scholarly journals Christ’s Evolution of Moral Upbringing in the Light of Letters to Young People by Popes St. John Paul II and Francis

2021 ◽  
Vol 56 (4) ◽  
pp. 27-43
Author(s):  
Wojciech Cichosz
Keyword(s):  
Young People ◽  
Jesus Christ ◽  
Pope Francis ◽  
John Paul Ii ◽  
Cultural Transformations ◽  
Starting Point ◽  
The Law ◽  
The One ◽  
Child Of God ◽  
Good And Evil

The significant social, economic and cultural transformations taking place since the second half of the twentieth century reveal with increasing force that young people are diverging more and more from adults as far as ethics and morality are concerned. Contemporary reflection on morality is increasingly being expressed in the manifestation of individuals’ rights. This is the view of both the Letter to the Young People Parati semper by St. John Paul II (1985) and the Post-Synodal Apostolic Exhortation Christus vivit by Pope Francis (2019). The above papal documents will become the starting point for answering the following question: What does Christ propose in terms of morality? Man is capable by nature (in his heart) of recognizing good and evil. Morality is then bound to keeping the Law, which, while being positive, is limited in time. Man’s coming to faith causes, as Pope Francis points out, the exhaustion of the Law’s propaedeutic value and, thus, gives way to another authority. The Law is still in force (the commandments continue to exist), but it has no justifying power. The one who justifies is Jesus Christ. In this context, it is crucial to answer the question regarding the stage of moral maturation: do I still need the Law, or perhaps I am already living in the love and freedom of a child of God. These levels of morality cannot, as postulated by St. John Paul II in Parati semper and Francis in Christus vivit, be treated as separate or contradictory, because both are necessary. Hence, one cannot reject and despise the commandments and, at the same time, keep them, even though they are not absolute, because salvation is in Jesus Christ.

Responsive Regulierung für den homo oeconomicus institutionalis – Ökonomische Verhaltenstheorie in der Verhältnismäßigkeitsprüfung

2001 ◽  
Author(s):  
Kilian Bizer ◽  
Martin Führ
Keyword(s):  
Economic Analysis ◽  
Institutional Economics ◽  
Behavioral Model ◽  
Legal Framework ◽  
Homo Oeconomicus ◽  
Starting Point ◽  
The Law ◽  
Principle Of Proportionality ◽  
The One ◽  
Analytical Tools

The starting point of the research project was the hypothesis that the "principle of proportionality", which is fundamental to law, is related to the "economic principle". The resulting methodological similarities were intended to enable a cross-disciplinary bridge to be built, which would allow the findings of economic analysis to be made fruitful for legal issues. This was practically tested in three study areas in order to be able to better classify the performance of the analytical tools. The foundations for interdisciplinary bridge building are found in the rational-choice paradigm. In both disciplines, this paradigm calls for an examination of the relationship between the purpose-means-relations: among the design options under consideration, the one must be selected that is expected to be as (freedom- or resource-) sparing as possible, in other words, the most "waste-free" solution to the control problem.The results of the economic analysis can thus be "translated" in such a way that, within the framework of "necessity", they support the search for control instruments that are equivalent to the objective but less disruptive. supports. The core of the positive economic analysis is the motivational situation of those actors whose behavior is to be influenced by a changed legal framework. In this context, the classical behavioral model of economics proved to be too limited. It therefore had to be developed further in line with the findings of research in institutional economics into homo oeconomicus institutionalis. This behavioral model takes into account not only the consequentialist, strictly situational utility orientation of the model person, but also other factors influencing behavior, including above all those that are institutionally mediated. If one takes the motivational situation of the actors as the starting point for policy-advising design recommendations, it becomes apparent that an understanding of governance dominated by imperative behavioral specifications leads to less favorable results, both in terms of the degree to which goals are achieved and in terms of the freedom-impairing effects, than a mixed-instrument approach oriented toward the model of "responsive regulation." According to this model, the law can no longer simply assume that those subject to the law will "obediently" execute the legal commands. It must ask itself what other factors determine behavior and under what boundary conditions changes can be expected in the direction of the desired behavior. For this reason, too, it must engage with the cognitive program of the behavioral sciences. This linkage opens up new perspectives for interdisciplinary research on the consequences of laws.

scholarly journals The priesthood of Christ in the light of John Paul II’s letters to priests for Maundy Thursday

2021 ◽  
pp. 191-205
Author(s):  
Tomasz Nawracała
Keyword(s):  
The Other ◽  
Special Topic ◽  
John Paul Ii ◽  
Starting Point ◽  
The Subject ◽  
The One ◽  
The Mind ◽  
The Sacrifice ◽  
The Church ◽  
Broad Approach

The long pontificate of John Paul II was a time for the Church to continue reflecting on the fundamental themes that constitute the identity of the community of Christ’s disciples. Among many subjects, the priesthood appears to be a special topic: on the one hand, through the pope himself and his pastoral activity, and on the other - through a series of documents devoted to the priesthood. This article will present the person of Christ as a priest since it is the starting point for reflection on the priesthood as such. In the mind of the Polish Pope, Christ is the only priest who connects His priesthood with the sacrifice on the cross. This sacrifice includes the perfection of mediation between God and people, and simultaneously, the completion of what Christ possesses eternally as the Son. Sonship, mediation and the priesthood are topics that should be considered together as they not only interpenetrate but also complement each other. Such a broad approach to the subject, however, is limited to the analysis of the Letters to priests for Maundy Thursday.

scholarly journals PECULIARITY AND ESSENCE OF “ONE-TIME (SPECIAL) VOLUNTARY DECLARATION BY INDIVIDUALS OF ASSETS BELONGING TO THEM” AS A DIFFERENCE OF “TAX AMNESTY”

2021 ◽  
pp. 94-103
Author(s):  
S. I. Kuksenko
Keyword(s):  
Financial Indicators ◽  
Business Climate ◽  
Tax Base ◽  
Tax Amnesty ◽  
Scientific Analysis ◽  
Starting Point ◽  
The Future ◽  
Red Tape ◽  
The Law ◽  
The One

The article analyzes the essence and peculiarity of one-time (special) voluntary declaration by individuals of their assets in accordance with the Law of Ukraine of 15 June 2021 “On Amendments to the Tax Code of Ukraine and Other Laws of Ukraine on Stimulating the Un-Shadowing of Incomes and Increasing the Citizens’ Tax Culture by Introducing One-Time (Special) Voluntary Declaration of Assets Belonging to Individuals and Payment of the One-Time udget Levy”. The author highlights the formal tasks of the proposed voluntary declaration, carries out a scientific analysis of the concepts of “tax amnesty”, “capital amnesty”, and proposed their own generalizing definitions. The author finds that “one-time (special) voluntary declaration” combines features of both “tax amnesty” and “capital amnesty”. The author recapitulates the practice of conducting tax amnesties by different countries and attempts to implement tax amnesty in Ukraine for legal entities in 2015 in the form of a “tax compromise”. To determine the effectiveness of amnesties, the author proposes to take into account not only financial indicators: the amount of legalized capital and taxes paid to the budget, but also factors that change society’s values: increasing legal awareness, improving tax culture and discipline, improving the business climate, expanding the tax base. Based on the analysis of paras 3, 5, 10 of the law on “one-time voluntary declaration” the author concluded that although the majority of citizens will not file a special declaration, the wealth of each citizen (“composition and volume of assets”) will actually be declared as of 1 September 2021. This “zero declaration” will be the starting point for assets calculation, which will be taken into account by the tax authorities in the future. The author draws attention to a number of debatable points of the law, which allow for the possibility of their ambiguous interpretation and may give rise to legal red tape and lawsuits in the future. Based on the analysis of the experience and effectiveness of “amnesties” in different countries, as well as “tax compromise” in Ukraine, the author identified and systematized factors that positively and negatively affect the effectiveness of tax amnesty. It is established that the conduct of “voluntary declaration” will be influenced by both groups of factors. In the conclusions, the author proposes measures aimed at neutralizing the negative factors.

scholarly journals Os pobres como boa notícia para a vida da Igreja: as cartas do Papa Francisco para o dia mundial dos pobres | The Poor as Good News to the Life of the Church: Pope Francis’ Letters for the World Day of the Poor

2020 ◽  
Vol 5 (1) ◽  
pp. 96
Author(s):  
Rogério L. Zanini
Keyword(s):  
Jesus Christ ◽  
Good News ◽  
Pope Francis ◽  
Presence Of God ◽  
The Poor ◽  
Good Deed ◽  
The World ◽  
The One ◽  
The Relationship ◽  
The Church

O Papa Francisco instituiu, em 2016, o Dia Mundial dos Pobres. Nos três anos seguintes, emitiu, em cada ano, uma carta-mensagem enfatizando a necessidade de a Igreja colocar os pobres, prediletos de Jesus Cristo, no centro de sua missão. Por um lado, o mundo dos pobres se apresenta com uma multiplicidade de expressões: rostos marcados pelo sofrimento, pelas injustiças sociais, pelos bolsões de pobreza próximos de mansões e sendo repelidos por muros e esquemas de alta segurança. Por outro lado, os pobres, sob o olhar da fé que brota do Deus revelado por Jesus Cristo, são para o cristianismo a presença do próprio Deus na história. Assim, os pobres não são apenas destinatários de uma boa ação, de alguns gestos improvisados de caridade, mas, ao contrário, na relação com os pobres se toca com as mãos a carne de Cristo. Este artigo reflete sobre essas questões a partir das cartas do Papa para o Dia Mundial dos Pobres, tendo como chave-interpretativa o conceito de pobreza fruto da Conferência de Medellín (1968), que se dá em uma perspectiva tríade: pobreza como carência, fruto de injustiças; a pobreza evangélica que precisa ser buscada como lembram os profetas e o próprio Jesus de Nazaré; e pobreza como realidade de solidariedade e missão intrínseca da vida da Igreja.   Abstract Pope Francis established the World Day of the Poor in 2016. Since then, he wrote, each year, a letter-message emphasizing the need for the Church to place the poor, favorites of Jesus Christ, in the center of her mission. On the one hand, the world of the poor presents itself with a multiplicity of expressions: faces marked by suffering, social injustices, areas blighted by poverty living close to mansions and being repelled by walls and high security schemes. On the other hand, the poor, under the sight of faith, which springs from the God revealed by Jesus Christ, are the presence of God Himself in history. Thereby, the poor are not only recipients of a good deed, some improvised gestures of charity, but, on the contrary, in the relationship with the poor, we touch with our own hands the flesh of Christ. This article reflects on those questions, based on the papal letters for the World Day of the Poor, and taking as a hermeneutical key the concept of poverty established in the Medellín conference (1968) in a triad perspective: poverty as a lack and a fruit of injustice; the evangelical poverty that needs to be pursued as the prophets and Jesus of Nazareth remember; and poverty as a reality of solidarity and an intrinsic mission of the Church's life.

scholarly journals “[…] from Our Own Comfort Zone […] to […] All the ‘Peripheries’” (EG 20). A Franciscan Keyword of Pope Francis and its Significance for Christian Worship

Religions ◽  
2018 ◽  
Vol 9 (10) ◽  
pp. 290
Author(s):  
Stephan Winter
Keyword(s):  
Good News ◽  
Comfort Zone ◽  
Pope Francis ◽  
Popular Piety ◽  
The Bible ◽  
Starting Point ◽  
Liturgical Texts ◽  
Christian Worship ◽  
The One ◽  
The Church

In Evangelii gaudium (No. 20), Pope Francis writes: “In our day Jesus’ command to ‘go and make disciples’ echoes in the changing scenarios and ever new challenges to the Church’s mission of evangelization […]. Each Christian and every community must discern the path that the Lord points out, but all of us are asked to obey his call to go forth from our own comfort zone in order to reach all the ‘peripheries’ in need of the light of the Gospel.” Here and in other passages the Pope makes clear that he understands the Church and its mission in a very Franciscan way. Consider how St. Francis of Assisi kept company with the poor, and bear in mind texts like his “Instructions for brothers who want to go on the missions”. Celebration in worship is an important element of such an evangelization: it opens a way to the experience of the One who really sends the Good News to all believers! This article argues that Francis prefers two options to promote a Franciscan worship practice in that sense: for him it is “imperative to evangelize cultures in order to inculturate the Gospel” (EG 69). Firstly, worshipping should be connected with “authentic ‘popular piety” as the “starting point” of Evangelization (ibid. and EG 70), and secondly the translation of official liturgical texts should follow a threefold fidelity: to the Bible, to the Church’s tradition, and to any given people’s own language (cf. Motu Proprio Magnum Principium). The Pope’s strategy here follows de facto ideas of St. Francis, such as when the Poverello enlivened the mystery of the Incarnation by arranging a manger in Greccio (1223). One conclusion from this is that the Church has to develop ideas “in restoring a mystical adherence to the faith in a pluralistic religious landscape” (EG 70).

scholarly journals Movements, Moments, and the Eroding Antitrust Consensus

2019 ◽  
Author(s):  
Michael Wolfe
Keyword(s):  
Review Essay ◽  
Copyright Law ◽  
Reform Movement ◽  
Antitrust Law ◽  
Critical Perspective ◽  
Technology Firms ◽  
Starting Point ◽  
Current Reform ◽  
The Law ◽  
The One

Timothy Wu’s book, The Curse of Bigness, offers a brief history on and critical perspective of antitrust law's development over the last century, calling for a return to a Brandeisian approach to the law. In this review-essay, I use Wu's text as a starting point to explore antitrust law’s current political moment. Tracing the dynamics at play in this debate and Wu’s role in it, I note areas underexplored in Wu’s text regarding the interplay of antitrust law with other forms of industrial regulation, highlighting in particular current difficulties in copyright law as one of the underlying tensions driving popular discontent with the major technology firms or “tech trusts.” I consider the continuing influence of Robert Bork’s The Antitrust Paradox, now more than forty years old, and how the current reform movement might execute a shift as lasting and substantial as the one Bork spearheaded with his book.

YOUTH EXPECTATIONS OF SMART CITY LIVING: AN IMPORTANCE- PERFORMANCE ANALYSIS OF YOUNG RESIDENTS’ PERSPECTIVES OF CITY GOVERNMENT

2017 ◽  
Vol 14 (1) ◽  
pp. 118-128
Author(s):  
Jason Cohen ◽  
Judy Backhouse ◽  
Omar Ally
Keyword(s):  
Performance Analysis ◽  
Young People ◽  
Smart City ◽  
Smart Cities ◽  
City Government ◽  
Diagnostic Tools ◽  
City Management ◽  
Bottom Up ◽  
Starting Point ◽  
The City

Young people are important to cities, bringing skills and energy and contributing to economic activity. New technologies have led to the idea of a smart city as a framework for city management. Smart cities are developed from the top-down through government programmes, but also from the bottom-up by residents as technologies facilitate participation in developing new forms of city services. Young people are uniquely positioned to contribute to bottom-up smart city projects. Few diagnostic tools exist to guide city authorities on how to prioritise city service provision. A starting point is to understand how the youth value city services. This study surveys young people in Braamfontein, Johannesburg, and conducts an importance-performance analysis to identify which city services are well regarded and where the city should focus efforts and resources. The results show that Smart city initiatives that would most increase the satisfaction of youths in Braamfontein  include wireless connectivity, tools to track public transport  and  information  on city events. These  results  identify  city services that are valued by young people, highlighting services that young people could participate in providing. The importance-performance analysis can assist the city to direct effort and scarce resources effectively.

The Constitutional Principle of Accountability: A Study of Contemporary South African Case Law

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
Judicial Review ◽  
Police Officers ◽  
Public Procurement ◽  
Case Law ◽  
The State ◽  
Constitutional Principle ◽  
Starting Point ◽  
The Law ◽  
Constitutional Right ◽  
The Many

‘Accountability’ is one of the democratic values entrenched in the Constitution of South Africa, 1996. It is a value recognised throughout the Constitution and imposed upon the law-making organs of state, the Executive, the Judiciary and all public functionaries. This constitutional imperative is given pride of place among the other founding values: equality before the law, the rule of law and the supremacy of the Constitution. This study therefore sets out to investigate how the courts have grappled with the interpretation and application of the principle of accountability, the starting point being the relationship between accountability and judicial review. Therefore, in the exercise of its judicial review power, a court may enquire whether the failure of a public functionary to comply with a constitutional duty of accountability renders the decision made illegal, irrational or unreasonable. One of the many facets of the principle of accountability upon which this article dwells is to ascertain how the courts have deployed that expression in making the state and its agencies liable for the delictual wrongs committed against an individual in vindication of a breach of the individual’s constitutional right in the course of performing a public duty. Here, accountability and breach of public duty; the liability of the state for detaining illegal immigrants contrary to the prescripts of the law; the vicarious liability of the state for the criminal acts of the police and other law-enforcement officers (as in police rape cases and misuse of official firearms by police officers), and the liability of the state for delictual conduct in the context of public procurement are discussed. Having carefully analysed the available case law, this article concludes that no public functionary can brush aside the duty of accountability wherever it is imposed without being in breach of a vital constitutional mandate. Further, it is the constitutional duty of the courts, when called upon, to declare such act or conduct an infringement of the Constitution.

Law’s Contradictions

2018 ◽  
Author(s):  
Nimer Sultany
Keyword(s):  
The Other ◽  
Political Actors ◽  
Political Conflicts ◽  
Other Hand ◽  
The Law ◽  
The One

This chapter analyzes concrete Egyptian and Tunisian cases that showcase the interplay between continuity and rupture. These cases illustrate the lack of a systemic relation between law and revolution. On the one hand, the judiciary that interprets and applies the law is part of the very social and political conflicts it is supposed to resolve. On the other hand, the law is incoherent and there are often resources within the legal materials to play it both ways. Thus, the different forces at work use both continuity and rupture to advance their positions. Furthermore, legitimacy discourse mediates the contradictions between law and revolution in the experience of different legal and political actors. This mediation serves an ideological role because it presupposes a binary dichotomy between continuity and rupture, papers over law’s incoherence by reducing it to a singular voice, and reduces revolution to an event rather than a process.

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