scholarly journals “Person” in CIC and CCEO Matrimonial Law. On the Idea of Vetera et Nova Harmonization in the Church Doctrine and Jurisprudence

2021 ◽  
Vol 7 (2) ◽  
pp. 1-33
Author(s):  
Andrzej Pastwa

serious confrontation with the subject: “Person” in the Code of Matrimonial Law (CIC and CCEO), is an—invariably relevant—challenge that the study of canon law and jurisprudence have to face. The argument for the validity of this conclusion is provided by the famous John Paul II’s thesis, proclaimed in the Familiaris Consortio exhortation (1981) and the famous 1997 Address to the Roman Rota, which can be summarized in the following words: the foundation and structural principle of interpersonal (ethical and legal!) relationships in marriage is matrimonial love. This axiom—still insufficiently present in the thoughts of canonists and church judges—reflects the deepest truth, of which “prophetically” the author of the monumental works Love and Responsibility and The Acting Person gave testimony; the truth that not elsewhere, but in the conciliar spiritually person-centric vision of matrimonial community (communio/consortium), a hermeneutic key should be sought for an adequate and complete understanding of the structure of marriage, harmoniously integrating its two personal and institutional dimensions.Karol Wojtyła’s/John Paul II’s brilliant thought deserved to be confronted with the premises that prove the hypothesis that the mere declarative identification in the expressed judgments/concepts with the idea of a personalistic aggiornamento (“programmed” especially in numbers 47–52 of the Council’s Constitution Gaudium et Spes) does not yet guarantee the adequacy and completeness of the canonistic approaches to the “truth of matrimony.” This is both in the sphere of theological exposure in accordance with the Magisterium (in the light of the “Image of God”) and at the praxis level: the interpretation and application of the normative records in the nodal canons of CIC and CCEO. The first part of the study is dedicated to illustrating such a state of affairs – in various proposals of doctrine and jurisprudence: from a concept that is completely misguided and destined to fail in advance; through a concept that, because of its extremely conservative approach to the need for vetera et nova harmonisation, has not stood the test of time, to concepts, indeed, universally acknowledged in the study of canon law, whose authors (or their adherents), after all, should be suggested to implement certain necessary corrections: bigger or smaller. In the second part, the research contemplation focuses on the conclusions of the realization of the conciliar postulate of “harmonization” in presenting a person-centric vision of matrimony. These synthetic remarks constitute an attempt to show the basis for an adequate interpretation of the formula adopted by the two codes announced in the title: “a partnership of the whole of life”.

MELINTAS ◽  
2020 ◽  
Vol 35 (2) ◽  
pp. 195-218
Author(s):  
Yanuarius Muni

Fake news spreads quickly and changes situations in the society. It has become a sort of linguistic violence circulating negative ideologies and perspectives that slowly destroy people both mentally and physically. The growing tendency of circulating fake news raises a serious problem in the society and moreover among Christians, for important human values, including religious values, are disregarded. Christian understanding of human beings as created in the image of God implies that they have the capacity to use good words to build a sacred society, that is, a society blessed by God. However, the tendency to retrieve and to disseminate information too quickly occurs almost automatically in this age of information, which ironically threatens every good intention of the self in building a trusting community. This article explores the elements of Christian communication based on the Church teachings on the subject matter, in order to counter the tendency of desacralisation of the self on social media and to promote truthful as well as deliberating communication in the society.


2005 ◽  
Vol 77 (4) ◽  
pp. 343-352
Author(s):  
Brian S. Rosner

Whereas knowing God is central to every version of Christian theology, little attention has been paid to the other side of the divine-human relationship. This introductory essay approaches the subject via the brief but poignant remarks of two twentieth-century authors appearing in a work of fiction and in a poem. If C. S. Lewis recognizes the primacy of being known by God, Dietrich Bonhoeffer helps define it and underscores its pastoral value. Both authors accurately reflect the main contours of the Bible’s own treatment. Calvin’s view of the image of God, which T. F. Torrance defines as ‘God’s gracious beholding of man as his child,’ may be of assistance in defining what it means to be known by God.


Diacovensia ◽  
2019 ◽  
Vol 27 (4) ◽  
pp. 637-651
Author(s):  
Wiesław Przygoda

Charity diaconia of the Church is not an accidental involvement but belongs to its fundamental missions. This thesis can be supported in many ways. The author of this article finds the source of the obligation of Christians and the whole Church community to charity service in the nature of God. For Christians God is Love (1 John 4, 8.16). Even though some other names can be found, (Jahwe , Elohim, Adonai), his principal name that encapsulates all other ones is Love. Simultaneously, God which is Love showed his merciful nature (misericordiae vultus) in the course of salvation. He did it in a historical, visible and optimal way through his Son, Jesus Christ through the embodied God’s Son, Jesus Christ, who loved the mankind so much that he sacrificed his life for us, being tortured and killed at the cross. This selfless love laid the foundations for the Church, which, in essence, is a community of loving human and God’s beings. Those who do not love, even though they joined the Church through baptism, technically speaking, do not belong to the Church since love is a real not a formal sign of belonging to Christ’s disciples (cf. John 13, 35). Therefore, charitable activity is a significant dimension of the Church’s mission as it is through charity that the Church shows the merciful nature of its Saviour. A question that needs to be addressed may be expressed as follows: in what way the image of God, who is love, implies an involvement in charity of an individual and the Church? An answer may be found in the Bible, writings of the Church Fathers of and the documents of Magisterium Ecclesiae and especially the teachings of Pope Benedict XVI and Pope Francis.


2020 ◽  
Vol 59 (89) ◽  
pp. 247-262
Author(s):  
Sanja Gligić

In the course of history, ecclesiastical life has been imbued by secular beliefs, embodied in human endeavour to get a strong foothold in the Church. Since Emperor Constantine's era, the idea that matured in the ecclesiastical consciousness was that the fundamental principle underlying the organization of ecclesiastical life lay in the domain of law. Nevertheless, in contrast to positive law, canon law is not an expression of the will of an individual or the congregation; instead, it comprises rules deriving from the nature of the Church. The Church, just like any other organism, is governed by two tenets: the static organization, and its dynamic life function. Thus, the responsibility of monks can be perceived either in line with canonic law or within the social context, whereby these tenets are inalienable since there can be no life without organization, nor can there be organization without life. In case a member abandons an organization, regardless of the reasons behind such action (be it voluntary or through the power of law), positive law prescribes that all ties between the said organization and its former member are to be dissolved. On the other hand, in case a penalized monk is obliged to leave the monastery due to the gravity of the pronounced sanction, he is entitled (as a former member) to preserve the status of a Christian. This point derives from the fact that baptism constitutes an indelible fact of spiritual life. This paper examines the subject matter of monks' responsibility for violation of canon law, by comparing the mediaeval and contemporary sources of the Serbian canon law, in view of identifying changes in the said period and drawing the most accurate conclusions.


2021 ◽  
Vol 7 (14) ◽  
pp. 92-97
Author(s):  
Edvica POPA ◽  

The notion of divine image is generously described by the patristic literature, each of the authors trying to identify the content of this special characteristic of human being, considered (in different positions) the defining element of the created rational being, indicating the possibility of opening to God not through something external, but from the inside of the human being. Since when they speak of God, the Church Fathers do not consider the reality of the one being, but that of the three persons, the Father, the Son and the Holy Spirit, as well as when the question of the image of God is raised, they emphasize that this the image by which human nature is conformed is the image of the Son, or the image of the Word. In this article I set out to draw some points on this patristic feature of the Eastern Fathers.


2007 ◽  
Vol 43 ◽  
pp. 69-79
Author(s):  
Stuart George Hall

The pathologically pious heresy-hunter Epiphanius, bishop of Salamis from 365 to 403, might be reckoned a champion of uniformity in the Church. Notoriously he promoted the campaign against Origen in Palestine, and in his Panarion attacks Origen’s theology at length. Never the brightest of the Fathers, he was confused by the question of the image of God in man. He comes to it when considering the sect of Audians, who were anthropomorphites; that is, they held God to have a bodily form which the human body replicates. According to Genesis 1: 26–7, God made man, male and female, in (after, according to) the image and likeness of God When Epiphanius gets to the detail of the Audian argument, it is plain that they argued from the use in Scripture of bodily language about God’s eyes, hand, feet, and other organs, and from the Lord’s appearances to Moses and the prophets, to demonstrate his bodily shape. Epiphanius can refute this in detail, but is aware of other suggestions about wherein what is ‘in the image’ consists, and regards none as wholly coherent with orthodox faith and Scripture. He mentions the theories that it is the soul that is in the image, or that it is virtue, or that it is the grace received in baptism, or that it applied to Adam only before his sin.


2006 ◽  
Vol 8 (38) ◽  
pp. 266-288
Author(s):  
Philip Barrett

In December 1994 the Revd Philip LS Barrett BD MA FRHistS FSA, Rector of Compton and Otterbourne in the Diocese of Winchester, successfully submitted a dissertation to the University of Wales College of Cardiff for the degree of LLM in Canon Law, entitled ‘Episcopal Visitation of Cathedrals in the Church of England’. Philip Barrett, best known for his magisterial study, Barchester: English Cathedral Life in the Nineteenth Century (SPCK1993), died in 1998. The subject matter of this dissertation is of enduring importance and interest to those engaged in the life and work of cathedrals, and the Editor invited Canon Peter Atkinson, Chancellor of Chichester Cathedral, to repare it for publication in this Journal, so that the author's work might receive a wider circulation, but at a manageable length. In 1999 a new Cathedrals Measure was enacted, following upon the recommendations of the Howe Commission, published in the report Heritage and Renewal (Church House Publishing 1994). The author was able to refer to the report, but not to the Measure, or to the revision of each set of cathedral Statutes consequent upon that Measure. While this limits the usefulness of the author's work as a point of reference for the present law of cathedral visitations, its value as an historical introduction remains.


1976 ◽  
Vol 4 (1) ◽  
pp. 69-80 ◽  
Author(s):  
Mark D. Keyser ◽  
Gary R. Collins

The study investigated similarities between the concept of Cod and the image of the parents in evangelical Protestants. The results were then compared with a previous study done with Catholic subjects. The study found that among evangelicals the image of God was rated equally high on maternal and paternal items. This suggests that God is perceived as a well integrated parental image by evangelicals. When compared with Catholics, it was found that evangelicals perceived God as more maternal. The possible effects of the Mother Mary figure on the divine image as an explanation for this difference are considered. Furthermore, it was found that evangelicals also perceived God as more paternal than did Catholics. It is suggested that this indicates that evangelicals understand God as a parental figure while Catholics perceive Him as an institutional figure. Implications are drawn for Christian education in both the church and home.


1957 ◽  
Vol 26 (2) ◽  
pp. 132-142
Author(s):  
Rondo E. Cameron

The Popes of Rome ruled as both temporal and spiritual sovereigns for more than one thousand years, but historians have been little concerned with the former aspect of their sovereignty except as a factor in international politics and diplomacy and for its effect upon their status as heads of Catholic Christendom. Details of the internal administration of the States of the Church have been largely neglected. This state of affairs is particularly true with respect to the modern and recent periods of European history, during which the rise of great national states eclipsed the tiny temporal domain of the Pope. There is a substantial literature on the finances of the Papacy in the later Middle Ages, when finance is recognized as having played an important part in political affairs, but a survey of the literature for the modern period fails to reveal any systematic treatment of the subject. There is reason to believe, however, as this brief note indicates, that there is a significant connection between the financial situation of the States of the Church and the loss of the temporal power. It is even possible that this connection extends to matters of Church doctrine.


1993 ◽  
Vol 49 (1/2) ◽  
Author(s):  
L. Steyn ◽  
J. H. Koekemoer

Sally McFague’s image of God: A critical evaluation In the past decade, many feminist publications on the image of God have seen the light of day. This article concentrates on the viewpoint of Sally McFague in addressing the problem of God-language. It attempts to poin t ou t the positive and negative aspects of McFague’s images of God-as-Mother, God-as-Lover and God-as-Friend. Finally, it aims to pinpoint the value of the feminist viewpoint for theological discussion in general and the proclamation of the church today in particular.


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