scholarly journals The Law of State on Religious Communities during Zogu's Governance and Enver Hoxha's Governance (The Example of the Catholic Church in Albania)

Author(s):  
Nertila Haxhia Ljarja
2021 ◽  
Vol 20 (20) ◽  
pp. 146-160
Author(s):  
Nerina Visacovsky

On 30 December 2020, amid the turmoil caused by the COVID pandemic, Argentina approved the Voluntary Termination of Pregnancy Law, which legalises abortion until the fourteenth week of pregnancy. In public hospitals, the procedure is now free of charge. Prior to this milestone, which was enacted on 14 January 2021, abortion was only permitted in cases of rape or when a pregnant woman's health was at risk. The law is the result of years of activism and protests against prevailing conservatism in a country heavily influenced by the Catholic Church, led by a grassroots women's movement, known as the 'green wave', which unites many different organisations that have been working towards the same goals.


2021 ◽  
Vol 4 (6) ◽  
pp. 71-92
Author(s):  
Denis Bećirović ◽  

The illumination of the state policy of separating „positive“ from „negative“ priests of the Catholic Church in Bosnia and Herzegovina is one of the most important issues in the scientific understanding of the position of this religious community during the first decades of existence of AVNOJ Yugoslavia. The post-war government in Bosnia and Herzegovina treated a large number of priests of the Catholic Church as real or potential enemies of the state. In addition to ideological reasons, which were more or less similar in all communist parties, the negative attitude of the CPY towards the Catholic Church was influenced by the fact that some priests supported the Ustasha movement during World War II. The justification for the negative attitude of party structures towards priests was argued most often in the documents of the Commission for Religious Affairs with the following reasons: that most priests supported the occupier and domestic traitors during the war; that they spread hostile propaganda against the national liberation movement; that they actively participated in the fight against the new social order; that they had committed war crimes and persecuted members of other faiths, and that they had been linked to criminal Ustasha emigration abroad. In addition to „negative“ priests, there were „positive“ priests that also acted in Bosnia and Herzegovina, as they were reported in the documents of the Commission for Religious Affairs. They did not agree to the policy of confrontation with the state and demanded the establishment of dialogue and co-operation between the Church and the state. Some of the most prominent representatives of this group of priests were: Fr Bono Ostojić, Ph.D. Karlo Karin, Fr Mile Leko, Fr Josip Markušić, Fr Serafin Dodig, Fr Kruno Misilo and others. Holders of „positive tendencies“ among the clergy, according to the Commission for Religious Affairs, understood the importance of establishing communication and contacts with state authorities and the harmfulness of the negative attitude of the Catholic Church towards the state. Their goal was to change the methods of solving problems between the Church and the state, and to build a path that would suit the interests of the priests of the Catholic Church and the interests of the state community, without interfering with the church's dogmatic canonical principles. The „differentiation“ of priests was treated as a positive result of the work of the new government, because, according to their assessments, in the first post-war years, representatives of religious communities had a hostile attitude towards the newly created socialist Yugoslav state. Therefore, the Commission for Religious Affairs (federal and republican) has continuously pointed out the importance of implementing a policy of „stratification and differentiation“ within religious communities. According to the observations of the Federal Commission for Religious Affairs, the post-war „differentiation“ among the priests happened primarily due to their attitudes regarding the relationship between the state and the Catholic Church. Some considered it desirable and useful to establish communication with the newly created authorities, while others maintained a negative attitude. In addition to these two groups, there was a third group that was undecided. When considering the biographical data of the priests of the Catholic Church proposed for state decorations, it can be stated that the authorities carefully took into account which priests would be on the list of candidates recommended for awards. A positive attitude towards the new socialist social order, active participation in the establishment of the Association of Catholic Priests in Bosnia and Herzegovina, loyalty, patriotism towards socialist Yugoslavia, and contribution to the development of the Association of Catholic Priests in Bosnia and Herzegovina, are some of the most important reasons for choosing candidates for awards. In the article, based on unpublished archival sources, the author contextualises the political circumstances and the circumstances in which the state policy of differentiation of „positive“ from „reactionary“ priests of the Catholic Church in Bosnia and Herzegovina took place, points out the reasons for and bearers of such policy, and analyses its expression and results. Also, the author presents the policy of awarding state recognitions and decorations to individual priests in Bosnia and Herzegovina.


2021 ◽  
Vol VOL. 1 (N.1 (2021)) ◽  
Author(s):  
Elio Dovere

The law of the Catholic Church, the ius canonicum, after the consolidation of the apostolic tradition and the emergence of the monarchical episcopate, has been formally structured mostly thanks to the decisions of the ecumenical councils. Despite the authority of the Roman law, in the 5th century C.E. and in particular on the basis of the decisions of the Council of Chalcedon (a. 451), a strong interaction between canones and leges was established: such reciprocal exchanges were balanced by an absolute autonomy in the respective spheres of competence of ius canonicum and ius saeculare.


Author(s):  
Xiaoxuan Wang

Under nation-building efforts in the first half of the twentieth century, communal temples became targets of political and military appropriation, which shook the foundations of traditional communal religion in Rui’an and Wenzhou. Yet local religion continued to thrive. Protestant churches, the Catholic Church, traditional salvationist groups, and redemptive societies all grew rapidly, perhaps due in large part to the greater social uncertainty brought about by political turbulence and wars. Since its foundation in the region in the late 1920s, communist forces stayed close to local peasant society, including their religious communities. Before 1949, they both clashed and collaborated with religious groups, depending on the circumstances.


1976 ◽  
Vol 32 (4) ◽  
pp. 365-370
Author(s):  
John A. Miles

“Among the ways in which the American Catholic church has protestantized itself in recent years, the most important has been its transformation into an intentional community. For Catholics now, as earlier for Protestants, religion is a matter of opinion, not of birth; and one may change religion as easily and frequently as one changes one's mind. However—and this is the key point—intentional, Protestant religious communities have long had ways of recognizing and removing those who do not share the grounding intention of the community, whatever it may be. The Catholic Church, for the moment anyway, does not.”


2019 ◽  
Vol 18 (2) ◽  
pp. 97-118
Author(s):  
Donatus Sermada K

This article was in fact a lecture delivered by the author on June 10th, 2018 in Surabaya during the national Seminar touching on the Catholic Church in Indonesia and the actual Indonesian political Situation called “Tahun Politik” (Political Year). The author spoke about the Indonesian Catholic Church in the midst of Indonesian political struggle and the future challenges the Catholic Church should face. There were three social-political Phenomenons that have damaged and are still damaging the life of Indonesian nation, including the Indonesian Catholic church, namely the complicated birocratization; the unhealthy politization of the religion and the demoralization of the law. These phenomenons should be taken into account by the Catholic Church, when it comes to concrete commitment of the Catholic Church to give positive impact on Indonesian society based on its own Catholic faith.   Artikel ini pada kenyataannya adalah ceramah yang dibawakan penulis pada tanggal 10 Juni 2018 di Surabaya pada kesempatan Seminar Nasional yang bertemakan tentang Gereja Katolik Indonesia dan Situasi aktual politik Indonesia yang disebut “Tahun Politik”. Penulis berbicara tentang Gereja Katolik Indonesia di tengah pergulatan politis dan tantangan-tantangan yang harus dihadapi gereja Katolik ke depan. Ada tiga fenomen sosial-politis yang telah mencederai dan masih sedang mencederai kehidupan berbangsa, termasuk Gereja Katolik, yaitu birokratisasi yang rumit; politisasi yang tidak sehat terhadap agama dan demoralisasi hukum. Fenomen-fenomen itu perlu disikapi gereja Katolik, bila gereja Katolik berkomitmen dalam terang iman Katolik untuk menjawabi tantangan-tantangan itu secara positif demi kebaikan bersama masyarakat Indonesia.


Traditio ◽  
1979 ◽  
Vol 35 ◽  
pp. 145-172 ◽  
Author(s):  
John T. Noonan

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.


Author(s):  
Burkhard Josef Berkmann ◽  
Augustinus Fries

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.


2015 ◽  
Vol 1 (1) ◽  
pp. 40
Author(s):  
José Luis Javier Pérez Martín

La Ley sobre protección del Tesoro Artístico Nacional, redactada en 1933, durante la segunda República, permaneció vigente durante todo el periodo franquista, lo que lleva a plantarnos su vigencia y aplicación efectiva. En este trabajo nos centramos sobre los criterios aplicados a la reparación de los bienes pertenecientes a la Iglesia Católica, dentro del nuevo contexto sociopolítico de la posguerra. Abstract The Law on the Protection of the National Artistic Treasure, written in 1933, during the Second Republic, remained effective throughout the Franco period, leading to plant us their operation and application. In this paper we focus on the criteria applied to the repair of property belonging to the Catholic Church, in the new political context of the postwar period.


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