scholarly journals Catholic Church Law: Challenges by Secular Law and Religious Pluralism

2021 ◽  
Vol 7 (1) ◽  
pp. 95-124
Author(s):  
Burkhard Josef Berkmann ◽  
Augustinus Fries
Keyword(s):  
Human Rights ◽  
Catholic Church ◽  
Canon Law ◽  
Religious Pluralism ◽  
Religious Communities ◽  
Specific Question ◽  
Legal Relationship ◽  
The Law ◽  
Church Law ◽  
General Influence

Abstract This article examines the challenges which arise for Catholic canon law from the collision with secular law and the law of other religious communities. It begins by looking at the conditions provided by canon law itself in order to meet these challenges. Subsequently it addresses the specific challenges posed by secular law, especially human rights, and its general influence. Finally, it discusses the challenges posed by religious pluralism, first clarifying the church’s legal relationship with other religious communities and then addressing the very specific question of why church law also applies to non-members in certain cases. The conclusion is that catholic canon law is better equipped to face the current challenges than other religious laws. Nevertheless, there are fruitful tensions and inevitable breaks.

Freedom of Religion and the Legal Status of Churches: A Case Study from the Serbian Constitutional Court

2020 ◽  
Vol 56 ◽  
pp. 487-507
Author(s):  
Tijana Surlan
Keyword(s):  
Human Rights ◽  
Canon Law ◽  
Legal Status ◽  
Freedom Of Religion ◽  
Constitutional Court ◽  
International Human Rights Law ◽  
Freedom Of Association ◽  
European Court ◽  
The Law ◽  
The Republic

This article offers a short study of the conjugation of freedom of religion, freedom of association and the legal status of religions and churches. Human rights are elaborated as defined in international human rights law, accentuated by the jurisprudence of the European Court of Human Rights. A compliance case that came before the Constitutional Court of the Republic of Serbia provides a national jurisprudential example useful for the analysis of relations between human rights and the legal status of a church. Analysis of the law is both horizontal and vertical: a description of norms is intertwined with a discussion of principles of identity and equality. The article explores whether the principles of human rights and freedoms and the norms regulating the legal status of a church are consistent with each other; whether these principles are independent and how their mutual relationship influences the application and interpretation of the law; and whether the norms prescribed by international law or in national jurisprudence can be applied independently of canon law, or whether application of the law has to take into account specific religious jurisdictions and relations between churches which are rooted in their autonomous canon law.

Implementasi Algoritma Raita Pada Aplikasi Hukum Kanonik Berbasis Mobile

2020 ◽  
Vol 7 (3) ◽  
pp. 455
Author(s):  
Efidoren L Nainggolan ◽  
Muhammad Syahrizal ◽  
Saidi Ramadan Siregar
Keyword(s):  
Catholic Church ◽  
Canon Law ◽  
String Matching ◽  
Eastern Orthodox ◽  
Orthodox Church ◽  
Matching Algorithm ◽  
Church Law ◽  
The Right ◽  
The Church ◽  
Eastern Orthodox Church

Canonical law is an internal church law governing the Catholic Church, Eastern Orthodox Church, Eastern Orthodox Church, Anglican Communion. How the laws of the church are governed, interpreted and sometimes examined differ fundamentally between the three church bodies. in all three traditions, a canon was originally a rule accepted by an assembly, these canons formed the basis for canon law. Raita algorithm is part of the exact string matching algorithm, which is matching the string exactly with the arrangement of characters in the matched string that has the same number or sequence of characters in the string. Matching strings on the raita algorithm is done through a shift from the right of the character then to the left of the character and to the middle of the character. The problem in this research is the content of canon law in general consists of a very large number of pages of books, this makes it difficult for canonical law users to find the contents needed, then in the search it takes time to find the contents of canonical law that are searched for too many search problems. that is, too much time must be needed to find the contents of the canonical law sought

14 Human Rights in Armed Conflict

2021 ◽  
Author(s):  
Kleffner Jann K
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
The State ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Legal Relationship ◽  
The Law ◽  
The Individual

This chapter explains the application of human rights in armed conflicts. International humanitarian law has much in common with the law of human rights, since both bodies of rules are concerned with the protection of the individual. Nevertheless, there are important differences between them. Human rights law is designed to operate primarily in normal peacetime conditions, and governs the vertical legal relationship between a state and its citizens and other persons subject to its jurisdiction. Human rights law applies primarily within the territory of the state that is subject to the human rights obligation in question. International humanitarian law, by contrast, is specifically designed to regulate situations of armed conflict. These differences between human rights law and international humanitarian law have led some to argue that human rights law is only intended to be applicable in time of peace. However, it is now generally accepted that human rights continue to apply during armed conflict. Hence, international humanitarian law and human rights law can apply simultaneously in situations of armed conflict.

A Question of Interpretation: The Roman Rota and the Theology of Marriage

2006 ◽  
Vol 8 (39) ◽  
pp. 425-437
Author(s):  
Aidan McGrath Ofm
Keyword(s):  
Twentieth Century ◽  
Catholic Church ◽  
Canon Law ◽  
Roman Catholic ◽  
Roman Catholic Church ◽  
Code Of Canon Law ◽  
Complete Reversal ◽  
The Law ◽  
Roman Catholics ◽  
The Way

Judges need guidance if they are to apply the law in particular circumstances with an even hand. For Roman Catholics, Canon 19 of the 1983 Code of Canon Law provides this guidance by reference to the practice of the Roman Curia and by the constant opinion of learned authors. Useful as these supplementary sources are, they mean that judges have to trust that those responsible for making decisions in the Roman Curia and the learned authors have drawn their conclusions on a sound basis. This study considers what happened when a specific document was misunderstood in the Roman Catholic Church for almost four hundred years. The document, a letter from Pope Sixtus V to his Nuncio in Spain in 1587, responded to a specific query concerning the capacity for marriage of men who had been castrated. The interpretation of the letter defined the Roman Catholic Church's concept of marriage in general and its understanding of the impediment of impotence for four centuries. In the twentieth century, several Roman Catholic judges and canonists refused to take at face value the conclusions offered by other judges and learned authors, and decided to carry out their own analysis of the document in question. This resulted in a complete reversal of the way in which marriage cases were considered by the Apostolic Tribunal of the Roman Rota, and contributed to the emergence of a much richer and more integrated theology of marriage.

scholarly journals A Decade of Ecumenical Dialogue on Canon Law

2009 ◽  
Vol 11 (3) ◽  
pp. 284-328
Keyword(s):  
Catholic Church ◽  
Canon Law ◽  
Roman Catholic ◽  
Roman Catholic Church ◽  
World Council Of Churches ◽  
Ecumenical Dialogue ◽  
Vatican Council ◽  
World Council ◽  
The Rich ◽  
Church Law

In the decades that followed the close of the Second Vatican Council, great progress was made in the dialogue between the Anglican Communion and the Roman Catholic Church. During that period, the Anglican–Roman Catholic International Commission (ARCIC) was founded in 1967 by Pope Paul VI and the Archbishop of Canterbury (Michael Ramsey). The rich and common heritage shared by Anglicans and Roman Catholics found expression in the work and statements of ARCIC. In the background was the work of theologians, historians, liturgists and Scripture scholars, and many relationships were being cultivated locally in dioceses and parishes around the world. While the possible significance of Church law had been recognised in the 1974 World Council of Churches Report, Christian Unity and Church Law, there has been no sustained discussion of canon law in the work of ARCIC.

scholarly journals Ideological conflicts in Slovenia over religious issues

2014 ◽  
Vol 25 (2) ◽  
pp. 81-93
Author(s):  
Sergej Flere
Keyword(s):  
Human Rights ◽  
Public Schools ◽  
Catholic Church ◽  
Roman Catholic ◽  
Religious Communities ◽  
Roman Catholic Church ◽  
European Convention ◽  
Constitutional Court ◽  
Holy See ◽  
European Court

Since attaining independence, Latin pattern (Martin, 1978) disputes and conflicts have characterized the Slovenian political scene, particularly as to relations between the state and religious communities. Slovenia adopted a law on the issue only in 2006, availing itself of the law from the 1970s. The 2007 Religious Freedom Act contained many privileges for the dominant Roman Catholic Church, including those of a symbolic nature and those of an economic one. The Constitutional Court declared the Act unconstitutional and void, departing from the European Convention of Human Rights and the case law of the European Court of Human Rights. Thus, it set other beliefs at the same level with religious ones, did away with many privileges and obstacles 81 in recognition and registration of new religious communities. However, this decision has legislatively been implemented only in a small portion, remaining to be fully implemented. However, the absence of substantive agreements with the Holy See and the absence of religious instruction in public schools indicate a predominance of liberalism on the public scene.

Gratian Slept Here: The Changing Identity of the Father of the Systematic Study of Canon Law

Traditio ◽  
1979 ◽  
Vol 35 ◽  
pp. 145-172 ◽  
Author(s):  
John T. Noonan
Keyword(s):  
Systematic Study ◽  
Catholic Church ◽  
Canon Law ◽  
Legal Thought ◽  
The Law ◽  
The Catholic Church

Who was Gratian? It is hardly necessary to justify the interest of such a question. The Concordia discordantium canonum is one of the most influential law books of all time — a teacher's case book which became, for over 700 years, the law of the Catholic Church; a book which is at the roots of Western legal thought, ecclesiastical and lay; a vast storehouse of prior legislation and judgments, a set of masterful hypotheticals, and a rich commentary distinguished by its shrewdness and wisdom. In any time, in any land, its author would be honored for his achievement and sought after for his skill. His book was composed in a literate age in a milieu which valued learning, and even more than learning, valued law. Surely the composer has left some traces of himself and not vanished into the mists of myth.

The Right to Leave Any Country and the Interplay between Jurisdiction and Proportionality in Human Rights Law

2020 ◽  
Author(s):  
Vladislava Stoyanova
Keyword(s):  
Human Rights ◽  
The State ◽  
European Countries ◽  
Human Rights Law ◽  
Legal Relationship ◽  
The Law ◽  
Proportionality Test ◽  
The Right

Abstract This article shows the importance in human rights law of the right to leave any country, in light of increasing efforts by European countries of destination to prevent departures and to contain movement by enlisting countries of origin and transit to act as gatekeepers. The article highlights the autonomous nature of the right and challenges in triggering its application. It assesses whether this right is opposable to destination countries, and finds two key challenges – first, meeting the requisite jurisdictional threshold, and secondly, as this is a qualified right, applying the proportionality test. The article examines the interplay between these difficulties. It argues that the jurisdictional threshold expresses a political and legal relationship between the duty bearer (the State) and the right holders (the individuals). This relationship enables us to operationalize the proportionality test – namely whether measures limiting rights are in accordance with the law and are proportionate.

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