The State of the City of the Vatican Extradition

1933 ◽  
Vol 27 (2) ◽  
pp. 271-289 ◽  
Author(s):  
Gordon Ireland

A composite picture of the status of the Papacy in international law as described by the text-book writers down to 1929 has notably clear outlines. From the 8th century until 1870, the Pope, in addition to his spiritual authority as supreme head of the Roman Catholic Church, had, except for brief intervals, the rights of temporal sovereignty as head of a state. In that year Rome was occupied on September 20 by an Italian army, the occupation was ratified by popular vote, and the city made the capital of the Kingdom of Italy by the Italian Parliament on October 2; on October 9 it was annexed by royal decree, which was confirmed by law of December 31; in consequenceof which the Papal States disappeared and the temporal power of the Popewas ended. On May 13, 1871, the Italian Parliament enacted the Law of Guarantees which regulated the status of the Pope, so far as Italy was concerned, and purported to extend to him all necessary safeguards for the freeexercise throughout the world of his spiritual authority. This law securedto him personal inviolability and exemption from criminal liability, thoughhe remained subject to the civil courts of Italy, and it bestowed or recognized his enjoyment of certain rights and privileges belonging in other cases to temporal sovereigns, such as maintaining an armed force, freedom of correspondence and sending and receiving representatives to and from states beyond Italy. As a municipal statute, the Law of Guarantees could conferno international status upon the Pope, and although it might have been made the basis of treaty agreement between Italy and any Catholic or other Power, it was, so far as known, never so treated, and therefore remained legallyalways capable of change by Italy alone. The Popes never formally acceptedthe provisions of this law nor the endowment granted by it, and in protest against the events of 1870 they objected to any Catholic sovereignvisiting the King of Italy, and remained after their election perpetually with in the Vatican without emerging on to other Italian soil. The Poperetained the right to make with sovereign states concordats concerningecclesiastical affairs, as before his loss of temporal power; and continued toexercise the rights of active and passive legation as assured by the Law of Guarantees. The Papal household subsisted on food and water whose deprivation would have threatened life itself had Italy joined for a month inthe policy of non-intercourse adopted for the Pope personally. The statusof the Pope in international law was abnormal and unique.

2013 ◽  
Vol 54 (4-5) ◽  
pp. 405-424
Author(s):  
Alina Nowicka -Jeżowa

Summary The article tries to outline the position of Piotr Skarga in the Jesuit debates about the legacy of humanist Renaissance. The author argues that Skarga was fully committed to the adaptation of humanist and even medieval ideas into the revitalized post-Tridentine Catholicism. Skarga’s aim was to reformulate the humanist worldview, its idea of man, system of values and political views so that they would fit the doctrine of the Roman Catholic church. In effect, though, it meant supplanting the pluralist and open humanist culture by a construct as solidly Catholic as possible. He sifted through, verified, and re-interpreted the humanist material: as a result the humanist myth of the City of the Sun was eclipsed by reminders of the transience of all earthly goods and pursuits; elements of the Greek and Roman tradition were reconnected with the authoritative Biblical account of world history; and man was reinscribed into the theocentric perspective. Skarga brought back the dogmas of the original sin and sanctifying grace, reiterated the importance of asceticism and self-discipline, redefined the ideas of human dignity and freedom, and, in consequence, came up with a clear-cut, integrist view of the meaning and goal of the good life as well as the proper mission of the citizen and the nation. The polemical edge of Piotr Skarga’s cultural project was aimed both at Protestantism and the Erasmian tendency within the Catholic church. While strongly coloured by the Ignatian spirituality with its insistence on rigorous discipline, a sense of responsibility for the lives of other people and the culture of the community, and a commitment to the heroic ideal of a miles Christi, taking headon the challenges of the flesh, the world, Satan, and the enemies of the patria and the Church, it also went a long way to adapt the Jesuit model to Poland’s socio-cultural conditions and the mentality of its inhabitants.


2021 ◽  
Vol 7 (1) ◽  
Author(s):  
Nikolaos Ragkos

The historic centre of the city of Pilsen in western Bohemia, today a region of the Czech Republic, was constructed at the end of the thirteenth century, at a time when Gothic architecture was universal across most of western and central Europe. The Gothic style had emerged and developed during an era when social and economic changes were favouring the development of new urban settlements, and when the translation of ancient Greek natural philosophy, including astronomy, was giving rise to a new intellectual movement. This revival of the natural sciences was inevitably bound up with the Roman Catholic Church, since much of this knowledge had been preserved within monastic institutions and was now being used by theologians/natural philosophers who wanted to apply reason to theology. This paper’s analysis of the urban plan of the historic centre of Pilsen is an attempt to investigate the possible influence that the science of astronomy had on architectural thought and creativity in western Bohemia, and how this was represented in the light of scientific advancement.


2015 ◽  
pp. 653-676
Author(s):  
Misa Djurkovic

this paper, the economic theory of distributism has been analyzed. In the first place, the author explains that the distributism is a social thought which emerged in the Anglo-American world as the development of social teachings in the Roman Catholic Church. Although it has not received the status the main schools in modern economic thought have, distrubutism persists as a specific direction of socio-economic thinking. The paper particularly investigates the ideas of classical distibutism. The author focuses on two basic books by Gilbert Chesterton and two most important economic books by Hilaire Belloc. These authors have insisted on the problem of society moving towards the so-called servile state in which a small number of capitalists rule over mass of proletarians who are gradually coming under slavery status, which is sanctioned by the law. For the purpose of remedying this tendency and collectivism, they proposed a series of measures for a repeated broad distribution of ownership over the means of production. Finally, there is an overview of this idea and its development throughout the twentieth century, finishing with contemporary distributists like John Medaille and Alan Carlson.


1988 ◽  
Vol 16 (3) ◽  
pp. 421-458
Author(s):  
C. G. Schoenfeld

This article seeks to illuminate the effect of unconscious infantile omnipotence fantasies upon the law and some of its major officials. First, psychoanalytic discoveries about the omnipotence ideas of infants and young children are detailed, and an attempt is made to relate these ideas to the current overestimation of the status and effectiveness of international law. Then the possible relationship between such infantile notions and today's incredible litigiousness is discussed. Considered next in the light of infantile omnipotence beliefs is a series of landmark Supreme Court decisions since 1793—including the disastrous Dred Scott decision that helped to precipitate the Civil War. One of the possibilities raised is that the acceptance of the antimajoritarian concept of “judicial review” reflects the displacement of unconscious omnipotence fantasies from parents onto judges. Discussed next is the implicit logic of currently popular (but clearly unsound) Critical Legal Studies doctrines that, in effect, assign “omnipotence” both to judges and to the law they are presumably free to manipulate in the service of political goals. Finally, an attempt is made to understand why the public tends to ascribe “omnipotence” to judges and prosecutors and why the unconscious omnipotence notions of judges, prosecutors, and policemen are likely to affect their own official behavior.


2018 ◽  
Vol 15 (2) ◽  
pp. 341-363 ◽  
Author(s):  
William Thomas Worster

This submission challenges the presumption that uk nationals will lose eu citizenship following Brexit. Until now, the dominant narrative has been drawn from the law on treaties or international organizations, and this article adds the human rights perspective to Brexit. Firstly, eu citizenship can be assimilated to nationality. While eu citizenship is unique, the status protected under international law is a legal bond a person has with a political entity. This protection certainly covers nationality, and this paper argues it can be understood to also protect eu citizenship. Secondly, international law prohibits arbitrary withdrawal of this legal bond with a person. The uk does not have jurisdiction over eu citizenship, so it is doubtful the uk can terminate eu citizenship unilaterally. Even if the eu were to withdraw eu citizenship on its initiative, it would still constitute retroactive law, discrimination, and infringement of sovereignty. It is also disproportionate, because the loss of eu citizenship is not necessary for Brexit. When Greenland withdrew from the eu, its residents retained eu citizenship. For these reasons, the revocation of eu citizenship would be arbitrary. A distinction must be made between the membership of a state in the eu which can be terminated, and the direct legal bond formed between a person and the Union, which is far harder to revoke. On this basis, any uk national who has acquired eu citizenship prior to Brexit, should not be divested of it following Brexit.


1952 ◽  
Vol 11 (1) ◽  
pp. 41-44

With the assistance of ten students and six priests over a period of 12 months, the head of the department of sociology at Loyola University of the South conducted a field study of the social actions of parishioners and clergy in a single Roman Catholic Church unit in the city of New Orleans. The methodology and conceptual framework of the analysis of action within the context of the social institution, viewed structurally and functionally, have been magnificently adhered to. Religious actions, conceived as such by the actors and by others who interpret their behavior, are the substance of this study in parochial sociology. Data were collected by patient observation of the many aspects of the detailed religious patterns of action in which Roman Catholics engage. These are, among others, the typical and atypical behavior associated with church attendance, the sacraments, retreats, missions, recruitment for the priesthood, special devotions and feast-days, and the observances relating to baptism, matrimony and death.


1974 ◽  
Vol 31 (1) ◽  
pp. 1-17
Author(s):  
David Bushnell

In all the confusion of nineteenth century political conflict in Latin America, clearly defined doctrinal issues and policy disagreements . are often hard to detect. The clearest—it is generally agreed—had to do with religious matters. The specific content of debate might vary with time and place, but everywhere in Latin America a fundamental question was posed: i.e., to what extent the Roman Catholic Church should continue to enjoy the status it had acquired during the colonial period, when it held a religious monopoly, a vast amount of wealth, extensive influence in the field of education, and much more besides. Few Latin American leaders opposed all innovation on the ecclesiastical front, and even fewer wished a total transformation; but there was ample room for controversy, with "liberals" normally seeking more rapid and fundamental changes than "conservatives" were prepared to accept.


2017 ◽  
Vol 4 (3) ◽  
Author(s):  
Marcel Kamiyama

This article empirically examines, by means of a survey conducted at four universities in São Paulo, two issues related to the teaching of international law in Brazil: (1) what law students think of the discipline as a material branch of the law (its effectiveness, legitimacy etc.) and (2) what they think of the discipline as a component of the law school curriculum. The first part draws upon the semiological concept of “myth” in order to paint a picture of students’ views about the place of international law in the world, as well as upon quantitative data to assess their understandings about compliance with international norms. The second part, which also relies on quantitative and qualitative data, describes students’ ideas about how international law should be taught (if at all). The responses paint a picture of mild student scepticism and dissatisfaction with teaching methods that invite a number of questions for reflection, which are raised in the final part. 


Author(s):  
Ольга Евгеньевна Казьмина

В статье на примере Италии анализируется социальная работа католических организаций, адресованная беженцам и иммигрантам. Работа написана с использованием полевого материала автора, собранного в одном из католических приходов Болоньи. Цель статьи – проанализировать отношение к миграционной ситуации в Европе ее крупнейшей конфессии – Римско-католической церкви – и изучить формы социального служения католических организаций среди беженцев и иммигрантов. Актуальность темы определяется тем, что задача адаптации беженцев и иммигрантов и их интеграции в принимающее общество остро стоит в настоящее время во многих европейских странах. Государства ищут приемлемые для себя пути этой интеграции. Законы, регулирующие иммиграцию и определяющие статус беженца и иммигранта, часто становятся предметом жарких политических споров. От светского дискурса о миграционном кризисе и мигрантах, зачастую подчеркивающего прежде всего права той или иной стороны, отличается дискурс религиозный. Позиция христианских организаций Европы заключается прежде всего в сострадании к беженцам и мигрантам и стремлении улучшить их долю. Миграционный кризис в Европе сделал европейские христианские организации более заметными и способствовал деприватизации религии в сильно секуляризованном обществе. Христианские организации, и в частности приходы и благотворительные структуры Римско-католической церкви стали важными акторами в выстраивании отношений с мигрантами и их интеграции в европейское общество. Ключевые слова: Миграция, Европа, Италия, Римско-католическая церковь, социальное служение. The article, using Italy as an example, analyzes the social work of Catholic organizations, addressed to refugees and immigrants. It is based on the author's field material, collected in one of the Catholic parishes of Bologna. The goal of the article is to analyze the attitudes to the migration situation in Europe from the part of its largest denomination – the Roman Catholic Church – and to study forms of social service of Catholic organizations among refugees and immigrants. The significance of the topic is determined by the fact that now many European states face the challenge of adaptation of refugees and immigrants and their integration into the host society. They are looking for acceptable ways of this integration. The laws that regulate immigration and stipulate the status of a refugee and an immigrant often provoke heated political debates. The secular discourse about the migration crisis, which usually emphasizes the rights of one of the sides, differs from the religious discourse. The position of Christian organizations of Europe consists first of all in the compassion to refugees and migrants and in the hope to possibly improve their fate. The migration crisis in Europe made European Christian organizations more visible and contributed to deprivatization of religion in a highly secular society. Christian organizations in general and Roman Catholic parishes and charity structures in particular became important actors in building relations with migrants and integrating them into the European society. Key Words Migration, Europe, Italy, Roman Catholic Church, social service.


Slovene ◽  
2017 ◽  
Vol 6 (1) ◽  
pp. 540-560
Author(s):  
Mikhail A. Babkin

The legislative acts of the Provisional Government regulating the functioning of religious organizations has not been sufficiently studied. The bills, which were created in the various ministries of the Provisional Government and failed to become law, are virtually unexplored. On the wave of political events in Russia in February and March 1917, the nondenominational Provisional Government came to power. There arose the need for a comprehensive reform of public administration in Russia and, in particular, church-state relations. In the bowels of the Ministry of Internal Affairs of the Provisional Government, there was created a structure that developed the draft laws on the status of various denominations: 1) the group on general religious issues; 2) the commission for the revision of the statutory provisions about the Roman Catholic Church in Russia; and 3) the group on issues relating to the Old Believers. This publication focuses on the activities of this final group. The main outcome of this group, working in close alliance with representatives of the Old Believers, was the creation of the draft law on the “legalization” of the third Orthodox Church in Russia (after the Russian and Georgian Orthodox Churches), that is, the Old Orthodox Belokrinitskaya Hierarchy, which, in 1988, became known as the Russian Orthodox Old Belief Church. The resulting bill, dated 18 October 1917, was submitted to the Provisional Government for approval. However, it was not approved because of the overthrow of the Provisional Government on 25 October of that same year. The present article introduces this 1917 bill to “legalize” the Russian Old Orthodox Belokrinitskaya Hierarchy into scholarly awareness.


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