moment in which the traditional ecclesiastical forms for large groups have, it is true, lost their meaning, but for others have retained their full significance. All these things cannot go without conflict, without pain and sorrow on the one hand, without courage and impatience on the other.


2018 ◽  
Vol 28 (6) ◽  
pp. 1953-1957
Author(s):  
Aleksandra Patoska

Every agreement of the wills among two or more persons who make mutual law relation or changes or calls of the existing law relation is named as a contrast in the theory of law. According its characteristics, the law relations may be different - obligatorious, familliarious, hereditorious, administrativ, merchanditorious etc., because of what the contracts as instruments of law regulations of that relationships are published in different law branches, like: familly law, heretige law, administrative law, merchandise law etc. Regarding its theoretical structure and frequent use and meaning in the law practice, the obligatory contracts are separated - those which may make obligatory relationships.The obligatory relationships are law connection among two or more parties from which one of them has the right to ask for, and the other is obligated to give the asked or to do, or not to do, or to bear it. The essence of the obligatory relation is in the right of the creditor to ak from the debtor to fulfille his obligation, which means - basicly - they are in creditor - debtor's relationships. Therefore, the obligatory contracts are double law acts according to which, in the agreement of the wills between two parties, the one part obeys to give something, to do or not to do something, or to bear something in the benefit of the other part, the part which takes that obligation as its right.The agreement of the wills of the contractual parties is one of the four common conditions of the genezes of a contract. It is realized by equality of the different whishes and different aims which the parties like to reach by making an agreement. There are the questions which I am trying to answer in my written text: about law relevant will, the atributes which the will should possesse, the ways of giving the will and, at the end, coordinating the wills of the two parts which goes to make the contact. The coordinating of the wills should be done on a legalized or usual way, frequently or usually by giving an offer from the first part and reaching the offer from the other one. That is the most usual mode of implementation the reunification of the wills between the contractual parts.


2001 ◽  
Vol 50 (1) ◽  
pp. 144-157 ◽  
Author(s):  
Jonathan Hill

Over the course of the last hundred and fifty years or so the general trend in the laws of Western European countries has been, first, to make provision for judicial divorce and, second, to make it easier for parties to a marriage which has broken down to obtain such a divorce. This coupled with increased mobility has added to the significance of the law relating to the recognition of foreign divorces. The law's essential task is to strike the right balance between, on the one hand, being too restrictive, thereby creating “limping” marriages (i.e., marriages which are valid in one or more countries, but not others) and, on the other, being too generous, thereby sanctioning “quickie” divorces or divorces of convenience.1


2021 ◽  
Vol 18 ◽  
pp. 604-609
Author(s):  
Nina Stanescu

As for the attitude towards abortion, over time, it has fluctuated from one era to another. Thus, the ancient societies of Greece and Rome were tolerant of abortion, and with the Romans abortion could be performed at any time during pregnancy. One of the aspects that received special attention was the right of women to have a say in their own reproduction, namely the right of women to choose whether or not to keep a pregnancy, Immoral in terms of of the Church, outlawed by the legislation of some states, the right to abortion has had a sinuous evolution in the social scene of many states. This issue has many political, moral and social connotations, being politically regulated differently by different states. The extremes are represented on the one hand by China, which pursues a policy of limiting population growth, including through a pro-abortion policy and on the other hand by Islamic states, in which abortion for therapeutic purposes and on-demand abortion are prohibited. In Europe, most states have legalized abortion, but at the same time apply policies to limit it, by promoting family planning and contraceptive methods.


2016 ◽  
Vol 61 (4) ◽  
Author(s):  
Carlo Casini

Il contributo è dato dall’esame e dal commento della Relazione del Ministro della Salute sull’attuazione della Legge 40 del 19 febbraio 2004 “Norme in materia di procreazione medicalmente assistita”, presentata, al Parlamento ai sensi dell’art. 15, comma 2 della legge stessa. Il Movimento per la Vita Italiano (MpVI) per valutare i dati di volta in volta riportati nei documenti ministeriali ha finora presentato quattro Rapporti al Parlamento: il primo nel 2007, il secondo nell'aprile 2009, il terzo a luglio 2011 e il quarto – oggetto del presente articolo – nell’agosto 2012. L’attenzione della Relazione ministeriale è rivolta soprattutto alla realizzazione del desiderio degli adulti di avere un figlio, in base allo scopo dichiarato dalla legge di “favorire la soluzione dei problemi riproduttivi derivanti dalla sterilità o dalla infertilità umana”. Perciò la descrizione del percorso seguito dalle varie tecniche e gli incroci tra i vari dati a disposizione fanno riferimento prevalente alla coppia adulta. Tuttavia, si sottolinea nella Rapporto del “MpVI” non si deve sottovalutare l’art. 1 della legge indica l’altro fondamentale obiettivo della legge e cioè quello di: “assicurare i diritti di tutti i soggetti coinvolti compreso il concepito”. I soggetti di cui è doveroso tener conto non sono solo gli adulti desiderosi di avere un figlio, ma anche i figli fin dal primo momento della loro esistenza (proprio l’evento che le nuove tecniche intendono determinare), cioè fin dal momento del concepimento. L’articolato, documentato e ricco Rapporto del MpVI richiama sinteticamente l’impianto della normativa – seriamente alterato dalla sentenza costituzionale 151/2009 – e gli interventi giudiziari che lo riguardano; rimarca con forza la grande differenza – in ordine alla protezione del diritto alla vita – tra la morte dell’embrione dopo il trasferimento nelle vie genitali della donna e la sua soppressione deliberata, diretta, concordata, che avviene quando l’embrione, non trasferito nelle vie genitali della donna viene selezionato, reso oggetto di sperimentazione, distrutto, congelato; contesta la teoria del c.d. “diritto affievolito” con riferimento al diritto alla vita del concepito; si sofferma sulla necessità di rimuovere le cause impeditive della procreazione alternative alla procreazione artificiale (a questo proposito viene segnalata la significativa esperienza dell’Istituto Scientifico Internazionale Paolo VI di ricerca sulla fertilità e infertilità umana operante presso il Policlinico “A. Gemelli” di Roma dal 2003). Infine, il rapporto si conclude con alcune domande e proposte di lavoro rivolte al Ministro della Salute. Non vi è dubbio, comunque, che quella dello statuto giuridico dell’embrione umano non deve essere emarginata nella relazione annuale del Ministro: “se nell’attuazione della L. 40/04 vogliamo raggiungere un adeguato bilanciamento tra l’obiettivo di superare la sterilità e l’infertilità da un lato e il rispetto della vita dall’altro, occorre assolutamente valorizzare il principio dell’art. 1 che qualifica soggetto titolare di diritti il concepito, al pari degli altri soggetti coinvolti nella vicenda procreativa”. ---------- This article is the review and comment of the Report of the Italian Minister of Health on the implementation of Law 40, February 19, 2004 on medically assisted procreation, submitted to the Parliament under article 15 paragraph 2. The Italian Pro-Life Movement (MpVI) to evaluate the data from time to time within ministerial documents has up to now submitted four reports to Parliament: the first in 2007, the second in 2009, the third in July 2011 and the fourth – subject of this article – in August 2012. The Ministerial Report focuses mainly on the realization of the desire of adults to have a child, according to the stated purpose of the law of “helping to resolve problems arising from human sterility or infertility”. Therefore the description of the path followed by various techniques and the connections between the various available data refer mainly to the adult couple. However, it is observed in the Report of the (MpVI), we shouldn’t neglect the article 1 of the Law indicating another key objective of the same Law which is: “to ensure the rights of all subjects involved including the human embryo”. So, the subjects we must take into account are not only the adults longing to have a child, but also the children from the first moment of their existence (just the event that the new techniques intend to be determined), that is, from the moment of conception. The articulated, documented and rich Report MpVI recalls briefly the system of Law – seriously altered by constitutional judgment 151/2009 – and the judicial interventions concerning it; it strongly emphasizes the great difference – as for the protection of the right to life of human embryo – between the death of the embryo after transfer into the genital tracts of women and his deliberate killing, direct, agreed that occurs when the embryo is not transferred to the genital tract of women is selected, but he is destroyed, made the object of experimentation, frozen, selected; it desputes the theory of the so-called “Weakened Law” dealing with the right to life of the unborn child; it focuses on the need to remove the causes hindering human procreation alternative to artificial procreation (in this regard is reported significant experience of the International Scientific Institute Paul VI on research on fertility and infertility human, working at the Policlinico Gemelli in Rome since 2003). Finally, the Report of MpVI concludes with some questions and work proposals addressed to the Minister of Health. There is no doubt, however, that the legal status of the human embryo should not be neglected in the annual Report of the Minister: “if about the implementation of the L. 40/2004 we want to achieve an appropriate balance between the objective of overcoming infertility and infertility on the one hand and respect for life on the other, it is essential to enhance the principle of article 1 that qualifies human embryo subject holder of human rights, like the other subjects involved in the medically assisted procreation”.


Legal Theory ◽  
2014 ◽  
Vol 20 (1) ◽  
pp. 25-51 ◽  
Author(s):  
Colin Grey

This paper argues that neither a general right to exclude migrants nor a general right to migrate freely exists. The extent of the right to exclude or the right to migrate freely must instead, in the majority of cases, be determined indirectly by examining whether a given immigration law or policy would result in the violation of migrants’ basic rights. Therefore states’ right to exclude migrants is constrained by what the author calls the indirect principle of freedom of migration. Under this principle, if an immigration law or policy cannot be imposed without violating a migrant's basic rights, then the law or policy cannot be legitimately implemented. The argument for this principle is undertaken both conceptually and substantively. It is then defended against the objections that on the one hand, it may not have enough critical force, and on the other, it may be overly restrictive of states’ power to exclude migrants.


2005 ◽  
Vol 18 (4) ◽  
pp. 691-710
Author(s):  
Denis Bourque

Clause 1(b) of the Canadian Bill of Rights specifies that every person has the right to equality before the law. The purpose of this article is to analyse, on the one hand, the meaning that the judges of the Supreme Court have given to this concept of equality before the law and, on the other hand, the way in which they have applied this aforementioned principle of Clause 1(b) of the Canadian Bill of Rights. Four judgements are the subject of Mr. Bourque's study. He concerns himself with the Drybones, Lavell, Burnshine and Canard judgements. In the course of analysing these cases, Mr. Bourque brings out the shilly-shallying of the judges in connection with their concept of equality before the law. In spite of this beating about the bush two concepts emerge at the level of the judges of the Supreme Court, namely an equalitarian concept of equality before the law, and a concept which makes equivalent equality before the law and the rule of law. According to Mr. Bourque, the analysis of these four judgements shows that it is the concept which makes equivalent equality before the law and the rule of law, which represents, the position of the Supreme Court, at the present time.


2019 ◽  
Vol 53 (1) ◽  
Author(s):  
Francois P. Möller

There is still confusion in theology and especially among members of the church concerning the fourth commandment and its observance. The following questions could be asked: What is the meaning of the Sabbath? What is the intention of rest on this day? Ought this commandment still be honoured like the other nine commandments of the Law? Does it still have any meaning for the church, or is Sunday a replacement for the Sabbath? The objective is to obtain greater clarity concerning the meaning, contents and application of the Sabbath as presented in both the Old and the New Testament. This is done from a dogmatic emphasis by dividing the Sabbath into three perspectives: The Creation Sabbath (God’s identification with it), the Covenant Sabbath (Israel’s identification with it), and the Atonement Sabbath (the church’s identification with it). This division does not assume three separate Sabbaths, but they are perspectives on the one Sabbath of God. The threefold perspective will contribute to a universal view on the Sabbath as presented in the creation narrative, the nation of Israel, and the church of the New Testament. This universal view is grounded in Christ who is the focal point, contents and connection between the three given perspectives. It is a Christocentric point of view that gives perception on the meaning, observance, application and message of the Sabbath for the church and every believer of our day.


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