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François Hotman (1524–1590) was one of the leading Reformed jurisconsults of his time. Past research has stressed his innovative interpretations and practices in the study of Roman, feudal, and French constitutional law. Little has yet been said about his views on canon law, another fundamental legal body in Western history that experienced renewed intellectual scrutiny during the sixteenth century. This paper investigates some of Hotman's early work on canon law, focusing on his legal–historical reconstruction of the early Church in De statu primitivae Ecclesiae (1553) and his contribution to a budding historical field in Catholic circles: conciliar history. Despite the general lack of interest in the history of councils on the part of some leading Protestant theologians (Luther, Calvin, Bullinger), Hotman clearly believed that the textual tradition of councils provided a prime example of sustained popish efforts to control and deform the historical narrative and the legal structure of the Church. Yet, although he seems to have worked on demonstrating just that over more than forty years, he never again voiced his views on the matter in a dedicated work. Comparing in its conclusion De statu primitivae Ecclesiae with Antitribonian, this paper suggests that, in parallel to his better known 'complex of Tribonian' (Pierre Mesnard), Hotman seems to have suffered from a 'complex of Gratian': the doctrinal unity and institutional accomplishments of the early Church, as represented by the first councils, may well have dazzled Hotman and kept him from writing some definitive work against Gratian. [ABSTRACT FROM AUTHOR]

Catholic institutions of higher education are in the world with a purpose that stems from an identity rooted in the life and the faith of the Church. Their reality is partially constituted and guided by a set of principles and rules of law. This 'normative framework' defines the path of each university toward the common good. Norms are also essential for stabilizing the life of these organizations and for protecting their identity and mission throughout time. This article presents a summary of that normative framework, to furnish a specific perspective—the legal point of view—for observing, understanding, and assessing the reality of these institutions. The article starts with a reflection on general issues that foster such an understanding and then proceeds to present the principles and norms that constitute such normative framework: natural and divine positive law, public international law and state law, and, finally, the basic norms of Church law: the Code of Canon Law (1983), the Code of the Canons of Eastern Churches (1990), and the Apostolic Constitutions Ex Corde Ecclesiae (1990) and Veritatis Gaudium (2017), with some reference to its predecessor Sapientia Christiana (1979). [ABSTRACT FROM AUTHOR]

The influence of secularization and secularism in today's society has led to a process of privatization of religion. Faced with this reality, Pope Francis, in his Apostolic Exhortation Evangelii gaudium, has promoted the need for a pastoral conversion, betting on a "Church going out" that, on the one hand, can cope with this process and, on the other hand, go out to meet all those people who suffer in the existential peripheries. The aim of this paper is to demonstrate, through a qualitative and quantitative methodology, how canon law is a reality that cannot stand aside from this call and how, in the specific area of child abuse within the Church, it must opt for a position that we call "expansion" or extra ecclesiam, capable of recognizing and dealing with the cases that have occurred, as well as operating a system of cooperation with the civil order, with the aim of promoting justice and the common good of society, in order to limit the growing process of secularization. [ABSTRACT FROM AUTHOR]

The article examines the issue of abduction and kidnapping in the modern world. This issue is analyzed in two legal systems: the canon law of the Latin Rite Catholic Church and Polish penal law. The choice of these two systems aims to highlight the consistency in understanding and penalizing the offence of abduction (kidnapping). A mixed-method approach, incorporating both analysis and synthesis, is employed in this study. The analysis is comprehensive and multifaceted, while the synthesis aids in organizing and integrating the findings on this topic. [ABSTRACT FROM AUTHOR]

The purpose of the article is to focus on the early history of law in our era, when secular law and religious one shaped each of their own legal system, but at the same time were not clearly distinguishable and separable. The work highlights some important but key nuances that seem to particularly characterize the dimensions of religious and secular law. The main results of the article form a set of conclusions about the presence of secular and spiritual values in the common legal culture of the distant Roman Empire. In times, when canon or religious law, which manifested itself as one of the facets of values of the Christian church, began to become an inevitable part of secular law. In the end, it is important to note that the work as a whole concludes that the political and dogmatic, hence the divine and traditions of the Roman Empire of the ancient state, were became more and more vividly and obviously apparent not only in laws, decisions and edicts of the empire, but also in their potential and possible clash with the acts and regulations issued by the church as a competing force for the power of the empire. [ABSTRACT FROM AUTHOR]

Catholic institutions of higher education are in the world with a purpose that stems from an identity rooted in the life and the faith of the Church. Their reality is partially constituted and guided by a set of principles and rules of law. This ‘normative framework’ defines the path of each university toward the common good. Norms are also essential for stabilizing the life of these organizations and for protecting their identity and mission throughout time. This article presents a summary of that normative framework, to furnish a specific perspective—the legal point of view—for observing, understanding, and assessing the reality of these institutions. The article starts with a reflection on general issues that foster such an understanding and then proceeds to present the principles and norms that constitute such normative framework: natural and divine positive law, public international law and state law, and, finally, the basic norms of Church law: the Code of Canon Law (1983), the Code of the Canons of Eastern Churches (1990), and the Apostolic Constitutions Ex Corde Ecclesiae (1990) and Veritatis Gaudium (2017), with some reference to its predecessor Sapientia Christiana (1979).

The article explores legal medieval iconography in its inextricable connection with the religious ideas of the time and ecclesiastical settings reflected in the canon law, theology, and hagiography. The first steps in this direction were taken only in the beginning of the 21st century, even though the iconic turn in historical research has been discussed for decades. Nevertheless, recent publications on legal medieval iconography still come from the pen of art historians, philologists, or literary critics, but not legal historians. As a result, the analysis of the content of these images is often replaced by mere descriptions. The author offers quite a different approach. Instead of studying miniatures and marginalia only as illustrations to the text to which they are formally attached, she attempts to relate the content of these images with medieval religious ideas. Such a turn of study necessitates references to ecclesiastical texts, and in each individual case, as the author accentuates, it requires a distinctly specific source. Thus, the analysis of the miniature from the “Coutumes de Toulouse” (end of the 13th c.) requires the reference to the Decretum of Gratian and the Liber sextus of Boniface VIII, according to which the artist interpreted the degradation of clerics. The marginalia from the “Coutumes de Bordeaux” (1438), which illustrates the death sentence imposed on thieves, recalls the doctrine of atonement developed by Anselm of Canterbury. The image of the Virgin Mary in the scene of fox Renard’s hanging from the Smithfield decretals (second half of the 14th c.) refers to the ideas of the parasudic procedure liberatus a suspendio, repeatedly described in Marian hagiography. The treatise of French theologian Jean Gerson “Requête pour les condamnés à mort” (end of the 14th c.) should be considered as a starting point for changing the iconography of the death penalty in the next century. In general, as the author concludes, the comparison of medieval legal images with the works of canonists, theologians and hagiographic writings allows not only to understand the deeper meaning inherent in miniatures, but also to clarify the dating of manuscripts, the principles of the artists’ work and their relations with clients. Статья посвящена проблеме современного изучения правовой средневековой иконографии. Автор отмечает, что первые шаги в этом направлении были сделаны лишь с началом XXI века, несмотря на то, что об иконографическом повороте в исторических исследованиях говорится на протяжении многих десятилетий и упоминается он уже в трудах Якоба Буркхардта, Аби Варбурга и Эрвина Панофского. Тем не менее, публикации последних лет, в которых рассматриваются иллюстрации правового содержания из средневековых юридических и иных кодексов, до сих пор выходят из-под пера искусствоведов, филологов или литературоведов, но отнюдь не историков права. Как следствие, во многих случаях анализ содержания данных изображений подменяется их описательностью. Автор статьи предлагает свой подход к данному материалу и настаивает на необходимости отказа от его изучения лишь в качестве иллюстраций к тексту того или иного письменного источника, к которому он формально прилагается. Один из вариантов изучения средневековых миниатюр и маргиналий видится автору в попытке связать их содержание с современными им религиозными представлениями людей Средневековья, отражение которых находится в сводах канонического права, авторских трактатах, популярной житийной литературе. В статье последовательно рассматривается несколько миниатюр и маргиналий, взятых как из правовых кодексов, так и из хронистики. Их сопоставление с трудами канонистов (Грациана и Бонифация VIII), теологов (Ансельма Кентерберийского и Жана Жерсона), агиографических сочинений (прежде всего марианского цикла) позволяет не только установить более точное время появления некоторых из этих изображений, но и понять, как именно работали художники, чьи заказы они исполняли, какие именно религиозные идеи нашли отражение в их иллюстрациях.

This research discusses the validity of divorce judgments issued by civil courts against Catholic couples from the perspective of Canon Law. Canon Law itself, as the internal legal system of the Catholic Church, does not recognize divorce as a means to end a valid marriage. Marriage is considered sacred and indissoluble. Although civil courts have jurisdiction to issue divorce judgments according to state law, this research examines how such judgments are viewed from the perspective of Canon Law and their impact on the religious status of divorced couples. Through analysis, this research finds that divorce judgments by civil courts do not alter the marital status in the context of the Catholic Church, which still considers the marriage valid and binding. This finding highlights the legal dualism between state law and Canon Law and its practical implications for Catholic individuals facing divorce. This research recommends the need for a deeper understanding and sensitive handling of divorce cases involving Catholic couples to avoid legal and religious conflicts. [ABSTRACT FROM AUTHOR]

What did it mean for poor and middling men and women to take up arms against their government? How did they negotiate competing claims for their participation in civil war and what consequences confronted them? This article analyses the crown's investigation of its opponents following the 1321–22 civil war, comparing its predecessor of the Montfortian civil war (1263–67), to examine how the king, justices and juries tackled these questions. It demonstrates how the crown rooted the summary conviction and execution of Thomas of Lancaster and other noble insurgents in common law procedure; then, at the King's Bench and a special inquiry in the Welsh Marches, re-framed treasonous offences to tackle non-noble insurgents; then, fearing a new uprising, instrumentalised the common law's machinery to gather military intelligence. The crown recognized the agency of subjects across society in civil war and juries were ideally placed to investigate it; they also weighed subjects' culpability, balancing obligation to the king against the mitigating realities of coerced participation in war. Thus, juries and the communities who informed their verdict were invited to engage with the ethical and legal dilemmas of civil war. This article thus presents a people's history of treason. [ABSTRACT FROM AUTHOR]

Wedding rituals and ceremonies have been depicted in various forms of literature, art, and illuminated manuscripts in medieval times. These representations offer valuable insights into the cultural, religious, and social aspects of weddings during that period. This article considers the state of research on visual representations of the wedding ceremony in the Middle Ages and how these pictures reflect legal, religious, and cultural/social aspects of medieval life in Europe. Using examples from various religious, literary, and legal texts, several questions will be addressed: In which contexts were the pictures of wedding ceremonies created? What is depicted and what is not? Which legal, religious, and cultural aspects are reflected in the medieval visualizations of the wedding ritual and how do the visualizations correspond to the religious, legal, and cultural setting of the wedding ritual in the Middle Ages? Illuminated legal manuscripts, particularly the Liber Extra, the Decretals of Pope Gregory IX, reveal much about the rituals that signified the essence of the medieval wedding ceremony: the exchange of consent, the joining of the right hands (dextrarum iunctio), and the blessing of the union by a priest. Since the Fourth Lateran Council in 1215, marriage was considered a sacrament by the Church, making the ritual a fulcrum of religious life. However, only the consummation of a marriage was able to bring the property-related effects of marriage into effect, and some pictures from a secular context refer to this part of the wedding ceremony. The primary function of these visual representations of marriage was the illustration of the text, in both canon law manuscripts and medieval literature. Therefore, they are, besides the textual transmission, valuable sources and crucial interpretive keys for understanding the legal and socio-cultural dimensions that shaped the institution of marriage in medieval Europe. [ABSTRACT FROM AUTHOR]

This article argues that a systematic change was introduced into Icelandic society between 1096 and 1133. The main events concerning this change were the introduction of the tithe in 1096, the Icelandic Church changing allegiance from the archdiocese of Hamburg-Bremen to a newly constituted archbishopric of Lund in 1104, the foundation of a new see at Hólar in 1106, the codification of Icelandic laws in 1118, and finally the establishment of Christian law and the composition of The Book of Icelanders sometime between 1122 and 1133. These changes all took place within a single generation, and they were led by the same individuals. Together, they heralded a cultural revolution that changed the constitution and the status of the Church in society. Among the major components were the advent of literacy and formal education, the institutionalization of the Church, and the territorialization of ecclesiastical authority. These radical changes affected secular institutions and led to a reorganization of society on many levels. Within a few decades, the political culture of Iceland had been transformed. Because Iceland was a country without any executive authority, this transformation, enacted through the willful submission of the leading people to their ecclesiastical leaders, was remarkable. It led to the Europeanization of Icelandic society in cultural matters, and at a later stage, to the introduction of an executive government in the thirteenth century. [ABSTRACT FROM AUTHOR]

Zahari Zograf is one of the most important figures in the Bulgarian Revival fine art. However, he was often criticized for breaching the church icon canon laws, and his art was considered by certain scholars to be poorly made and decadent. This article will present and discuss the connecting links, the environment, and the painter’s era. Precisely, they are of extreme importance for understanding the new creative processes and currents that nourish the nascent Bulgarian Revival in the field of visual arts. We will examine his oil portraits in detail and present drawing parallels from Western authors and their influences. In his iconographic work, we have focused on several icons that show the changes and the reasons they have occurred in the environment and society, as well as how they influence the further development and enrichment of the images. After the presented arguments and analyses, it is appropriate to reject the allegations of decadence against Zahari Zograf, as he is an exponent of the revivalist aspirations of the Bulgarian society, which are aimed at enlightenment and its upward development. All his activity and creativity are subordinate to these new ideas and should not be considered bad and decadent. Zahari Zograf is the bearer of the new philosophical understanding of the world, the progress in it, and the idea of continuous self-improvement, as these main lines will be and are the driving force of the new successful Bulgarian Revival society. [ABSTRACT FROM AUTHOR]

Copyright of Acta Humana - Human Rights Publication is the property of National University of Public Service and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of KUL Journal of Legal Studies / Studia Prawnicze KUL is the property of John Paul II Catholic University of Lubin / Katolicki Uniwersytet Lubelski Jana Pawla II and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Contract law was one of the main subjects discussed in the early modern legal genre of differentiae iuris civilis et canonici ('differences between civil and canon law'). Similar topics were covered in both late medieval and early modern differentiae – hence this genre offers a good opportunity for comparative historical research dedicated to selected topics of contract law (such as those discussed here: the actionability of bare agreements, stipulation for the benefit of a third party, overreaching in contract formation and the lease of a house to a scholar). An examination of the sources proves that the authors of early modern differentiae applied the comparative method in their works. This involved the presentation of sources and rationales from the two bodies of law, the interpretation of sources and arguments in favour of the solutions offered, references to the then-current legal literature and practice and most importantly the preferred method of reconciliation for conflicting laws. [ABSTRACT FROM AUTHOR]

The article "Canon Law in the face of sexual abuse" analyzes the activity in canonical criminal law related to sexual abuses committed by clergy. The importance of protecting the dignity and sexual freedom of all individuals, especially the most vulnerable, is emphasized. Topics such as the classification of crimes, criminal sanctions, and their statute of limitations are discussed. Several professors and experts reflect on the duty to report crimes of sexual abuse against minors in the Spanish penal system, and the question of whether religious freedom should yield to the well-being of children is raised. Other topics addressed include the administrative criminal procedure, the legal and pastoral responsibility of those involved, and restorative justice. Overall, the article seeks to contribute to the crisis that the Church is facing on this issue. [Extracted from the article]

The article by Lukasz Pawicki analyzes the essential elements of the canonical legal act and its importance in canon law. The author proposes to construct a juridical-dogmatic system of the effectiveness of the canonical legal act, based on a distinction between the essential and non-essential elements of the act. The consequences of the lack or defect of these elements in the existence, validity, and effectiveness of the act are explored, as well as the legal effects derived from null or non-existent acts. The subjective and objective prerequisites of the act are mentioned, such as legal capacity, ius ad actum, natural capacity to act, and the legal reality prior to the act. The will, its declaration, and the cause of the act are also analyzed, highlighting the importance of internal will as the only efficient cause. In conclusion, the article offers a detailed analysis of the essential elements of the legal act and their relevance in canon law. [Extracted from the article]

The main documents and legal texts issued by the Pope in 2023 and the various dicasteries of the Roman Curia, as well as international agreements signed by the Holy See, are outlined. Canon law actions within the purview of the Spanish Episcopal Conference are also described. [ABSTRACT FROM AUTHOR]

The article explores the significance of the concept of scandal in sacramental practice. Moral and canonical tradition and systematics presented in the Code of Canon Law offer significant evidence of the concept's influence; however, they must contend with the obfuscation and deflection enabled by a postmodern mentality. Deciphering the constituent elements of scandalum highlights the intrinsic connection between social harm and justice, the objective nature of prejudice, and the performative influence of deviant conduct. In the sacramental sphere, the defense of the conscience and righteousness of agents is imposed by the very sacredness of the action, promoting the full, active and conscious participation of all. On the contrary, the loss of the communal and supportive influence of the liturgy induces a solipsistic protagonism of the faithful and an undue privatization of worship. Continuity and coherence between doctrine, discipline and practice seems to be the surest and most reliable guarantee of the heritage of celebration and pastoral bonum agere. [ABSTRACT FROM AUTHOR]

The article seeks to show to what extent the fundamental rights of the faithful constitute a significant argument for universal juridical culture, that is, an application of universal juridical principles, especially with regard to human rights. To this end, common grounds are identified between the field of the fundamental rights of the faithful and that of human rights: the natural dignity of the person elevated to the supernatural order, the application of a univocal concept of law. The possible reciprocal influences between the two spheres are also explored, highlighting the importance of an objective and ontological vision of law, such as that provided by canon law, for an adequate culture of human rights; and the need to strengthen in the Church the positive impulse that can come from this culture, particularly the achievements of juridical civilization in the procedural and penal spheres. The article concludes by highlighting the essence of right as a juridical good that is implicit in the notion of personal rights, and the distinction between concrete juridical goods and fundamental juridical goods of an abstract nature. [ABSTRACT FROM AUTHOR]

This article compares secular judicial law and canon judicial law on the basis of the distinction (present in both) between an ordinary situation and an emergency situation. This perspective enables an understanding of a "two-speed system" in canon law. Ordinary canonical justice has consistently and effectively asserted and continues to assert the independence of the judiciary, the quality of justice, as well as the efficiency of their processes. There is also canonical justice that is exercised largely by the executive authority; this is a consequence of a weakening of the sense of Church as society, in general, and because of the recent abuse scandals, in particular. Entrusting justice to the executive authority may be understood as a "state of emergency". However, the "justification" for this shift to executive authority requires three conditions, which are also encompassed by secular law: temporariness, proportionality, and suitability. [ABSTRACT FROM AUTHOR]

This article analyzes the mutual influences between canon law and secular law in the so-called secular era. Canon law brings light to secular law as it is a source of multi-secular juridical wisdom and transcendent knowledge. Therefore, this contribution does not respond to the standards of secular legal reasoning, nor is it coercive. It is a purely meta-rational light, which can be recognized and assimilated by legal systems without losing its note of secularity. For its part, secular law brings a refined juridical technique to canon law. Secular law helps canon law to limit the degree of discretion in the application of the law, to give greater significance to comparative law, to improve the communicative aspects of canon law, to implement procedural guarantees, especially the presumption of innocence, and to curb excessive juridicism. [ABSTRACT FROM AUTHOR]

This article focuses on current developments in canon law. Because it concerns many aspects of ecclesial experience and impacts the Codex Iuris Canonici, the frenetic rate of legislative production not infrequently leads to problems of coordination and systematic rationalization, prompting in turn various recent issues that may have significant consequences for legal certainty in the Church. In light of this complex situation, we retrace some considerations by authoritative scholars from two decades before the Second World War, who compared legal certainty in the secular legal systems of their time with the absolutely specific - and irreducible to the latter - legal certainty proper to the ecclesial legal system. The purpose is to ask whether such reflections, though strictly linked to the historical context in which they were formulated, may also serve as a source of inspiration in relation to the impasse in which canon law currently finds itself. [ABSTRACT FROM AUTHOR]

The text presents the presentation of the XVI International Symposium of the Martín de Azpilcueta Institute, which focuses on "Universal Legal Principles and Canon Law". The author highlights the importance of appealing to these principles in a moment of institutional crisis in the world, where the capacity of the legal system to guarantee freedoms is questioned and the separation of powers is eroded. The tendency to abuse decree laws in Spain and the lack of clarity in legislation are also mentioned. In addition, the importance of legal criticism in the ecclesiastical field is pointed out, and the need to improve the legal system in service of the common good and the salvation of souls is emphasized. [Extracted from the article]

This paper analyzes the juridical issues concerning the material reparation of churches and sacred objects after the Iconoclastic Fury in 1566–1567, based on the works of Petrus Peckius (1529–1589). The Fury left an unprecedented path of destruction in many towns of the Low Countries. It presented society not only with political and religious challenges but also with a myriad of legal ones. As a Leuven law professor in this time of chaos, Peckius published the treatise "De sacrosanctis et catholicis Christi ecclesiis reparandis ac reficiendis" (1573). Peckius' take on the theme reveals an intricate analysis of the varied circumstances of destruction, the means of funding the repairs, and the liability of different actors – from the perpetrators of the destruction themselves to the prelate, the parishioners, and even town magistrates. After an initial overview of the Iconoclastic Fury and a brief biographical note on Peckius and his works, this paper will present Peckius' ideas in a 'timeline' of three phases: going, respectively, from the assessment of damages and planning the extent of restoration; to considerations on liability; and, finally, to the juridical means of enforcement. Along with each phase, we provide critical reflections on Peckius' influences and positions in the context of the Iconoclastic Fury. [ABSTRACT FROM AUTHOR]

The article is dedicated to the encounters between medieval canon law and modernity in the 19th century. It analyzes the influence of medieval law, especially of matrimonial law, the instrumentalization of the Investiture Controversy in the political debate, and the influence of these debates on the study of medieval canon law. [ABSTRACT FROM AUTHOR]

The question if it is possible to speak of "Geltungsformen des Rechts" for the period between ca. 1050 and ca. 1150, will usually be answered with 'no', since it was not clear what was generally enforced. The intensive research of the last decades has shown that there was little canonistic activity coordinated from Rome. Instead, both compilers and users of canon law collections pursued their own interests and needs arising from pastoral care. That resulted in various forms of reception and transmission of the normative texts. What was constant throughout the period was the fact that the authority as such of canon law was taken for granted, even if individual texts were at times ignored. This consensus found its expression in the idea that the Holy Spirit was the ultimate author of the sacred canons. The present paper deals with the role of this idea by analyzing four letters of Petrus Damiani and their influence on later thinkers up to ca. 1150. [ABSTRACT FROM AUTHOR]

The essay examines late medieval discussions concerning 'Kaiserrecht' (Imperial Law, Emperor's Law) in northern and eastern Germany. A closer look at the municipal law of Lüneburg (1401) with its different layers of customs, book of statutes, 'Kaiserrecht' and Canon law shows clearly the problem. Notwithstanding the close similarity to the learned concept of the theory of the statutes, the Lüneburg source did in fact not follow the erudited hierarchy of particular law and civil law. The city possessed some manuscripts of the so called 'Schwabenspiegel' (Swabian Mirror) and the 'Kleines Kaiserrecht' (Emperor's Little Law) which were both, contemporarily, denominated as 'Kaiserrecht'. Broadening the perspective from this example to other northern and eastern cities, it is possible to find more than 80 examples of Law Books ('Rechtsbücher') which were all called Emperor's Law. The influence of the Swabian Mirror – firstly recorded in Regensburg or Augsburg – spread from the south wide into the north and the east. The often treated question if there existed some common German customs in medieval time is perhaps not that silly, as shows modern research, while older scholars' approaches – like Heinrich Christian von Senckenberg's (18th century) – may have been promising. On the other hand the reception of the learned law should perhaps sometimes be dated later. Although the duty to apply the Emperor's Law in procedural edicts and statutes was enacted in the 15th century, decisions still followed Roman law as well as, sometimes, the German Law Books from the 13th or the 14th centuries. [ABSTRACT FROM AUTHOR]

Canon 103, § 2 of the 1917 Pio-Benedictine Code of Canon Law stated that juridical acts placed out of dolus were valid, if the law did not state otherwise. However, there were four instances when the law did state otherwise, namely; in case of canonical election, if the voter was subject to dolus in order to vote for a certain person, the vote was invalid (canon 169, § 1); in the case of resignation, the law stated that the resignation was invalid if it was made out of dolus (185); in the case of novitiate, the law stated that the novitiate was invalid if the person who entered into religious life would have been induced by dolus to do that, or if the Religious Superior would have been induced by dolus to receive a candidate into religious life (542, l°); and in the case of religious profession, the law stated that the religious profession had to be given without dolus (572, § 1, 4°) in order to be valid. Yet, the canonical commentators pointed out that there were some requirements in each case for dolus to invalidate the juridical act. Thus, in the case of canonical election it must be proved that the voter voted being deceived by either substantial dolus or antecedent dolus. Merely concomitant dolus had no effect on voting. In the case of a resignation from an office again it must be proved that either substantial or antecedent dolus was involved. The same thing was true in the case of the admission to the novitiate and in the case of religious profession, i.e. either substantial or antecedent dolus must be involved. [ABSTRACT FROM AUTHOR]

The article is a book review of "Text and Textuality in Early Medieval Iberia: The Written and the World, 711–1031" by Graham Barrett. The book analyzes the corpus of 4,095 charters from non-Catalan Iberia dating between 711 and 1031, which have been scattered among various editions. The author provides a systematic analysis of this corpus, examining aspects such as palaeography, diplomatics, region, personnel, typology, and complexity. The book also explores topics like scribes, regnal dating, citation of other charters, and mentions of books. The review praises the author's meticulous work and highlights the valuable insights provided by the book. [Extracted from the article]

In countries in Europe and America with a predominance of Christians in the population, there is a higher level of organ donation. Although the issue of post mortem donation is not mentioned in the Holy Scriptures, the idea of selfless sacrifice is entirely in keeping with the Christian spirit. The Roman Catholic Church was the first to recognize organ donation and transplantation as morally acceptable and indicated that it encourages organ donation.The purpose of the work was to analyze the views set forth in the official documents of the Roman Catholic Church on the issues of ethics in organ donation and transplantation.Materials and methods. The provisions of the Catechism of the Catholic Church, the Epistles of the Popes of Rome, the Code of Canon Law and other ethical documents on the acceptability of the technology of organ transplantation and postmortem donation, the principle of the presumption of consent, the legitimacy of the declaration of brain death, the condemnation of organ trafficking, the inadmissibility of discrimination in the allocation of organs, the admissibility of transplantation from living donors, donation from infants with anencephaly, xenotransplantation are analyzed.Conclusion. The presented work testifies to the fact that the Catholic position on organ donation and transplantation is well and deeply developed, based on respect for the dignity of a person and his right to choose, the encouragement of the voluntary act of donating one's organs as a gift extending beyond the border of life and death.

Copyright of Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu is the property of Sveuciliste u Zagrebu, Pravni Fakultet and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article addresses the legal issues related to the sermon which is preached during the liturgy that is celebrated after the Second Vatican Council according to the 1962 books of the Roman Rite. The rubrics of these books did not include the sermon as an integral part of the liturgy, and therefore its delivery was often catechistic and non-homiletic in nature. Therefore, a research problem emerges regarding the necessity to take into account the current disciplinary norms concerning the homily, which is nowadays treated as a sacramental act of worship. The analyses lead to the conclusion that the sermon in the liturgy according to the pre-conciliar books remains an unintegral part of the celebration. However, the connection between the preached word and the celebrated liturgy should now be taken into account. When preaching a sermon within the liturgy in question, the disciplinary norms of the current Code of Canon Law should be observed. However, the integrity (shape) of the rites contained in the 1962 books should also be preserved. [ABSTRACT FROM AUTHOR]

Copyright of KUL Journal of Legal Studies / Studia Prawnicze KUL is the property of John Paul II Catholic University of Lubin / Katolicki Uniwersytet Lubelski Jana Pawla II and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of KUL Journal of Legal Studies / Studia Prawnicze KUL is the property of John Paul II Catholic University of Lubin / Katolicki Uniwersytet Lubelski Jana Pawla II and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of KUL Journal of Legal Studies / Studia Prawnicze KUL is the property of John Paul II Catholic University of Lubin / Katolicki Uniwersytet Lubelski Jana Pawla II and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article focuses on natural law and positive law in legal interpretation. Topics discussed include background on natural law and how it functioned in early American jurisprudence, general role of interpretive canons and why Natural Law Avoidance qualifies as a canon, the relevance of Natural Law Avoidance in the modern era.