Il “privilegium fori” nel codice di Teodosio II

2020 ◽  
Vol 65 (2) ◽  
pp. 52-70
Author(s):  
Pal Maximilian
Keyword(s):  
Civil Law ◽  
The State ◽  
Judicial Power ◽  
Canonical Process ◽  
Special Character ◽  
Ecclesiastical Courts ◽  
The Church

The article intends to present, briefly, one of the most important ecclesiastical privileges: privilegium fori, which is found in the Codex of Theodosius as a particular guarantee of the respect due to the sacred nature of clergy and freedom in the performance of their duties. According to this privilege, certain cases are removed from the jurisdiction of the State and devolved to the ecclesiastical judge, according to canonical discipline. It constitutes a form of personal immunity to civil law. By virtue of the privilegium fori, clergy must be tried only by ecclesiastical courts, to the exclusion of all others and without distinction of classes. This jurisdictional bond of clerigy to their own courts arises from a subjective delimitation of the judicial power of the Church and not from a privileged situation as it may be deduced from the expression with which it is known. If one understands that this is a privilege, then this is based on a mistaken premise, in other words, to attribute ordinary and universal character to State jurisdiction and special character to ecclesiastical jurisdiction, which leads to the qualification of the exemption from civil jurisdiction enjoyed by ecclesiastics as a personal privilege. The truth is very different, because the jurisdiction of the Church is its own, sovereign and autonomous, as derived from a Society that has the same characteristics. Moreover, jurisdiction being a correlative concept of the process, the independence of the canonical process carries with it that of ecclesiastical jurisdiction.

scholarly journals Diocesan Codices Unveiling Local History: First Presentation of The 'Codex of Gjirokastër' (S. Albania)

2020 ◽  
Author(s):  
Konstantinos Giakoumis
Keyword(s):  
Social Economic ◽  
Civil Law ◽  
Local History ◽  
The State ◽  
Official Language ◽  
Ecclesiastical Administration ◽  
The City ◽  
The Church

The present paper presents a first set of conclusions drawn from the study of the “Codex of Gjirokastër”. Compiled upon the accession of Bishop Dositheos of Dryinoupolis and Gjirokastër, the codex extends from 1760 to 1858, namely well beyond the end of his prelacy (1760-1799). Kept in the Metropolis of Gjirokastër until shortly before the Italian bombardment of the city, the codex was transferred to Tirana. Previously thought to be lost, it is now held in the Archives of the State, under the classification number F. 139, D. 2. It is written in Greek, the official language of the Church at that period, and records several documents that reflect the competences and privileges that Christian prelates enjoyed at least in issues of ecclesiastical administration and civil law. The focus here is first on the role of laymen in the accession of Bishop Dositheos in the Diocese of Dryinoupolis, then on the issue of divorces in the regions of Gjirokastër between 1786 and 1858. Placing the “Codex of Dositheos” in its context, the study underlines the importance of diocesan codices as documents of religious, cultural, social, economic, educational, administrational and juridical history.

scholarly journals Aktywność cesarza w kontekście sporów chrystologicznych w Bizancjum w VII wieku

Vox Patrum ◽  
2018 ◽  
Vol 66 ◽  
pp. 411-428
Author(s):  
Oleksandr Kashchuk
Keyword(s):  
The State ◽  
Seventh Century ◽  
Religious Authority ◽  
Christian Doctrine ◽  
Leading Role ◽  
Special Character ◽  
State Authority ◽  
The Face ◽  
Byzantine Church ◽  
The Church

In the quest of theological agreement in Byzantium in the seventh century Emperors played a leading role. The rulers were promoters of the theological discussions and promulgated documents concerning a Christian doctrine oblig­ing all over the Empire. That would lead to a compromise between supporters of both Monophysitism and Chalcedon. The aim of theological compromise was to achieve peace in the Empire in the face of danger. When the necessity for recon­ciliation with the Monophysites ceased to be valid, Emperor Constantine IV con­vened the Council in Constantinople, which condemned the adherents of Mono­theletism. Emperors had a solid ideological basis for their activities. Emperor was treated as a person with religious authority entitled to intervene in the affairs of the Church, even in matters of faith. His concern for the state included not only the secular affairs, but also religious. Religion is subordinated to state authority. Such ideological contents were supported by majority of the hierarchs of the Byzantine Church in the seventh century. The ideology of the special character of the person of the Emperor was especially alive in Byzantium during various crises.

scholarly journals Sobory powszechne w epoce późnego cesarstwa (IV-VI w.)

2011 ◽  
Vol 48 ◽  
pp. 291-305
Author(s):  
Maria Piechocka-Kłos
Keyword(s):  
Roman Empire ◽  
Intrinsic Value ◽  
The State ◽  
Judicial Power ◽  
Religious Authority ◽  
Role Meaning ◽  
Church Law ◽  
High Level ◽  
The Church ◽  
Late Roman

The purpose of the paper is the presentation of the mutual political-religious relations between civil and religious authority in the time of the late Roman Empire. The main problem are the universal councils in this context. The paper concentrates on the presentation of course, role, meaning and circumstances of the collecting of this councils. The article doesn’t talk over the peculiar canons of the church law. The deeper analysis concerns to this council which took place from IV. to VI. Century: Nice (325), Constantinople I (381), Ephesus (431), Chalcedon (451) and Constantinople II (553). In IV-VI centuries, when the emperors gave the acts protecting the state before the different dangers, the church did the same. The analysis of the documents presents some similarities between state and church. We can assert, that this assemblies doesn’t have the legislative and judicial power beyond the border of the dioceses of the participating bishops. They were the expression of the church consciousness. Thanks to the intrinsic value and the high level of the features of their participants, the councils have the great recognition. The consequence of this recognition was the lesser or more universal power of the law.

Kropotkin

2016 ◽  
Author(s):  
Ruth Kinna
Keyword(s):  
Political Theory ◽  
Human Nature ◽  
Political Change ◽  
Direct Action ◽  
The State ◽  
Social Analysis ◽  
Mutual Aid ◽  
Special Character ◽  
Revolutionary Politics

This book is designed to remove Peter Kropotkin from the framework of classical anarchism. By focusing attention on his theory of mutual aid, it argues that the classical framing distorts Kropotkin's political theory by associating it with a narrowly positivistic conception of science, a naively optimistic idea of human nature and a millenarian idea of revolution. Kropotkin's abiding concern with Russian revolutionary politics is the lens for this analysis. The argument is that his engagement with nihilism shaped his conception of science and that his expeditions in Siberia underpinned an approach to social analysis that was rooted in geography. Looking at Kropotkin's relationship with Elisée Reclus and Erico Malatesta and examining his critical appreciation of P-J. Proudhon, Michael Bakunin and Max Stirner, the study shows how he understood anarchist traditions and reveals the special character of his anarchist communism. His idea of the state as a colonising process and his contention that exploitation and oppression operate in global contexts is a key feature of this. Kropotkin's views about the role of theory in revolutionary practice show how he developed this critique of the state and capitalism to advance an idea of political change that combined the building of non-state alternatives through direct action and wilful disobedience. Against critics who argue that Kropotkin betrayed these principles in 1914, the book suggests that this controversial decision was consistent with his anarchism and that it reflected his judgment about the prospects of anarchistic revolution in Russia.

The Prophetic Voice of the Church in a Democratic South Africa – A Theological Reflection

2018 ◽  
Vol 15 (2) ◽  
Author(s):  
Lufuluvhi Maria Mudimeli
Keyword(s):  
South Africa ◽  
Economic Transformation ◽  
The State ◽  
Black Liberation ◽  
South Africans ◽  
Black Liberation Theology ◽  
Prophetic Voice ◽  
The Face ◽  
The Church

This article is a reflection on the role and contribution of the church in a democratic South Africa. The involvement of the church in the struggle against apartheid is revisited briefly. The church has played a pivotal and prominent role in bringing about democracy by being a prophetic voice that could not be silenced even in the face of death. It is in this time of democracy when real transformation is needed to take its course in a realistic way, where the presence of the church has probably been latent and where it has assumed an observer status. A look is taken at the dilemmas facing the church. The church should not be bound and taken captive by any form of loyalty to any political organisation at the expense of the poor and the voiceless. A need for cooperation and partnership between the church and the state is crucial at this time. This paper strives to address the role of the church as a prophetic voice in a democratic South Africa. Radical economic transformation, inequality, corruption, and moral decadence—all these challenges hold the potential to thwart our young democracy and its ideals. Black liberation theology concepts are employed to explore how the church can become prophetically relevant in democracy. Suggestions are made about how the church and the state can best form partnerships. In avoiding taking only a critical stance, the church could fulfil its mandate “in season and out of season” and continue to be a prophetic voice on behalf of ordinary South Africans.

Poland

2017 ◽  
Author(s):  
Detlef Pollack ◽  
Gergely Rosta
Keyword(s):  
Catholic Church ◽  
Agricultural Production ◽  
The State ◽  
Religious Culture ◽  
Key Factors ◽  
Pope John Paul Ii ◽  
National Values ◽  
The Impact ◽  
State Socialist ◽  
The Church

The chapter on Poland focuses on two questions. Why, in contrast to all other state-socialist countries, did the church’s capacity for integration actually increase rather than decrease despite persecution and discrimination during the communist period? And why has this capacity also remained more or less constant (albeit to a lesser extent) in the period since the end of communist rule? The authors have identified four key factors in the remarkable resistance of the Polish Catholic Church during the period of communist persecution: the fusion of religious and national values, the specific conflict dynamics of the church’s struggle with the state, the structural conservatism of agricultural production in Poland, and the actions of Pope John Paul II. Explanations for the surprising stability of religiosity in Poland after 1990 point to the behaviour of the Church itself, to the internal pluralization of Catholicism, and to the impact of a homogeneous religious culture.

The Indirectly Political Word of the Church

2018 ◽  
Author(s):  
Michael P. DeJonge
Keyword(s):  
Word Type ◽  
Specific Form ◽  
The State ◽  
Jewish Question ◽  
The Political ◽  
The World ◽  
Type 3 ◽  
The Church

This chapter continues the examination of Bonhoeffer’s first phase of resistance through an exposition of “The Church and the Jewish Question,” turning now to the modes of resistance proper to the church’s preaching office. Because such resistance involves the church speaking against the state, it appears to stand in contradiction with Bonhoeffer’s suggestion earlier in the essay that the church should not speak out against the state. This is in fact not a contradiction but rather the coherent expression of the political vision as outlined in the first several chapters of this book, which requires that the church criticize the state under certain circumstances but not others. The specific form of word examined here is the indirectly political word (type 3 resistance) by which the church reminds the messianic state of its mandate to preserve the world with neither “too little” nor “too much” order.

Church and State

2018 ◽  
Author(s):  
Michael P. DeJonge
Keyword(s):  
Church And State ◽  
Political Authority ◽  
The State ◽  
Political Life ◽  
The World ◽  
The Church

Chapter 3’s discussion of kingdoms and orders in the context of political life leads naturally into the topic of this chapter: the church, the state, and their relationship. The present chapter locates the state (or, better, political authority in general) in relationship to Chapter 3’s categories by presenting it as one of the orders by which God’s structures the world. It is an important actor in the temporal kingdom, where God has ordained it to preserve the world through law. The church in its essence is an agent of the spiritual kingdom, bearing God’s redemptive word to the world. The themes of preservation and redemption, the kingdoms, and the orders find many of their concrete expressions in themes of the church, the state, and their relationship.

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