Fundamental Rights—Comparison of the Approaches in the Canon Law and in the Civil Law

The Code of Canon Law of 1983 came up with a list of obligations and duties of the Catholic faithful. This list is analogical to those of the charters of fundamental rights and freedoms found in the documents of international law and in the constitutions of democratic countries. the inspiration of church law by civilian law was a reality from the very beginnings of the development of Canon Law: first by Roman Law, in the modern world by complex codifications of civil law, and after Vatican II also the idea of universal human rights. The specifics of the Catholic Church in relation to a democratic state is the incorporation of the subject of law into the Church through baptism which brings, above all, duties and obligations. Thus the catalogue which may now be seen in the Code contains first and foremost a list of duties, not rights, which are not stressed in the modern state. In fact, the modern state has very few demands; often just the payment of taxes and compulsory school attendance. The article deals with the individual obligations and rights found in the Code of Canon Law and compares them with their analogies in constitutions. The concept of civil and canonical norms tends to get closer primarily in the case of inspiration by natural law, whereas the obligations of the faithful represent a specifically ecclesiastical goals, for which no analogy in civil law can be found. After all, the supreme law of the Church is the salvation of souls, indeed, the state does not have such a supernatural goal.

Papal Primacy: An Anglican Perspective

10.1017/s0956618x00005159 ◽

2003 ◽

Vol 7 (33) ◽

pp. 112-126

Author(s):

John Hind

Keyword(s):

Great Britain ◽

Catholic Church ◽

Canon Law ◽

Roman Catholic ◽

Roman Catholic Church ◽

Code Of Canon Law ◽

Ecclesiastical Law ◽

I am grateful to the Ecclesiastical Law Society and the Canon Law Society of Great Britain and Ireland for their invitation to address this theme, although I have to confess, as a non-lawyer, I do feel rather a fraud standing here. I take comfort, however, first from the fact that, albeit welcome, your invitation was unsought, and second from my understanding that the purpose of canon law is to give legal expression to the theology of the church and that the purpose of the theology of the Church (in its positive and articulated aspects) is to explain the purposes and the work of God. In other words, the ultimate point of canon law is and must be pastoral, as is well expressed by the last canon, Canon 1752, of the 1983 Code of Canon Law for the Roman Catholic Church, with its reference to ‘the salvation of souls, which in the Church must always be the supreme law’.

The Role of the Altar and Tabernacle in the Catholic Church Interior in the Light of Post-conciliar Recommendations and Architectural Arrangement of the Church Interior

Kwartalnik Naukowy Fides et Ratio ◽

10.34766/fetr.v48i4.940 ◽

2021 ◽

Vol 48 (4) ◽

pp. 250-277

Author(s):

Mirosław Bogdan

Keyword(s):

Catholic Church ◽

Vatican Ii ◽

Canon Law ◽

Code Of Canon Law ◽

Community Of Faith ◽

Liturgical Renewal ◽

The Aesthetic ◽

The Church ◽

The Catholic Church

The article defines the role of the altar and tabernacle in the contemporary architectural sacred interior treated as domus ecclesiae, designed to fulfill liturgical functions in accordance with the post-conciliar renewal of Vatican II. The article takes into account the problem of celebrating Holy Mass. by the celebrant with his back to the tabernacle located centrally behind the post-conciliar altar. With reference to the irreversibility of the liturgical renewal, apart from the ordinary form of the Roman rite, the existence of the extraordinary (Tridentine) form of this rite, also accepted by Vatican II, is taken into account. By presenting the presence of the post-conciliar altar brought closer to the zone of the faithful, the meaning of the Code of Canon Law is defined. The article, defining the irreversibility of the liturgical renewal, presents the location of the tabernacle separated from the altar, built architecturally in the nave or chapel of the church. At the same time, the aesthetic beauty of the liturgical interior furnishings is determined, when all this exists in accordance with the post-conciliar ordinances and serves to build a community of faith.

The Catholic Tribunal System in the British Isles

10.1017/s0956618x00001216 ◽

1991 ◽

Vol 2 (9) ◽

pp. 213-221

Author(s):

Gordon Read

Keyword(s):

Catholic Church ◽

Canon Law ◽

Church Of England ◽

Common Law ◽

Roman Catholic ◽

Roman Catholic Church ◽

Code Of Canon Law ◽

Judicial Decisions ◽

Church Life ◽

“The claim to have succeeded in covering every side of Church life at the conclusion of the herculean labour of codification on this scale would indeed be a bold one, and one very uncongenial to the spirit of English law”, comments the report entitled ‘The Canon Law of the Church of England’. Despite the production of a Code of Canon Law for the Church of England, the provisions of law as applying to the Church of England are much more complex, involving not only the provisions of the Code, but also Common Law, Statute Law, judicial decisions and occasional survivals from Mediaeval Canon Law. For this reason although the ecclesiastical courts of the Church of England and of the Roman Catholic Church have common origins and features, there are also many differences, not only in structure, but in the material that comes before them.

The 1917 Code of Canon Law: Codification and Development of Latin canon law in the First Half of the 20th Century

Новая и новейшая история ◽

10.31857/s013038640014890-7 ◽

2021 ◽

pp. 184

Author(s):

Ivan Fadeyev

Keyword(s):

20Th Century ◽

Catholic Church ◽

Canon Law ◽

Code Of Canon Law ◽

Introductory Article ◽

History Of ◽

The Creation ◽

The Impact ◽

The Church ◽

The Catholic Church

This publication presents the very first Russian translation of the First Book of the first official comprehensive Code of Latin canon law. The Code was promulgated on 27 May, 1917, and took legal effect on 19 May 1918. Although replaced in the practice of the Church with the new Code of 1983, the so-called “Pio-Benedictine Code” remains the most important source for the history of the development of canon law of the Catholic Church in Modern era. It represents the first experience of a full-scale legal codification, on which the development of Catholic ecclesiastical law was based throughout the 20th century. Prior to the promulgation of the Code in 1917, the canon law of the Latin Church was dispersed over a number of sources created in different periods of church history. By the time of the convocation of the First Vatican Council (December 8, 1869 – October 20, 1870) by Pope Pius IX (June 16, 1846 – February 7, 1878), it was obvious to many in the Church that there was an urgent need to codify the vast and unorganised mass of ecclesiastical laws that was presenting all sorts of challenges to both church authorities and canonists. Calls for the codification of Latin canon law, voiced in the run-up to and at the Council itself, were heard by the Holy See, although direct work on the creation of the first full-fledged Code of canon law began only 34 years after the Council’s adjournment, in the pontificate of Pius X (August 4, 1903 – August 20, 1914). The introductory article analyses the main stages of the development of can-on law of the Catholic Church, the history of the creation of the Code, the discussions that unfolded in the 19th century among canonists as to the very need for codification, as well as the impact of the Code on the development of Canon law in the 20th century.

KOŚCIÓŁ KATOLICKI WOBEC ZAGADNIENIA MAŁŻEŃSTW MIESZANYCH RELIGIJNIE W KONTEKŚCIE MIGRACJI

Civitas et Lex ◽

10.31648/cetl.2485 ◽

2018 ◽

Vol 17 (1) ◽

pp. 37-45

Author(s):

Piotr Wojnicz

Keyword(s):

Jesus Christ ◽

Subject Matter ◽

Catholic Church ◽

Canon Law ◽

International Level ◽

Holy Trinity ◽

Mixed Marriages ◽

The Church ◽

The Catholic Church

The increase in migration at the international level also increases the number of religiouslymixed marriages. The Catholic Church advises against entering into such marriages because thisissue refers to the laws of God and the question of preserving faith. The Catholic Church approvesof mixed marriages in terms of nationality or race because belonging to the Church is primarilydetermined by faith in Jesus Christ and baptism in the name of the Holy Trinity. Independentlyof canon law, progressive social secularization is noticeable on that subject matter.

Geneza kan. 1095 Kodeksu Prawa Kanonicznego Jana Pawła II

Prawo Kanoniczne ◽

10.21697/pk.2010.53.3-4.06 ◽

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 ◽

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.

Obowiązki i prawa rodziny w świetle posoborowych dokumentów kościelnych

Prawo Kanoniczne ◽

10.21697/pk.1994.37.1-2.01 ◽

1994 ◽

Vol 37 (1-2) ◽

pp. 3-17

Author(s):

Jan Dyduch

Keyword(s):

Catholic Church ◽

Canon Law ◽

Family Needs ◽

Humanae Vitae ◽

The Family ◽

Life Itself ◽

Secular Society ◽

Christian Family ◽

Civil Authority ◽

The Catholic Church observes the year 1994 as International Year of the Family in accordance to the announcement made by the United Nations. For this reason it is proper to talk over the obligations and the rights which a family exercises in a secular society and in the Curch. These rights and obligations are contained and treated in the following postconciliar documents of the Church: 1. The Encyclical Humanae Vitae, 1968; 2. The Adhortation Familiaris Consortio, 1981; 3. The Codex of Canon Law, 1983; 4. The Charter of the Family Right, 1983; 5. The Adhortation Christifideles Laici, 1988. Propagating of the family rights and obligations is necessary in view of the situation of the contemporary family, encountered by a multiple crisis. Calling in question of the sense of the family, the mentality adverse to life, and divorces are the most severe indications of that crisis. The basic right and obligation of a family is its service to the life itself, expressed in the procreating and upbringing of children. Doing this, a family needs protection and support from a civil authority which ought to maintain the appropriate policy favourable for the family and its development. A Christian family, sacramentally incorporated into the organism of the Universal Church, constitutes a „Home Church” and participates in Christ’s triple mission: prophetic-evangelizing, priestly-santifying and royal-apostolic. The family is a subject of the Church’s constant pastoral care.

‘Anglicanism’ and the Origins of the Church of England

10.1017/s0956618x14000520 ◽

2014 ◽

Vol 16 (3) ◽

pp. 319-334

Author(s):

Peter McCullough

Keyword(s):

Sixteenth Century ◽

Catholic Church ◽

Canon Law ◽

Church Of England ◽

Roman Catholic ◽

Roman Catholic Church ◽

The Church ◽

Historical Sketch ◽

Formative Years

This article aims to provide an introductory historical sketch of the origins of the Church of England as a background for canon law in the present-day Anglican Communion and the Roman Catholic Church. Written by a specialist for non-specialists, it summarises the widely held view among ecclesiastical historians that if the Church of England could ever be said to have had a ‘normative’ period, it is not to be found in its formative years in the middle decades of the sixteenth century, and that, in particular, the origins of the Church of England and of what we now call ‘Anglicanism’ are not the same thing.

INTRODUCTION

Camden Fifth Series ◽

10.1017/s0960116313000018 ◽

2013 ◽

Vol 43 ◽

pp. 1-19

Keyword(s):

Catholic Church ◽

Roman Catholic ◽

Roman Catholic Church ◽

Modern World ◽

Second Vatican Council ◽

John Xxiii ◽

Charles De Gaulle ◽

Vatican Council ◽

Pope John Xxiii ◽

Charles de Gaulle famously called the Second Vatican Council the most important event in modern history. Many commentators at the time saw the Council as nothing short of revolutionary, and the later judgements of historians have upheld this view. The astonishing enterprise of a man who became, quite unexpectedly, Pope John XXIII in 1958, this purposeful aggiornamento of the Roman Catholic Church was almost at once a leviathan of papers, committees, commissions, and meetings. Scholars have been left to confront no less than twelve volumes of ‘ante-preparatory’ papers, seven volumes of preparatory papers, and thirty-two volumes of documents generated by the Council itself. A lasting impression of the impressiveness of the affair is often conveyed by photographs of the 2,200-odd bishops of the Church, drawn from around the world, sitting in the basilica of St Peter, a vast, orchestrated theatre of ecclesiastical intent. For this was the council to bring the Church into a new relationship with the modern world, one that was more creative and less defiant; a council to reconsider much – if not quite all – of the theological, liturgical, and ethical infrastructure in which Catholicism lived and breathed and had its being.

The Canon Law Society of Great Britain and Ireland and its Newsletter

10.1017/s0956618x00003641 ◽

1999 ◽

Vol 5 (25) ◽

pp. 284-285

Author(s):

Robert Ombresop

Keyword(s):

Great Britain ◽

Catholic Church ◽

Canon Law ◽

Roman Catholic ◽

Roman Catholic Church ◽

Annual Conference ◽

Pope John Paul Ii ◽

Code Of Canon Law ◽

John Paul Ii

The organisation now known as the Canon Law Society of Great Britain and Ireland was founded in 1957, and its Newsletter was first published in 1969. The activities, publications and achievements of the Society within the Roman Catholic Church are manifold, and were acknowledged by Pope John Paul II when he granted an audience to participants of the 1992 annual conference held in Rome. This papal address is printed at the beginning of The Canon Law: Letter & Spirit (London 1995), the full commentary on the 1983 Code of Canon Law prepared by the Society.