A Papal Decree Definition
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The Catholic Church in the Czech Republic
The Catholic Church in the Czech Republic Dear Readers, The publication on the Ro- man Catholic Church which you are holding in your hands may strike you as history that belongs in a museum. How- ever, if you leaf through it and look around our beauti- ful country, you may discover that it belongs to the present as well. Many changes have taken place. The history of the Church in this country is also the history of this nation. And the history of the nation, of the country’s inhabitants, always has been and still is the history of the Church. The Church’s mission is to serve mankind, and we want to fulfil Jesus’s call: “I did not come to be served but to serve.” The beautiful and unique pastoral constitution of Vatican Coun- cil II, the document “Joy and Hope” begins with the words: “The joys and the hopes, the grief and the anxieties of the men of this age, especially those who are poor or in any way afflicted, these are the joys and hopes, the grief and anxieties of the followers of Christ.” This is the task that hundreds of thousands of men and women in this country strive to carry out. According to expert statistical estimates, approximately three million Roman Catholics live in our country along with almost twenty thousand of our Eastern broth- ers and sisters in the Greek Catholic Church, with whom we are in full communion. There are an additional million Christians who belong to a variety of other Churches. Ecumenical cooperation, which was strengthened by decades of persecution and bullying of the Church, is flourishing remarkably in this country. -
From Papal Bull to Racial Rule: Indians of the Americas, Race, and the Foundations of International Law
Vera: From Papal Bull to Racial Rule: Indians of the Americas, Race, an FROM PAPAL BULL TO RACIAL RULE: INDIANS OF THE AMERICAS, RACE, AND THE FOUNDATIONS OF INTERNATIONAL LAW KIM BENITA VERA* The "discovery" and conquest of the "New World" marked the inauguration of international law,' and constituted a watershed moment in the emergence of race in European thought.2 What might the coterminous rise of formative. moments in race thinking and international law suggest? In my provisional reflections on this question that follow, I trace juridical and religio-racial conceptions of indigenous peoples of the Americas as a central thread in the evolution of international law. I will begin with a discussion of the fifteenth-century papal bulls issued in regard to the Portugal-Spain disputes over lands in Africa and the Americas. I will then proceed to follow some strands of racial and juridical thought in the accounts of Francisco de Vitoria and Hugo Grotius, two founding figures in international law. I suggest that Vitoria's treatise, On the Indians Lately Discovered,3 evinces the beginnings of the shift Carl Schmitt identifies from the papal authority of the respublica Christiana to modern international law.4 Vitoria's account, moreover, is both proto-secular and proto-racial. * Assistant Professor, Legal Studies Department, University of Illinois at Springfield, J.D./Ph.D., Arizona State University, 2006. 1. See, e.g., CARL ScHMrT, THE NOMOS OF THE EARTH IN THE INTERNATIONAL LAW OF THE Jus PUBLICUM EUROPAEUM 49 (G. L. Ulmen trans., 2003). 2. DAVID THEO GOLDBERG, RACIST CULTURE: PHILOSOPHY AND THE POLITICS OF MEANING 62 (1993). -
Renaissance Popes and What They Did Source: Mcbrien, Richard; Lives of the Popes, Harper Collins, San Francisco, 1997
Renaissance Popes and what they did Source: McBrien, Richard; Lives of the Popes, Harper Collins, San Francisco, 1997. Nicholas V (1447-1455) • The first Renaissance Pope. • His book collection formed the nucleus of the Vatican Library • Was Pope when Constantinople fell • Tried to organize a crusade to retake Constantinople; couldn’t raise the funds Calixtus III (Spanish, 1455-1458) • Tried to finance a fleet to retake Constantinople (Indulgences, taxes, selling Vatican artworks/books) • French and Germans objected to heavy-handed fundraising tactics. • Made two nephews into Cardinals, one of whom became Pope Alexander VI (nepotism) Pius II (1458-1464) • Encouraged arts and literature to thrive • Called for Crusade against the Turks o Met opposition from rulers because of funding concerns o Blamed church councils for his weakness and opposed conciliarism • Went on Crusade anyway and died in transit Paul II (1464-1471) • A true medieval Pope, the only one of this period who was not a humanist • Banned the study of pagan poetry, such as Virgil and Homer • Angered humanists and was one of the least popular Popes in history • Also tried to send a Crusade to Constantinople and also failed Sixtus IV (1471-1484) • Sistine Chapel begun and named after him • Authorized Spanish Inquisition • Made two nephews cardinals, one of whom became Pope Julius II • Wanted a Crusade against Turks but rulers still didn’t really care for it • Drained treasury and approved the sale of indulgences to replenish it • Paid little attention to qualifications when -
The Jurisprudence of the Tribunal of Roman Rota As Precedents to the Local Church Tribunals
The Jurisprudence of the Tribunal of Roman Rota as Precedents to the Local Church Tribunals Anthony B. C. Chiegboka and Kanayo Louis Nwadialor DOI: http://dx.doi.org/10.4314/ujah.v14i1.11 Abstract The Apostolic tribunals especially the tribune of the Roman Rota is charged with the unity of jurisprudence and the responsibility to oversee the proper administration of justice since the doctrine of judicial precedents do not exist within the canonical jurisprudence of the local Churches. As such the local Churches must look to the jurisprudence and praxis of the Roman Curia in supplying for an express prescription of law. In line with the above therefore, this paper has discussed the basic issues of the Roman Rota as it is endowed with the status of judicial precedents considered necessary to serve as a guide and orientation for the interpretation of law in the local Church tribunals. Introduction John Paul 11(1988) provided for the judicial competences of some tribunals of the dicasteries of the Roman Curia (e.g. Congregation for Doctrine of Faith on graviora delicta-art 53; Congregation for Divine Worship and Discipline of Sacraments, non-consummation-art 67 and nullity of ordination-art 68 etc.) differently from the de facto Apostolic Tribunals (i.e. The Apostolic Penitentiary-artt. 117-120; The Supreme Tribunal of the Apostolic Signatura-artt. 121-125 and The Tribunal of the Roman Rota-artt. 126-130). These dicasteries present different nuances of authority and 185 Chiegboka & Nwadialor: The Jurisprudence of the Tribunal of Roman Rota as … authenticity. For instance, there is no appeal against the judgement of the Supreme Tribunal of the Apostolic Signatura (can 1629, 1°) and the Congregation for Doctrine of faith in graviora delicta (grave delicts) cases. -
Process and Policy in the Courts of the Roman Curiat
CALIFORNIA LAW REVIEW [Vol. 58:628 The Steady Man: Process and Policy in the Courts of the Roman Curiat John T. Noonan, Jr.* The two marriages of Charles, Duke of Lorraine, led to one of the most fascinating canonical trials of the seventeenth century. Professor Noonan uses this trial and its attendant circumstances as a springboard from which to examine the policies, procedures, and politics of post-RenaissanceRoman Catholic law. His Article under- lines the problems faced by a legal system that attempts to regulate the relationshipbetween man and woman. In broader perspective, it analyzes the reaction of a legal system forced to compromise between abstract social values and practical necessity. Professor Noonan's analytical framework can be profitably utilized as a tool to examine the manner in which our current social policies are implemented and administered. Anthropology rightly devotes great effort to deciphering the primi- tive attempts of men to make law in the primordial patterns, for from this effort will come material to illuminate our own behavior. But just as child psychology does not exhaust the study of man, so there is need to understand critically the functions of law in a more sophisticated phase. In its developed uses we are more likely to see analogues to our present problems, more likely to gain insights into the purposes, perver- sions, characteristics, and limits of the legal way of ordering human behavior in a mature society. Especially is this true of a system far enough removed from our own to be looked at from a distance but close enough in its assumption and its methods so that comprehension is not strained. -
The Christian Doctrine of Discovery
The Christian Doctrine of Discovery By Dan Whittemore, Denver, Colorado, USA For centuries, indigenous peoples around the world have suffered the disastrous impact of European colonization. As a Christian, descended from Europeans, I am remorseful and repentant because I am complicit in this problem. Undoubtedly some of my ancestors helped create the situation that has resulted in discrimination and prejudicial and derogatory concepts of the original inhabitants. Broken contracts, ignorance of native culture and spirituality, and illegitimate appropriation of lands have contributed to poverty and psychological damage that persist. We are challenged to examine the root causes and make corrections. The centuries-old Christian Doctrine of Discovery, if repudiated, could initiate justice for all indigenous people. The Doctrine of Discovery is the premise that European Christian explorers who “discovered” other lands had the authority to claim those lands and subdue, even enslave, peoples simply because they were not Christian. This concept has become embedded in the legal policies of countries throughout the world. This is an issue of greed, oppression, colonialism, and racism. The doctrine’s origins can be traced to Pope Nicholas V, who issued the papal bull1 Romanus Pontifex in 1455 CE. The bull allowed Portugal to claim and conquer lands in West Africa. After Christopher Columbus began conquering newly “found” lands in the Americas, Pope Alexander VI granted to Spain the right to claim these lands with the papal bull, Inter caetera, issued in 1493. The Treaty of Tordesillas settled competition between Spain and Portugal. It established two principles: 1) that only non-Christian lands could be taken, and 2) that potential discoveries would be allocated between Portugal and Spain by drawing a line of demarcation. -
Doctrine, Law and Practice in Light of Mitis Iudex and Amoris Laetitia”
“Doctrine, Law and Practice in Light of Mitis Iudex and Amoris Laetitia” Keynote Address for the North West Regional Canon Law Convention Portland, Oregon May 2, 2017 † Most Reverend Thomas John Paprocki* My dear brothers and sisters in Christ: It is good to be with you here at the North West Regional Canon Law Convention. The topic of my presentation is, “Doctrine, Law and Practice in Light of Mitis Iudex and Amoris Laetitia.” There are many issues pertaining to justice and mercy in relation to doctrine, canon law and pastoral practices regarding marriage and divorce that have arisen from two documents issued by His Holiness Pope Francis: first, his Apostolic Letter issued motu proprio, Mitis Iudex Dominus Iesus, by which the canons of the Code of Canon Law pertaining to cases regarding the nullity of marriage were reformed, with an effective date of December 8, 2015; second, his Post-Synodal Apostolic Exhortation, Amoris Laetitae, on love in the family, issued on the Solemnity of Saint Joseph, March 19, 2016. *Bishop of Springfield in Illinois and Adjunct Professor of Law, Notre Dame Law School, South Bend, Indiana, and Loyola University Chicago School of Law. 2 LAW FOLLOWS THEOLOGY In discussing these issues, it is essential to see that law in the Church is not just a question of following rules, but how the law guides our free moral choices between right and wrong as disciples of Jesus of Christ and stewards of God’s creation. As a canon lawyer and as a professor of canon law, I have always tried to abide by the maxim, “law follows theology,” that is, law does not emerge ex nihilo, out of nothing, nor does it exist in a vacuum isolated from its moral and theological underpinnings. -
Christopher White Table of Contents
Christopher White Table of Contents Introduction .................................................................................................................................................. 4 Peter the “rock”? ...................................................................................................................................... 4 Churches change over time ...................................................................................................................... 6 The Church and her earthly pilgrimage .................................................................................................... 7 Chapter 1 The Apostle Peter (d. 64?) : First Bishop and Pope of Rome? .................................................. 11 Peter in Rome ......................................................................................................................................... 12 Yes and No .............................................................................................................................................. 13 The death of Peter .................................................................................................................................. 15 Chapter 2 Pope Sylvester (314-335): Constantine’s Pope ......................................................................... 16 Constantine and his imprint .................................................................................................................... 17 “Remembering” Sylvester ...................................................................................................................... -
The Restoration of the Roman Catholic Hierarchy in England 1850: a Catholic Position
University of Windsor Scholarship at UWindsor Electronic Theses and Dissertations Theses, Dissertations, and Major Papers 1-1-1958 The restoration of the Roman Catholic hierarchy in England 1850: A Catholic position. Eddi Chittaro University of Windsor Follow this and additional works at: https://scholar.uwindsor.ca/etd Recommended Citation Chittaro, Eddi, "The restoration of the Roman Catholic hierarchy in England 1850: A Catholic position." (1958). Electronic Theses and Dissertations. 6283. https://scholar.uwindsor.ca/etd/6283 This online database contains the full-text of PhD dissertations and Masters’ theses of University of Windsor students from 1954 forward. These documents are made available for personal study and research purposes only, in accordance with the Canadian Copyright Act and the Creative Commons license—CC BY-NC-ND (Attribution, Non-Commercial, No Derivative Works). Under this license, works must always be attributed to the copyright holder (original author), cannot be used for any commercial purposes, and may not be altered. Any other use would require the permission of the copyright holder. Students may inquire about withdrawing their dissertation and/or thesis from this database. For additional inquiries, please contact the repository administrator via email ([email protected]) or by telephone at 519-253-3000ext. 3208. THE RESTORATION OF THE ROMAN CATHOLIC HIERARCHY IN ENGLAND ^ 1850 1 A CATHOLIC POSITION Submitted to the Department of History of Assumption University of Windsor in partial fulfillment of the requirements for the degree of Master of Arts. by Eddi Chittaro, B.A* Faculty of Graduate Studies 1 9 5 8 Reproduced with permission of the copyright owner. -
Doctrine of Discovery: Questions and Answers
Doctrine of Discovery: Questions and Answers Q. What is the Doctrine of Discovery? The Doctrine of Discovery is a principle of international law dating from the late 15th century. It has its roots in a papal decree issued by Pope Nicholas V in 1452 that specifically sanctioned and promoted the conquest, colonization, and exploitation of non-Christian territories and peoples. Hundreds of years of decisions and laws continuing right up to our own time can ultimately be traced back to the Doctrine of Discovery—laws that invalidate or ignore the rights, sovereignty, and humanity of indigenous peoples in the United States and around the world. Q. Why does the Doctrine of Discovery still matter when it is over 500 years old? It is still in effect and is written into settled US law since 1823 about a land dispute between two individuals (Under Chief Justice John Marshall). It forms the basis for “Manifest Destiny,” the expansion into Indian lands. It is used to justify legal and forcible takeover of indigenous lands, without just compensation. The Discovery Doctrine is a concept of public international law expounded by the United States Supreme Court in a series of decisions, most notably Johnson v. McIntosh in 1823. In this Supreme Court case, Chief Justice John Marshall's opinion in the unanimous decision held "that the principle of discovery gave European nations an absolute right to New World lands." In essence, American Indians had only a right of occupancy, which could be abolished.” (Source: www.redlakenationnews.com/story/2017/06/15/news/doctrine- of-discovery-repudiated/61672.html) It is used to interpret Indian Treaties in a way that has undermined treaty rights. -
17 Infidel Turks and Schismatic Russians in Late Medieval Livonia
Madis Maasing 17 Infidel Turks and Schismatic Russians in Late Medieval Livonia 17.1 Introduction At the beginning of the sixteenth century, political rhetoric in Livonia was shaped by the threat posed by an alien power: Following a significant deterio- ration in the relations between the Catholic Livonian territories and their mighty Eastern Orthodox neighbour – the Grand Duchy of Moscow – war broke out, lasting from 1501 to 1503, with renewed armed conflict remaining an immi- nent threat until 1509. During this period of confrontation, and afterwards, the Livonians (i.e., the political elite of Livonia) fulminated in their political writ- ings about the gruesome, schismatic, and even infidel Russians, who posed a threat not only to Livonia, but to Western Christendom in general. In the Holy Roman Empire and at the Roman Curia, these allegations were quite favoura- bly received. Arguably, the Livonians’ greatest success took the form of a papal provision for two financially profitable anti-Russian indulgence campaigns (1503–1510). For various political reasons, the motif of a permanent and general ‘Russian threat’ had ongoing currency in Livonia up until the Livonian War (1558–1583). Even after the collapse of the Livonian territories, the Russian threat motif continued to be quite effectively used by other adversaries of Mos- cow – e.g., Poland-Lithuania and Sweden. I will focus here first and foremost on what was behind the initial success of the Russian threat motif in Livonia, but I will also address why it persisted for as long as it did. A large part of its success was the fact that it drew upon a similar phenomenon – the ‘Turkish threat’,1 which played a significant role in the political rhetoric of Early Modern Europe, especially in south-eastern 1 This research was supported by the Estonian Research Council’s PUT 107 programme, “Me- dieval Livonia: European Periphery and its Centres (Twelfth–Sixteenth Centuries)”, and by the European Social Fund’s Doctoral Studies and Internationalization Programme DoRa, which is carried out by Foundation Archimedes. -
The Obligation of the Christian Faithful to Maintain
THE OBLIGATION OF THE CHRISTIAN FAITHFUL TO MAINTAIN ECCLESIAL COMMUNION WITH PARTICULAR REFERENCE TO ORDINATIO SACERDOTALIS by Cecilia BRENNAN Master’s Seminar – DCA 6395 Prof. John HUELS Faculty of Canon Law Saint Paul University Ottawa 2016 ©Cecilia Brennan, Ottawa, Canada, 2016 2 TABLE OF CONTENTS INTRODUCTION……………………………………………………………………3 1 – THE OBLIGATION TO MAINTAIN ECCLESIAL COMMUNION ………5 1.1 – The Development and Revision of canon 209 §1 …………………………...6 1.1.1 The text of the Canon ………………………………..……………… 7 1.1.2 The Terminology in the Canon …………………………….……..….. 7 1.2 – Canonical Analysis of c. 209 §1 ………………………………………..… 9 1.3 –Communio and Related Canonical Issues ………………………………..... 10 1.3.1 Communio and c. 205 …………..…………………………………… 10 1.3.2 Full Communion and Incorporation into the Church ………….…… 11 1.3.3 The Nature of the Obligation in c. 209 §1 ………………………….. 13 2 –THE AUTHENTIC MAGISTERIUM ………………………………………… 16 2.1 – Magisterium ………………………..………………………………….….… 18 2.1.1 Authentic Magisterium …………….…………………………..……. 18 2.1.2 Source of Teaching Authority….…………….………………………. 19 2.2 – Levels of Authentic Magisterial Teachings ………………………..………. 20 2.2.1. Divinely Revealed Dogmas (cc. 749, 750 §1) …………………..… 22 2.2.2 Teachings Closely Related to Divine Revelation (c. 750 §2) ……..... 25 2.2.3. Other Authentic Teachings (cc. 752-753) ………………………….. 26 2.3 – Ordinary and Universal Magisterium ……………………………………….. 27 2.3.1 Sources of Infallibility ………………………………………………. 29 2.3.2 The Object of Infallibility …………………………..…….….……… 30 3 – ORDINATIO SACERDOTALIS ……………………………………………….. 32 3.1 – Authoritative Status of the Teaching in Ordinatio sacerdotalis ……….…. 33 3.1.1 Reactions of the Bishops ……………………………………………..33 3.1.2 Responsum ad propositum dubium ……………..……………………35 3.2 – Authority of the CDF ………………………………………………………37 3.3 – Exercise of the Ordinary and Universal Magisterium …………………..… 39 3.3.1 An Infallible Teaching ………………….……………..…………….