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Philosophy and Canon Law Vol. 2 Man – Family – Society in the Modern World Wydawnictwo Uniwersytetu Śląskiego • Katowice 2016 Editor-in-Chief Andrzej Pastwa Deputy Editor-in-Chief Pavol Dancák Members of the Board Krzysztof Wieczorek (Chair of Philosophy Department) Tomasz Gałkowski (Chair of Law Department) International Advisory Board Chair Most Rev. Cyril Vasil’ (Pontifical Oriental Institute, Roma, Italy) Members of the Board Libero Gerosa (Faculty of Theology in Lugano, Switzerland), Wojciech Góralski (Cardinal Ste- fan Wyszyński University, Warsaw, Poland), Stephan Haering (Ludwig Maximilian University of Munich, Germany), John Keown (Georgetown University, Washington, D.C., USA), Janusz Kowal (Pontifical Gregorian University, Roma, Italy), V. Bradley Lewis (Catholic University of America, Washington, D.C., USA), Wilhelm Rees (University of Innsbruck, Austria), David L. Schindler (Catholic University of America, Washington, D.C., USA), Santiago Sia (National University of Ireland, Dublin, Ireland), Zbigniew Suchecki (Pontifical University Antonianum, Roma, Italy) Referees of the Board Miguel Bedolla (University of Texas, San Antonio, USA), Alexandru Buzalic (Babeş-Bolyai University, Cluj-Napoca, Romania), Francišek Čitbaj (University of Prešov, Slovak Republic), Roger Enriquez (University of Texas, San Antonio, USA), Silvia Gáliková (University of Trna- va, Slovak Republic), Edward Górecki (Palacký University, Olomouc, Czech Republic), John P. Hittinger (University of St. Thomas, Houston, USA), Thomas C. Machalski (SS. Cyril and Methodius Seminary in Orchard Lake, Michigan, USA), Piotr Kroczek (Pontifical University of John Paul II, Cracow, Poland), Thomas C. Machalski (SS. Cyril and Methodius Seminary in Orchard Lake, Michigan, USA), Thomáš Machula (University of South Bohemia in České Budějovice, Czech Republic), Giuseppe Milan (University of Padova, Italy), Damian Němec (Palacký University, Olomouc, Czech Republic), Stanislav Přibyl (University of South Bohemia in České Budějovice, Czech Republic), Alina Tata (Babeş-Bolyai University, Cluj-Napoca, Ro- mania), Wiesław Wójcik (Polish Academy of Sciences) Statistical Editor: Wojciech Świątkiewicz Secretaries: Kinga Karsten, Witold Kania English Language Editor: Michelle Adamowski French Language Editor: Dorota Śliwa Italian Language Editor: Agnieszka Gatti Contents Part One Philosophical Thought Pavol Dancák Christian Thinking in Secular Context 9 Leo D. Lefebure Gaudium et Spes, Nostra Aetate, Dignitatis Humanae, and the Opening of the Catholic Church to Other Religious Traditions 21 Rudolf Dupkala Conflict or Dialogue of Cultures in the Context of Current Migrations 39 Krzysztof Wieczorek “Behold, Now Is the Acceptable Time for a Change of Heart.” A Christian Re- sponse to the Migration Problem 59 Witold Kania Gaudium et Spes on Human Dignity and Its Implications in Bioethics 83 Jan Koblížek Evaluating Political Society in Rerum Novarum in the Context of Francisco Suá- rez’s Social Doctrine and Its Development in Gaudium et Spes 99 John Hittinger Three Dimensions of Catholic Political Participation: Dignity, Secularity, and Witness 113 4 Contents Part Two Juridical Canonical Thought Stanislav Přibyl Gaudium et Spes: Between Pastoral Character and Prescriptive Obligatoriety 129 Tomasz Gałkowski Correlation of Rights and Duties of the Faithful in the Constitution Gaudium et Spes and Its Influence on the Formulations in the Code of Canon Law 141 Damián Němec Specific Accents in the Rights and Obligations of Christian Faithful in the CCEO and Their Actual Relevance 155 Józef Krukowski Culture and Law in Pluralistic Society 169 Mirosław Sitarz Relations between Church and State in Gaudium et Spes 185 Andrzej Pastwa Gaudium et Spes: An Enormous Step towards Overcoming the Dualism between Natural Marriage and the Sacrament of Matrimony 203 Lucjan Świto Responsible Parenthood in the Context of Contemporary Challenges 221 Małgorzata Tomkiewicz Femininity and Masculinity as a Legal Issue 235 Elżbieta Szczot Family in the Face of Globalization 253 Part Three Reviews David L. Schindler, Nicholas J. Healy Jr., Freedom, Truth, and Human Dignity: The Second Vatican Council’s Declaration on Religious Freedom — John Hit- tinger 271 Aneta Gawkowska, Skandal i ekstaza. Nowy Feminizm na tle koncepcji pojedna- nia według Jana Pawła II — Agnieszka Nogal 275 Church and Society: Towards Responsible Engagement Ed. Ľ. M. Ondrášek, I. Moďoroši — Alexandru Buzalic 279 Michał Paluch, Dlaczego Tomasz — Aneta Gawkowska 281 Contents 5 Grzegorz Grzybek, Etyka zawodowa jako subdyscyplina naukowa (odniesienie do działalności zawodowej w obszarze nauczania, wychowania i opieki) — Marek Rembierz 289 Demokratyczne państwo prawa. Ed. M. Aleksandrowicz, A. Jamróz, L. Jamróz — Tomasz Gałkowski 239 Filozoficzne i teoretyczne zagadnienia demokratycznego państwa prawa. Ed. M. Andruszkiewicz, A. Breczko, S. Oliwniak — Tomasz Gałkowski 295 Notes on Contributors 297 Part One Philosophical Thought Philosophy and Canon Law vol. 2 (2016), pp. 9–19 Pavol Dancák University of Prešov, Slovak Republic Christian Thinking in Secular Context Abst ract: The revival of religious thinking does not amount to a simple reproduction of what preceded secularism. It rather constitutes a reference to an authentic reflection on what caused the lay movements in society. We can say it is time to try anew. In this manner, we can treat it as an opportunity, although admittedly in a very unstable situation. Key words: human being, Christianity, secularism, the image of God It is impossible to imagine Europe without Christianity, churches, Christian crosses scattered along the roads, hospitals, human rights, solidarity, and care for the weakest among us. It is evident that civilization and culture have been inspired by transcendence towards the divine. Despite that, Europe witnessed the process of secularization, which started in the mid-twentieth century and worked towards pushing God and Christianity out of all areas of human life in all ways possible. This process strived for atheist secularizm, which involves a complete and utter exclusion of God and the natural moral order from all areas of human life. Christian religion has been continually and with even greater vigor and subtlety restricted to the private lives of individuals. Such tendencies can be seen in the Charter of Fundamental Rights of the European Union, whose crea- tors, irregardless of historical reality, avoided any reference to God or religion. Many people did not theoretically justify their secular stance, but they lived as if there were no God. Some people openly rejected Christianity and others, in larger numbers, practiced their faith in God only formally. The concept of God was distorted in so many different ways, oftentimes by Christians them- selves. In some instances, we have to agree with those who criticized Christians for creating God in their own human image. Oftentimes, God was presented not as a loving father and a healer of body and soul, but as a strict judge or 10 Philosophical Thought even as an avenger. People sometimes used the concept of God to fill the gaps of knowledge or considered God an instigator of the motion in the world. Self- ish satisfying of the shadow needs resulted in a modern man gladly accepting the pagan image of God as a guarantor of some secure blessedness. To secure this, it should be sufficient to pray and offer some kind of sacrifice. God should be bound by such favor and provided he keeps his account books, he should sooner or later return the favor. The pagan division of reality into sacred and secular grew stronger in everyday life and people somehow ignored the fact that in God we live and move and have our being and that only in God’s grace we are who we are. People did not recognize God at the market as the one to be worshiped in spirit and truth. And so we cannot marvel at the famous fool playing requiem for the dead God. Distorted image of God has become most evident in our perception of free- dom as an unlimited wilfulness. Historical experience, however, teaches us that the modern times’ motto equality, fraternity, and liberty involved exclusion from the brotherhood, deprivation of freedom or even life to all who were not equal in the right sense of the word. History, and sadly the most current history of the twentieth century, too, prove that secularization poses a threat. Revelation of the New Testament rejected whatever sublime business figures of egocentrism and appealed to the human persons to surrender themselves and do good deeds because God is love. Modern man, as many times before, refused to admit his/her responsibility before God. What is more, man also claimed the right to determine what is good and what is evil. Such claim, however, goes beyond the essential purpose of man, who, on the one hand, can learn about good and evil, who can, and also must, distinguish between good and evil, who can and should do what is good, but who can also do what is evil. Still, modern man cannot say that from now on good will be evil and evil will be good. Man naively assumes that it is possible to abandon his/her essentially given place and tries to turn the world upside down. But to every action there is always a reaction. If I am cutting my own throat, I should anticipate consequences. Instead of God, man placed him/ herself in the center of his/her activity, yet s(he) did not succeed in creating Heaven on earth. Just the contrary, man created totalitarian regimes which, by rejecting God, brutally destroyed the dignity of man in the hellish conditions in the concentration camps and gulags. This is the main reason why we consider the times we live in as the times of the spiritual crisis, the times of breaking the established societal and cultural structures, the times to which a mood of doom and a concealed fear of the upcoming future are ascribed. This concealed fear seems to be peculiar in character. It is the fear that man feels of him/herself. There is a real danger that people would be able to turn their own creations against themselves. In current state of technology that would mean to commit a collective suicide.