NATURAL LAW AND CANON LAW IN OCKHAM'S DIALOGUS

1986 ◽  
pp. 1-24 ◽  
Author(s):  
Brian Tierney
Keyword(s):  
Natural Law ◽  
Canon Law

scholarly journals O inviolável sigilo dos sacerdotes e o respeito à intimidade

2018 ◽  
Vol 76 (302) ◽  
pp. 428-445
Author(s):  
Denilson Geraldo
Keyword(s):  
Family Environment ◽  
Natural Law ◽  
Canon Law ◽  
Media Coverage ◽  
Professional Ethics ◽  
Pastoral Work ◽  
The Media ◽  
Sacrament Of Reconciliation ◽  
Pastoral Action

Resumo: O inviolável sigilo sacerdotal, ao celebrar o sacramento da reconciliação, é uma reflexão necessária diante da midiatização da privacidade e da intimidade. O argumento exige uma análise interdisciplinar e coloca o direito canônico em diálogo com a teologia, a antropologia e a pastoral. O serviço desenvolvido pelos presbíteros na ação pastoral implica que o sigilo sacramental e o segredo de ofício, que se aproximam da ética profissional, sejam assegurados pela maturidade humana do próprio presbítero e garantidos pela legislação civil e canônica. Deste modo, o fiel, ao procurar o trabalho pastoral dos sacerdotes e manifestar os assuntos de sua intimidade, de sua consciência e de suas questões relacionadas ao ambiente familiar, merece respeito e consideração, pois a divulgação de fatos alheios representaria uma agressão ao direito natural e ao direito divino de inviolabilidade que o sacramento impõe, com consequências gravíssimas na legislação canônica e civil.Palavras-chaves: Sigilo. Intimidade. Mídia. Sacramento da reconciliação.Abstract: The inviolable priestly secrecy to celebrate the sacrament of reconciliation is a necessary reflection on the media coverage of privacy and intimacy. The argument requires an interdisciplinary analysis and puts the canon law in dialogue with theology, anthropology and pastoral. The service developed by priests in pastoral action implies that the sacramental seal of office and secrecy, approaching professional ethics, human maturity is assured by the priest himself, and guaranteed civil and canonical law. Thus the faithful to seek the pastoral work of priests and express the issues of intimacy, of your consciousness and issues related to family environment deserves respect and consideration because the disclosure of unrelated facts represents an assault on the natural law and the divine right sanctity of the sacrament requires with very serious consequences in canon and civil law.Keywords: Secrecy. Intimacy. Media. Sacrament of reconciliation.

SAME-SEX RELATIONS AND THE CATHOLIC CHURCH: HOW LAW AND DOCTRINE HAVE EVOLVED, 1820–2020

2019 ◽  
Vol 34 (2) ◽  
pp. 210-244 ◽  
Author(s):  
Charles J. Reid
Keyword(s):  
Twentieth Century ◽  
Natural Law ◽  
Catholic Church ◽  
Canon Law ◽  
Final Section ◽  
Same Sex ◽  
Benedict Xvi ◽  
Anti Semitism ◽  
Negative Judgment ◽  
The Church

AbstractThis article surveys the evolution of the Catholic Church's official response to same-sex relations over the last two centuries. While the church has not altered its condemnation of same-sex relations, the justifications it offers for this negative judgment have shifted substantially, and they have moved, especially recently, in a direction that makes possible the acceptance of same-sex relations at some future—and perhaps not too-distant—date. This article explores the manualist tradition of the nineteenth and early to mid-twentieth centuries; twentieth-century developments in canon law; and the period of retrenchment and reaction under popes John Paul II and Benedict XVI. Its final section looks at developments under Pope Francis. It closes by considering the way the church's teaching shifted over the course of its history—penance and the forgiveness of sins; anti-Semitism; and the sin against natural-law of taking interest on a loan (usury). It proposes that we might witness the church undergo a similar shift on same-sex relations.

Religion und Recht in der Frühen Neuzeit

2016 ◽  
Vol 102 (1) ◽  
Author(s):  
Christoph Strohm
Keyword(s):  
Early Modern ◽  
Natural Law ◽  
Canon Law ◽  
Roman Law ◽  
Modern History ◽  
Early Modern History ◽  
Religion And Law ◽  
Law Of Nations

AbstractReligion and Law in the Early Modern history. The devaluation of the canon law by Protestant Reformers promoted the system-oriented presentations of law based on Roman law. Also in ius publicum there is a significant majority of Protestant authors. The situation differs from natural law and law of nations where the discourse of the 16

Why Law, Why Religion?—A Conversation Between a Lawyer and a Theologian

2008 ◽  
Vol 24 (2) ◽  
pp. 373-377
Author(s):  
Douglas Sturm
Keyword(s):  
Natural Law ◽  
Canon Law ◽  
Common Law ◽  
Customary Law ◽  
Social Constructs ◽  
Religion And Law ◽  
Religionless Christianity

Categories such as religion and law are social constructs, proposed for some purpose or other, good or ill, but whose use is worthy of serious question. Consider, e.g., Karl Barth's insistence that Christianity is not a religion or Dietrich Bonhoeffer's coinage of “religionless Christianity.” I will later offer a way of delineating how I use these categories of religion and law, but I am mindful in doing so that there are many ways these, and allied terms, are invoked. We should acknowledge, for instance, that there are many Christianities; many forms of Buddhism; and differing kinds of Islam. We should take note of the serious question whether "customary law" is really “law.” How about “natural law”—is it really law or a “brooding omnipresence in the sky”? Are Torah, Shari'a, Dharma, and Tao cognate terms in some sense? Are they simultaneously “religion” and “law”? In what respect are canon law and common law both “lawful”? Should we adopt Wittgenstein's proposal that words, after all, are but tools embracing a “family of meanings”?

People as Property in Medieval Dubrovnik

2018 ◽  
Author(s):  
Hannah Skoda
Keyword(s):  
Fifteenth Century ◽  
Natural Law ◽  
Canon Law ◽  
Criminal Liability ◽  
Roman Law ◽  
Ius Commune

This article addresses a particularly troubling form of property: slavery in fifteenth-century Dubrovnik. The practice of slavery depended upon law: its articulation lay at the intersection of the Roman law of the ius commune, canon law, local customary and statute law, and natural law. The texture of these different legalistic frameworks provided ways of articulating the problems, discursive and ethical, of treating people as property. The essay explores these tensions by looking at slave contracts, and practices of manumission: slaves could purchase their freedom with their own property (peculium). Both manumission and peculium were inflected by favor libertatis, the acknowledgement that the rigidity of law was a problematic way to deal with people. Further tensions are explored in the context of the criminal liability of slaves. Finally, the essay turns to the range of contracts from outright slavery to indentured labour, and asks how this spectrum problematizes concepts of property.

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