ПроблемырелигиозногообращениявюридическомтворчествеАльфонсоХ

2019 ◽  
pp. 56-85
Author(s):  
L.V. Chernina

Статья посвящена разновидностям религиозного обращения в Кастилии в 13м веке, главным образом в том виде, в каком они появляются в легальных источниках эры Альфонсина. Заметное еврейское меньшинство существовало в средневековых христианских штатах Пиренейского полуострова наряду с более крупным мусульманским. Церковь и какимто образом государство поощряло членов этих групп принять христианство. Это было главной целью различных мер, некоторые из которых нашли свое отражение в Fuero Real , Especulo и Siete Partidas : защита собственности новообращенных, регулирование брачных отношений в связи с изменением веры, установление наказаний для тех, кто мешает человеку перейти в христианское общество. Особое внимание уделяется отступничеству отказу от христианства для иудаизма или ислама, а также методам противодействия ему, предложенным юристами Альфонсо. Широко распространено мнение, что законы, которые регулировали религиозное обращение в светской правовой теории 13го века, в основном копируют существующий канонический закон. Однако анализ показывает, что на процесс составления законов влияли как церковная традиция, так и непосредственные военные и политические интересы Кастилии.The article is dedicated to the varieties of religious conversion in Castile in the 13th century, mainly as they appear in the legal sources of Alfonsine era. A noticeable Jewish minority existed in medieval Christian states of the Iberian Peninsula alongside with a larger Muslim one. The Church and in some way the State encouraged the members of these groups to adopt Christianity. This was the main purpose of different measures some of which found their reflection in Fuero Real , Especulo and Siete Partidas : protection of the converts property, the regulation of marital relations in connection with the change of faith, establishment of punishments for those who prevent an individual from the conversion to Christian society. Special attention is paid to the apostasy a rejection of Christianity for Judaism or Islam, and to the methods to impede it, suggested by Alfonsos jurists. It is widely agreed that the laws which regulated the religious conversion in the secular legal theory of the 13th century mostly copy the existed canon law. However the analysis demonstrates that the process of composition of laws was influenced both by the ecclesiastic tradition and the immediate military and political interests of Castile.

Author(s):  
Sara McDougall

Canon law, the law of the church, defined men and women as distinct and different. Nevertheless, particularly in marriage, canon law also endorsed several important equalities for spouses, irrespective of gender. This article seeks out the balance between gender equalities and inequalities in marriage as found in legal theory and in legal practice, in canon law and in canon law courts. The law itself called for a contradictory positioning of men and women as husbands and wives in a relationship that required both a hierarchical structure and at the same time equality. Ecclesiastical judges practiced a complex implementation of these rules. The article will examine the place of gender in canon law and legal practice concerning marriage in three stages: marriage formation, married life, and dissolution.


2020 ◽  
pp. 343-350
Author(s):  
Владимир Михайлович Тюленев

В числе научных направлений, разрабатываемых в отечественной исторической науке последних нескольких лет, особенно выделяется то, что связано с изучением христианской Испании периода раннего Средневековья. За сравнительно короткий период времени вышло в свет сразу несколько изданий, предлагающих читателю как источники, отражающие становление христианского общества и культуры на Пиренейском полуострове периода поздней Римской империи и варварских королевств, так и исследования, в которых даётся новый взгляд на особенности иберийской истории того времени. Рецензируемая книга, подготовленная коллективом автором под общим научным руководством О. В. Аурова, является ярким примером успешного осмысления, а где-то переосмысления, исторического опыта христианства и Церкви вестготской Испании. Among the scientific directions that have been developed in the domestic historical science of the last few years, the most prominent is that associated with the study of Christian Spain in the early Middle Ages. In a relatively short period of time, several publications were published at once, offering the reader both sources reflecting the formation of Christian society and culture on the Iberian Peninsula during the period of the late Roman Empire and barbarian kingdoms, and studies that provide a new look at the features of the Iberian history of that time. The book under review, prepared by the team of the author under the general scientific guidance of O. V. Aurov, is a vivid example of a successful understanding, and somewhere rethinking, of the historical experience of Christianity and the Church of Visigothic Spain.


Ecclesiology ◽  
2008 ◽  
Vol 4 (3) ◽  
pp. 308-325
Author(s):  
Gordon Arthur

AbstractThis paper offers a theological examination of the legal theory underlying the Canon Law of the Roman Catholic Church from the time of Gratian onwards, and of the Church of England since the Reformation, comparing the latter with parallel developments in English Common Law. Despite their very different contexts, structures and emphases, a surprising degree of similarity emerges, which may provide a basis for further discussion and convergence in the future.


Res Rhetorica ◽  
2017 ◽  
Vol 4 (3) ◽  
Author(s):  
Joanna Partyka

Some interesting conclusions on folk-paganism are drawn here from a comparison of 16th, 17th and 18th-century confessional handbooks (libri poenitentiales) originating in the Iberian Peninsula and Polish Commonwealth. Four penitentials which include large lists of sins and the penances prescribed for them are the main object of comparison: the 13th-century Latin work Summa de confessionis discretione by Brother Rudolf, the penitential from 1633 Instrución de confesores, como han de administrar el Sacramento de la Penitencia by Spanish Jesuit Antonio Fernandez de Cordoba, El fuero de la conciencia by Valentín de la Madre de Dios from 1704, and the Polish penitential from 1753 entitled Kolęda duchowna parafianom od pasterzów [The Pastoral Visit] authored by Marcin Józef Nowakowski. It proved that the structure and contents of the analysed texts are very similar and remained practically unchanged: despite the lapse of time they continued to play the same role.


1987 ◽  
Vol 1 (1) ◽  
pp. 5-14 ◽  
Author(s):  
Eric Kemp

The word Canon means a rule or norm and it was used at quite an early stage of the Church's history to denote both general principles governing the life of the Christian society and particular enactments of Christian assemblies. The subject matter of the canons is as wide as the life of the Church itself and consequently very varied in its nature. At one end of its range it is concerned with matters fundamental to the Church's existence such as the creeds and sacraments. At the other it deals with practical arrangements such as the ownership and use of buildings. At a recent conference with German Lutherans I was asked whether the canon law was jus divinum or jus humanum, and I felt bound to reply. ‘Both’, because of this wide range which stretches from revelation to convenience.


2011 ◽  
Vol 1 (2) ◽  
pp. 147-174
Author(s):  
Kalle Korhonen

The article focuses on the roles of Greek, Latin/Romance and Arabic in the onomastics of Northeastern Sicily between the 11th and 13th centuries. The first part deals with landless peasants from four villages at the turn of the 11th and 12th centuries. I argue that the role played by Arabic in the nomenclature of these communities was more important than has previously been suggested and the role of Romance speakers may have been minimal. The important role of Arabic is interpreted as a consequence of a situation of linguistic dominance and borrowing of word-forms. In the second part, I analyze the onomastics of the free population of northeastern Sicily attested in charters during the 12th and 13th centuries. I argue that the 13th century was the crucial period when Greek lost its initially high prestige. This is visible in both first names and second name elements. In first names, Greek speakers started to accommodate their nomenclature to their surroundings, dominated by Romance languages and the church of Rome, which meant that both language shift and religious conversion played a role. The second name elements in Greek were seldom transferred to the name stock of the Romance-speaking population. I argue that the role of the city of Messina, in which monolingual Romance communities were evidently formed, was important in this process. When such a community was formed in Messina, the Greek language was marginalized fairly rapidly even in northeastern Sicily, where it had had an important position. However, some surnames with a Greek or Arabic etymology survived in the local name stock until the present. I explain this by referring to the role of the de-semanticization of such name elements. This consists both of the semantic bleaching of the original significance of the names and of the neutralization of their linguistic connotations.


2018 ◽  
Vol 9 (03) ◽  
pp. 20628-20638
Author(s):  
Anik Yuesti ◽  
I Made Dwi Adnyana

One of the things that are often highlighted in the world of spirituality is a matter of sexual scandal. But lately, the focus of the spiritual world is financial transparency and accountability. Financial scandals began to arise in the Church, as was the case in the Protestant Christian Church of Bukti Doa Nusa Dua Congregation in Bali. The scandal involved clergy and even some church leaders. This study aims to describe how the conflict occurred because of financial scandals in the Church. The method used in this study is the Ontic dialectic. Based on this research, the conflict in the Bukit Doa Church is a conflict caused by an internal financial scandal. The scandal resulted in fairly widespread conflict in the various lines of the organization. It led to the issuance of the Dismissal Decrees of the church pastor and also one of the members of Financial Supervisory Council. This conflict has also resulted in the leadership of the church had violated human rights. Source of conflict is not resolved in a fair, but more concerned with political interests and groups. Thus, the source of the problem is still attached to its original place.


2017 ◽  
Vol 15 (2) ◽  
pp. 9-22
Author(s):  
Marek Maciejewski

The origin of universities reaches the period of Ancient Greece when philosophy (sophists, Socrates, Plato, Aristotle, stoics and others) – the “Queen of sciences”, and the first institutions of higher education (among others, Plato’s Academy, Cassiodorus’ Vivarium, gymnasia) came into existence. Even before the new era, schools having the nature of universities existed also beyond European borders, including those in China and India. In the early Middle Ages, those types of schools functioned in Northern Africa and in the Near East (Baghdad, Cairo, Constantinople, cities of Southern Spain). The first university in the full meaning of the word was founded at the end of the 11th century in Bologna. It was based on a two-tiered education cycle. Following its creation, soon new universities – at first – in Italy, then (in the 12th and 13th century) in other European cities – were established. The author of the article describes their modes of operation, the methods of conducting research and organizing students’ education, the existing student traditions and customs. From the very beginning of the universities’ existence the study of law was part of their curricula, based primarily on the teaching of Roman law and – with time – the canon law. The rise of universities can be dated from the end of the Middle Ages and the beginning of modernity. In the 17th and 18th century they underwent a crisis which was successfully overcome at the end of the 19th century and throughout the following one.


2018 ◽  
Vol 17 (1) ◽  
pp. 37-45
Author(s):  
Piotr Wojnicz

The increase in migration at the international level also increases the number of religiouslymixed marriages. The Catholic Church advises against entering into such marriages because thisissue refers to the laws of God and the question of preserving faith. The Catholic Church approvesof mixed marriages in terms of nationality or race because belonging to the Church is primarilydetermined by faith in Jesus Christ and baptism in the name of the Holy Trinity. Independentlyof canon law, progressive social secularization is noticeable on that subject matter.


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