scholarly journals “Person” in the Law of Religious [Institutes]

2021 ◽  
Vol 7 (2) ◽  
pp. 1-16
Author(s):  
Damián Němec

The emphasis on the human person and his dignity was significantly applied in the new regulation of the law of consecrated life, which is dealt with in the new Code of Canon Law of 1983 in integrum compared to the previous Code of Canon Law of 1917. This paper describes only some of the changes in the law of religious institutes in the Latin Church.The first section regards mainly the person who has taken religious vows and focuses on the question of religious vows as the basis of religious life. It also discusses confessors viewed as a necessary tool for the renewal of religious life as well as modifications in the concept of poverty as a very important element of religious life. The second section focuses on the government of religious institutes, discussing the strengthened position of internal superiors over external superiors in religious congregations, the strengthened position of the superior of monasteries of nuns, and the extended powers of superiors on release from a religious institute due to illegitimate absence from a religious house.As this is in some cases a very recent legal regulation, the author does not hesitate to express his critical observations.

2021 ◽  
Vol 51 (2) ◽  
pp. 309-340
Author(s):  
Jumbin F. Torres

The article is about methods of restructuring of governance in an Institute of Consecrated Life. The study is set in the context of the Order of the St. Augustine. It highlights methods applicable and proposed by the Code of Canon Law for religious institutes namely; suppression, union, merger, absorption and creation of new provinces as means of restructuring of religious institutes. The study is set in the context of the Unión de las Provincias Españolas, by which Augustinian Provinces in Spain are in the process of uniting and becoming one province. The study considers largely Filipino Augustinian Religious in the Vice-Province of the Vicariate of the Orient under the jurisdiction of the Province of the Most Holy Name of Jesus of the Philippines having its sede in Spain.


2019 ◽  
Vol 6 (1) ◽  
Author(s):  
István Lükő

A cikk a szakképzési törvény megjelenésének 25. évfordulója alkalmából rendezett „25 éves a szakképzési törvény - Korszakos változások - új irányok” című konferencia előadása alapján készült, amelyet a szerző vezette Az első szakképzési törvény gazdasági- társadalmi környezete nemzetközi kitekintésbe című Panel keretében tartott.Ez a negyedszázados esemény a társadalmi-gazdasági szinten zajló rendszerváltás fontos része volt a másik két oktatási alrendszer törvényi szabályozásával együtt.Az írás ezt a korszakot, illetve a törvényhez kapcsolódó gazdasági-társadalmi környezetet mutatja be nemzetközi kontextusban.A téma elvi-elméleti felvezetéseként a szerző áttekinti a különböző szempontok és léptékek szerinti szakképzési modelleket, amelyek a világban fellelhetők. The government formed after the political events in 1989 considered the comprehensive transformation of the educational system, primarily by legal regulation, as one of their main tasks. After years of preparation, the three acts on education were passed in 1993, including the Act on VET. Several documents, e.g. the National Qualification Registry, are connected to this law; in this article I have undertaken to examine these connections and to make comparisons to other countries. On the occasion of the 25th anniversary of the law taking effect, on May 5th 2018 the Hungarian Association for Pedagogy and the Teacher Training Centre of the BME organized a monumental conference titled The Law on VET becomes 25 years old – Epochal changes – new directions in Budapest at the BME. After the plenary sessions, five panels were held – I was the moderator of the one titled: The socio-economic environment of the first VET act in an international dimension, and I held a short lecture here with a similar title. 


Author(s):  
Remedio Sánchez Ferriz

En las recientes reivindicaciones de mayores medios de participación democrática, como contestación a la simple participación mediante representantes elegidos, Suiza nos ofrece, una vez más, un ejemplo muy curioso. Este es un estudio sobre la regulación constitucional y legal del proceso de consultas a través del cual los ciudadanos dejan sentir su voz en todo proyecto normativo relevante. Puede ser considerado un derecho constitucional más pero, a la vez, es un mecanismo de integración territorial y ciudadana en un sistema presidido por la permanente manifestación de la voluntad popular.In the latest demands to enable an increase in popular participation in any democratic government, once more Switzerland offers a very curious example. In this study can be seen the constitutional and legal regulation for the consultation like the process in which, the citizens in Switzerland contribute in the elaboration of the law, expressing their views when the Government is preparing some important legislation. It can be considered another constitutional right; but at the same time it is a mechanism for territorial integration and citizenship in a system chaired by the permanent expression of the popular will.


2006 ◽  
Vol 8 (39) ◽  
pp. 425-437
Author(s):  
Aidan McGrath Ofm

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.


1997 ◽  
Vol 40 (3-4) ◽  
pp. 23-36
Author(s):  
Jan Dyduch

On March 19, 1997, an instruction entitled ‘De Synodis Dioecesanis Agendis‘ was issued jointly by the Congregation for Bishops and the Congregation for Evangelization of Peoples. This Instruction is based on the regulations of the Code of Canon Law published in 1983. In the light of the new Instruction, a Diocesan Synod is to be an instrument of renewal of religious life, pastoral ministry and of the particular Church Law. The entire community of Gods People should be envolved in the works of a Diocesan Synod: its priests, the religious and the laity. They should participate in its works on all stages - in praparations, deliberations and in fulfilment of the resolutions.  A Diocesan Synod, understood like this, has the pastoral character and its legislative function is utilized for the pastoral ministry. While a Synod is in session, the Diocesan bishop is the only legislator; other participants -through their advisory voice - take part in preparing the synodal law.


2020 ◽  
Vol 31 (1) ◽  
pp. 135-152
Author(s):  
Witold Wybult

Code of Canon Law promulgated by John Paul II gave the secular in church the possibility to take part in the service of managing, teaching and sanctifying. Canon 228 seems to be the most significant and fundamental code rule to apply the canonical mission. The first point informs: „Persons who are found suitable are qualified to be admitted by the sacred pastors to those ecclesiastical offices and functions which they are able to exercise according to the precepts of the law”. The following paragraph states: „Persons who excel in necessary knowledge, prudence, and integrity are qualified to assist the pastors of the Church as experts and advisors, even in councils according to the norm of law”. Code of Canon Law of 1983, which in a very synthetic way formalises the preparation for marriage, draws the attention to some significant pastoral elements and, which is important, leaves the initiative in all not specified matters to specific conferences of Bishops and ordinaries of place. Polish Episcopal Conference meeting the expectations of the teaching of the Second Ecumenical Council of the Vatican and code norms published „Family Pastoral Directory”, which became the legal foundation for the requirement of demanding the sanction of competent power for family life counsellors to serve in Church, which formally means having missio canonica. Polish dioceses respectively are developing the norms relative to the requirements set for family life counsellors during diocese synods or outside of them.


2020 ◽  
Vol 7 (3) ◽  
pp. 81-103
Author(s):  
A. Avtonomov ◽  
V. Grib

The article is a comparative study of legal regulation on non-profits in the Russian Federation by federal law, including the Constitution, federal statutes, decrees of the President of the Russian Federation, resolutions of the Government and Constitutional Court rulings in connection with certain international legal acts dealing with the right to association, and by the law of the constituent entities of the Russian Federation. The main stages of the development of the law on non-profits both at the federal level and at the level of the constituent entities of the Russian Federation, as well as the main trends in the development of non-profit law in modern Russia, are explored.


2020 ◽  
Vol 203 (12) ◽  
pp. 78-82
Author(s):  
Boris Voronin ◽  
M Karpuhin ◽  
Irina Chupina ◽  
Yana Voronina

Abstract. Grain production and legal regulation of this industry are of paramount importance for the food security of the country. Therefore, the purpose of this study is to analyze the adopted laws and regulations governing relations in the field of grain and its processed products, as well as the state of grain growing in the Sverdlovsk region. The article uses the methods of analysis and synthesis, the method of generalization, the method of environmental forecasting, as well as the method of strategic planning. The results of this article are based on the fact that the Law of the Russian Federation No. 4973-1 “On Grain”, adopted on May 14, 1993 (currently not in full force), established in the first article that grain is a national treasure of the Russian Federation, one of the main factors of economic stability. By Decree of the Government of the Russian Federation No. 491 of August 4, 2005, state control over the quality and safety of grain, mixed feed and components for their production, as well as by-products of grain processing, is assigned to the Federal Service for Veterinary and Phytosanitary Supervision. The scientific novelty lies in the fact that the Law “On Grain” has not become the main integrated legal act in the complex regulating relations in the field of grain growing. Therefore, at present, the most important legal act is the Long-term strategy for the development of the grain complex of the Russian Federation until 2035, which, according to the authors, should consider the organizational and economic mechanisms for the production of the grain complex in close interconnection, where high-quality grain should be provided with appropriate technologies at all stages of its production, as well as during transportation, storage and processing.


2018 ◽  
Vol 20 (2) ◽  
pp. 173-184
Author(s):  
James Campbell

This article compares the use of the term ‘pastoral’ in the canon law of the Western Latin Church as it occurred in the 1917 Pio-Benedictine Code of Canon Law and then in the revised Code of 1983. This is because the revised Code increased the use of the term ‘pastoral’ and I wish to see if its meaning had changed and, if so, in what way. Hence, the article considers how ‘pastoral’ occurred in the 1917 Code and then in the equivalent canons in the 1983 Code. There follows comparison with the earlier canons, which were sources for the 1983 canons to see if the term has changed in meaning and, if so, what that change is. I am interested to track the use of ‘pastoral’ because it has become ubiquitous in the churches and in society and has different meanings and expectations associated with it. As far as canon law and ecclesiastical law generally are concerned, it is interesting to consider how the term is used and this article is a contribution to an understanding of ‘pastoral’ in the law of the Roman Catholic Church.


2021 ◽  
Vol 7 (2) ◽  
pp. 1-19
Author(s):  
Stanislav Přibyl

The Code of Canon Law, promulgated by John Paul II in 1983, is a synthesis of the earlier 1917 Code and the doctrine of the Second Vatican Council. The Code contains norms which go well beyond a reform of the inner legal relations within the Catholic Church. A lot of them deal with the value and dignity of the human person, which shows a clear impact of the pontificate of John Paul II, who put a lot of emphasis on the given issue. The article discusses the fields of legal regulations in the Code which touch upon the issue of the human person, esp. freedom of religion, protection of unborn life, social rights, legal standing of women and the education of future generations. It points out the main difference between civil law (which also serves the dignity of the human person) and canon law, namely, the latter aims at the salvation of souls.


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