scholarly journals Wizytacje wyższych seminariów duchownych przez władze państwowe w Polsce w latach 1960–1971

Prawo ◽  
2018 ◽  
Vol 325 ◽  
pp. 229-246
Author(s):  
Edyta Włodarczyk

Inspections of seminars by state authorities in Poland in 1960–1971In 1960–1971 the government conducted inspections of seminars, both diocesan seminars and those run by religious orders, all over Poland. The success of the authorities’ efforts depended on the seminar in question and the year. As early as in February 1950 the first attempts were made to subordinate some seminars to state control, specifically, the control of the Ministry of Education, on the basis of Articles 96–107 of the Decree 28 October 1947, which dealt with the organisation of schools and higher education institutions. The remaining seminars were to be controlled by the respective Boards of Education, in accordance with the Private Schools Act of 11 March 1932. Invoking these legislative acts, the authorities wanted to exercise the right to grant approval to statutes, curricula, appointment of teaching staff as well as supervise the implementation of the curricula in the seminars. Yet their efforts produced meagre results. This did not change until 1959, when the communist authorities realised that freedom of educating and forming future priests was extremely problematic for them and that the process was completely out of their control. A conviction that in its seminars the Church was educating future priests in an atmosphere that was hostile to the people’s republic and was promoting views hostile to the interests of society prompted the communist authorities to take action seeking to take control of seminars. The seminars were to abide by the provisions of the Act of 19 April 1950 on the Change of the Organisation State Authorities with Regard to Municipal and Public Administration, Private Schools Act of 11 March 1932, and then the Act of 15 July 1961 on the Development of the Education System as well as the Ordinance of the Minister of Education of 26 February 1965 on the Rules and Conditions of Running Non-State Schools and Other Education Institutions. They were also subordinated to the control of the state authorities. After more than a decade of battles between the government and the Polish Episcopate, the question of control over seminars was finally resolved in 1971, when the authorities ceased their inspections of seminars.Visitationen der höheren Priesterseminare durch staatliche Behörden in Polen in den Jahren 1960–1971In den Jahren 1960-1971 führten staatliche Behörden auf dem ganzen Gebiet Polens Visitationen in den höheren Seminaren der Diözesen und der Orden durch. Bereits im Februar 1950 versuchte man, einen Teil der Priesterseminare der Kontrolle des Staates, also des Ministeriums für Bildung und Erziehung auf Grund der Art. 96–107 des Dekretes vom 28. Oktober 1947, die die Organisation der Wissenschaft und des höheren Schulwesens betreffen, zu unterziehen. Die restlichen höheren und kleinen Seminare sollten der Kontrolle der Schulkuratorien gemäß dem Gesetz vom 11. März 1932 über Privatschulen und wissenschaftliche sowie erzieherische Einrichtungen unterliegen. Aufgrund dieser Rechtsakte wollten die Behörden über das Recht verfügen, die Satzungen, Programme und Unterrichtspläne zu bestätigen, das Lehrpersonal zu berufen und die Ausübung der Programme in den Seminaren ständig zu kontrollieren, was ihnen jedoch nicht gelang. Eine Änderung erfolgte erst im Jahre 1959, als die kommunistischen Behörden sich dessen bewusst wurden, dass die Freiheit des Unterrichtes und der Erziehung der Priesterkandidaten eine sehr heikle und durch den Staat nicht kontrollierte Angelegenheit blieb. Aufgrund der Überzeugung, dass die Ausbildung in den Seminaren in einer staatsfeindlichen Atmosphäre verläuft und dort Meinungen gefördert werden, die sozialfeindlich sind, haben die Volksbehörden Maßnahmen zur Kontrolle der höheren Priesterseminare getroffen. Die höheren Priesterseminare wurden damals dem Gesetz vom 19. April 1950 über die Änderung der Organisation der obersten Staatsbehörden im Bereich der kommunalen Wirtschaft und der öffentlichen Verwaltung, dem Gesetz vom 11. März 1932 über Privatschulen und weiterhin dem Gesetz vom 15. Juli 1961 über die Entwicklung des Bildungssystems und Erziehungswesens und der Verordnung des Kultusministers vom 26. Februar 1965 in Sachen der Grundsätze und Bedingungen der Führung nicht staatlicher Schulen und anderer schulischer und pädagogischer Zentren unterordnet sowie der Aufsicht staatlicher Behörden unterzogen. Nach mehr als zehn Jahren eines Kampfes zwischen den Staatsbehörden und dem Episkopat Polens wurde die Aufsicht über die höheren Priesterseminare endgültig im Jahre 1971 eingestellt.

2017 ◽  
Vol 1 (2) ◽  
pp. 57-66
Author(s):  
Laelatul Istiqomah

Various problems of Early childhood Education (ECD) in Indonesia is about the opportunity the acquisition of early childhood education have been uneven and is still concentrated in urban areas, lack of teachers and teaching staff in terms of quantity and quality, and there are still many learning-oriented on the wishes of the parents rather than on the needs of the child. Depart from the real conditions of the early childhood education, to lead the realization of educational system as a social institution is strong and authoritative, the government has issued the three pillars of government policy in early childhood education in the Strategic plan of the Ministry of National Education from 2009 to 2014, and now the government has fine-tune these policies in the Strategic Framework Ministry of Education and Culture of the 2014-2019 strategic plan (Strategic plan update)


2015 ◽  
Vol 41 (1) ◽  
pp. 222-238
Author(s):  
Julius Mutugi Gathogo

Sir Francis Akanu Ibiam KCMG, KBE (1906-1995) was a distinguished medical missionary who was appointed Governor of Eastern Region, nigeria from December 1960 until January 1966 during the nigerian First Republic. From 1919 to 1951 he was known as Francis Ibiam, and from 1951 to 1967 as Sir Francis Ibiam. This article explores his profile; the profile of a man whose contribution as a medical doctor, a missionary doctor, an educationist, a statesman and a churchman is outstanding, hence inspiring to the new crop of leadership in Africa of the 21st  century. Was he too emotional when conducting his political discourses? Did he make the right choices all along? Does his role in the Biafra War of 1967 with the government of nigeria smack of his main weakness as a public servant? nevertheless, he comes out in this article as one of the early pre-colonial professionals in Africa who had received a quality education during the dark days of African history, who had worked hard to remain relevant in their days; and who are indeed relevant in the 21st century. In Francis Ibiam, the article shows a decisive leader who chose to work for the church rather than the colonial government, thereby making a strong statement that the church can be developed into an alternative forum of progress, a kind of alternative government where the deprived can still find justice, a job and other lifetime comforts. Despite the article being greatly indebted to Agwu Kalu’s book, Dr ibiam: The challenge of his life (1986), it has also derived materials from the internet and other published works. Certainly, it is geared towards celebrating a leader who had a mission beyond ecclesia.


Author(s):  
Indrajeet Dutta ◽  
Maisara Aziz Khan

Status of growth and development of a society is measured by various social indices which depend on upon the equitable opportunities provided by the government in the form of access, participation, and transformation. Surveys in the last one decade, present to us glaring inequalities in social-economic and educational indicators of different socio-religious groups. Whenever policies and programmes do not benefit citizens, the government makes special provisions so that it would benefit them. The Right to Education Act (RTE) and within it 25% Economically Weaker Sections (EWS) quota was one such major intervention. The provision of 25% quota for EWS and disadvantaged children is mentioned in the RTE act section 12(1) (C). Thus, section 12(1)(C) of the RTE acts as a level-playing field for the children who were not able to afford quality education being offered in private schools. In Madhya Pradesh (MP), the RTE act came into effect from 2011. Bhopal the capital of MP had 2258 recognized schools and merely 223 have been covered under the RTE quota. Around 8162 EWS and disadvantaged students are studying in age appropriate classes. The present study was a small project work carried out in 10 schools of Bhopal (urban) covered under the RTE quota. The results indicated that though there is a social and educational inclusion of children in private schools but as per teachers' the ride is not a smooth one based on the responses of the students. Moreover, teachers still have a biased and unfavourable attitude towards these children. The gravity of the problem is not as big in the elite schools as they are not offering the EWS quota.


1935 ◽  
Vol 4 (1) ◽  
pp. 43-56
Author(s):  
W. W. Sweet

There is nothing inherent in Christianity itself which calls for a close relationship with the state. Primitive Christianity “demanded the complete separation of church and state,” asserting that each must be recognized as having its own distinct and independent mission to perform. For the first three hundred years of Christian history the church existed entirely apart from the state, and indeed had not even a legal status. Then came a time during which the church became little more than a branch of the state, and in this period it lost practically all independence of development, and was largely diverted from its proper work to serve political ends. It was as a result of this danger that the church developed, during the next period in its history, the doctrine of its independence of state control, and in the great investiture struggle, maintained it with success, against Roman emperors and German kings. Then the church having secured its independence of state control, and having perfected its organization to a high degree, and having grown strong and aggressive, it went a long step further and asserted the right of the church to control the state. But it needs no argument to prove that both the control of the church by the state and the control of the state by the church are equally foreign to the teaching of Christianity as such.


2017 ◽  
Vol 4 (1) ◽  
pp. 129
Author(s):  
Agnieszka Zięba

Józefat Zielonacki - A Forgotten Polish Romanist of XIX C. An Outline of a BiographySummaryJ. Zielonacki was born on 28 November 1818 in a village called Goniczki, situated the Grand Duchy of Poznan, which belonged to his family.He spent his childhood in his family estate. After completing education in schools in Trzemeszno and Poznan he studied in Berlin, where he graduated in 1845 and conferred a doctor degree (dr) in both laws. In 1848 (or 1849) he was qualified as an assistant professor (dr hab) at Wroclaw University, where he subsequently lectured the Roman law.In 1850 Prof. Zielonacki succeeded to be a head of the Roman law department at the Jagiellonian University.At that time Galicia was in the period of absolutist reaction after the People’s Spring, distinguished by the suppression of civil liberties and a regime of terror. The declaration of a state of siege on 10.01.1849 led to handing over a full authority to Austrian generals, subsequent military commanders of the country, to whose authority - legitimately and in practice - (in these circumstances) the Galician governor - Agenor hr. Goluchowski was - submitted. The University was in practice deprived of its autonomy; all important matters were meticulously directed and supervised by the central authorities in Vienna. Appointments to professorships depended exclusively on the Austrian Ministry of Education, which also examined in detail ‘the political conformity’ of each candidate. Prof. Zielonacki was put up as a candidate by the minister Leon hr. Thun, who wrote in the application to the Emperor about a “great talent” but also “unblemished political attitude” of the candidate.J. Zielonacki lectured the Roman law in Cracow for two years and a half - until the end of December 1852. He was popular amongst the students and was respected amongst scholars as an eminent expert of the Roman law.On 1.01.1853 - without giving any justification, Prof. Zielonacki was removed from the University together with the following Professors: A. Malecki, W. Pol, A. Z. Helcel. The reasons for the dismissal have not been fully explained; at present it is considered as a revenge of the authorities for “the national attitude of the university full of dignity and visible efforts to maintain the Polish character” or even “acts of terror”. The direct reason for dismissing the “inconvenient” Professors was a denunciation against Prof. Malecki and Prof. Pol (and possibly Kremer), which drew the attention of the police to the whole academic environment. The head of the police in Cracow - Carol Neusser - who was commissioned to check the grounds of the denunciation, invigilated all university professors. It was claimed in his report (written on 21.03.1852) that some of the lecturers were particularly dangerous for the authorities. Prof. Zielonacki was described to be an impulsive person, having - “apart from Polish revolutionary tendencies, plenty of Prussian prejudices against Austria”, behaving “always unfriendly” towards the government. Thus, the removal of the professors had a clear political context - no particular accusations were however formulated. After the dismissal from the Jagiellonian University, Prof. Zielonacki was moved to Innsbruck, where he was the head of the Roman law department (until 1855), and afterwards he took over the same post at the Karol University in Prague.In 1857 Prof. Zielonacki, at his own request, was moved to the Lwow University, where he taught Roman law until he retired in 1870.In 1861 he tried to go back to Cracow to take over a vacant post in the Roman Law department but the authorities rejected his candidacy.Prof. Zielonacki made major contributions to the polonization of the Lwow University - he was the first and - for a long time - the only professor lecturing in Polish. In intense disputes with German professors he managed to win the right to use the Polish legal terminology during the lectures, subsequently a right for lectures in Polish, and afterwards to use Polish during exams. Fighting for the polonization of the university had an impact on his professorship career - after he was elected to be the dean of the Law Faculty for the first time for the academic year 1861/61 - he was ostentatiously neglected by his colleagues in elections to this post.Prof. Zielonacki, apart from his work with students, was also active in other areas: between 1867 and 1873 he was a member of the Autrian State Tribunal, and above all an active member of the Science Academy (from 1873 - since it was established). After Prof. Kramers death, from 1875 to 1878, he was a director of the Philosophy and History Faculty and played a significant role in establishing the Commission of Law in the Science Academy.Prof. Zielonacki died in his family estate in Goniczki on 28.04.1884.His scientific output is very ample - he wrote numerous articles and dissertations (in Latin, German and Polish) mainly on possession and usucaption. He is also an author of two monographs on servitudes (Wroclaw 1849) and on possession (Poznan 1854). The latter was also issued in Polish. The work of his lifetime was a two pans manual “Pandekta, i.e. a lecture on the Roman private law as it is the basis of the new laws” published in Polish in Cracow (1862/63, issue II 1870/1871), dedicated to “Polish youth devoting to the legal profession”. This work was greatly appreciated at his times.At present Prof. Zielonacki is groundlessly forgotten. He belonged to the most eminent Romanists of his times, he was an expen in Latin and German literature on the Roman law. He also substantially contributed to the polonization of law teaching. His personage - as an eminent scholar and patriot - it worth recalling. 


Author(s):  
Ernst-Wolfgang Böckenförde ◽  
Mirjam Künkler ◽  
Tine Stein

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.


1987 ◽  
Vol 26 (3) ◽  
pp. 332-346 ◽  
Author(s):  
Ian D. C. Newbould

The Whig educational proposals of 1839 are regarded as an important step in the centralization and growth of state control over the education of English working-class children. Introduced by Lord John Russell on February 12, the plan called for state supervision of education by a committee of the Privy Council, the erection of a nondenominational state normal school and two model schools, state inspection of all schools in receipt of the grants established in 1833, and a new system of allocation of those grants based not on the size of the voluntary contributions raised by the National Society or the British and Foreign School Society (BFSS) but on the local needs as ascertained by any “reputable” school society. Historians have viewed the proposals as the inevitable outcome of popular pressures brought to bear on government. Unable to resist their own Erastian urge to attack the privileged position of the church, and persuaded by Brougham, who figured prominently in the 1833 grant and had unsuccessfully proposed a national system as recently as the autumn of 1837, or alternatively by the Radicals J. A. Roebuck and Thomas Wyse, themselves supporters of the Central Society for Education's plans for a national secular system of education, the Whigs are regarded as having responded to popular, reformist demands. “In 1839,” wrote Halevy, “the cabinet yielded.” England was last among the Protestant countries in the matter of primary education; Roebuck, Wyse, and Brougham had failed in their separate efforts to promote the cause; and the government could do little other than propose a remedy for 3 million uneducated children.


2016 ◽  
Vol 12 (2) ◽  
pp. 353
Author(s):  
Helmi Kasim

This writing analyses access to water not merely as a right but as human  rights. Since the right to water constitues human rights, then constitutionally, the state, mainly the government, is obliged to respect, fulfil and protect that right. In order that the government can perform its obligation to fulfil the right of citizens   to water, the sate should put control of water under the power of the state. Thus, there are two perspectives in fulfilling the rights of citizens to water, human rights perspective and the perspective of state control. From the perspective of human rights, the 1945 Constitution has stipulated the obligation of the state in fulfilling the human rights of citizens including the right to water as stated in Article 28I paragrahp (4). From the perspective of state control over water resources, the 1945 Constitution has also determined constitutional standard as stipulated in Article 33. This concept of state control based on Article 33 has been interpreted by the Constitutional Court in its decisions. Specifically, in the decision concerning the law on water resources, the Court returned control over water to the state. The Court  set some limitations on how to utilize water resources. Private corporations are still allowed to participate in water management with strict conditions. The enhancement of this control by the state over water is intended to guarantee the fulfilment of the right of citizens to water. As an idea, monopoly of the state over water resources might be also be considered just like monopoly of state over electricity.


2007 ◽  
Vol 39 (1) ◽  
pp. 165-180
Author(s):  
Dragan Novakovic

The foundation of the Theological College in Belgrade is viewed in the context of complex political circumstances which followed the restoration of the Serbian state and the efforts of the Serbian church to gain autonomy and the right to elect bishops independently from the Universal Patriarchate. Once having achieved these goals, and with a conviction that the achieved must be defended and maintained by knowledge and education, the state authorities founded a seminary for education of priests and teachers capable to carry out national and spiritual reformation. The accord between the state and the Church regarding the strategic aims enabled the very first vocational school in Serbia to develop continuously its curricula and hire better and better teaching staff each year. However, due to the change of circumstances, the state passed the laws by which it enforced its dominance and showed a clear intent to subordinate theological education to its control. Yet, by its continuous activity during two crucial centuries, the Seminary became a part of collective consciousness, and its cadres contributed actively to the creation of original cultural and value patterns and preservation of national identity of the Serbian nation. The brilliant history of this school and its precious experience can be of great encouragement not only to the researchers of our pedagogical inheritance but also to all those who are engaged in reforming and adjusting education in Serbia to the European standards. .


2009 ◽  
Vol 4 (2-3) ◽  
pp. 137-156 ◽  
Author(s):  
Lucy Vickers

AbstractThis article considers the extent to which the right to freedom of religion of teachers is adequately protected in English schools under the Employment Equality (Religion and Belief) Regulations 2003 and the Schools Standards and Framework Act 1998. It first considers the context in which religious schools operate, then considers the legislation that protects the religious freedom of teaching and non-teaching staff in state schools. It concludes that the legislative framework provides inadequate protection for the right of teachers to enjoy freedom of religion and belief, and, further, that the protection may not comply with EU standards protecting employees against religious discrimination.


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