DOCSLIB.ORG

The Freedom of the Church

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Freedom of the Church THE LAW SCHOOL THE FREEDOM OF THE CHURCH Richard Garnett Lilly Endowment Associate Professor of Law Notre Dame Law School Legal Studies Research Paper No. 06-12 This paper can be downloaded without charge from the Social Science Research Network electronic library at: http://ssrn.com/abstract=916336. A complete list of Research Papers in this Series can be found at: http://www.nd.edu/~ndlaw/faculty/ssrn.html THE FREEDOM OF THE CHURCH Richard W. Garnett* I. Not many today know much about an 11th century monk named Hildebrand, who eventually reigned as Pope Gregory VII? However, the three days in late January 1077 when the excommunicated German king, Henry IV, stood barefoot in the snow doing penance outside the castle at Canossa of Countess Matilda of Tuscany could be as important to the development of western constitutionalism as the later events at Runnymede, or Philadelphia.1 Hildebrand not only orchestrated the first great “propaganda” campaign in history in support of his struggle with secular powers for papal control over the Church;2 he led a “revolution” that, as the great legal scholar Harold Berman reports, worked nothing less than a “total transformation” of law, state, and society.3 And, the battle cry for this papal revolution – an idea that would serve as the catalyst for “the first major turning point in European history”4 and as the foundation for nearly a millennium of political theory – was libertas ecclesiae, the “freedom of the Church.” Drawing on the work of Fr. John Courtney Murray, this Article explores the possibility that this idea – or something like it – remains a crucial component of any plausible and attractive account of religious freedom under and through constitutionally limited government. For Hildebrand and his allies, the “freedom of the Church” was the “freedom of the clergy, under the pope, from emperor, kings, and feudal lords.”5 It was the “assertion of papal primacy over the entire Western church and of the independence of the Church from secular control.”6 This revolutionary slogan was, in Murray’s words, a “pregnant phrase,” one that refers both to the “freedom of the Church as a spiritual authority” to * Lilly Endowment Associate Professor of Law, University of Notre Dame. I am grateful to Bob Rodes, Mark Sargent, Angela Carmella, Rob Vischer, Ed Hartnett, Greg Sisk, Nicole Stelle Garnett, Carl Esbeck, Steve Smith, Mark Tushnet, and all of the participants in the Constitutional Theory Colloquium at the Georgetown University Law Center and in the workshop series at Seton Hall University School of Law for their suggestions and criticisms. 1 See generally, e.g., BRIAN TIERNEY, THE CRISIS OF CHURCH AND STATE: 1050-1300 (1988); HAROLD J. BERMAN, LAW AND REVOLUTION: THE FORMATION OF THE WESTERN LEGAL TRADITION (1983); Robert Louis Wilken, Gregory VII and the Politics of the Spirit, in THE SECOND ONE THOUSAND YEARS: TEN PEOPLE WHO DEFINED A MILLENNIUM (RICHARD J. NEUHAUS, ed., 2001). 2 BERMAN, supra note 1, at 94 (quoting,Introduction to G. TELLENBACH, CHURCH, STATE, AND CHRISTIAN SOCIETY AT THE TIME OF THE INVESTITURE CONTEST xiv-xv (R.F. Bennett trans., 1940)). 3 BERMAN, supra note 1, at 23. See also JOHN WITTE, JR., RELIGION AND THE AMERICAN CONSTITUTIONAL EXPERIMENT: ESSENTIAL RIGHTS AND LIBERTIES 11-14 (2000) (discussing the “papal revolution”). 4 BERMAN, supra note 1, at 87. 5 BERMAN, supra note 1, at 94. 6 BERMAN, supra note 1, at 50. See also WITTE, supra note 3, at 11-12 (noting Pope Gregory VII’s claim that “[o]nly the pope . had authority to ordain, discipline, depose, and reinstate bishops, to convoke and control church councils, and to establish and administer abbeys and bishroprics.”). 2 Freedom of the Church [10-Jul-06 carry out its “divine commission . to teach, to rule, and to sanctify” and to the freedom of the Christian people “to live within her fold an integral supernatural life,” a life with an “inherent suprapolitical dignity” that transcends the goals and powers of the state and its temporal ends.7 What was at stake at Canossa, then – as at the Cathedral in Canterbury a century later, when the “meddlesome priest” St. Thomas Becket was murdered by another ambitious King Henry8 – was the “principle that royal jurisdiction was not unlimited . and that it was not for the secular authority alone to decide where its boundaries should be fixed.”9 In George Weigel’s words: Thanks to the Freedom of the Church, and to the resolution of the investiture controversy in favor of the Church, the state . would not be all in all. The state would not occupy every inch of social space. Indeed, the state had to acknowledge that there were some things it couldn’t do because it was simply incompetent to do them – and that acknowledgment of limited competence created the social and cultural conditions for the possibility of what a later generation of constitutions and democrats called the limited state. The Western ideal – a limited state in a free society – was made possible in no small part by the investiture crisis.”10 What resulted from this “disengagement of the two spheres of sacred and profane” was not only a change in the “self-understanding”11 of both Church and state but also, as Peter Brown wrote, a “release of energy and creativity analogous to a process of nuclear fission.”12 And yet, no Justice of the United States Supreme Court has ever mentioned – at least, not according to Westlaw – Hildebrand, Gregory VII, or Canossa in any published opinion. Nevertheless, and following Berman, I suggest that engagement with the 11th century Investiture Crisis, the “Papal Revolution,” and the libertas ecclesiae principle could be helpful, if not essential, to an understanding of constitutionalism generally and, more specifically, of the religious freedom protected 7 JOHN COURTNEY MURRAY, WE HOLD THESE TRUTHS: CATHOLIC REFLECTIONS ON THE AMERICAN PROPOSITION 201, 203-04 (1988). 8 In the Academy Award-winning 1964 film, BECKET, England’s King Henry II – played by Peter O’Toole – says of Thomas Becket, the Archbishop of Canterbury – played by Richard Burton – “will no one rid me of this meddlesome priest?” Id. 9 BERMAN, supra note 1, at 269. 10 GEORGE WEIGEL, THE CUBE AND THE CATHEDRAL: EUROPE, AMERICA, AND POLITICS WITHOUT GOD 101 (2005). 11 Wilken, supra note 1, at 10. The author notes: By desacralizing the authority of the king, Gregory disengaged the spiritual world from political control (at least in theory) and set in motion forces that would alter not only the self- understanding of the Church but also of the state. Deprived of its spiritual authority, the state was forced to conceive of itself anew as a corporate body independent of the Church.” Id. 12 Peter Brown, Society and the Supernatural: A Medieval Change, 104 DAEDALUS 133, 134 (1975). 10-Jul-06] Freedom of the Church 3 by the First Amendment to our Constitution. The American Jesuit and theologian, Fr. John Courtney Murray – who wrote widely and influentially about religious freedom and democracy – appreciated this connection. Today, Murray probably is best known for his work in grounding the freedom of religious conscience from government coercion on the dignity of the human person, an effort that is widely seen as having been endorsed by the Fathers at the Second Vatican Council in their 1965 Declaration on Religious Liberty, Dignitatis humanae.13 And, he is invoked often in discussions and debates regarding the advisability or justifiability of morals legislation in conditions of pluralism and about the responsibilities of, and constraints upon, Catholics in public and political life.14 However, his emphasis on the significance for limited government and religious freedom of the libertas ecclesiae principle seems to have gone largely overlooked. Murray regarded this principle as a “Great Idea,” whose “entrance into history marked the beginning of a new civilizational era.”15 And he proposed that this idea, properly understood, should be treated not only as an aspect, dimension, or implication of religious freedom, but as essential and foundational to it. Put differently, the libertas ecclesiae principle for Murray was not merely a spin-off of his important argument about human dignity as the basis for immunity from coercion in matters of religious conscience; it is the linchpin of that argument.16 After all, Murray insisted, we have long understood that we are not really free if “[our] basic human things are not sacredly immune from profanation by the power of the state[.]”17 The challenge, in his view, 13 See, e.g., Dignitatis humanae ¶ 2 (“The right to religious freedom has its foundation in the very dignity of the human person as it is known through the revealed word of God and by reason itself. [T]he right to religious freedom has its foundation not in the subjective disposition of the person but in his very nature.”). 14 See, e.g., Mario M. Cuomo, Persuade or Coerce? A Response to Kenneth Woodward, COMMONWEAL (Sept. 24, 2004). Gov. Cuomo speaker stated: My speech echoed the teaching of great American theologians like John Courtney Murray who told us it is a ‘foolish position to say all sins ought to be made crimes.’ Murray’s position was consistent with Aquinas’s observation that although civil law is concerned with leading everyone to virtue, it does so prudentially-gradually and not suddenly. Id. See also, e.g., David R. Obey, My Conscience, My Vote, AMERICA (Aug. 16, 2004). Congressman Obey wrote: I remain a John Courtney Murray kind of Catholic, while Archbishop Burke is not. Murray was the key American theologian who advised the American Catholic bishops during the deliberations of the historic Second Vatican Council convened by Pope John XXIII.
Load more

Recommended publications
  • Relationship Between Church and State, Canon Law and Civil Law: Problems and Prospects
    IUSTITIA Vol. 9, No. 1 (June 2018) Page: 11-50 RELATIONSHIP BETWEEN CHURCH AND STATE, CANON LAW AND CIVIL LAW: PROBLEMS AND PROSPECTS Paul Pallatir First of all the author examines the Lateran Pacts between the Holy See and the Italian State which constitutes the foundation for the relationship between the Catholic Church and the State even in modern times. Then an overview of the teaching of Vatican II on the autonomy and independence of the Church and civil society in their respective fields is presented, indicating the possibility and manner of observing canon law in democratic, theocratic, confessional, secular, atheistic or totalitarian states. After attempting a compendium of the canons on the theme, the final sections are dedicated to highlight the principles and directives provided by the Codes of canon law regarding the relationship between canon law and civil law, followed by the exemplification of three particular themes: marriage, temporal goods of the Church and penal law. 1. Introduction The Christian faithful, including cardinals, bishops, priests, religious and lay people, are at the same time members of the Church and citizens of a nation. Hence their life and activities are regulated by two orders, canonical and civil, deriving rights and obligations from both. Hence the peaceful life of Christian citizens in any country depends on the harmonious and equilibrated application of canon law and civil Prof. Paul Pallath holds doctorate in Eastern canon law from the Pontifical Oriental Institute in Rome and in Latin canon law from the Pontifical Lateran University. From 1995 to 2011 he rendered service as an official of the Congregation for Divine Worship and the Discipline of the Sacraments and then for two years as an official of the Tribunal of the Roman Rota.
    [Show full text]
  • A Fatalidade Do Diálogo Estado-Religião
    RUI ANTÓNIO COSTA OLIVEIRA A FATALIDADE DO DIÁLOGO ESTADO-RELIGIÃO Registos identificados em vários dos contextos históricos da Monarquia e da República Portuguesa, da Modernidade ao Tratado de Lisboa Dissertação apresentada para a obtenção do Grau de Mestre em Ciência das Religiões, no Curso de Mestrado em Ciência das Reli- giões, conferido pela Universidade Lusófona de Humanidades e Tecnologias. Orientador: Prof. Dr. PAULO MENDES PINTO Universidade Lusófona de Humanidades e Tecnologias Faculdade de Ciência Política, Lusofonia e Relações Internacionais Lisboa 2010 A FATALIDADE DO DIÁLOGO ESTADO-RELIGIÃO A grande individualidade, resultado dos progressos d’este século, vae tornando impos- síveis todas as supremacias, tanto na religião, como no estado, como na arte. É para onde confluem todos os esforços, todas as luctas; é o móbil da acção na Europa moderna. TEÓFILO BRAGA, As Theocracias Litterarias, Lisboa, Typographia Universal, 1865, p. 5 2 A FATALIDADE DO DIÁLOGO ESTADO-RELIGIÃO Resumo Neste trabalho, propomo-nos elencar os vários «instrumentos políticos» de que se têm socorrido, de uma forma geral, o Poder instituído, e, de uma forma particular, o Estado Português, para a regulação das relações de carácter religioso dos cidadãos, entre si – nas suas várias expressões confessionais – e entre estes e o Estado – na diversidade dos canais institucionais de comunicação e de interacção. O enfoque é o da realidade nacional portuguesa, desde a Modernidade (de uma forma pontualizada) e o período que decorre da promulgação da Constituição Portuguesa de 1976 até à assinatura do Tratado de Lisboa, em 13 de Dezembro de 2007, que criou a União Europeia, e que entrou em vigor em 1 de Dezembro de 2009.
    [Show full text]
  • Benedict XVI's “Hermeneutic of Reform” and Religious Freedom
    Nova et Vetera, English Edition, Vol. 9, No. 4 (2011): 1029 –54 1029 Benedict XVI’s “Hermeneutic of Reform” and Religious Freedom MARTIN RHONHEIMER Pontifical University of the Holy Cross Rome, Italy I. Continuity or Rupture: How Did Vatican II Understand the Church’s Relation with the Modern World? 1 INAnotable Christmas message given before the Roman Curia on December 22, 2005, Pope Benedict XVI cautioned against a widespread interpretation of the Second Vatican Council which would posit that the Church after the Council is different than the “preconciliar” Church. Benedict called this erroneous interpretation of the Council a “hermeneutic of discontinuity and rupture.” 1 The present article first appeared in German in Die Tagespost 115 (26 September 2009): 14, and online at KATH.NET, 28 September 2009 (www.kath.net/ detail.php?id=24068). A Spanish translation of the article appeared in the Appen - dix I of M. Rhonheimer, Cristianismo y laicidad: Historia y actualidad de una relación compleja, Ediciones (Madrid: Rialp, 2009), 167–79. The version presented here includes the text of that article in its entirety, expanded and provided with an appendix, which deals with specific questions concerning the continuity and infallibility of the ordinary universal magisterium, questions inherent to the prob - lem discussed here. This expanded version was first published in French as “L’«herméneutique de la réforme» et la liberté de religion,” in the French edition of Nova et Vetera 85 (2010): 341–63 (online: www.novaetvetera.ch/Art%20Rhon - heimer.htm) and in a slightly abridged version in Die Neue Ordnung 65, no. 4 (August 2011): 244–61.
    [Show full text]
  • Dignitatis Humanae and the Development of Moral Doctrine: Assessing Change in Catholic Social Teaching on Religious Liberty
    THE CATHOLIC UNIVERSITY OF AMERICA Dignitatis humanae and the Development of Moral Doctrine: Assessing Change in Catholic Social Teaching on Religious Liberty A DISSERTATION Submitted to the Faculty of the School of Theology and Religious Studies Of The Catholic University of America In Partial Fulfillment of the Requirements For the Degree Doctor of Philosophy By Barrett Hamilton Turner Washington, D.C 2015 Dignitatis humanae and the Development of Moral Doctrine: Assessing Change in Catholic Social Teaching on Religious Liberty Barrett Hamilton Turner, Ph.D. Director: Joseph E. Capizzi, Ph.D. Vatican II’s Declaration on Religious Liberty, Dignitatis humanae (DH), poses the problem of development in Catholic moral and social doctrine. This problem is threefold, consisting in properly understanding the meaning of pre-conciliar magisterial teaching on religious liberty, the meaning of DH itself, and the Declaration’s implications for how social doctrine develops. A survey of recent scholarship reveals that scholars attend to the first two elements in contradictory ways, and that their accounts of doctrinal development are vague. The dissertation then proceeds to the threefold problematic. Chapter two outlines the general parameters of doctrinal development. The third chapter gives an interpretation of the pre- conciliar teaching from Pius IX to John XXIII. To better determine the meaning of DH, the fourth chapter examines the Declaration’s drafts and the official explanatory speeches (relationes) contained in Vatican II’s Acta synodalia. The fifth chapter discusses how experience may contribute to doctrinal development and proposes an explanation for how the doctrine on religious liberty changed, drawing upon the work of Jacques Maritain and Basile Valuet.
    [Show full text]
  • Concordats As Instruments for Implementing Freedom of Religion
    Universal Rights in a World of Diversity. The Case of Religious Freedom Pontifical Academy of Social Sciences, Acta 17, 2012 www.pass.va/content/dam/scienzesociali/pdf/acta17/acta17-fumagalli.pdf Concordats as Instruments for Implementing Freedom of Religion Ombretta Fumagalli Carulli 1. ‘Historia concordatorum, historia dolorum’? Is this curial adage – with which in the past Concordats were criticized as mutual concessions of privileges between Church and State – still relevant today? Drawing on a question of a prominent member of the Italian Con- stituent Assembly, Giuseppe Dossetti (who was also a canon lawyer): are Concordats a ‘bad deal for the Church’? In order to answer, I would preliminarily clarify that Concordats are in- ternational treaties between two entities, the State and the Catholic Church, both sovereign in their own domain respectively, the temporal and the spir- itual one. They are just tools, in themselves they are neither good nor bad. They become good or bad depending on their contents. It would be interesting to retrace the historical development of Con- cordats in order to detect whether and how they have guaranteed freedom of religion in its three aspects, institutional, collective and individual. We could start with an initial arrangement (basically a concordat) still under emperor Commodus in Roman times, which allows a temporary cessation of persecution against Christians, to find that it guarantees religious freedom as a minimum existential level: the freedom to live as Christians. Or, for a formal agreement to ensure the libertas Ecclesiae, we refer to the Concordat of Worms (1122), which in the Middle Ages ended the Investiture Contro- versy, freeing the Church from the power of the Princes.
    [Show full text]
  • Il Rogo Degli Eretici Nel Medioevo
    Alma Mater Studiorum – Università di Bologna DOTTORATO DI RICERCA IN FILOLOGIA ROMANZA E CULTURA MEDIEVALE Ciclo XXV Settore Concorsuale di afferenza: 11 A/1 Settore Scientifico disciplinare: M STO /01 IL ROGO DEGLI ERETICI NEL MEDIOEVO Presentata da: Samuel Sospetti Coordinatore Dottorato Relatore Renzo Tosi Lorenzo Paolini Esame finale anno 2013 IL ROGO DEGLI ERETICI NEL MEDIOEVO Introduzione...................................................................................................................................... p. 1 CAP. I: I FONDAMENTI NORMATIVI DELLA PENA DEL ROGO 1. La pena di morte nei confronti degli eretici nella legislazione tardo- antica……………………………………………………………….………………………..……… .p. 5 2. Il Decretum di Graziano e la riflessione dei giuristi sulla condanna a morte degli eretici...........................................................................................................................p. 10 3. La procedura penale nei confronti degli eretici prima dell’Inquisizione e la repressione dell'eresia nella legislazione pontificia (XII-XIII secc.)…………………………………………………………………............................................p. 25 4. La comparsa del rogo nella legislazione federiciana..........................................p. 39 5. L’introduzione della pena del rogo nella legislazione statutaria...............................................................................................................................p. 45 6. Il rogo nella procedura inquisitoriale e il processo post mortem.................p. 55 CAP. II:
    [Show full text]
  • John Courtney Murray (1904-1967) Thomas Hughson Marquette University, [email protected]
    Marquette University e-Publications@Marquette Theology Faculty Research and Publications Theology, Department of 1-1-2004 Fidelity in Context: John Courtney Murray (1904-1967) Thomas Hughson Marquette University, [email protected] Published version. The Way, Vol. 43, No. 4 (October 2004): 95-109. Permalink. © 2004 The aW y Publications. Used with permission. FIDELITY IN CONTEXT John Courtney Murray (1904-1967) Thomas Hughson JOHN COURTNEY MURRAY, BERNARD LONERGAN AND KARL RAHNER— the three theologians whose centenaries this special number of The Way is celebrating—are important figures because they helped the Roman Catholic church develop, even if rather belatedly, a carefully positive relationship to modernity. All three showed that something in the Church loved something, even if not everything, in ‘the modern world’.1 Internationally, Murray may be the least familiar of the centenarians.2 He was an expert on Church-state relations and on religious liberty, and is best known for his work in producing Dignitatis humanae, the 1965 Declaration on Religious Freedom at Vatican II, a document which marked a turning-point in the self-understanding of Roman Catholics within pluralist and secular societies.3 Murray’s work is a model of reflective inculturation. He recognised that the democratic heritage of the United States had something to offer Catholic tradition; the flow of teaching between Rome and the local church needed to be two-way rather than one-way. 1 Of course it was not just Jesuits who were involved in this project, and perhaps we should mention with special honour another great figure born in 1904, the Dominican, Yves Congar.
    [Show full text]
  • El Economo Diocesano
    Di Nicco, Jorge Antonio El Ecónomo Diocesano Precisiones acerca de este oficio eclesiástico. Propuesta sobre el parágrafo tercero del canon 494 Tesis de Doctorado en Derecho Canónico Facultad de Derecho Canónico Este documento está disponible en la Biblioteca Digital de la Universidad Católica Argentina, repositorio institucional desarrollado por la Biblioteca Central “San Benito Abad”. Su objetivo es difundir y preservar la producción intelectual de la Institución. La Biblioteca posee la autorización del autor para su divulgación en línea. Cómo citar el documento: Di Nicco, J. A. (2012). El ecónomo diocesano : precisiones acerca de este oficio eclesiástico : propuesta sobre el parágrafo tercero del canon 494 [en línea]. Tesis de Doctorado, Universidad Católica Argentina, Facultad de Derecho Canónico. Disponible en: http://bibliotecadigital.uca.edu.ar/repositorio/tesis/economo-diocesano-precisiones.pdf [Fecha de consulta: ...] Pontificia Universidad Católica Argentina Facultad de Derecho Canónico Santo Toribio de Mogrovejo El Ecónomo Diocesano Precisiones acerca de este oficio eclesiástico. Propuesta sobre el parágrafo tercero del canon 494 Lic. Jorge Antonio DI NICCO Dissertatio ad doctoratum In Facultate Iuris Canonici Pontificae Universitatis Catolicae Argentinensis Buenos Aires 2012 Di Nicco, Jorge Antonio El Ecónomo Diocesano. Precisiones acerca de este oficio eclesiástico. Propuesta sobre el parágrafo tercero del canon 494 . - 1a ed. - Villa Luzuriaga : Kyrios, 2012. 295 p. ; 23x16 cm. ISBN 978-987-9178-81-2 1. Derecho Canónico. I. Título CDD 262.9 Fecha de catalogación: 01/11/2012 Vidimus et approbamus ad normam Statutorum Universitatis Buenos Aires, 1 de agosto de 2012 Director: Pbro. Dr. Alejandro W. BUNGE Censores: Pbro. Dr. Hugo VON USTINOV Mons. Dr. José BONET ALCÓN Imprimatur de S.E.R.
    [Show full text]
  • An Essay in Universal History
    AN ESSAY IN UNIVERSAL HISTORY From an Orthodox Christian Point of View VOLUME I. THE AGE OF FAITH (TO 1453) PART 2: from 800 to 1453 Vladimir Moss © Copyright Vladimir Moss. All Rights Reserved, 2017. 1 If the Emperor forgets the fear of God, he will inevitably fall into sin and be changed into a despot, he will not be able to keep to the customs established by the Fathers, and by the intrigues of the devil he will do that which is unworthy and contrary to the commandments of God, he will become hateful to the people, the senate and the Church, he will become unworthy to be called a Christian, he will be deprived of his post, will be subject to anathema, and, finally, will be killed as the ‘common enemy’ of all Romans, both ‘those who command’ and ‘those who obey’. Emperor Constantine VII, On the Government of the Empire. It is wonderful how, from the time when Pope Nicholas I tried to bring about the divorce between the two Churches, the downward course of Rome proceeded with such rapidity that one could not but recognize God’s finger on the wall, “Mene, mene, tekel, upharsin!” Joseph Overbeck. The judgement of God is higher than that of Rome… Pope Sylvester II (997). The Pope is truly the vicar of Jesus Christ, anointed of the Lord, set between God and man, lower than God but higher than man, who judges all and is judged by no-one. Pope Innocent III. The people should be led, not followed, as God has ordained… Those who say, ‘The voice of the people is the voice of God,’ are not to be listened to, for the unruliness of the mob is always close to madness.
    [Show full text]
  • Scandal Time by Richard John Neuhaus
    1 Scandal Time by Richard John Neuhaus Copyright (c) 2002 First Things (April 2002). The Public Square The timing, it seems, could not have been worse. In last month’s issue I offered my considered and heartfelt defense of Father Maciel, founder of the Legionaries of Christ, against unfounded charges of sexual abuse. I meant and I mean every word of what I said there. Just after the issue had gone to press, however, scandals involving sexual abuse by priests in Boston exploded, creating a level of public outrage and suspicion that may be unparalleled in recent history. The climate is not conducive to calm or careful thought about priests and sexual molestation. Outrage and suspicion readily lead to excess, but, with respect to developments in Boston, it is not easy to say how much outrage and suspicion is too much. Professor Philip Jenkins of Penn State University has written extensively on sexual abuse by priests, also in these pages (see “The Uses of Clerical Scandal,” February 1996). He is an acute student of the ways in which the media, lawyers, and insurance companies-along with angry Catholics, both liberal and conservative-are practiced at exploiting scandal in the service of their several interests. Scholars point out that the incidence of abusing children or minors is no greater, and may be less, among priests than among Protestant clergy, teachers, social workers, and similar professions. But, it is noted, Catholic clergy are more attractive targets for lawsuits because the entire diocese or archdiocese can be sued. That is a legal liability of the Church’s hierarchical structure.
    [Show full text]
  • Religious Exemption in Pre-Modern Eurasia, C. 300 -1300 Ce
    medieval worlds comparative & interdisciplinary studies No. 6/2017 RELIGIOUS EXEMPTION IN PRE-MODERN EURASIA, C. 300 -1300 CE medieval worlds comparative & interdisciplinary studies medieval worlds comparative & interdisciplinary studies Volume 2017.6 Religious Exemption in Pre-Modern Eurasia, c. 300-1300 CE Guest Editor: Charles West medieval worlds comparative & interdisciplinary studies All rights reserved ISSN 2412-3196 Online Edition Media Owner: Institute for Medieval Research Copyright © 2017 by Austrian Academy of Sciences, Vienna Cover design, layout: Anneke Gerloff Austrian Academy of Sciences Press Dr. Ignaz Seipel Platz 2, 1010 Vienna, Austria Tel. +43-1-515 81/DW 3402-3406 Fax +43-1-515 81/DW 3400 hw.oeaw.ac.at, verlag.oeaw.ac.at Editors Walter Pohl, Austrian Academy of Sciences/University of Vienna Andre Gingrich, Austrian Academy of Sciences/University of Vienna Editorial Board Maximilian Diesenberger, Austrian Academy of Sciences Bert Fragner, Austrian Academy of Sciences Christian Gastgeber, Austrian Academy of Sciences Johann Heiß, Austrian Academy of Sciences Claudia Rapp, Austrian Academy of Sciences/University of Vienna Irene van Renswoude, Huygens Institute for the History of the Netherlands/ Royal Netherlands Academy of Arts and Sciences Pavlína Rychterová, Austrian Academy of Sciences Veronika Wieser, Austrian Academy of Sciences International Advisory Board Glenn Bowman , University of Kent Sabrina Corbellini, University of Groningen Mayke de Jong, Utrecht University Nicola di Cosmo, Institute for Advanced Study,
    [Show full text]
  • Theologiae Moralis
    SUMMA THEOLOGIAE MORALIS SCHOLARUM USUI ACCOMMODAVIT H. NOLDIN S. J. S Theologiae professor in Universitate Oenipontana COMPLEMENTUM SECUNDUM: DEÉCENSURIS DE CENSURIS SCHOLARUM USUI ACCOMMODAVERAT H. NOLDIN S.j. S. Theologiae professor in Universitate Oenipontana CODICI IURIS CANONICI ADAPTAVIT A. SCHONEGGERS. J. Professor Iuris Canonici in Universitate Oenipontana Editio XXIX (CIC adaptata XVIDĎ 1935 OENIPONTE / TYPIS ET SUMPTIBUS F. RAUCH Ratisbonae et Neo Eboraci apud Fridericum Pustet Printed in Austria. Imprimi potest. St. Pólten, die 25. Augusti 1934. Aloisius Ersin, Praep. Prov. Austriae. Imprimatur. Nr. 2978. Administratura Apostolica Oeniponte, die 3. Septembris 1935. Urban Draxl, Provicarius. Introductio.") Tractatum de poenis ecclesiasticis, guae ad obiectum proprium iuris canonici pertinent, Noldin theologiae morali addendum duxit, guia in nonnullis scholis professor theologiae moralis etiam de poe­ nis ecclesiasticis agit. In accommodanda hac nova editione ad nor­ mas Codicis iuris canonici, guamguam mens erat intactum relinguere guantum fieri posset clarissimi auctoris tractatum de poenis eccle­ Siasticis, tamen nennulla tamguam obsoleta erant omittenda, alia cum novissimo iure non iam concordantia immutanda, non pauca ex Codice iuris canonici addenda. 1. a. Potestas, guam Christus Ecclesiae suae contulit, ut fideles per eam ad finem supernaturalem vitae aeternae dirigerentur, duplex est: potfestas ordinis, guae est aptitudo ordine sacramentali acguisita peragendi guasdam actiones sacras, praesertim vero oblationem sacrificii eucharistici et administrationem sacramentorum et sacramentalium, et po­ testas iurisdictionis, guae est potestas regendi fideles in ordine ad salutem aeternam. 1) Thesaurus-Giraldi, De poenis ecclesiasticis. J. Hollweck, Die kirchlichen Strafgesetze (Mainz. Kirchheim. 1899). Ballerini-Pal­ mieri, Opus theol. morale* (Prati. Giachetti. 1901) VII. De poenis ecclesiasticis. Lehmkuhl, Theologia moralistž (Friburgi. Herder.
    [Show full text]