Teologické aspekty novel Kodexu kanonického práva z roku 1983

Author(s): Stanislav Přibyl / Language(s): Czech Issue: 92/2023

This article looks at the amendments of the current Code of Canon Law in terms of their theological justification. It establishes that most of the theological focus is to be found in the first two amendments, over which Josef Ratzinger had considerable influence, in the first instance while still a cardinal in the case of John Paul II’s amendment Ad tuendam fidem, then as pope for the amendment Omnium in mentem. In this amendment, the German-born pope also dealt with the question of formal apostasy from the Catholic Church, a topical issue in his native country. There is also no lack of theological justification in the amendments made by Pope Francis, particularly on matrimonial procedure, issued in the form of two motu proprio, and in the comprehensive amendment to criminal law Pascite gregem Dei, promulgated in the form of an apostolic constitution. The latter specifies the criminal sanction for many offences, including the offence of denying definitively proclaimed Church doctrine, which was first introduced by the amendment Ad tuendam fidem.

Pořádkové tresty v nové legislativě latinské katolické církve sui iuris

Author(s): Damián Němec / Language(s): Czech Issue: 92/2023

This article presents one sub-area of the penal law of the Latin Catholic Church, amended in 2021 in a radical way: by replacing the entire existing Book 6 of the 1983 Code of Canon Law with a new text in 2021. Significant changes have been made, especially in the area of expiatory penalties. The first chapter gives a brief description of the four legislative texts regarding expiatory penalties since the beginning of the 20th century: the 1917 Code of Canon Law, the original 1983 version of the Code of Canon Law, the comprehensive draft of the amended 6th Book of the Code sent for comments in 2011, and the final amended text promulgated in 2021. The second chapter uses the method of comparison to show the legislative development of the individual expiatory penalties currently in force. The third and fourth chapters present the penalties that were not taken over from the earlier normative regulations into the amendment of 2021: due to the vastness of the matter in the third chapter, the penalties not taken over from the 1917 Code of Canon Law, and in the fourth chapter the penalties not taken over from the original text of the 1983 Code of Canon Law and the 2011 comprehensive draft. The author also provides the theological context of some of the new legal regulations.

Místo sňatku v případě svatby katolíka a nepokřtěné osoby v latinské církvi – návrh kritérií

Author(s): Martina Vintrová / Language(s): Czech Issue: 92/2023

The first Christians celebrated marriage according to the laws and customs of the nation that they belonged to, only without the elements that may have been part of a pagan cult. They soon began to think about marriage in a theological way as well and began to add liturgical elements to the celebration of marriage. Gradually, norms emerged that prescribed Catholic Christians to marry in church. Entering into a marriage outside the sacred space was considered a rather undesirable exception. Today, however, more and more Catholic Christians wish, for various reasons, to celebrate marriage outside the sacred space. The article deals with this issue and attempts to outline the criteria for the appropriateness of such a chose.

Požehnání v biblické a prakticko-teologické perspektivě: Příspěvek k diskuzi o žehnání párů stejného pohlaví

Author(s): Tabita Landová / Language(s): Czech Issue: 1/2024

The study examines the concept and practice of blessing in contemporary Christian churches and reflects on the possibilities of blessing same-sex couples. It emphasises the need to distinguish the blessing of a same-sex couple from the legal act of entering into a civil partnership. The purpose of the blessing is not to affirm or sanctify a particular life form but to bring a couple committed to an enduring relationship of love, respect and fidelity before God, promising his favour, grace and gifts. The study consists of three parts. First, it introduces the concept of blessing in the Old and New Testament. The second part discusses blessing from a contemporary practical theological perspective. It presents blessing as a gift and a task of the church community and as a key motif of casual services. It points to the specific linguistic form of blessing as opposed to prayer, wish and proclamation, presents blessing as an act of communication and reflects on the question of its content and effects. The third part deals with the question of who or what can be blessed and whether it is theologically legitimate to bless same-sex couples. It reflects on the possibility of blessing in the pastoral practice of the Roman Catholic Church, anchored in the declaration Fiducia supplicans, and in the liturgical practice of the Evangelical Church of Czech Brethren. It concludes with a summary of the findings.

Obřad křtu podle Agendy české z r. 1581

Author(s): Michal Chalupski / Language(s): Czech Issue: 1/2024

Agenda česká [Czech Agenda] is a still under-researched source of the reformed liturgy in the Bohemian lands. It represents a liturgy influenced by Lutheran theology. This article argues that the form of the baptismal ceremony is based on the Wittenberg church order, published in 1539, and shows how the editors used their German source: Their approach was to some extent creative. There appear various changes compared to the original: Some parts take a different position; the exorcism is only optional and there is no mention of the handing over of the baptismal robes. The baptism itself is performed by a threefold pouring, not by immersion. The Agenda česká follows Martin Luther’s example in simplifying the baptismal liturgy and in this respect goes beyond its source. However, this trend was not common in the whole Bohemian and Moravian milieu, influenced by the German reformation. Thus, the Agenda česká represents only one of several streams.

PAULINE CHRISTOLOGY IN THE EPISTLES TO THE ROMANS AND JEWS

Author(s): Mihai Cîrțan / Language(s): English Issue: 38/2024

The Epistles of the Holy Apostle Paul represent a treasure in which the Christological doctrine is expressed in the most chosen terms. Among these epistles, the epistle to the Romans and Hebrews stands out, these being the ones that present the deification of human nature in the person of Christ the Savior through the sacrifice and resurrection of the incarnate Son of God "in the fullness of time" (Galatians 4:4). The doctrine of these epistles emphasizes that Christ the Savior is the Son of God, Who, out of love for humanity, becomes our brother by assuming human nature and becomes the supreme sacrifice offered to God for reconciliation between the Uncreated and the created.

Cuvânt pastoral la praznicul Învierii Domnului

Author(s): Calinic Dumitriu / Language(s): Romanian Issue: 2/2022

Cuvânt pastoral la praznicul Nașterii Domnului

Author(s): Calinic Dumitriu / Language(s): Romanian Issue: 2/2022

Premeditatio malorum – forța de unificare conferită de gândul la moarte în ascetica răsăriteană și în filosofiile precreștine

Author(s): Valentin Marian Cocan / Language(s): Romanian Issue: 7-9/2023

There is a common thread in the practice of commemorating death or the thought of death that runs from Platonic philosophy to the teachings of the Holy Fathers. Based on the research conducted, it has been concluded that the practice of thinking about death serves to internally unify the philosopher, and that the ascetic, who assumes the patristic teaching, has the role of making him responsible as a hypostasis, distancing him from the status of an individual to that of a person. The study also presents the difference between ἐπιστροφή (epistrofi) and μετάνοια (metanoia).

Kněžské svěcení žen: uzavřená otázka

Author(s): Ondřej Kříž / Language(s): Czech Issue: 95/2024

The article discusses the current situation regarding the possibility of conferring the sacrament of ordination on women at the level of priest and bishop. It first of all outlines the issue from the point of view of dogmatic theology, then maps out the legal consequences within the ecclesiastical discipline, specifically in the law of sanction and magisterial law. In the article the author comes to the conclusion that the inability of a woman to receive ordination needs to be considered a closed question and a definitive truth, which the Pope has proclaimed as a use of the charism of infallibility. This implies both the impossibility of conferring ordination and also the impossibility of denying or relativising this doctrine in the teaching of theological faculties and seminaries.

Dignitas infinita – kontinuita nebo úkrok

Author(s): Jakub Polívka / Language(s): Czech Issue: 95/2024

The declaration "Dignitas infinita" issued by the Dicastery for the Doctrine of the Faith on April 8, 2024, emphasizes the infinite dignity of all human beings regardless of their circumstances. Unlike previous documents, this declaration extends the concept of human dignity to all stages of life and various situations, from conception to coma and agony. It argues against theories that deny dignity to unborn children or people in irregular life situations. The declaration draws on the teachings of Pope John Paul II and Pope Benedict XVI, highlighting the Church's commitment to defending the dignity of the weak and voiceless. It also addresses contemporary issues such as poverty, war, migration, human trafficking, violence against women, abortion, gender ideology, and euthanasia. The document underscores the Church's stance on the sanctity of life and the importance of respecting human dignity in all its forms.

V Brenné se uskutečnil XIII. ročník ekumenicko-právní konference

Author(s): Monika Menke / Language(s): Czech Issue: 95/2024

The 13th International Ecumenical Legal Conference held in Brenna, Poland, on April 24-25, 2024, was organized by the Faculty of Theology at the University of Silesia in Katowice, in collaboration with several other institutions. The conference focused on the theme "The Laity in the Church: Communion, Participation, Mission." The event featured presentations from experts in philosophy, canon law, theology, and law, discussing topics such as the role of laypeople in the synodal vision of the Church, the dignity of the human person, and the relationship between general priesthood and office among Lutherans. The conference also addressed the current state and perspectives of laypeople in church governance and the role of lay theologians in the modern world. Despite some participants being absent due to illness, the conference concluded with a discussion and a communal meal. Contributions from the conference will be published in the journal "Ecumeny and Law."

Stálé služby udělované laikům podle platných ustanovení CIC/1983 a norem partikulárního práva, s přihlédnutím k jáhenství

Author(s): Monika Menke / Language(s): Czech Issue: 94/2024

The article focuses on the change in Church legislation during the pontificates of the last two popes, Benedict XVI (motu proprio Omnium in mentem) and Francis (Spiritus Domini, Antiquum ministerium), concerning the status of deacons and lay ministries of acolyte, lector and catechist. It shows a shift from the preconciliar perception of the laity to a contemporary agreement of their own charismata in certain ministries in the Church. It also outlines the particular regulations of the Czech Bishops' Conference for these areas of lay ministry.

Trestný čin nahrávání a zveřejňování zpovědi: skutkové podstaty a vývoj v kanonickém trestním právu

Author(s): Šimon Polívka / Language(s): Czech Issue: 93/2023

The provisions of church laws regarding the sacrament of reconciliation consistently protect not only the penitent, but also the confessor and the sacrament itself, its inviolability and trustworthiness. These norms include a strict ban on recording or listening to the confession using technical means, as well as a ban on publishing the content of the confession in the media. The provision applies not only to the perpetrators of the said crimes, but also to everyone whose cooperation was necessary for the commission of the crime. Due to their seriousness, the listed crimes are reserved for the Dicastery for the Doctrine of the Faith.

Změny v právu zasvěceného života od promulgace Kodexu kanonického práva z r. 1983

Author(s): Damián Němec / Language(s): Czech Issue: 93/2023

This article presents the changes in one sub-area of the law of the Latin Catholic Church: the law of consecrated life, from the 1983 promulgation of the Code of Canon Law to the present, i.e., to November 2023. These changes result both positively from a response to the charismatic element of the life of the Christian community and negatively from shortcomings in the practice of consecrated life. The presented changes concern order of virgins, the preparation and establishment of Institutes of Consecrated Life and Societies of Apostolic Life, non-clerics as superiors in clerical Institutes of Consecrated Life and Societies of Apostolic Life, the administration of property, the exclaustration, the permission to departure for members with temporary vows or other commitments and the dismissal of members, and extensive modifications concerning the monasteries of nuns. In the conclusion, these changes are categorized into three groups: the emphasis on the principle of subsidiarity by strengthening the autonomy of the internal superiors and their councils (which includes an emphasis on the element of synodality), centralization with an accent on the authenticity of consecrated life, and regulations for areas not yet addressed or insufIciently addressed.

Sľub a prísaha v Reformovanej kresťanskej cirkvi na Slovensku

Author(s): Alfréd Somogyi / Language(s): Slovak Issue: 93/2023

The author of the article analyses the current practice of oaths and vows in the Reformed Christian Church in Slovakia, identifies the difference between an oath and a vow, discusses the theological issue of vows and oaths, and points out the clear prohibition of some forms of oaths in the Holy Scriptures. He provides a brief theoretical overview of oaths in light of the history of canon law. He then discusses the practice of vows and oaths in the Reformed Christian Church in Slovakia. Oaths and vows are taken by ministers and laity alike, in disciplinary proceedings, when accepting ecclesiastical ofIces, as well as at confirmation and marriage ceremonies. The question of the vows of the ministers is specifically dealt with. In the conclusion of the study, the author offers suggestions on how the practice of oaths and vows in the Reformed church can be better theologically grounded and based on biblical pillars.

Z kanonistické konference Inter Concilium et Synodum v Lublinu

Author(s): Monika Menke / Language(s): Czech Issue: 93/2023

The conference "Inter Concilium et Synodum," held in Lublin on October 18, 2023, to mark the 40th anniversary of the promulgation of the 1983 Code of Canon Law. Organized by the Department of History, General Norms, Sacramental Law, and Institutes of Consecrated Life at the Catholic University of Lublin, the conference gathered around 50 canonists and theologians from Poland, the Czech Republic, and Germany, including a representative from the Apostolic See. The event focused on the theme of synodality, currently a key topic in the XVI Ordinary General Assembly of the Synod of Bishops in Rome. Presentations covered various aspects of synodality, from its historical development to evaluations of the German Synodal Path. Key speakers included Aleksandra Brzemia-Bonarek, Lidia Fiejdasz Buczek, and Elżbieta Szczot, who moderated the sessions. The conference also featured discussions on the role of church advocates, the institution of the Synod of Bishops, and the development of consecrated life law. The event concluded with a reflection on the significance of synodality in the contemporary Catholic Church.

10. mezinárodní konference o filozofii a kanonickém právu v Prešově

Author(s): Stanislav Přibyl / Language(s): Czech Issue: 93/2023

The 10th International Conference on Philosophy and Canon Law held in Prešov from November 10-11, 2023, organized by the Greek Catholic Theological Faculty of Prešov University and the Theological Faculty of the Silesian University in Katowice, focused on "The Living Temple of God" and Joseph Ratzinger's prophetic testimony about the Church. The first day covered various philosophical topics, highlighting the inseparability of philosophy, theology, and the life of the Catholic Church in Ratzinger's thought. Discussions included the significance of Benedict XVI's exhortations, the connection between liturgy and life, and the pastoral importance of his messages. The second day centered on canon law, examining Ratzinger's documents related to canonical law and their impact on civil law. The conference emphasized the depth and coherence of Benedict XVI's ecclesiological thought and its influence on disciplinary measures. The event concluded with reflections on the relationship between liturgy and canon law, and the broader implications of Benedict's critique of secular law.

Nový postoj k trestu smrti v Katechismu katolické církve

Author(s): Jan Polák / Language(s): Czech Issue: 3/2024

This article seeks to reflect critically, with the benefit of hindsight, on the modification of the Catechism of the Catholic Church (CCC) on the death penalty. This modification took place in 2018 at the initiative of Pope Francis, who declared that capital punishment is not permissible. The author responds to a subsequent appeal published in First Things magazine, in which several American intellectuals petitioned the College of Cardinals to force the Holy Father to withdraw the new wording of Article 2267 of the CCC. In particular, the contribution seeks to find an answer to their objections that the new teaching is not in accord with Scripture and Tradition and gives the impression to believers that capital punishment is an intrinsically evil act. The author also considers whether the death penalty might not be acceptable under certain non standard conditions even today. He reflects on the attitude of John Paul II and Benedict XVI and asks some questions about possible future developments in this area, the first of which is the question of the potential rejection of life imprisonment as a hidden death penalty.

Synoda o synodalitě (2021‒2024) jako „inkognito“ koncil? Několik poznámek ke knize Christopha Theobalda

Author(s): Josef Mikulášek / Language(s): Czech Issue: 3/2024

The article presents Christoph Theobald’s book Un nouveau concile qui ne dit pas son nom? and critically analyses some of the suggestions that arise from reading it, especially those dealing with the nature, method of work and interim results of the ongoing Synod on Synodality (2021‒2024) of the Catholic Church. In the second part of the article, the author focuses on reflecting 1) on the relationship between the Second Vatican Council (1962‒1965) and the Synod on Synodality, 2) on the deepening of the theology of the local Church against the background of the various stages of the synodal process, and 3) on the need for “a practical pneumatology” for the effective implementation of the synodal transformation of the Church.