Philosophy and Canon Law

Vol. 3 Church and State: Promotion of Economic, Social, and Cultural Rights of the Human Person

Wydawnictwo Uniwersytetu Śląskiego • Katowice 2017 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), Adrian Loretan (University of Lucerne, Switzerland), Janusz Kowal (Pon- tifical 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 Tr- nava, 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), Damián 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 Philosophy

Leo D. Lefebure Ancient Mediterranean Roots of Perspectives on Human Rights 7

Pavol Dancák The Human Person’s Dignity and Compassion 19

Aneta Gawkowska Looking for Foundations: Nature, Society, and Rights 33

John P. Hittinger The Revolution of Conscience in Centesimus Annus 61

Krzysztof T. Wieczorek Józef Tischner’s Ethics of Solidarity 71

Arkadiusz Wuwer The Church Engaged in Economy—Is It Neccessary? 91

Roman Míčka Pope John Paul II’s Criticism of “Human Rightism” and Its Further Development 109

Part Two Canon Law Józef Krukowski The Standpoint of the Holy See on Communism. From Benedict XV to John Paul II 129 4 Contents

Małgorzata Tomkiewicz Cooperation of Common Courts and Ecclesiastical Courts in Poland for the Com- mon and Individual Good 149

Lucjan Świto Does Labor Law Apply in the Church? An Analysis of the socio-Legal Condi- tions on the Example of Latin Church in Poland 163

Andrzej Pastwa In the Circle of the “Culture of Indissolubility”: Family as the First and Funda- mental Structure of “Human Ecology” 177

Michał Poniatowski The Family as an Entity in the Polish Legal Order 197

Damián Němec Legal Subject of Family in the Czech Judicial System 219

Stanislav Přibyl The Principle of Subsidiarity in the Code of Canon Law 241

Part Three Reviews

Patrick Deneen, Why Liberalism Failed — Brian Jones 259 Pierre Manent, Seeing Things Politically: Interviews with Bénédicte Delorme- Montini — John P. Hittinger 265 George Weigel, Lessons in Hope: My Unexpected Life with St. John Paul II — John P. Hittinger 271 Martin Dojčár, Self-Transcendence and Prosociality — Pavol Dancák 275 Aniela Dylus, Polityka w perspektywie etycznej i religijnej; Aniela Dylus, Go- spodarka w perspektywie etycznej i religijnej — Arkadiusz Wuwer 277 Jiří Rajmund Tretera, Záboj Horák, Konfesní pro; Jiří Rajmund Tretera, Záboj Horák, Církevní právo — Stanislav Přibyl 281 Rafał Paprzycki, Prawna ochrona wolności sumienia i wyznania — Piotr Kroczek 285 Hieronim Kaczmarek OP, Czechy. Kościół i państwo — Damián Němec 289 Notes on Contributors 293 Philosophy and Canon Law vol. 3 (2017), pp. 293–296

Notes on Contributors

Pavol Dancák, Professor, Ph.D., graduated from the Cyril and Methodius Ro- man Catholic Faculty of Theology in Bratislava in 1988, and in the same year received the priest’s ordination. He worked as a parish priest and in 1996 was appointed as a censor in beatification of Bishop Paul Peter Gojdič, and later also in the process of beatification of Bishop Vasil Hopko, Th.D. In 1995, he began to study philosophy at the Philosophical Faculty of Papal Theological Academy in Cracow. In 2001, with the supervision of Professor Karol Tarnowski, he de- fended his postgraduate dissertation The Issue of Education in Teaching of John Paul II. On April 27, 2005, he attained the habilitation in history of philosophy with a book Historical and Philosophical Reflections of Paideia in Works of Karol Wojtyla, at the Faculty of Arts, University of Prešov in Prešov, and on January 29, 2011, he was appointed Professor of History of Philosophy. On August 1, 2002, he was employed as Vice-Dean for Development and External Relations Greek Catholic Theological Faculty of University of Prešov in Prešov, Slovak Republic, and currently Professor Dancák is the Head of Department of Philosophy and Religion. He is a member of the Academic Council of GTF UP in Prešov and the Academic Council of the St. Elizabeth University of Health and Social Work in Bratislava.

Aneta Gawkowska, Ph.D. habil., assistant professor at the Chair of Sociology and Anthropology of Custom and Law, Institute of Applied Social Sciences, University of Warsaw, where she teaches on sociological theories, communi- tarianism, and New Feminism. Awarded scholarships at the Institute of Hu- man Sciences in Vienna and at the University of Notre Dame (USA). Author of the book Taking Community Seriously? Communitarian Critiques of Liberalism (Warszawa 2011) and Skandal i ekstaza. Nowy Feminizm na tle koncepcji po- 294 Notes on Contributors jednania według Jana Pawła II [Scandal and Ecstasy. New Feminism within the Background of the Concept of Reconciliation according to John Paul II] (War- szawa 2015), and numerous articles; co-editor of the book Teorie wspólnotowe a praktyka społeczna: Obywatelskość, polityka, lokalność (Warszawa 2005). Her academic interests include: social theory, political philosophy, communitarian theories, New Feminism, and theology of the body.

John P. Hittinger, the Center for Thomistic Studies at the University of St. Thomas, Houston, Texas, USA. He is the founder and director of the Pope John Paul II Forum for the Church in the Modern World. He holds degrees from the University of Notre Dame and the Catholic University of America. Dr. Hittinger has published articles on political philosophy, just war theory, and the thought of Karol Wojtyła. He is an ordinary member of the Pontifical Academy of St. Thomas Aquinas.

Józef Krukowski, Professor ordinarius of law, professor of Catholic Univer- sity of Lublin of John Paul II (1965–2015) and University of Cardinal Stefan Wyszyński in Warsaw (1994–2015), consultor to the Pontifical Commission for Legal Texts in Vatican (1985–), representative of Conference of Polish Epis- copacy to the National Assembly of the Constitution of Republic of Poland (1984–1987), member of the Parliamentary Commission for the Ratification of Concordat between Holy See and Poland (1984–1997), president of the Legal Commission of the Polish Academy of Sciences. Branch in Lublin (2014–), president of the Polish Society of Canon Law (1991–).

Leo D. Lefebure, is the Matteo Ricci, S.J., professor of Theology at George- town University. He is the author of True and Holy: Christian Scripture and Other Religions, which received the 2015 Catholic Press Association First Place Award for best academic book on scripture. He is the co-author of The Path of Wisdom: A Christian Commentary on the Dhammapada, which received the 2011 Frederick J. Streng Book Award from the Society for Buddhist-Christian Studies. He is also the author of The Buddha and the Christ and of Revelation, the Religions, and Violence, which received the Pax Christi USA 2001 Book Award. He is an Honorary Research Fellow of the Chinese University of Hong Kong and a Trustee Emeritus of the Council for a Parliament of the World’s Religions.

Roman Míčka, Dr. Th.D., Ph.D. (1976), assistant professor at the Department of Ethics, Psychology and Charity Work at the Faculty of Theology, University of South Bohemia in České Budějovice, Czech Republic. His research focuses on the Catholic social doctrine and social ethics, American political Catholi- cism, and relations between politics, economics, and religion. He is a member Notes on Contributors 295 of the Czech Christian Academy, the Church Law Society, the Czech Society for Political Science and the Work Group for Social Issues by the Czech Bishops Conference.

Damián Němec, OP, Assistant professor at the Palacký University of Olomouc, Head of the Department of Church Law, teaching canon law and ecclesiastical law at the Faculty of Theology and at the Faculty of Philosophy. Research worker at the Faculty of Law at the University of Trnava (Slovak Republic). Specialist in the area of the law of consecrated life (including participation on the elaboration of several Constitutions of some religious institutes), of the law of sacraments and of the Church-state-relationship, especially of the concordats between the Holy See and individual States. Translator of several official docu- ments of the Catholic Church into Czech. Translator of liturgical texts of the Catholic Church into Czech.

Andrzej Pastwa, Professor UŚ, Priest in the Archdiocese of Katowice, Head of Department of Canon Law and Ecumenical Theology at the Faculty of Theol- ogy at the University of Silesia. He is a member of Consociatio Internationalis Studio Iuris Canonici Promovendo, Consociatio Iuris Canonici Polonorum, as well as Commission for Polish-Czech and Polish-Slovak Relations of the Pol- ish Academy of Sciences. His scholarly achievements contain, among others, monographs: Prawne znaczenie miłości małżeńskiej (Katowice 1999), Istotne elementy małżeństwa. W nurcie odnowy personalistycznej (Katowice 2007), “Przymierze miłości małżeńskiej.” Jana Pawła II idea małżeństwa kanonicz- nego (Katowice 2009) and recently Dobro małżonków. Identyfikacja elementu „ad validitatem” w orzecznictwie Roty Rzymskiej (Katowice 2016). Editor of Ecumeny and Law.

Michał Poniatowski, Attorney of the Bar Association, Church Attorney, As- sistant Professor at Cardinal Stefan Wyszynski, Member of the Association of Polish Canonists, Member of the Polish Society of Religious Law and the Sci- entific Association of the Catholic University of Lublin, author of numerous publications on religious law, constitutional law, and international law.

Stanislav Přibyl, Ph.D., J.C.D, is a priest of the Catholic Prague Archdiocese. He was ordained in 1996. He studied at the Law School of Charles University in Prague and at the Faculty of Canon Law at the Institutum Utriusque Iuris of the Pontifical Lateran University in Rome. His thesis Ekumenismus a právo [Ecumenism and Law] was published in 2006. In 2011, he received the degree of docent following a successful defence of his study Tschechisches Staatskirch- enrecht nach 1989. He is a judge of the Metropolitan Church Court in Prague; teaches church and civil law at the Theological School of South Bohemian Uni- 296 Notes on Contributors versity in České Budějovice. He also works as a researcher at the Institute of Religious Liberty Questions in the Faculty of Law in Trnava. Presently serves as a spiritual administrator of the St. Gabriel Church in Prague–Smíchov.

Lucjan Świto, a priest in the Archdiocese of Warmia, graduated from the “Ho- sianum” Seminary in Olsztyn and the Faculty of Canon Law at the Cardinal Ste- fan Wyszyński University in Warsaw. He also studied at the Faculty of Canon Law of the Gregorian University in Rome, as well as at the Congregation for Divine Worship and the Discipline of the Sacraments and at the Apostolic Tribu- nal of the Roman Rota in Rome. He obtained the title of doctor, followed by doctor habilitated, at the Faculty of Canon Law at the Cardinal Stefan Wyszyński University in Warsaw. Currently, he is a judicial vicar at the Metropolitan Court of the Archdiocese of Warmia as well as the Head of the Department of Canon Law and Philosophy at the Faculty of Theology of the University of Warmia and Mazury in Olsztyn.

Małgorzata Tomkiewicz, Doctor of Juridical Science, judge, lecturer in law at the Faculty of Theology, University of Warmia and Mazury (UWM) in Olsztyn, author of several dozen publications on religious law.

Krzysztof T. Wieczorek, Professor, Ph.D., director of the Unit of Logic and Methodology of the Institute of Philosophy at the University of Silesia. Studied mathematics at the University of Silesia; two semesters of theology at Albert Ludwigs University of Freiburg, and philosophy in Cracow and Lublin. Sci- entific titles and degrees: 1978 Master of Science in Mathematics MSM; 1986 Doctorate degree in Philosophy; 1994 Habilitation Thesis in Philosophy; 2005 Full professor in Philosophy. Author of four books, co-author of five. Published more than 200 articles. Visiting professor at J. Palacki University, Olomouc; M. Bela University, Banska Bystrica; P. J. Safarik University, Koszyce. Research cooperation, among others, with „Die Wolfsburg” Katholische Akademie des Bistums Essen; „Renovabis” Solidaritatsaktion der Diözese München/Freising, Europäische Akademie für Lebensforschung, Integration und Zivilgesellschaft, Wien.

Arkadiusz Wuwer, Ph.D. in the humanities (sociology), habilitation in theology in the field of Catholic social teaching; adjunct professor at the Chair of Moral Theology and Catholic Social teaching at the Faculty of Theology of the Uni- versity of Silesia in Katowice). Author and editor of 12 books and several dozen articles. Area of research: history of Catholic social teaching, evolution of social ideas, ethical aspect of social transformations. The publication is indexed in the following databases:

BazHum Central and Eastern European Online Library (CEEOL) Index Copernicus Worldcat Erih Plus

Copy editor Gabriela Marszołek Cover design Emilia Dajnowicz Typesetting Alicja Załęcka

ISSN 2450-4955 (print edition) ISSN 2451-2141 (digital edition)

Published by Wydawnictwo Uniwersytetu Śląskiego ul. Bankowa 12B, 40-007 Katowice www.wydawnictwo.us.edu.pl e-mail: [email protected] First impression. No. of copies: 70 + 35. Printed sheets: 18.5. Publishing sheets: 22.5. Alto paper, 80 g, vol. 1.5 Price 22 zł (+ VAT) Printing and binding: Volumina.pl Daniel Krzanowski ul. Księcia Witolda 7–9, 71-063 Szczecin