Search

This article seeks to elucidate the way in which the status of locum tenens functions in the tradition of the Eastern Orthodox Church and its canon law. The article provides a brief overview of the relationship between the bishop and the local Church since the Apostolic fathers, to argue that the perception of the phenomenon of the mosakdre (Eng. co-regent) in the Orthodox Church of Georgia (since 1917 until today) is not in accordance with the holy canons and tradition. Whilst recognizing the immense impact of Russian influence, this article examines the questions and problems which dominate the Orthodox Church of Georgia and connects them with the tradition of electing bishops. Attempting to move beyond dated documents and existing practices in Georgia, this article seeks to make room for other documents and practices concerning the governance of the local Orthodox Church. According to this article, it is not canonical for the patriarch to elect or elevate a bishop without others and when in the same city there are two governing bishops (in this case the patriarch and his co-regent). In accordance with canon law, Church history and the tradition of electing bishops, the paper concludes that the manner of the election of Metropolitan Shio (Mujiri) as the "Mosakdre" (Eng. co-regent), his status, and authority do not conform to the holy canons and must be changed. [ABSTRACT FROM AUTHOR]

The Timurid Dynasty was a Turkish dynasty founded by Emir Timur in 1370, whose branch in India was destroyed by the British in 1858. This dynasty founded and ruled the Timurid Empire (1370-1507), which dominated Iran and Central Asia between the 14th and 16th centuries, and the Mughal Empire (1526-1857), also known as the Moghuls of India, which existed in India between the 16th and 19th centuries. Muhyiddin Evrengzîb ʻĀlemgîr I Khan, a member of the Timurid dynasty, also ruled in the Indian region as the sixth ruler of the Mughal State from 1658 to 1707. During the reign of Evrengzīb Khan, three important codes/laws were issued by the Mughal State. The first of these codes is the Fetāwā-yı Hindiyya (Fetāwā-yı ʻĀlemgīriyya or Fetāwā-yı Cihāngiriyya), which was compiled entirely from fiqh books and codified sharī'ah rulings. The second is the code of laws on the organization of the state promulgated by Khan Aurangzib, which was translated into English by Hamidud-din Khan Bahadur under the title Anecdotes of Aurangzib. The third is Āyîn-i Ekberî or Ahkâm-ı ʻĀlemgîrî, which is similar to the first chapter of the Ottoman Umumî Kanunnâmeleri, and which codifies the part of customary law that deals specifically with ta'zîr punishments. It was drafted in 1672. Evrengzīb's Kanunnāma is as important as Sulṭān Su-leyman's Kanunnāma. Evrengzīb I promulgated the Taʿzirāt on administrative matters in the Ottoman Empire, such as taʿzīr offenses and kanunnāma. This Taʿzirāt was translated into Persian in 1813 by Moḥammad Najmuddīn Ḫan along with al-Fatāwa al-ʿAlamgīriyya. The issuance of three important kanunnāmās during the reign of ʿAwrengzīb ʿĀlemgīr (1658-1707) shows how advanced the work on the codification of Islamic law in India had reached. At the same time, this situation reveals that many fiqh scholars were trained in Indian madrasas and that the sources they utilized are available in libraries. This study deals with the analysis of the aforementioned Ta'zîrât-ı ʻĀlemgîrî in terms of Islamic law and its translation into Turkish. Although the existence of this canon has been mentioned in various studies, it has not yet been published and analyzed in recent studies. The evaluation of this code and its Turkish translation is important in terms of showing how ta'zîr crimes were officially applied in the Islamic State. [ABSTRACT FROM AUTHOR]

The article "Canon Law (On each of the crimes and penalties established for these)" is an academic commentary on the second part of Book VI of the CIC, focused on the crimes and penalties contemplated in the current canonical penal discipline. The structure of the book is highlighted, which begins with crimes against the faith and unity of the Church, and continues with crimes against ecclesiastical authorities, sacraments, and other aspects related to ecclesial life. The article offers a detailed and systematic view of canonical crimes, presenting an overview of the modified canonical regulations to address the current challenges of ecclesial life. [Extracted from the article]

The article "The breath on earth. Studies on ecclesiastical law and lay charismatic aggregations" highlights the work of Professor Luis Navarro on Movements, New Communities, and charismatic lay aggregations. The book compiles 12 works that address challenges posed by these movements to canon law, focusing on issues such as legal configuration, the participation of clergy, and consecrated life. Navarro emphasizes the importance of theological reflection and the service of the canonist to these ecclesial realities. His realistic and open approach highlights his teaching work and his contribution to the study of these topics. [Extracted from the article]

The article "After the CIASE report... the reform of canon law" addresses the final report of the Independent Commission on Sexual Abuse in the Church of France (CIASE), which revealed alarming figures of sexual abuse committed by members of the clergy between 1950 and 2020. The commission's recommendations to prevent future abuses and improve canon law are highlighted. Experts such as Bruno Gonçalves and Mons. Juan Ignacio Arrieta analyze the implications of this report on the reform of canon law, proposing significant changes in the Church. [Extracted from the article]

The article "Liturgical abuses: nature, history, and remedies" analyzes liturgical abuses from a historical perspective and proposes solutions. The author, Massimo del Pozzo, is an expert in canon law and has published several works on the topic. The importance of addressing liturgical abuses from a formative and motivational perspective, rather than a disciplinary one, is highlighted. The monograph seeks to contribute to the knowledge and reflection on religious freedom from a particular perspective. [Extracted from the article]

The article examines the legal dimension of human dignity as presented in the Declaration Dignitas Infinita: human dignity is unique and is equated with fundamental rights (whether in its divine-natural aspects alone or in its divine-positive aspects as well). The dignity of the faithful is not parallel to human dignity; it is that very same human dignity, elevated and fulfilled. Consequently, the divine-natural aspects are inseparably linked to the divine-positive aspects: salvific legal goods cannot be conceived separately from natural law. The study of Dignitas Infinita from a legal perspective goes beyond the conception of canon law as analogous or as an instrument of authority, given the unity and centrality of the legal dimension of integral human dignity in both the civil and canonical realms, and calls for the analysis of canonical specifics, not so much from what is different, but from what is whole. [ABSTRACT FROM AUTHOR]

The main aim of this article is to explore the main elements of financial management in the Catholic Church from an economic perspective. To this end, a review of regulations regarding corporate social responsibility and good governance is presented. Furthermore, some legislative improvements are proposed, to enhance moves towards a more transparent economic system, which is more socially responsible and guarantees the proper administration of assets to achieve its own purposes and to contribute to the common good. Finally, some recent innovations in this area in Spain are outlined. The ideas discussed in this article stem from the author's experience as Vice-Secretary for Economic Affairs of the Spanish Episcopal Conference since 2005, as well as from his research work during this time; views are expressed in a personal capacity and are not intended to be comprehensive; rather, the goal is to prompt ongoing reflection on canon law thinking relating to assets and their management. [ABSTRACT FROM AUTHOR]

The legal judge is an institution whose origin dates back to a 12th century Decree. This paper analyzes the guarantees of this fundamental right in international, European and Spanish law, and compares them with those in current canon law. The legal rationale outlined in international texts on human rights, and how European and American jurisprudence have addressed this in real terms, are explored in this analysis. The jurisprudence of the Spanish Constitutional Court and Supreme Court has declared that the judge determined by law has maximum authority. However, if a member of this body is replaced, the parties must be able to lodge an appeal against the appointment of a substitute. Otherwise, the legality of the judge would not be guaranteed. Current canon law does not recognize the right to a legal judge in a manner comparable to international or Spanish law. Proposals de lege ferenda are also noted. [ABSTRACT FROM AUTHOR]

In accordance with their constitutional prerogatives, members of the Church engage in activities that align with their designated roles and responsibilities. A review of both the history of the Church and the documents in force reveals that the Church, in its broadest sense, is concerned with the promotion of peace. Such areas are, by definition, those which fall within the purview of laypeople. The Second Vatican Council accorded particular attention to the promotion of social justice and peace, as well as to the apostolate of lay faithful. Consequently, the two areas were brought into contact and underwent further development. This paper presents the historical trajectory that has culminated in the most comprehensive positioning of the laity in the promotion of social justice, elucidating the legal distinctions pertaining to the most prevalent methods through which they can promote peace. [ABSTRACT FROM AUTHOR]

This paper attempts to describe the meaning and role of the adversarial system principle in the canon law against the background of the Polish law. The eponymous issue of the adversarial system was analysed using a comparative legal method, which makes it possible to identify similarities and differences found in the two legal orders, as well as to determine the priorities and principles that guide the Polish and ecclesiastical legislators at the stage of creating and applying the law. The restoration of the principle of the adversarial system in the system of the canon law is expected to lead to an assessment of the level of procedural warranties of the parties, and further provide a stimulus for a detailed study of eponymous issues.

This article explores the often—overlooked contributions of women to pastoral care and preaching in premodern Europe, focusing on the period from the early Middle Ages to the twelfth century. The investigation challenges dominant definitions of preaching, as articulated by figures like Alan of Lille (d. 1202), which have influenced contemporary scholarship's emphasis on public, pulpit—based sermons by men. Drawing on diverse sources — including saints' lives, canon law, theological treatises, and chronicles — this research highlights how female monastic leaders engaged in pastoral activities that closely paralleled episcopal preaching. These women often exhorted and provided spiritual guidance within their communities. [ABSTRACT FROM AUTHOR]

The article "Female Preaching in Premodern Europe: An International Workshop" discusses the role of women preachers in medieval Europe. The workshop participants challenged the assumption that women did not play an active role in pastoral care or preaching, highlighting the restrictive definitions of preaching that have marginalized female contributions. The workshop explored the varied vocabulary used to describe female preaching, emphasizing the need to broaden perspectives on medieval preaching to include female voices. The discussions also focused on the importance of considering sources beyond canon law, such as hagiographies, to recognize women's influence as preachers and moral exemplars. [Extracted from the article]

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]

The article presents the bibliography of the academic staff of the Institute of Canon Law at the Faculty of Law, Canon Law, and Administration of the John Paul II Catholic University of Lublin for the year 2020. It includes a variety of publications, including books, articles, encyclopedia entries, and reviews, related to topics concerning canon law and the activities of the Church. Among the authors are Leszek Adamowicz, Krzysztof Burczak, and Mirosław Sitarz, who address issues such as the legal status of minors, ecocide, and the relationship between the Church and the state. The document serves as a valuable source of information for researchers engaged in canon law and its practical application. [Extracted from the article]

The article focuses on the bibliography of the academic staff of the Institute of Law at the Faculty of Law, Canon Law, and Administration of the John Paul II Catholic University of Lublin for the year 2020. It includes a detailed list of publications that encompass various forms, such as book studies, articles, encyclopedia entries, commentaries, reviews, and reports. This bibliography documents the scientific contributions of the staff to the development of law and administration, as well as their involvement in research on various aspects of law, including canon law and civil law. [Extracted from the article]

The article presents a calendar of significant scientific events involving the staff of the Faculty of Law, Canon Law, and Administration of the John Paul II Catholic University of Lublin during the period from January to March 2024. Among the events are public defenses of doctoral dissertations and presentations delivered at national and international scientific conferences, covering topics such as the right to know the image of a crime perpetrator, cybercrime, personal data protection, and human rights. Participants in the conferences include Dr. hab. Wojciech Lis, Dr. Robert Tabaszewski, and Prof. Dr. hab. Joanna Misztal-Konecka, who presented their research and analyses in various fields of law. [Extracted from the article]

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]

An ambiguity lays at the heart of late antique religious literature, and in particular trans saints' lives: the celebration of what is ordinarily prohibited in both canon law and imperial legislation. These popular late-antique narratives include the anonymous Life and Passion of Susanna, which depicts a literary character of a trans monk, virgin, and martyr in the mid-fourth-century Palestinian setting. Such texts and images mediate social identities, albeit their treatment is constrained due to the ramifications of the literary genre and iconographic traditions. Examining this rarely discussed vita, which has not yet been translated in full into any modern language, and the concomitant hagiographic iconography, this article investigates late antique social and religious identities at the intersection of ethnicity, gender, and sexuality. It begins with critical historiography of scholarly accounts of the late antique "trans saint" that drew on methodological paradigms of psychoanalysis, structuralism, and poststructuralism, often interpreting these saintly figures as transhistorical and literary constructions. The article argues for an intersectional-materialist transfeminist analysis of these texts as a heuristic approach to the historical record attentive to material life after the end of the linguistic turn in the humanities. [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]

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]

Copyright of Studia Iuridica Lublinensia is the property of Maria Curie-Sklodowska University in Lublin 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.)

Statutes of the Synod of Zamość of 1720: Selected Issues of Legislative Writing Conventions This article discusses the documentation that culminated the Synod of Zamość, which was held between August and September of 1720. The Synod is considered a significant event in the history of the Greek Catholic Church, as well as in the histories of Poland, Ukraine and Belarus. The focus of this description is on nineteen synodal statutes, which, although already examined from historical, legal and liturgical perspectives, have yet to receive thorough linguistic analysis. Applying pragmatic, syntactic and semantic principles, the author examines selected issues related to the implementation of legislative writing conventions in these texts. The conventions in question are derived from philological studies of medieval monuments of official language. Specifically, the article characterises the diverse and numerous verbs in performative function found in Statuty Synodu Zamojskiego 1720 roku [Statutes of the Synod of Zamość of 1720]. The analysis also covers highly frequent causal sentence structures that convey content justifying legislative directives. Statuty Synodu Zamojskiego 1720 roku – wybrane zagadnienia prawodawczej konwencji piśmienniczej W artykule omówiono dokumentację wieńczącą obradujący na przełomie sierpnia i września 1720 roku Synod Zamojski, który uchodzi za istotne wydarzenie w dziejach Kościoła greckokatolickiego, a także w historii Polski, Ukrainy i Białorusi. Przedmiot opisu stanowi dziewiętnaście statutów synodalnych, które, zbadane pod kątem historycznym, prawnym i liturgicznym – jak dotąd – nie doczekały się dokładnych analiz językoznawczych. Autorka, sięgając do założeń pragmatycznych i składniowo-semantycznych, rozważa w podanych tekstach wybrane zagadnienia związane z realizacją w nich prawodawczej konwencji piśmienniczej, która stanowi rezultat badań filologicznych nad średniowiecznymi zabytkami języka urzędowego. Dokładniej charakteryzuje zróżnicowane formalnie i licznie reprezentowane w Statutach Synodu Zamojskiego 1720 roku czasowniki w funkcji performatywnej. Analizuje również odznaczające wysoką frekwencją struktury zdaniowe o charakterze przyczynowym, które niosą treści uzasadniające prawodawczą dyrektywę.

Storytelling as Law: Balkan Legal Culture in the 14th to 18th Centuries The study argues that the Byzantine – and, correspondingly, the Slavonic – legal system should be considered as a unit of legal texts: narrative and legal, translated and original. From the viewpoint of legal history, legal anthropology and legal theory, the study focuses on two canon law collections of which numerous Bulgarian, Serbian, Moldavian, Wallachian, East Slavic and Ruthenian copies emerged in a vast time frame from the 14th to the 19th century: the Pseudozonar Nomocanon (the most probable Byzantine prototype of which was the so called Nomocanon Cotelerii) and Nomokanon pri Velikiya Trebnik (Nomocanon to the Great Euchologion). Opowiadanie jako prawo. Bałkańska kultura prawna od XIV do XVIII wieku W artykule zostało pokazane, że bizantyjski – i odpowiednio słowiański – system prawny powinien być traktowany jako zespół tekstów prawnych: narracyjnych i prawnych, przetłumaczonych i oryginalnych. Sytuując się w perspektywie historii prawa, antropologii prawa i teorii prawa, autorka koncentruje się na dwóch zbiorach prawa kanonicznego, które funkcjonowały w wielu bułgarskich, serbskich, mołdawskich, wołoskich, wschodniosłowiańskich i ruskich kopiach w okresie od XIV do XIX wieku: Nomokanon Pseudo-Zonarasa (którego najbardziej prawdopodobnym prototypem bizantyjskim był tzw. Nomocanon Cotelerii) i Nomokanon pri Velikiya Trebnik.

From the second half of the 12th century, the Catholic Church – in order to rule the whole of Europe – is producing an impressive bulk of legal norms, more numerous and refined than never before. This building, complex and articulated, was rendered necessary to combat the Empire, which was presenting itself as the legitimate heir of Rome and of the Roman juridical tradition. The absorption in the Corpus Iuris Canonici of institutions, concepts and terminology taken from the Roman past and renewed in Bologna was only the first step of a discussion that later would come to involve the role of law itself within the spiritual body of the Church. Whereas, in the first decades of the 14th century, the debate about the poverty of Christ and the Apostles, which opposed Popes and the rigorist wing of the Franciscan order, regarded the prevalence of the jus poli on positive law, to lawyers like Giovanni da Legnano and Antonio da Budrio the real problem was to make clear the role and scope of the ius commune from the perspective of eternal salvation and of a well-ordered social life.

The early modern differentiae iuris civilis et canonici constituted part of a genre that was emblematic of the “new ius commune”, the early modern learned law which discussed the scope and relevance of late medieval ius commune for the then-current legal system. The authors of differentiae have not articulated a coherent meaning of the term “ius commune”, and have only occasionally applied it with a slightly novel approach in their reasoning aimed at reconciling the discrepancies between the two bodies of law. Nevertheless, the early modern differentiae may be perceived as a legal genre that had the internal coherence of ius commune as one of its objectives.

The article reviews the work "Regino von Prüm. Sendhandbuch/ Regino Prumiensis. Libri duo de synodalibus causis" edited and translated by Wilfried Hartmann. The collection by Regino of Prüm provides insights into medieval canon law, funeral customs, oaths, penance, and synods. The text focuses on the duties of bishops during visitations, offering regulations, penances, and instructions for clergy and laity. Hartmann's edition sheds light on Regino's editorial interventions and the dramatic nature of his writing, making the work a valuable resource for scholarly research. [Extracted from the article]

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.

Summary: This article serves as a prolegomenon to further studies on the political and legal thought of Jean de Chokier (1571–1656). Trained in Roman law and canon law at the University of Orléans, he became one of the most prominent canon lawyers, political thinkers and humanist scholar of the Principality of Liège, an Imperial State situated in the Western part of the Holy Roman Empire. Author of major works in canon law, history and political science, he became vicar general of the Diocese of Liège under Prince-Bishops Ferdinand and Maximilian-Henri of Bavaria, successively. He belonged to the Neo-Stoic network around Justus Lipsius (1547–1606), the humanist jurist from Overijse. Inspired by this intellectual movement, Chokier published legal, political, historical and literary treatises next to performing his duties as an ecclesiastical administrator. His life and writings reflect the osmosis between humanist erudition, political commitment and legal knowledge that characterized the careers of many of the great jurists of the sixteenth and seventeenth centuries. Considering that Chokier was foremostly trained as a canon lawyer and also professionally active in this domain, this article invites readers to take a fresh look at Chokier's political and juridical oeuvre from a canon law perspective. [ABSTRACT FROM AUTHOR]

The Code of Canon Law lists six sources of proofs in contentious trials (cc. 1526–1586): the declaration of the parties, documents, witnesses and testimonies, experts, judicial examination and inspection, and presumptions. But there are also four other sources of proof contained in the law: indicia, adminicula , circumstances of persons and things, and the knowledge and conscience of the judge. This article examines the above-mentioned sources of proof and indicate how the judge might be assisted by the four latter sources. Indicia look forward and assist the judge in areas which need further exploration. Adminicula look at what has already been presented in order to confirm certain points of the case. The circumstances of things and persons allows the judge to take a more wholistic view of the matter. The knowledge and conscience of the judge ensures that a decision will have moral integrity, be fair, impartial, and just. The article concludes with a description of the dialog that must take place between the judge and the various proofs that are presented, particularly with regard to issues related to memory, to the examination of documents, and to the evaluation of expert testimony. [ABSTRACT FROM AUTHOR]

This article examines the growing trend of dioceses within the United States filing for bankruptcy, and the interplay between federal bankruptcy law and canon law. From its early roots, bankruptcy law has evolved from punitive systems that benefitted creditors and punished debtors, to modern laws that aim to balance debtor relief with creditor rights. For Catholic dioceses in bankruptcy, an overarching question regards the legal status of parish assets and the relationship between dioceses and their parishes as juridic persons under canon law. These questions address what assets are available to settle claims against the diocese in the bankruptcy proceeding. While dioceses and parishes are distinct legal entities under canon law, this distinction is often misunderstood by civil lawyers, leading to disputes about the inclusion of parish assets in diocesan bankruptcy estates. An option exists, however, for parishes and other entities such as Catholic schools, social service agencies, and the like, to participate as non-debtors in the diocesan bankruptcy. A recent decision of the United States Supreme Court clarified that this must be done with the consent of the creditors, however. Existing canonical norms on the administration of temporal goods are far-ranging in their assistance to dioceses and parishes in remote or proximate preparation for potential bankruptcy. Attention to these provisions mitigates the legal and financial challenges faced by dioceses and parishes in bankruptcy proceedings. [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]

Since we live in the times when the validity of laws is often challenged, either because of the restrictions which the laws impose on individuals or because they stand in the way of political or other desirable general objectives, the impact of natural (canon) law on positive law needs to be examined, all the more so because marriage is the foundation of the family and the family is the basis of every national and state life and affects the social and public character. In the wake of the adoption of the Civil Code, which will legally transform the identity of Serbian legislature, it is important to review the way in which certain legal solutions were made. The impact of canon law on marriage regulations in Medieval Serbia can be traced back to Saint Sava’s (Nemanic) Nomocanon (Book of Kormchy), with a special reference to the legislature of Emperor Stefan Dusan Nemanic. This paper will therefore point to the legal and historical basis for such a review of regulations in the future Civil Code of the Republic of Serbia. [ABSTRACT FROM AUTHOR]

Many studies have attempted to explore the foreign sources of the Hungarian Golden Bull, but the relationship between the Hungarian Golden Bull and canon law has been little studied. The present research attempts to review the influence of canon law on the Hungarian Golden Bull, with particular reference to the Decretum, the papal decretals, and the works of the decretalists. In studying the question of the influence of canon law on the Hungarian Golden Bull, we show that, in addition to the Decretum Gratiani and the papal decretals, among others, probably the Apparatus on the Compilatio tertia of Johannes Teutonicus and the Brocardica of Damasus Hungarus had a significant influence on the drafters of the Hungarian Golden Bull. [ABSTRACT FROM AUTHOR]

Copyright of Annali di Storia delle Università Italiane is the property of CISUI: Centro Interuniversitario per la Storia delle Universita Italiane 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 purpose of the present article is to define the legal position of the occupation of an organist in the Catholic Church in the context of the interwar labor law of the Second Polish Republic and canon law. It presents the characteristics of the profession as well as the rights and duties of an organist under the common and particular law of the Catholic Church. The special position of organists, whose work was subject to two autonomous legal orders, prompts one to reflect on the relationship of an organist, as a church worker, to state law. Research indicates that the occupation of an organist was classified as that of a white-collar worker in accordance with the legal regulations of the period. The article depicts attempts to legally regulate the occupation of an organist as well as the difficulties connected with accurately defining the employing entity of an organist. These issues were particularly relevant in the context of insurance for people performing this profession. [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 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.)

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]