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 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 philoso- phy with a book Historical and Philosophical Reflections of Paideia in Works of Karol Wojtyła, 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. Rudolph Dupkala, graduated from the Faculty of Arts at the Pavol Jozef Šafárik University in Prešov. He studied and gave lectures at the Lomonosov University in Moscow, L’Université dété in Paris, Masaryk University in Brno, Uniwersytet Rzeszowski in Rzeszów, etc. His teaching and research focus on the history of philosophy and ethics, philosophy of culture and civilizations. He is the author of seven scientific monographs, four out of which published in foreign languages and abroad. He has extensive managerial experience, especially in the university environment. For almost 20 years, he held various academic positions (Head 298 Notes on Contributors of department, Chairman of the Academic Senate, Chairman of the Scientific Council, Dean of the Faculty of Arts at the Prešov University). Tomasz Gałkowski C.P., Associate professor at the Cardinal Stefan Wyszyński University in Warsaw (UKSW), graduated from the Pontifical Faculty of Theol- ogy “Bobolanum”: SJ in Warsaw. In the years 1991–1995 he studied Canon Law at the Pontifical Gregorian University in Rome, where on the basis of the dissertation “Il quid ius nellà realta umana e nella Chiesa” he received his doctoral degree. He was awarded with the Bellarmin’s Prize for his publication (Analecta Grego- riana 269, Roma 1996). In 2007, he received a postdoctoral degree at the Faculty of Canon Law from the Cardinal Stefan Wyszyński University in Warsaw. His monograph Right—Duty. Priority and Interdependence in the Law Orders: Ca- nonical and the Secular Society earned him the Prize of the Rector of the Uni- versity. He is the author of about 70 academic publications. His academic interests include issues related to the ratio legis of the canonical norms and issues of com- mon law and canon law. Currently, he is a judge at the Archidiocesan Tribunal of Łódź and professor at Canon Law Faculty of the UKSW in Warsaw. John P. Hittinger, Dr, is a professor of philosophy and he is a member of 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 arti- cles 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. Witold Kania, Ph.D., priest of the archdiocese of Katowice and an associate professor of philosophy at the Faculty of Theology, University of Silesia, Kato- wice, Poland. He received his doctorate in philosophy from the University of Navarra, Pamplona, Spain. He was a visiting researcher at Kennedy Institute of Ethics at Georgetown University, Washington D.C. Currently he is a member of the Bioethics Committee at the School of Medicine in Katowice, Poland. His publications include several articles concerning metaethics and selected issues in applied medical ethics. Koblížek Jan, Mgr. Th.D. (1977, Czech Republic) is priest of the Archidiocese of Olomouc and assistant professor at the Sts Cyril and Methodius Faculty of Theology (Palacky University) in Olomouc. His PhD thesis deals with the social contract theory