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Sovereign Family Ecumeny and Law Vol. 2 Sovereign Family Wydawnictwo Uniwersytetu Śląskiego · Katowice 2014 Editor-in-chief Andrzej Pastwa Deputy editor-in-chief Józef Budniak Secretaries Kinga Karsten, Marek Rembierz Head of ecumeny department Zdzisław Kijas Head of law department Piotr Kroczek Scientific board Head Cyril Vasil’ (archbishop, Roma) Members Leszek Adamowicz (Lublin), František Čitbaj (Prešov), Andrzej Czaja (bishop, Opole), Pavol Dancák (Prešov), Alojzy Drożdż (Katowice), Nicolae V. Dură (Constanţa), Ginter Dzierżon (Warszawa), Tomasz Gałkowski (Warszawa), Zygfryd Glaeser (Opole), Wojciech Góralski (Warszawa), Wojciech Hanc (Warszawa), Marcin Hintz (bishop, Warszawa), Janusz Kowal (Roma), Krzysztof Krzemiński (Toruń), Damián Němec (Olomouc), Urszula Nowicka (Warszawa), Theodosie Petrescu (archbishop, Constanţa), Marek Petro (Prešov), Wilhelm Rees (Innsbruck), Gerda Riedl (Augsburg), Peter Šturák (Prešov), Peter Szabó (Budapest), Jerzy Szymik (Katowice), Marek Jerzy Uglorz (Warszawa) Statistical editor Wojciech Świątkiewicz English language editors Michelle Adamowski, Sławomir Szkredka French language editor Dorota Śliwa Italian language editor Agnieszka Gatti The publication is also available online at: Baza Czasopism Humanistycznych i Społecznych www.bazhum.pl Central and Eastern European Online Library www.ceeol.com Table of contents Part One Ecumenical Theological Thought Wojciech Świątkiewicz The Value ‑Oriented Meaning of the Family and Its Contemporary Trans‑ formations 9 Marian Machinek The Charter of the Rights of the Family and the Yogyakarta Principles. Two Worlds 33 Pavol Dancák Reflection on the Family at the Beginning of the 21st Century 49 Józef Budniak Pastoral Counselling of Multi‑Religious Families Based on Examples from Bielsko ‑Żywiec Diocese 61 Marcin Składanowski The Cultural, National and Religious Identity of the Inhabitants of the Polish ‑Belarusian Borderland: Historical Experiences as a Factor in Shap‑ ing the Contemporary Podlasie Region 75 Part Two Ecumenical Juridical Thought Wojciech Góralski Family as a Sovereign Institution 91 Tomasz Gałkowski The Charter of the Rights of the Family in the Context of Theology of Law 105 4 Table of contents Nicolae Dură, Teodosie Petrescu Institution of the Family according to the Teaching of the Orthodox Church 115 Piotr Kroczek The Rights of the Family in the Vision of the Evangelical Church 131 Damián Němec Pastoral Vision of the Rights of the Family in the Catholic Church 145 Lucjan Świto Legal Protection of the Institutional Value of Marriage 157 Andrzej Pastwa The Right to Found a Family and the Right to Parenthood. Remarks on Articles 2 and 3 of the Charter of the Rights of the Family 171 Urszula Nowicka The Right to Freedom of Spouse Choice and Religious Upbringing of Chil‑ dren (CRF, Articles 2 and 7) 193 Elżbieta Szczot The Right to Work and Family Wage. Some Reflections on Article 10 of the Charter of the Rights of the Family from the Polish Perspective 205 Małgorzata Tomkiewicz Protection of the Family in the Family Policy of the State: Legal, Social and Economic Aspects 227 Cătălina Mititelu, Bogdan Chiriluţă The Christian Family in the Light of the Nomocanonical Legislation Printed in Romanian Language in the 17th Century 247 František Čitbaj Civil Effects of Entering Into Canonical Marriage according to Laws of the Slovak Republic 269 Leszek Adamowicz Law and Pastoral Care: Reflections of Three Popes 287 Part Three Reviews Intelektualne i duchowe dziedzictwo Cyryla i Metodego. Historia i aktualność tradycji cyrylo ‑metodiańskiej. Eds. Józef Budniak, Andrzej Kasperek. Pol‑ ska Akademia Nauk. Studio NOA. Katowice 2014, 198 pp. — Helena Hrehova 303 Urszula Nowicka: Stwierdzenie stanu wolnego wiernych prawosławnych na forum kościoła. Warszawa 2012, 424 pp.— Edward Górecki 309 Juan Jose Perez ‑Soba: Amore: introduzione a un mistero. Amore umano, 13. Cantagalli Siena 2012, 430 pp. — Alojzy Drożdż 313 Table of contents 5 Beziehung leben zwischen Ideal und Wirklichkeit. Eds. W. Krieger, B. Sieberer. Edition Kirchen — Zeit — Geschichte. Linz 2010, 198 pp. — Ireneusz Celary 317 Tadeusz Dzidek: Funkcje sztuki w teologii. Wydawnictwo WAM. Kraków 2013, 170 pp. — Jerzy Szymik 321 Leonardo Paris: Sulla libertà. Prospettive di teologia trinitaria tra neuroscienze e filosofia. Città Nuova. Roma 401 pp. — Michał Drożdż 327 Constans et perpetua voluntas. Pocta Petrovi Blahovi k 75. narodeninám Eds. Peter Mach, Matej Pekarik and Vojtech Vladár. Trnavská univer‑ zita v Trnave, Právnická fakulta, Trnava 2014, pp. 763 — Stanislav Přibyl 335 Notes on Contributors 341 Part One Ecumenical Theological Thought Ecumeny and Law, vol. 2 (2014) pp. 9—31 Wojciech Świątkiewicz University of Silesia in Katowice, Poland Constantine the Philosopher University in Nitra, Slovak Republic The Value ‑Oriented Meaning of the Family and Its Contemporary Transformations Keywords: family, family values, family transformations, crisis of values, crisis of family Values as a theme of sociological reflections Man creates values, and values contribute to the creation of a human being; that is, they shape human personality, attitudes, aspirations in life, as well as behavioural patters which are either preferred or actualised in practices of private and public life. One may therefore say, as Maria Gołaszewska aptly puts it, that “all undertaken decisions, life pursuits, interpersonal conflicts, assume a necessity to be in favour of certain val‑ ues, and remaining passive in this particular aspect of human existence is tantamount to one’s resignation from aspirations, to the rejection of one’s manhood.”1 There is no social life, understood both in its individual and collective dimensions, beyond the sphere of axiology. We are always entangled in the world of values. Values belong to the order of culture. Culture, in turn, can be defined as a typically human manner of existence. Thusly understood, culture is very frequently associated with a looking ‑glass in which individuals may 1 M. Gołaszewska: “Internalizacja wartości w sytuacji estetycznej. Szkic z pograni‑ cza estetyki i antropologii filozoficznej.” In: Wartości a sposób życia. Ed. M. Michalik. Wrocław 1979, p. 163. Translation mine. 10 Wojciech Świątkiewicz display their images by means of reflecting on their own constructions: literature, music, folkways, religious beliefs, condition of families, as well as attitudes referring to children and elderly persons, strong and weak peo‑ ple, one’s friends and individuals of similar interests, and, finally, to the authorities and political engagement as such. Andrzej Tyszka expresses a similar view when he appropriately observes that “culture is a cult of values.”2 In this sense, culture is a framework which is depended upon each time when members of a given community and parties to a given societal interaction are in a position to draw their interpretations from the inter ‑subjectively shared and traditionally safeguarded pool of knowl‑ edge (values) in order to arrive at modus vivendi and, consequently, aim to realize their particular objectives on that very basis.3 Following in the footsteps of reflections typical of the classical sociology in Poland, one may refer to a definition that was verbalized by Jan Szczepański a number of years ago: “a value is any material or ideal object, any idea or institution, any imagined or tangible object which individuals — or social groupings — are willing to respect, to ascribe importance to it, and to treat achieving it in terms of a compulsion.”4 When elaborating upon Szczepański’s definition, one is tempted to say that an individual, who is in possession of those val‑ uable objects, does not want to be deprived of them at any cost, and prizes these items as his/her own possessions, as something obvious and natural; that is, as these parts of one’s social personality and cultural identity that do not evoke any doubts. In this particular sense, Janusz Mariański is also right when he concludes his exposition of sociologi‑ cal theories of values with the following passage: “[…] sociology most frequently tends to understand values in terms of items that evoke pos‑ itive emotions, concentrate human desires and aspirations, function as important or desirable objects in human life, comprise the most desired goals to be attained, or, finally, constitute treasured objects of one’s daily pursuits.”5 2 A. Tyszka: Kultura jest kultem wartości. Komorów 1999. 3 See J. Habermas: The Theory of Communicative Action, Vol. 2: Lifeworld and Sys‑ tem: A Critique of Functionalist Reason. Boston 1985. 4 J. Szczepański: Elementarne pojęcia socjologii. Warszawa 1970, pp. 97—98. Transla‑ tion mine. 5 J. Mariański: Wprowadzenie do socjologii moralności. Lublin 1989, p. 165. Transla‑ tion mine. The Value ‑Oriented Meaning of the Family… 11 The axiological crisis and directions of axiological transformations Studies concerning axiological systems and their transformations may be considered to constitute a comfortable vantage point for investigating the courses of changes affecting societies and cultures. In this context, one may postulate that the condition of Polish society can be charac‑ terized as facing a period of important cultural transformations, an age marked by a specific “turning point” in history. The task of discarding the manacles of collectivist mentality — as characterized by submissive atti‑ tudes towards the state, holding on to the feeling of slave innocence, and distrust expressed in interpersonal relationships — is neither easy nor fast, especially when one
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