scholarly journals Responsibility of monks in the context of law and society

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.

Tekstualia ◽  
2013 ◽  
Vol 1 (1) ◽  
pp. 325-339
Author(s):  
Bartłomiej Starnawski

The author of the articles shows that the grotesque is one of the most interesting ways of diagnosing changes and crisis in the anthroposphere (as a continuation of thinking about the subject from the middle of the seventeenth century through to postmodernity). According to Thomas Mann, the grotesque is one the most active notions in contemporary art. Its productivity results from the subject’s tendency to self-fulfilment, self-cognition, and self-definition; it is an independent vision and position in the “me – the world”, “me – community” relations. The grotesque is a strongly philosophical proposition, which bases its discourse on a conscious protest against present values and on transgressing all limiting and oppressive conventions. Therefore, the grotesque enhances the status of the subject, but it neither defends nor affi rms the subject in a direct manner. Apart from the social dimension, the grotesque also has numerous metaphysical references, the expression of which can be found in Kierkegaardian understanding of the metaphysical crisis as despair. Facing piercing emptiness, the human being tries to find some support and resorts to anything only to make a leap into the future. Laughter is only a manifestation of horror vacui, a specific dialectic moment devoid of any prospect of purification or comfort. What dominates a grotesque work is its open structure. The motifs which shape the spatiotemporal order do not always form a cause-and-effect system. Deliberately incoherent themes (logical coherence is not an aim) seem to be rather “deconstructors”, not constructors of the plot; they are intermittent, provoke the impression of a secret, a gleam, the absurd.


1994 ◽  
Vol 45 (4) ◽  
pp. 625-641
Author(s):  
Bruce S. Bennett

Ever since Henry VIII, the law of marriage has occupied a special place in the relationship between the Church of England and the state. Changes made to the law since 1857 have raised far-reaching and difficult questions about the nature of this relationship, involving the status of canon law. Marriage in church has remained, perhaps even more than the other rites of passage, an essential point at which the Church of England still touches the lives of great numbers of the otherwise unchurched, and these questions have thus impinged on the practical reality of the Church's work.


PMLA ◽  
1926 ◽  
Vol 41 (2) ◽  
pp. 262-279 ◽  
Author(s):  
Gordon Hall Gerould

An uncertainty as to the social position of franklins in general, and of Chaucer's Franklin in particular, has occasionally manifested itself since the early part of the nineteenth century. In 1810, Todd quoted an elaborate note from Waterhous's Commentary on Sir John Fortescue's De Laudibus Legum Angliae, which tended to show that franklins did not belong to the gentry. Todd was unable to square this with the fact that (Chaucer's Franklin was “at sessiouns,” since by a statute of Edward III, which he cited, justices were seigneurs, and that he was “ofte tyme” a knight of the shire, since by another statute members of parliament were “chivalers et serjantz des meulz vaues du paies.”) Todd was thus left in doubt as to the gentility of the Franklin. As a later examination of Fortescue's remarks will show, it is not he but his commentator who must be blamed for lowering the status of Chaucer's sanguine country gentleman. If Todd had been of firmer mind, or if he had studied the subject more deeply, he would not have left the matter in doubt—a trap for unwary feet in later times.


2019 ◽  
Vol 30 (2) ◽  
pp. 79-93
Author(s):  
Ryszard Kilanowicz

The liturgy of the Church is an expression of his life with Christ, it uses natural signs such as: wine, water, light, fire, smoke, oil, salt, and ash. It is through Christ, that they are given new meaning. This meaning is to glorify God and sanctify man. The sacramental ordinances are determined by ecclesiastical law which follows the nature and life of the Church. The ordinances of the Church, through the visible, direct us to the invisible. Behind what is visible there is no action or God's grace. These signs of God's presence are symbols, which St. Augustine calls the encounter between God and man in the world of signs and symbols, a Sacrament. The sacraments of the Church are graces given by God to man for his sanctification. In sacramental rites, the Church can change form, but never in essence and matter. The matter of the sacrament of marriage is between a woman and a man. The rites of the sacrament of marriage, were announced in 1969, are used in Poland, however, it has been adapted to the new Code of Canon Law of 1983. Jesus instituted the sacrament of marriage. Marriage should be celebrated at Holy Mass and is characterized by unity and indissolubility. During the rites of the sacrament of marriage, the Church then asks what is the will of the person is for getting married. The couple then join their right hands and place the wedding rings on each other’s ring finger. The effects of the sacrament of marriage, which express the Rites of the Sacrament of Marriage, are: marriage community, grace and family. The liturgy with the sacrament of marriage speaks of the sanctity of marriage through the beauty of its celebration.


2021 ◽  
Vol 30 (4) ◽  
pp. 621
Author(s):  
Monika Żuchowska-Grzywacz

<p>The article attempts to present an analysis of the status of the concept of chemisation in selected legal acts at the international, EU and national level, and to outline the legal problems related to chemisation in agriculture. The concept of agricultural chemisation belongs to a conceptual framework of other than law branches of empirical sciences, primarily chemistry, natural sciences and agrotechnics. There is no legal definition and it is dispersed in various legal acts, significantly affecting such areas as environmental protection, food safety, food security, protection of the interests of consumers and agricultural entrepreneurs. Due to the specifics of the study, a dogmatic method was used, which analyzed the research material consisting of selected, key provisions of international and EU law and acts of national law. In order to extend the issues and emphasize the issues that are the subject of the study, the method of content analysis and analysis of documents was used, thanks to which the topicality of the discussed issue and its significant importance from the social point of view were shown. The conducted analysis was aimed at showing and emphasizing the multifaceted and complex nature of the issue.</p>


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.


AJS Review ◽  
1980 ◽  
Vol 5 ◽  
pp. 63-79
Author(s):  
Jacob Neusner

Mishnah's division of Damages presents a complete and systematic account of a theory of Israelite civil law and government. While drawing on diverse materials of earlier ages, beginning, of course, with the diverse Mosaic codes themselves, Mishnah's system came to closure after the Bar Kokhba War. Like its account of the Temple and its cult, Mishnah here speaks of nonexistent institutions and prohibited activities. There being no Israelite government, Mishnah's legislation for a high priest and Temple, a king and an army, speaks of a world which may have been in times past (this is dubious) but did not exist at the time of the Mishnaic discourse on the subject. The division of damages is composed of two subsystems which fit together logically, one on the conduct of civil society—commerce, trade, real estate, the other on the institutions of civil society—courts, administration. The main point of the former subsystem is that the task of society is to maintain perfect stasis, to preserve the status quo, and to secure the stability of all transactions. In the interchange of buying and selling, giving and taking, torts and damages, there must be an essential equality of exchange. No one should come out with more than he had at the outset. There should be no sizable shift in fortune or circumstance. The stable and unchanging economy of society must be preserved. The aim of the law is to restore the antecedent status of a person who has been injured. When we ask whose perspective is represented in a system of such a character and such emphases, we turn to examine the recurrent subject-matter of the division's cases. The subject of all predicates, in fact, is the householder, the small landholder. The definition of the problems for Mishnah's attention accords with the matters of concrete concern to the proprietary class: responsible, undercapitalized, overextended, committed to a barter economy (in a world of specie and currency), above all, aching for a stable and reliable world in which to do its work.


Tekstualia ◽  
2017 ◽  
Vol 2 (49) ◽  
pp. 65-78
Author(s):  
Justyna Pyra

The article begins with an analysis of two works of art: the photography Self Portrait as a Drowned Man by Hippolyte Bayard (1839–1840), which is one of the fi rst photographs in history, and the painting The Wounded Man by Gustave Courbet (1845–1854). Both these images use the same iconographic theme: the death of the author. This comparison leads to a refl ection about the intersections of photography and death, in an artistic as well as an anthropological sense. The similarity of the subject of both the works, and their rootedness in the time of creation, induce a variety of questions: what was the status of photography shortly after the invention of this medium? How did it affect the notion of art, the social position of the artist, the comprehension of realism, and fi nally – the perception of the world itself? The article tries to answer some of these questions by bringing out the picture of a specifi c moment in (art) history, when both man’s interest in death and the realist’s aspiration to create mimetic representations have found a new refl ection in art thanks to photography.


2002 ◽  
Vol 75 (187) ◽  
pp. 47-72 ◽  
Author(s):  
Viviane Barrie

Abstract This article is an attempt to study the position of the Church of England in one particular region – the diocese of London in the south-east of England – throughout the eighteenth century. It considers three problems which the author came across when first researching the subject several years ago: firstly, the social and economic status of parishes; secondly, clerical recruitment and the careers of the clergy; and finally, the pastoral life and work of the Church, especially through the corpus of episcopal visitations.


2021 ◽  
Vol 1 (1) ◽  
pp. 15-27
Author(s):  
Predrag Terzić

The process of creating a modern state and forming political institutions corresponds to the process of transforming the subjects of the past into a community constituted on the principle of citizenship. The citizen becomes the foundation of the political community and the subject, which in interaction with other citizens, forms the public sphere. However, this does not mean that all members of the community have the same rights and obligations contained in the status of a citizen. Excluding certain categories of residents from the principle of citizenship raises a number of issues that delegitimize the existing order by colliding with the ideas of justice, freedom and equality. The aim of this short research is to clarify the principle of citizenship, its main manifestations and excluded subjects, as well as the causes that are at the root of the concept of exclusive citizenship. A brief presentation of the idea of multiculturalism does not intend to fully analytically explain this concept, but only to present in outline one of the ways of overcoming the issue of exclusive citizenship. In order to determine the social significance of the topic, a part of the text is dedicated to the ideas that form the basis of an exclusive understanding of citizenship, the reasons for its application and the far-reaching consequences of social tensions and unrest, which cannot be ignored.


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