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The Natural Law, the Marriage Bond, and Divorce
Fordham Law Review Volume 24 Issue 1 Article 5 1955 The Natural Law, the Marriage bond, and Divorce Brendan F. Brown Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Brendan F. Brown, The Natural Law, the Marriage bond, and Divorce, 24 Fordham L. Rev. 83 (1955). Available at: https://ir.lawnet.fordham.edu/flr/vol24/iss1/5 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. The Natural Law, the Marriage bond, and Divorce Cover Page Footnote Robert E. McCormick; Francis J. Connell; Charles E. Sheedy; Louis J. Hiegel This article is available in Fordham Law Review: https://ir.lawnet.fordham.edu/flr/vol24/iss1/5 SYMPOSIUM THE NATURAL LAW AND THE FAMILYf THE NATURAL LAW, THE MARRIAGE BOND, AND DIVORCE BRENDAN F. BROWN* I. THE NATURAL LAW DICTATES MONOGAMXY N ATURAL law is that objective, eternal and immutable hierarchy of moral values, which are sources of obligation with regard to man be- cause they have been so ordained by the Creator of nature. This law con- forms to the essence of human nature which He has created. It is that aspect of the eternal law which directs the actions of men.' Although this law is divine in the sense that it does not depend on human will, neverthe- less, it is distinguishable from divine positive law, which has been com- municated directly from God to men through revelation, for natural law is discoverable by reason alone." Natural law has been promulgated in the intellect. -
Anathemas and Fr John Shaw
ANATHEMAS AND FR. JOHN SHAW By Vladimir Moss The Orthodox world was shocked when, in 1965, Pope Paul VI and Patriarch Athenagoras “lifted the anathemas” on their churches. Metropolitan Philaret led the True Orthodox in protesting that this simply could not be done. The anathemas on the Filioque and other Papist heresies were eternally valid, for falsehood remains falsehood for ever; and as long as the Papists confessed these heresies, they fell under the anathemas. The essential point is this: if an anathema expresses truth, and the bishops who pronounce it are true, then it has power “to the ages of ages”, and nobody can lift it, because it is pronounced not only by the earthly Church, but also by the Heavenly Church, in accordance with the word of the Lord: “Whatever ye [the apostles and their successors] shall bind on earth shall be bound in heaven” (Matthew 18.18). However, following in the footsteps of Athenagoras, we now have a man who thinks he can lift anathemas: Fr. John Shaw. Or rather, Fr. John does not pretend to lift them (that would be a truly Herculean task for a mere priest!). He either (in the case of Patriarch Tikhon and the anathema on the Bolsheviks of 1918) says that a patriarch has lifted it, or (in the case of the ROCOR's anathema against ecumenism of 1983) does something even less plausible: he says it never really happened! The Anathema of 1918 Let us take the first case. On January 19, 1918 Patriarch Tikhon anathematised the Bolsheviks in the following words: “By the power given to Us by God, we forbid you to approach the Mysteries of Christ, we anathematise you, if only you bear Christian names and although by birth you belong to the Orthodox Church. -
Ecclesiology of the Anglican Communion: Rediscovering the Radical and Transnational Nature of the Anglican Communion
A (New) Ecclesiology of the Anglican Communion: Rediscovering the Radical and Transnational Nature of the Anglican Communion Guillermo René Cavieses Araya Submitted in accordance with the requirements for the degree of Doctor of Philosophy The University of Leeds Faculty of Arts School of Philosophy, Religion and History of Science February 2019 1 The candidate confirms that the work submitted is his own and that appropriate credit has been given where reference has been made to the work of others. This copy has been supplied on the understanding that it is copyright material and that no quotation from this thesis may be published without proper acknowledgement. © 2019 The University of Leeds and Guillermo René Cavieses Araya The right of Guillermo René Cavieses Araya to be identified as Author of this work has been asserted by Guillermo René Cavieses Araya in accordance with the Copyright, Design and Patents Act 1988. 2 Acknowledgements No man is an island, and neither is his work. This thesis would not have been possible without the contribution of a lot of people, going a long way back. So, let’s start at the beginning. Mum, thank you for teaching me that it was OK for me to dream of working for a circus when I was little, so long as I first went to University to get a degree on it. Dad, thanks for teaching me the value of books and a solid right hook. To my other Dad, thank you for teaching me the virtue of patience (yes, I know, I am still working on that one). -
Events of the Reformation Part 1 – Church Becomes Powerful Institution
May 20, 2018 Events of the Reformation Protestants and Roman Catholics agree on first 5 centuries. What changed? Why did some in the Church want reform by the 16th century? Outline Why the Reformation? 1. Church becomes powerful institution. 2. Additional teaching and practices were added. 3. People begin questioning the Church. 4. Martin Luther’s protest. Part 1 – Church Becomes Powerful Institution Evidence of Rome’s power grab • In 2nd century we see bishops over regions; people looked to them for guidance. • Around 195AD there was dispute over which day to celebrate Passover (14th Nissan vs. Sunday) • Polycarp said 14th Nissan, but now Victor (Bishop of Rome) liked Sunday. • A council was convened to decide, and they decided on Sunday. • But bishops of Asia continued the Passover on 14th Nissan. • Eusebius wrote what happened next: “Thereupon Victor, who presided over the church at Rome, immediately attempted to cut off from the common unity the parishes of all Asia, with the churches that agreed with them, as heterodox [heretics]; and he wrote letters and declared all the brethren there wholly excommunicate.” (Eus., Hist. eccl. 5.24.9) Everyone started looking to Rome to settle disputes • Rome was always ending up on the winning side in their handling of controversial topics. 1 • So through a combination of the fact that Rome was the most important city in the ancient world and its bishop was always right doctrinally then everyone started looking to Rome. • So Rome took that power and developed it into the Roman Catholic Church by the 600s. Church granted power to rule • Constantine gave the pope power to rule over Italy, Jerusalem, Constantinople and Alexandria. -
A Community of Monks Or Nuns, Ruled by an Abbot Or Abbess. Usually Founded by a Monastic Order
Abbey - a community of monks or nuns, ruled by an abbot or abbess. Usually founded by a monastic order. Abbeys oftne owe some form of feudal obligation to a lord or higher organization. They are normally self-contained. Abjuration - renunciation, under oath, of heresy to the Christian faith, made by a Christian wishing to be reconciled with the Church. Accidie - term used in ascetical literature for spiritual sloth, boredom, and discouragement. Acolyte - a clerk in minor orders whose particular duty was the service of the altar. Advocate - lay protector and legal representative of a monastery. Advowson - the right of nominating or presenting a clergyman to a vacant living. Agistment - a Church rate, or tithe, charged on pasture land. Aisle - lateral division of the nave or chancel of a church. Alb - a full-length white linen garment, with sleeves and girdle, worn by the celebrant at mass under a chasuble. Almoner - officer of a monastery entrusted with dispensing alms to the poor and sick. Almonry - place from which alms were dispensed to the poor. Almuce - large cape, often with attached hood, of cloth turned down over the shoulders and lined with fur. Doctors of Divinity and canons wore it lined with gray fur. Cape was edged with little Ambulatory - aisle leading round an apse, usually encircling the choir of a church. Amice - a square of white linen, folded diagonally, worn by the celebrant priest, on the head or about the neck and shoulders. Anathema - condemnation of heretics, similar to major excommunication. It inflicts the penalty of complete exclusion from Christian society. -
Life and Works of Saint Bernard, Abbot of Clairvaux
J&t. itfetnatto. LIFE AND WORKS OF SAINT BERNARD, ABBOT OF CLA1RVAUX. EDITED BY DOM. JOHN MABILLON, Presbyter and Monk of the Benedictine Congregation of S. Maur. Translated and Edited with Additional Notes, BY SAMUEL J. EALES, M.A., D.C.L., Sometime Principal of S. Boniface College, Warminster. SECOND EDITION. VOL. I. LONDON: BURNS & OATES LIMITED. NEW YORK, CINCINNATI & CHICAGO: BENZIGER BROTHERS. EMMANUBi A $ t fo je s : SOUTH COUNTIES PRESS LIMITED. .NOV 20 1350 CONTENTS. I. PREFACE TO ENGLISH EDITION II. GENERAL PREFACE... ... i III. BERNARDINE CHRONOLOGY ... 76 IV. LIST WITH DATES OF S. BERNARD S LETTERS... gi V. LETTERS No. I. TO No. CXLV ... ... 107 PREFACE TO THE ENGLISH EDITION. THERE are so many things to be said respecting the career and the writings of S. Bernard of Clairvaux, and so high are view of his the praises which must, on any just character, be considered his due, that an eloquence not less than his own would be needed to give adequate expression to them. and able labourer He was an untiring transcendently ; and that in many fields. In all his manifold activities are manifest an intellect vigorous and splendid, and a character which never magnetic attractiveness of personal failed to influence and win over others to his views. His entire disinterestedness, his remarkable industry, the soul- have been subduing eloquence which seems to equally effective in France and in Italy, over the sturdy burghers of and above of Liege and the turbulent population Milan, the all the wonderful piety and saintliness which formed these noblest and the most engaging of his gifts qualities, and the actions which came out of them, rendered him the ornament, as he was more than any other man, the have drawn him the leader, of his own time, and upon admiration of succeeding ages. -
Gaudium Et Spes
THE SECOND VATICAN COUNCIL GAUDIUM ET SPES (PASTORAL CONSTITUTION ON THE CHURCH IN THE MODERN WORLD) Promulgated by His Holiness, Pope Paul VI on December 7, 1965 The following is excerpted from the complete document of Gaudium et spes. This section only treats marriage and family life. It appears in Part II under the title of: “Some Problems of Special Urgency.” ____________________________________________ CHAPTER I FOSTERING THE NOBILITY OF MARRIAGE AND THE FAMILY 47. The well-being of the individual person and of human and Christian society is intimately linked with the healthy condition of that community produced by marriage and family. Hence Christians and all men who hold this community in high esteem sincerely rejoice in the various ways by which men today find help in fostering this community of love and perfecting its life, and by which parents are assisted in their lofty calling. Those who rejoice in such aids look for additional benefits from them and labor to bring them about. Yet the excellence of this institution is not everywhere reflected with equal brilliance, since polygamy, the plague of divorce, so-called free love and other disfigurements have an obscuring effect. In addition, married love is too often profaned by excessive self-love, the worship of pleasure and illicit practices against human generation. Moreover, serious disturbances are caused in families by modern economic conditions, by influences at once social and psychological, and by the demands of civil society. Finally, in certain parts of the world problems resulting from population growth are generating concern. All these situations have produced anxiety of consciences. -
A CONFESSION of FAITH Against Ecumenism
A CONFESSION OF FAITH Against Ecumenism From a Convention of Orthodox Clergymen and Monks Greece, April 2009 Those of us who by the Grace of God have been raised with the dogmas of piety and who follow in everything the One, Holy, Catholic and Apostolic Church, believe that: The sole path to salvation of mankind1 is the faith in the Holy Trinity, the work and the teaching of our Lord Jesus Christ, and their continuance within His Body, the Holy Church. Christ is the only true Light;2 there are no other lights to illuminate us, nor any other names that can save us: “Neither is there salvation in any other: for there is none other name under heaven given among men, whereby we must be saved.”3 All other beliefs, all religions that ignore and do not confess Christ “having come in the flesh,”4 are human creations and works of the evil one,5 which do not lead to the true knowledge of God and rebirth through divine Baptism, but instead, mislead men and lead them to perdition. As Christians who believe in the Holy Trinity, we do not have the same God as any of the religions, nor with the so-called monotheistic religions, Judaism and Mohammedanism, which do not believe in the Holy Trinity. For two thousand years, the one Church which Christ founded and the Holy Spirit has guided has remained stable and unshakeable in the salvific Truth that was taught by Christ, delivered by the Holy Apostles and preserved by the Holy Fathers. She did not buckle under the cruel persecutions by the Judeans initially or by idolaters later, during the first three centuries. -
Mater Et Magistra and "Loyal Dissent" John E
The Linacre Quarterly Volume 73 | Number 4 Article 11 November 2006 Mater et Magistra and "Loyal Dissent" John E. Foran Follow this and additional works at: http://epublications.marquette.edu/lnq Recommended Citation Foran, John E. (2006) "Mater et Magistra and "Loyal Dissent"," The Linacre Quarterly: Vol. 73 : No. 4 , Article 11. Available at: http://epublications.marquette.edu/lnq/vol73/iss4/11 Mater et Magistra and "Loyal Dissent" by John E. Foran, M.D. The author is Director, Family Practice Residency Program, St. Joseph hospital, Chicago. In the interval between the appointment of the Birth Control Commission by Pope Paul VI in 1964 and the release of Humanae Vitae in July of 1968, my father and I engaged in joyous debate. Though we both completely agreed that the promised encyclical would again define the constant teaching of the Church opposing all forms of artificial birth control, my father insisted that since His Holiness would speak from the Chair of Peter, the encyclical would be ex cathedra. I, on the other hand, contended it would be reiteration of authentic magisterial teaching, thus binding doctrine even though not "infallible" in the strict sense of Vatican 1. Little did we realize our intense debate would become inelevant to vast numbers of Catholics worldwide. Theologians, pliests, laity and even some bishops pridefully rose in dissent from the official and unchanging magisterial tradition. Decades of "cafeteria Catholicism" were off to a running start! I trust this paper will demonstrate whether Pope Paul VI was speaking ex cathedra or restating magisterial truth. Humanae Vitae must be recognized as binding to the properly formed conscience. -
On Human Life Humanae Vitae
ON HUMAN LIFE HUMANAE VITAE Pope Paul VI Foreword by Mary Eberstadt Afterword by James Hitchcock Postscript by Jennifer Fulwiler IGNATIUS PRESS AUGUSTINE INSTITUTE San Francisco Greenwood Village, CO CONTENTS Foreword: The Vindication of Humanae Vitae, byMaryEberstadt................. 7 HUMANAEVITAE................ 45 AHistoricalAfterword, byJamesHitchcock............... 87 Postscript: We’re Finally Ready for Humanae Vitae,byJenniferFulwiler......... 103 ForFurtherReading............... 109 FOREWORD The Vindication of Humanae Vitae by Mary Eberstadt Of all the paradoxical fallout from the Pill, per- haps the least understood today is this: the most unfashionable, unwanted, and ubiquitously de- plored moral teaching on earth is also the most thoroughly vindicated by the accumulation of secular, empirical, post-revolutionary fact. The document in question is of course Hu- manae Vitae, the encyclical letter of Pope Paul VI on the subject of the regulation of birth, pub- lished on July 25, 1968.Now,thatHumanae Vitae and related Catholic teachings about sex- ual morality are laughingstocks in all the best places is not exactly news. Even among believ- ers, everybody grasps that this is one doctrine the world loves to hate. Routine secular reporting 7 On Human Life on the Church rarely fails to mention the teach- ings of Humanae Vitae, usually alongside adjec- tives like ‘‘divisive’’ and ‘‘controversial’’ and ‘‘outdated’’. In fact, if there’s anything on earth that unites the Church’s adversaries, the teaching against contraception is probably it. To many people, both today and when the en- cyclical was promulgated, the notion simply de- fies understanding. Consenting adults, told not to use birth control? Preposterous. Third World parents deprived access to contraception and abortion? Positively criminal. -
The Holy See
The Holy See VISIT TO THE PONTIFICAL INSTITUTE FOR SACRED MUSIC ADDRESS OF HIS HOLINESS BENEDICT XVI Via di Torre Rossa, Rome Saturday, 13 October 2007 Venerable Brothers in the Episcopate and in the Priesthood, Dear Professors and Students of the Pontifical Institute for Sacred Music, On the memorable day of 21 November 1985 my beloved Predecessor, Pope John Paul II, went to visit this "aedes Sancti Hieronymi de Urbe" where, since its foundation by Pope Pius XI in 1932, a privileged community of Benedictine monks has worked enthusiastically on the revision of the Vulgate Bible. It was then that the Pontifical Institute for Sacred Music moved here, complying with the Holy See's wishes, although it retained at its former headquarters in Palazzo dell'Apollinare, the Institute's historic Gregory XIII Hall, the Academic Hall or Aula Magna which still is, so to speak, the "sanctuary" where solemn academic events and concerts are held. The great organ which Madame Justine Ward gave Pius XI in 1932 has now been totally restored with the generous contribution of the Government of the "Generalitat de Catalunya". I am pleased to greet the Representatives of that Government who are present here. I have come with joy to the didactic centre of the Pontifical Institute for Sacred Music, which has been totally renovated. With my Visit I inaugurate and bless the impressive restoration work carried out in recent years at the initiative of the Holy See with the significant contribution of various benefactors, among whom stand out the "Fondazione Pro Musica e Arte Sacra", which has overseen the total restoration of the Library. -
Christ the King
Christ the King THAT HE WOULD REIGN IN OUR HEARTS In 1925, Pope Pius XI instituted the Feast of Christ the Prayer for the Protection of Religious Liberty King in his encyclical letter Quas Primas, in response to growing nationalism and secularism around the world. He O God our Creator, had the foresight to realize that secularism could soon wage from your provident hand we have received our right to life, awful wars against the Church. liberty, and the pursuit of happiness. You have called us as your people and given us the right and During the early twentieth century, in Mexico, Russia, and in the duty to worship you, the only true God, and your Son, many parts of Europe, atheistic regimes threatened not just Jesus Christ. the Catholic Church and Through the power and working its faithful but civilization of your Holy Spirit, you call us to itself. Pope Pius XI’s live out our faith in the midst of encyclical gave Catholics the world, bringing the light and hope and—while the saving truth of the Gospel to governments of men every corner of society. We ask around them crumbled— you to bless us in our vigilance the assurance that Christ for the gift of religious liberty. the King shall reign Give us the strength of mind and forever. Pope Pius XI said heart to readily defend our that Christ “reign[s] ‘in the freedoms when they are hearts of men,’ both by threatened; give us courage in reason of the keenness of making our voices heard on his intellect and the extent behalf of the rights of your of his knowledge, and also Church and the freedom of because he is very truth, and it is from him that truth must conscience of all people of faith.