On the Authority of Papal Encyclicals

2020 ◽  
pp. 288-306
Author(s):  
Ernst-Wolfgang Böckenförde ◽  
Mirjam Künkler ◽  
Tine Stein
Keyword(s):  
Catholic Church ◽  
Vatican Ii ◽  
Canon Law ◽  
Religious Freedom ◽  
Human Person ◽  
Law Reform ◽  
The Political ◽  
Teaching Staff ◽  
The Right ◽  
The Church

In this article Böckenförde connects two of the most important concerns throughout his life: the freedom of man and the constitution of the Catholic Church. Böckenförde shows that papal encyclicals are inherently fallible, demonstrated historically for example with reference to magisterial statements on religious freedom, which as late as the nineteenth century condemned religious freedom as leading to the dissolution of the divinely given order of truth. Böckenförde shows that this position is based on a perceived unity of morality and juridical law, which fails to distinguish their respective functions. Böckenförde then discusses the ‘Declaration on Religious Freedom’ by Vatican II as an epochal shift from the right of truth to the right of the person, endorsed with a theological legitimation, namely the dignity of the human person arising from the likeness of God. Böckenförde also proposes that the authority of encyclicals is dependent on the question of how far encyclicals are open to internal criticism, which does not signal a lack of faith, but rather an important corrective that needs to be taken into account by the magisterium based on the concept of sensus fidelium. Without such engagement, the connection between the authority of the teaching staff, which traditionally provides meaningful orientation, and the faithful’s willingness to follow, is in danger of dissolution. As Böckenförde elucidates with reference to the Codex Iuris Canonici of 1983, the political practice inside the Church is far from permitting such engagement. Böckenförde’s concluding remarks are dedicated to the need for canon law reform.

Implementasi Algoritma Raita Pada Aplikasi Hukum Kanonik Berbasis Mobile

2020 ◽  
Vol 7 (3) ◽  
pp. 455
Author(s):  
Efidoren L Nainggolan ◽  
Muhammad Syahrizal ◽  
Saidi Ramadan Siregar
Keyword(s):  
Catholic Church ◽  
Canon Law ◽  
String Matching ◽  
Eastern Orthodox ◽  
Orthodox Church ◽  
Matching Algorithm ◽  
Church Law ◽  
The Right ◽  
The Church ◽  
Eastern Orthodox Church

Canonical law is an internal church law governing the Catholic Church, Eastern Orthodox Church, Eastern Orthodox Church, Anglican Communion. How the laws of the church are governed, interpreted and sometimes examined differ fundamentally between the three church bodies. in all three traditions, a canon was originally a rule accepted by an assembly, these canons formed the basis for canon law. Raita algorithm is part of the exact string matching algorithm, which is matching the string exactly with the arrangement of characters in the matched string that has the same number or sequence of characters in the string. Matching strings on the raita algorithm is done through a shift from the right of the character then to the left of the character and to the middle of the character. The problem in this research is the content of canon law in general consists of a very large number of pages of books, this makes it difficult for canonical law users to find the contents needed, then in the search it takes time to find the contents of canonical law that are searched for too many search problems. that is, too much time must be needed to find the contents of the canonical law sought

La dichiarazione Dignitatis Humanae: Rottura o Riforma e Rinnovamento nella continuità dell’unico soggetto Chiesa?

2019 ◽  
Vol 48 (2) ◽  
pp. 377-395
Author(s):  
Agostino Marchetto
Keyword(s):  
Religious Freedom ◽  
Human Person ◽  
Essential Elements ◽  
Historical Background ◽  
The Public ◽  
Vatican Council ◽  
The Difference ◽  
The One ◽  
The Right ◽  
The Church

The contribution starts with a status quaestionis which concerns its title about the hermeneutics of Vatican ii, well based in historical background. The roots are grounded in the difference between “event” and “occurrence” – in italian “evento” e “avvenimento”. This is linked with the change in the perspective of historiography realized in the first part of the last century. The vision of continuity (see “Annales”) was put aside, introducing the one of “events”, which are linked with “ruptures” and not continuity in the course of history. With this frame we can understand that in the one of the Church there must be consideration for the hermeneutics expressed finally in the formula of the title closed by a question mark, that is: D.H.: rupture or reform and renewal in the continuity of the unique subject the Church? The answer is: no rupture in discontinuity but reform and renewal. The initial input of the contribution are the speeches of Pope Francis in the U.S.A. and U.N., an answer to the actual Sitz im Leben as far as religious freedom in nowadays society, 50 years after D.H., in a moment in which more attention is given to the texts of Vatican ii, concretely avoiding to consider “the Council of the Press” (Pope Benedict) instead of the one “of the conciliar Fathers” (= participants). The procedure of the author is certainly inspired by the volume Vatican ii. La liberté religieuse, ed. by J. Hamer and Y. Congar. The first point of attention therefore in the analysis is “homogeneous evolution of the pontifical doctrine on the matter”. It is a fundamental vision which allows even a dogmatic evolution, if it is homogeneous. In fact, the Declaration represented a development of the doctrine, a step forward in the progress of civilization, a progress in the catholic doctrine but in the line of no contradiction. And at this point the thoughts of the two fundamental pillars allowing this step forward are presented; they are J. Courtney Murray and P. Pavan. Very important is the Courtney’s statement in this regard, the following: “The doctrine of D.H. is in plenitude traditional, but it is also new, in the sense that tradition is always a developing and progressive tradition”. The author presents later on some essential elements of the right to religious freedom, with the most important and solemn affirmation in the text (N. 2): This Vatican Council declares that the human person has the right to religious freedom. It is truly an historical affirmation in the life of the Church and also for the human family. It follows the study of the relation between religious freedom and the public powers and the illustration of the education to exercise freedom under the light of the Revelation. In the final part of the essay the author analyses…some consequences of D.H. without forgetting a judgment about the actual situation of religious freedom in the world which is becoming always more serious and worrying. Here two citations of Archbishop Paul R. Gallagher, Secretary of the Relations with the States of the Papal Secretariat, are exemplary, that is: “Unfortunately we have to admit that for years the question of the violence against Christians was not taken in serious consideration. – He concluded: Even if we cannot speak of persecution in the old continent [Europe] nevertheless we must not underestimate the rather alarming phenomenon of the intolerance of religious character”.

The dignity of the human person: Towards an evangelical reading of the theology of personhood of Vatican II

2005 ◽  
Vol 77 (3) ◽  
pp. 249-259
Author(s):  
Leonardo de Chirico
Keyword(s):  
Vatican Ii ◽  
Religious Freedom ◽  
Human Person ◽  
Modern World ◽  
Roman Catholicism ◽  
Gaudium Et Spes ◽  
Recent Interest ◽  
Dignitatis Humanae ◽  
The Church

Present-day magisterial Roman Catholicism offers an interesting perspective on personhood. Recent interest in personhood has been fostered by Vatican II (1962-1965), especially the ‘Pastoral Constitution on the Church in the Modern World’ (Gaudium et spes) and the ‘Declaration on Religious Freedom’ (Dignitatis humanae). The anthropological thrust of Vatican II is particularly referred to the dignity of the human person, her mystery, and vocation. In all these aspects of personhood, the Church plays a fundamental role. In fact, the (Roman) Church is seen as safeguarding the dignity of the person , shedding light on the mystery of the person, and is the place where the person can fully accomplish his vocation. While the focus seems to be on the person, the Church is always in the background.

Liberal Democracy and the Right to Religious Freedom

2009 ◽  
Vol 71 (4) ◽  
pp. 621-635
Author(s):  
Michael J. Perry
Keyword(s):  
Human Dignity ◽  
Catholic Church ◽  
Liberal Democracy ◽  
Religious Freedom ◽  
Prima Facie ◽  
Roman Catholic Church ◽  
Liberal Democratic ◽  
Dignitatis Humanae ◽  
The Right ◽  
The Church

AbstractThe Roman Catholic Church was famously late to embrace the right to religious freedom. Some have plausibly maintained that when, in 1965, the cardinals and bishops at the Second Vatican Council overwhelmingly adopted the Declaration on Religious Freedom—known by the first two words of its official Latin version: Dignitatis Humanae—the church betrayed one of its most traditional and established theological teachings. The right to religious freedom, according to international law, rests in part on respect for human dignity. Thus there is a prima facie link between the liberal democratic justification and the church's 1965 justification. But, as I will argue, the appeal to human dignity is not a preserve of modern liberal democracy. Indeed, we can imagine a government that limits religious freedom because it wishes to save souls, and this precisely out of a respect for human dignity. A similar view was held by the pre-Vatican II church. Thus the appeal to human dignity is not evidence of a fundamental shift by the church. What then does account for the church's undeniable change of direction? Human dignity by itself cannot provide the fundamental justification for the right to religious freedom. Another ingredient is needed: distrust, born of long historical experience, of government authority to adjudicate questions of religious truth. The church in Dignitatis Humanae accepted this lesson of history, a lesson available to believers of a variety of stripes as well as nonbelievers.

scholarly journals The Role of the Altar and Tabernacle in the Catholic Church Interior in the Light of Post-conciliar Recommendations and Architectural Arrangement of the Church Interior

2021 ◽  
Vol 48 (4) ◽  
pp. 250-277
Author(s):  
Mirosław Bogdan
Keyword(s):  
Catholic Church ◽  
Vatican Ii ◽  
Canon Law ◽  
Code Of Canon Law ◽  
Community Of Faith ◽  
Liturgical Renewal ◽  
The Aesthetic ◽  
The Church ◽  
The Catholic Church

The article defines the role of the altar and tabernacle in the contemporary architectural sacred interior treated as domus ecclesiae, designed to fulfill liturgical functions in accordance with the post-conciliar renewal of Vatican II. The article takes into account the problem of celebrating Holy Mass. by the celebrant with his back to the tabernacle located centrally behind the post-conciliar altar. With reference to the irreversibility of the liturgical renewal, apart from the ordinary form of the Roman rite, the existence of the extraordinary (Tridentine) form of this rite, also accepted by Vatican II, is taken into account.  By presenting the presence of the post-conciliar altar brought closer to the zone of the faithful, the meaning of the Code of Canon Law is defined. The article, defining the irreversibility of the liturgical renewal, presents the location of the tabernacle separated from the altar, built architecturally in the nave or chapel of the church. At the same time, the aesthetic beauty of the liturgical interior furnishings is determined, when all this exists in accordance with the post-conciliar ordinances and serves to build a community of faith.

scholarly journals Constantability of Catholic Church Teaching Religious Freedom

2020 ◽  
pp. 157-179
Author(s):  
Michał Kmieć
Keyword(s):  
Twentieth Century ◽  
Catholic Church ◽  
Religious Freedom ◽  
The State ◽  
The Right ◽  
The Relationship ◽  
The Church ◽  
Church Teaching

The purpose of the article is to embed the twentieth-century teaching of the Church's Magisterium on the right to religious freedom in the Church's Tradition, showing clear evidence for the continuity of this teaching. Religious freedom is not a law that existed in the teaching of the Church fifty years ago, but one of its traditional elements, which may not have been strongly realized for centuries. It is, however, one of the elements of science about the relationship between the Church and the state that does not contradict any other elements.

THE CATHOLIC CHURCH TESTED FOR CONFESSIONALISM: THE VATICAN II DOCTRINAL PRINCIPLES

2018 ◽  
Vol 33 (2) ◽  
pp. 155-171
Author(s):  
Matteo Visioli
Keyword(s):  
Catholic Church ◽  
Vatican Ii ◽  
Church And State ◽  
The State ◽  
Religious Liberty ◽  
Vatican Council ◽  
Concept Of Truth ◽  
The Right ◽  
The Church ◽  
The Catholic Church

AbstractIn Catholic doctrine, church and state are two different and autonomous institutional subjects, but they are mutually linked. Therefore, a believer, as a citizen, is a subject simultaneously of two legal systems; the state is bound to recognize the confessional dimension of its own members, and the church is called to realize its proper ends within a precise political-social context. The Second Vatican Council (1962–1965) constitutes for the Catholic Church a point of change and renewal. It did not limit itself to affirming the coexistence of the two systems in their independence, but it declared the necessity of a mutual alliance for the good of citizens and believers.Therefore, the church offers its own contribution to the state, favoring in this way the right to religious liberty; and the state allows the church to establish itself and carry out its proper mission in an institutional form, guaranteeing the protection of the rights of citizens as believers for the free expression of their faith, whether in a private dimension or in an organized form. Vatican II abandons, therefore, the concept of “state religion” in the classic sense of the term, and thus the privilege reserved to one among numerous religious expressions, and opens an authentic collaboration between parties as a prerequisite for the good not only for individual believers and religious organizations, but also for society itself. In particular, religious liberty finds its foundation no longer in the concept of truth (that legitimized the exclusion of other confessions in that they were “not true”), but in the concept of the dignity of the person, which must be protected as such.

The Wound in the Right Foot: A Second Opinion

1995 ◽  
Vol 8 (3) ◽  
pp. 274-290
Author(s):  
John Hill
Keyword(s):  
Catholic Church ◽  
Vatican Ii ◽  
Current Mode ◽  
Roman Catholic ◽  
Church History ◽  
The Self ◽  
Roman Catholic Church ◽  
The Times ◽  
The Right ◽  
The Church

Antonio Rosmini and Garrett Sweeney have each contributed to the debate on the appointment of bishops in the Roman Catholic Church. Revisiting their arguments reminds us of the changes in the mode of appointment in the course of church history, and of the comparative recency of the current mode. The vigour of the debate in recent years may be traced to a shift in the self-perception of the church since Vatican II. This shift seems to demand a re-examination of the mode of appointment, and its adaptation to the times.

KOŚCIÓŁ KATOLICKI WOBEC ZAGADNIENIA MAŁŻEŃSTW MIESZANYCH RELIGIJNIE W KONTEKŚCIE MIGRACJI

2018 ◽  
Vol 17 (1) ◽  
pp. 37-45
Author(s):  
Piotr Wojnicz
Keyword(s):  
Jesus Christ ◽  
Subject Matter ◽  
Catholic Church ◽  
Canon Law ◽  
International Level ◽  
Holy Trinity ◽  
Mixed Marriages ◽  
The Church ◽  
The Catholic Church

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.

scholarly journals The Impact of the Church–State Model for an Effective Guarantee of Religious Freedom: A Study of the Peruvian Experience during the COVID-19 Pandemic

Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 40
Author(s):  
Susana Mosquera
Keyword(s):  
Religious Freedom ◽  
Current Crisis ◽  
Dual Nature ◽  
Legal Model ◽  
The Individual ◽  
The Right ◽  
Institutional Guarantee ◽  
The Impact ◽  
Individual Dimension ◽  
The Church

During the COVID-19 pandemic, many governments established important restrictions on religious freedom. Due to a restrictive interpretation of the right to religious freedom, religion was placed in the category of “non-essential activity” and was, therefore, unprotected. Within this framework, this paper tries to offer a reflection on the relevance of the dual nature of religious freedom as an individual and collective right, since the current crisis has made it clear that the individual dimension of religious freedom is vulnerable when the legal model does not offer an adequate institutional guarantee to the collective dimension of religious freedom.

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