Delicts against the sanctity of the Eucharist and the simulation of the liturgical action

2021 ◽  
Vol 66 (1) ◽  
pp. 42-55
Author(s):  
László Bakó
Keyword(s):  
Present Article ◽  
Canon Law ◽  
Legal Order ◽  
Code Of Canon Law ◽  
Open Questions ◽  
Penal Law ◽  
The Right ◽  
Penal Sanctions ◽  
The Church ◽  
Current Code

The present article addresses two groups of delicts from the sixth book of the current Code of Canon Law (Sanctions in the Church), i.e. Delicts against the sanctity of the Eucharist and the simulation of the liturgical action. The content of this book is debated among theologians and canonists, raising a variety of questions: Does the Church have the right to coerce the faithful with penal sanctions? Should penal law exist in the Church, or do certain organizing measures suffice? Based on the first canon of the sixth book (can. 1311), this article shows that using sanctions is a native right of the Church. Since sacraments, in particular the Eucharist, belong to the essence of the Church, the delicts against the sanctity of the Most Holy Sacrament and the simulation of the Sacraments have a great impact on the life of the Church. Therefore, although there are many open questions and several ambiguities around this issue, the present article argues that the Church needs an adequate legal order in the case of sacraments.

scholarly journals The Scope of the Power of Governance in the Canonical Legal Order (Canon 130 of the 1983 Code of Canon Law)

2019 ◽  
Vol 28 (3 ENGLISH ONLINE VERSION) ◽  
pp. 173-183
Author(s):  
Ginter Dzierżon
Keyword(s):  
Public Good ◽  
Detailed Analysis ◽  
Canon Law ◽  
Legal Order ◽  
Code Of Canon Law ◽  
The Public ◽  
External Domain ◽  
Public Character ◽  
The Church ◽  
Rule Out

In the presented study, the author carried out a detailed analysis of canon 130 CIC/83, demonstrating that the amendment of the canon dispelled some interpretative concerns that commentators had with regard to canon 196 CIC/17. The author believes it would be preposterous to reduce the forum of power of governance solely to the external domain. This is because the nature of the Church is not manifested only in this dimension. After all, the Church has both visible and invisible nature. Most acts of governance are placed externally because they serve the public good. Yet some of them are actions carried out in the internal forum, and it cannot be limited to the sphere of conscience because it has a wider scope. It is obvious that, as a rule, decisions taken for the internal forum due to their secrecy and lack of public character have consequences only in that forum. By introducing a clause which goes “except insofar as the law establishes it in determined cases,” the legislator does not rule out a different solution whereby internal forum acts also take effect in the external forum. The assumption of such an eventuality is intended to prevent conflicts between these areas.

scholarly journals Uzupełnienie braku upoważnienia do asystowania przy zawieraniu małżeństwa wyrazem ochrony dobra wspólnego

2019 ◽  
Vol 30 (3) ◽  
pp. 5-56
Author(s):  
Wojciech Góralski
Keyword(s):  
Canon Law ◽  
Historical Context ◽  
The Other ◽  
Executive Power ◽  
Code Of Canon Law ◽  
Legal Form ◽  
Common Error ◽  
The Church ◽  
Current Code

Even though marriage arises from the consent of parties (can. 1057 § 1 of the Code of Canon Law), it is necessary to preserve the canonical form (ordinary or extraordinary) for the validity of this relationship. Assuming that the form of marriage was established in order to eliminate secret marriages, canon 144 § 1 of the current Code of Canon Law states that in the event of factual or legal common error and in positive and probable doubt of law or of fact, the Church supplies executive power of governance for both the external and internal forum. Canon 144 § of the same Code, on the other hand, declares that the same provision applies to the powers referred to, e.g. in canon 1111 § 1 of the Code of Canon Law. This canon regulates that a local ordinary can delegate (to priests and deacons) of assisting at celebrating marriages. After discussing the role of a marriage witness and the character of his/her delegation as well as the development of legal form of supplying this delegation, the author takes up the issue of supplying this delegation in an event of common error or positive and probable doubt of law or fact in historical context, and then provides examples of supplying the delegation to assist in marriage in sentences of the Tribunal of the Roman Rota (from years 1992 -2006), including a precedent-setting sentence in the case of Stankiewicz of 15 December 1992. In conclusion, attention was paid to the ratio legis of the legal norm on supplying the delegation, which is bonum commune.

PORWANIE LUB PRZETRZYMYWANIE DLA OKUPU WEDŁUG KODEKSU KANONÓW KOŚCIOŁÓW WSCHODNICH Z 1990 ROKU

2014 ◽  
Vol 4 (4) ◽  
pp. 49-58
Author(s):  
Olga Arent
Keyword(s):  
Canon Law ◽  
Legal Analysis ◽  
Code Of Canon Law ◽  
Legal Research ◽  
Penal Law ◽  
Penal Sanctions

Subject of this article is the legal research on crime of kidnapping or hostage- keeping forransom in jurisdiction of Code of Canons of Oriental Churches. Dogmatic and legal analysis ofnorms of the present code shows that can. 1445 and can. 1451 CCEO of 1990, alike can. 1370and can. 1397 Code of Canon Law (CIC of 1983), provide the possibility to punish perpetratorsof kidnapping or hostage – keeping for ransom of cleric persons, as well as any other person.Regarding this crime, penal sanctions upon CCEO of 1990 are heavier than these, which can beordered based on CIC of 1983.Aside from mentioned offences, Canon Law of Oriental Churches penalizes physical or psychicaltortures, so offender who kidnap or keep hostages with tortures will be liable for this crime.According to Canon Code of Oriental Churches, solely the court can order penalties, so likewisein polish penal law. However, due to specific ecclesiastic community, the nature of penal sanctionsis spiritual.

scholarly journals Istotne cele małżeństwa katolickiego

2019 ◽  
Vol 30 (3) ◽  
pp. 111-124
Author(s):  
Tomasz Smoliński
Keyword(s):  
Middle Ages ◽  
Canon Law ◽  
Second Vatican Council ◽  
Code Of Canon Law ◽  
Vatican Council ◽  
Ancient Times ◽  
The Church ◽  
Current Code ◽  
The Middle Ages

Contemporary church legislation indicates two basic purposes of marriage: the good of the spouses and the birth of offspring. Today’s doctrine is based on the teaching of philosophers, theologians and doctors of the Church. In this work, considerations have been made regarding the important purposes of marriage, taking into account the views of scholars from ancient times, through the Middle Ages, to the Code of Canon Law of 1917, the Second Vatican Council and finally, the current Code of Canon Law of 1983.  

scholarly journals Geneza kan. 1095 Kodeksu Prawa Kanonicznego Jana Pawła II

2010 ◽  
Vol 53 (3-4) ◽  
pp. 143-159
Author(s):  
Anna Gołębiowska
Keyword(s):  
Mental Disorders ◽  
Canon Law ◽  
Second Vatican Council ◽  
Code Of Canon Law ◽  
Psychological Capacity ◽  
Vatican Council ◽  
The Church

In the article, the contemporary interpretations of the can. 1095 of the new Code Of Canon Law, which undergone several modifications, were shown. Both the issue of formulating the definitions of mental disorders in the canonical law and the question of “lack of capacity” and psychological capacity for assuming the essential obligations of marriage (as defined by the Church) were explained. Moreover, various opinions of authors on capacity to enter into marriage were presented. Some research on psychological causes which make a person not able to assume the essential obligations of marriage were pointed out. At the same time, there is an explanation of the purpose of marriage according to the teachings of the Second Vatican Council, which resulted in the extension of the list of causes due to which the declaration of nullity might be applied for.

Fifteenth-Century Texts on the Ceremonial of the Papal ‘Legatus a latere’

Traditio ◽  
1958 ◽  
Vol 14 ◽  
pp. 295-358 ◽  
Author(s):  
Franz Wasner
Keyword(s):  
Fifteenth Century ◽  
Canon Law ◽  
Theoretical Basis ◽  
Code Of Canon Law ◽  
Imperial Court ◽  
John Xxii ◽  
Definition Of ◽  
The Right

From the earliest times the Roman pontiffs exercised the right of sending envoys - by dispatching their legates to synods and councils, by maintaning from the time of Leo the Great their apocrisiarii at the imperial court of Constantinople and later still in the kingdom of the Franks, by appointing bishops and metropolitans as vicars apostolic, and by entrusting at times even to secular princes a kind of legatine power. While the theoretical basis of their claim to this right may be said to have received its final formulation at the hands of John XXII in the year 1316, it was nonetheless more penetratingly analyzed and expounded by Pius VI and Leo XIII. It is upon the pronoun cements of these popes that the definition of this claim in the Code of Canon Law is based:ius … a civili potestate independens, in. quamlibet mundi partem legatos cum vel sine ecclesiastica iurisdictione mittendi.

scholarly journals Obrzędy sakramentu małżeństwa w ujęciu wymogów Kodeksu Prawa Kanonicznego z 1983 roku

2019 ◽  
Vol 30 (2) ◽  
pp. 79-93
Author(s):  
Ryszard Kilanowicz
Keyword(s):  
Canon Law ◽  
Ring Finger ◽  
Code Of Canon Law ◽  
Ecclesiastical Law ◽  
Natural Signs ◽  
Fire Smoke ◽  
The World ◽  
The Will ◽  
God's Grace ◽  
The Church

The liturgy of the Church is an expression of his life with Christ, it uses natural signs such as: wine, water, light, fire, smoke, oil, salt, and ash. It is through Christ, that they are given new meaning. This meaning is to glorify God and sanctify man. The sacramental ordinances are determined by ecclesiastical law which follows the nature and life of the Church. The ordinances of the Church, through the visible, direct us to the invisible. Behind what is visible there is no action or God's grace. These signs of God's presence are symbols, which St. Augustine calls the encounter between God and man in the world of signs and symbols, a Sacrament. The sacraments of the Church are graces given by God to man for his sanctification. In sacramental rites, the Church can change form, but never in essence and matter. The matter of the sacrament of marriage is between a woman and a man. The rites of the sacrament of marriage, were announced in 1969, are used in Poland, however, it has been adapted to the new Code of Canon Law of 1983. Jesus instituted the sacrament of marriage. Marriage should be celebrated at Holy Mass and is characterized by unity and indissolubility. During the rites of the sacrament of marriage, the Church then asks what is the will of the person is for getting married. The couple then join their right hands and place the wedding rings on each other’s ring finger. The effects of the sacrament of marriage, which express the Rites of the Sacrament of Marriage, are: marriage community, grace and family. The liturgy with the sacrament of marriage speaks of the sanctity of marriage through the beauty of its celebration.

scholarly journals Antara Larangan dan Pengecualian: Ihwal Partisipasi Aktif Imam dalam Partai Politik dan dalam Jabatan Publik

2020 ◽  
Vol 19 (2) ◽  
pp. 101
Author(s):  
Rikardus Jehaut
Keyword(s):  
Canon Law ◽  
Active Participation ◽  
The Political ◽  
Careful Study ◽  
Code Of Canon Law ◽  
Public Office ◽  
Political Right ◽  
North Sumatra ◽  
The Church ◽  
Legal Grounds

<p><em>This article - inspired by the notorious case of an Indonesian priest in North Sumatra running for public office despite stern and repeated warnings from his bishop not to do so - aims to elaborate the theme of active participation of priests in politics in the light of can. 285 § 3 and can. 287, § 2 of Code of Canon Law, using the method of juridical exegesis and historical-critical analysis of various legal grounds and various affirmations of the Church's Magisterium. Through careful study, the author shows that the Church, while acknowledge the political right of priests as well as the provision for exeption, imposing a prohibition on them from participating actively in the political arena. The ratio legis behind such prohibition are threefold, namely safeguard canonically the identity and the mission of the priests; priest as a symbol of unity, fraternity and peace; respect for the peculiar duties of the laity in politics. The author argues that the priests should not be given a permission to take any public office and should not take sides in the area of party politics since there are no situation that make it necessary to intervene in that way.</em></p><p> </p><p><strong>Key words</strong>: <em>Active participation, politic, priest, prohibition, exeption</em><em></em></p>

scholarly journals Udział braci zakonnych w nauczycielskim zadaniu Kościoła

2007 ◽  
Vol 50 (1-2) ◽  
pp. 77-109
Author(s):  
Arkadiusz Domaszk
Keyword(s):  
Catholic Education ◽  
Social Communication ◽  
Canon Law ◽  
Active Part ◽  
Code Of Canon Law ◽  
The Third ◽  
Teaching Function ◽  
The Church

The article analyses the active part and assignments of consecrate brothers in the teaching function of the Church. The problem is examined with reference to the third book of the Code of Canon Law 1983. The author considers assignments of consecrate brothers in the ministry of the divine word, the missionary action of the Church, the Catholic education and instruments of social communication. Consecrate brothers can fundamentally participate in all teaching functions. Small limitations e. g. the prohibition of the predication of the homily during the Holy Mass are derived from theological or legal reasons.

scholarly journals Świętowanie niedzieli przez udział w Eucharystii (panorama historyczna)

2009 ◽  
Vol 62 (3) ◽  
pp. 165
Author(s):  
Jarosław Superson
Keyword(s):  
Middle Ages ◽  
Canon Law ◽  
Prisoners Of War ◽  
Code Of Canon Law ◽  
Privacy And Security ◽  
Saturday Evening ◽  
Sunday Mass ◽  
The Masses ◽  
In The Beginning ◽  
The Church

Analyzing the heritage of Christianity, we see that since the very beginning, Sunday, the first day of the week, has always been the day of common Church gathering to celebrate the Eucharist. In the very beginning, as pointed by Tertullian, the celebration took place at night because of the precessions. Night or dawn gave more privacy and security. After the Edict of Milan it became a custom that a Mass should be celebrated after three o’clock, or at night, if they fell around so-called Quattro Tempora. In the middle ages it was believed that any time of the day is good to celebrate the Eucharist, but missa conventualis et sollemnis in hora Tertia. After the Council of Trent the time of the main Sunday Eucharist – summa – was determined by the bishop and in Poland, it was at 10.00 AM. Often before this Mass was a Mass primaria celebrated. In the beginning of XX century, the Code of Canon Law of 1917 stated that it was not allowed to celebrate a private Mass earlier than an hour before dawn or an hour after noon. For the solemnities that had its own vigil, the celebrations of the Eucharist took place in the evening. The purpose of that practice was to prepare for the celebration of the solemnity of the next day. Along with industrialization, an introduction of different work shifts, persecution of the Church and other specific circumstances, it was allowed to celebrate Mass in the evening. This rule was especially visible during the Second World War and shortly after when the Sunday evening Mass was celebrated for the prisoners of war, those who were detained and foreigners. After the Church adapted the rule that the canonical hour for the Vespers would be called Vespers I, a discussion on the celebration of the Mass on Saturday evening started among the moral theologians. Participation in the Saturday evening Mass was supposed to satisfy the obligation of participation in the Sunday Mass and the holy days de praecepto. The Church recognized that there was a large group of the faithful who practiced sports and hunted on Sundays and that there was also an insufficient number of priests in some parishes. Therefore, so-called pre-holy day Mass was introduced to enable more participation in the Masses. The document Eucharisticum Mysterium of 1967 definitely recognized that the participation in Saturday vigil Mass satisfied the obligation of Sunday Mass participation. It was reconfirmed again by the Code of Canon Law in 1983 and by Dies Domini of John Paul II and the II Council of the Church of Poland.

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