Search Results (18)

The legalization of euthanasia in Spain through Organic Law 3/2021 has intensified debates concerning the relationship between patients’ autonomy, the protection of life, and the freedom of conscience of healthcare professionals. In a context marked by increasing moral and religious pluralism, conscientious objection has emerged as a particularly sensitive issue in the practical implementation of assisted dying. This article adopts a legal and socio-religious approach to analyze the role of conscientious objection in the Spanish euthanasia framework. First, it examines the constitutional foundations of freedom of conscience and its specific regulation under Organic Law 3/2021, with particular attention to the guarantees and limits established for healthcare professionals. Second, it analyses the official positions of the main religious traditions present in Spain regarding euthanasia, assisted suicide, and end-of-life care, identifying both points of convergence and doctrinal diversity. Finally, the article assesses the practical impact of religious and moral convictions on the exercise of conscientious objection, drawing on the limited empirical evidence currently available. The analysis shows that, although most religious traditions oppose active euthanasia while accepting palliative care and the withdrawal of futile treatments, analysis of available empirical evidence suggests that objections are more often grounded in secular ethical or professional reasons than explicitly religious ones. The article concludes that conscientious objection should be understood as a structural feature of pluralist healthcare systems, requiring legal and organizational arrangements capable of safeguarding both freedom of conscience and effective access to legally recognized rights. Full article

The Catholic Church is committed to promoting peace and social justice. Beyond its theological and religious nature, the Church operates as a hierarchically organized institution. Its entities function within defined legal frameworks. Throughout history, the theoretical substantiation of peace—and war—has played a pivotal role in Catholic thought. This tradition has been primarily upheld by Catholic and ecclesiastical universities. The Second Vatican Council transformed the Church and positioned these universities to actively promote social justice. However, detailed regulatory frameworks for this mission were developed later, outside the immediate scope of conciliar documents. This study examines the legal and historical evolution of Catholic academic research on peace and war. The analysis focuses on methodological issues, identifying historical and current deficiencies in the investigation of security questions. It argues that Catholic and ecclesiastical universities have yet to fully develop transdisciplinary methods, despite such an approach being most effective for supporting the Church’s mission of universal peace. Full article

This article inaugurates a series of scholarly inquiries undertaken by academics from the disciplines of canon law, psychology, and theology, which makes it inherently interdisciplinary. Recognizing the foundations of marital indissolubility, the authors seek to analyze the role of discernment and volition in the formulation of matrimonial consent by nupturients. Each person enjoys the innate right to contract matrimony. This right may be circumscribed by (i) an incapacity to formulate an act of will (give matrimonial consent), (ii) a substantial defect in its formulation, (iii) lack of ability to execute it, or (iv) a prohibition derived from divine law—whether natural or positive—or from man-made law. Accordingly, the authors examine matters pertaining to processes to declare the nullity of marriage, with a focus on the evidentiary role of expert testimony, typically provided by psychologists. Given the interdisciplinary nature of their inquiry, the authors have drawn extensively on the literature from the fields of canon law, psychology, and theological studies. Mindful of its theoretical orientation, the authors regard this article as a prologue to subsequent research on selected matrimonial nullity cases processed by ecclesiastical tribunals, with emphasis on the analysis of opinions issued by tribunal-appointed expert psychologists. Full article

The Reformed Church in Hungary is a Reformed Protestant church in terms of its confession of faith, in which both adjectives, Reformed and Protestant, are emphasized. From this formulation follows the critique and firm rejection of a form of organization that existed before and still exists today: that of the Catholic Church. The foundations of Reformed (in this article, the term “Reformed” is used to designate the ecclesiastical and theological tradition associated with Calvin, Bullinger, Zwingli, and others) church institutions and church organization were formulated by Calvin in the Institutio, from which Reformed church law, through its historical development, formulated the principle of universal priesthood as a fundamental principle, the principle of synodal presbyterate as a constitutional principle of the church, and the principle of a free church in a free state, although the latter establishes the relationship between church and state. In distinguishing between a theologically postulated church and a church embodied in legal organization, canon law may examine the latter, and in particular, the canon law of the Protestant churches indeed sharply distinguishes it from the theological concept of church. Thus, in examining the development of the organization of the so-called visible church and the questions of the structure and functioning of the institution in the present, I will examine the organization and functioning of the Reformed Church in Hungary in the light of the organizational principles and methods that have developed historically, with a view to outlining the conditions for future optimal functioning. In my study, I trace the transformation of the Reformed Church from its beginnings to the change of regime. Full article

In the Kingdom of Hungary, the process of secularization started rather late. After 1867, the country was led by liberal political forces but, despite this, the separation of church and state continued for a long time. Some ecclesiastical dignitaries were members of the upper house by virtue of their position, which obviously slowed down the process of secularization. By the 1890s, there were still many legal institutions in which public power was exercised by the churches instead of the state. The most important of these was the area of marriage law. Civil marriage was introduced by the Marriage Act passed in 1894, the adoption of which was preceded by sharp parliamentary debates. This was the culmination of the first wave of discourse on secularization in the country, which ended with the adoption of the law. Károly Hornig was appointed bishop of Veszprém by the pope in 1888 and, as a result of his position, he became a member of the upper house. Assessing Hornig’s parliamentary activities is more difficult. Joining the spirit of Rerum Novarum, he spoke, for example, in favor of the prohibition of industrial workers from working on Sundays. On the other hand, in the debates about secularization, he advocated positions that would have hindered it, although he eventually withdrew several of his proposals due to counterarguments. In my work, with the help of Hornig’s example, I would like to present an important stage of the process of secularization in Hungary. Full article

Richard Hooker’s (1553–1600) magisterial defense of the Elizabethan Church, Of the Laws of Ecclesiastical Polity, argued cogently for the authority of natural law and tradition in determining the constitution and practice of the national church. However, Hooker’s magisterial work movingly extends his complex arguments regarding the structure and authority of the church into the concrete, practical matters of pastoral practice, which the author addresses especially in Books V and VI. This paper will argue that the “Propositions” of Book V, which introduce this section of Hooker’s work, serve together as a compendium of his pastoral theology that informs not only Book V but also Books VI and even VII. We will support this argument by way of close analysis of the “Propositions” followed by an examination of how Hooker applies them to representative sections of Books V, VI, and VII. Full article

For more than a century, in the center of Sofia, the capital of the Republic of Bulgaria, there is and functions the church of St. Nikolai Mirlikiyski the Wonderworker, known as the Russian church. The church was built at the beginning of the 20th century with the idea of being part of the complex of the Russian imperial diplomatic body in Sofia and to serve the Russian diplomats, their families and the Orthodox Russian citizens living permanently or temporarily in the Bulgarian capital. However, after its consecration in 1914, disputes began, both regarding the ownership of the church building and the canonical jurisdiction of the church—of the Metropolitan of Sofia or the Holy Synod of the Russian Orthodox Church in Moscow. This dispute culminated in September 2023, with the expulsion from Bulgaria of several Russian and Belarusian clergies serving in the Russian church on charges of espionage in favor of the Russian Federation. The subsequent closure of the church by the Russian ambassador Mitrofanova led to internal and external political tension and ecclesiological chaos in the country. The Russian side violated the Bulgarian Law on Religions, known as the Confessions Act 2002, and directly infringed the Statute of the Bulgarian Orthodox Church. This article provides expert answers to the public law, property rights and canonical issues concerning the case of the Russian church in Sofia, based on the relevant sources of law (ecclesiastical and civil). Full article

The depiction of Andean religion in the Comentarios reales de los incas (1609, 1617) has centered on Garcilaso de la Vega’s providential interpretation of Inca pagan governance and the influence of the Christian humanist traditions that he mastered as an adult in Spain. However, scholars have not adequately recognized his attention to the ecclesiastical debates regarding the persistence of Inca cult beliefs and practices in the colonial Andean society of his day. This paper examines a new source for understanding the chronicler’s portrayal of Inca religion, the catechisms and canon decrees of South America’s definitive post-Tridentine assembly, the Third Provincial Council of Lima (1582–1583), which established the Church’s official stance on the fundamental “idolatry” of Inca morality and ritual customs and the need for their extirpation. It will be argued that Garcilaso’s knowledge of natural and canon law provided the basis for his defense of the Incas’ religion and justice system and his criticisms of the anti-Inca tenor of the council’s directives on Andean custom and intercultural dialogue. The chronicler’s response to the council’s pronouncements on the ritual of penance, in particular, offers novel insights about the indigenous reception of the Church’s missionary regime within an orthodox and culturally-integrated vision for Andean Christianity. Full article

This paper addresses the special issue theme of the response of conservation practice to shifts in heritage theory towards the intangible, through exploring some specific aspects of practice and statutory process in the UK. The paper starts with an overview of conservation in the UK, and the extent to which it does or does not interface with developments in heritage theory. It explores the conventional understanding of significance—here termed ‘subtractive’—which reflects the antiquarian concerns from which conservation developed. It then considers the Ecclesiastical Exemption, a parallel consent mechanism within UK law for Christian places of worship that remain in use, which specifically recognises their need to change over time to ensure their survival. Evidence for a growing appreciation of non-tangible value and community participation in heritage is provided in recent research by The National Churches Trust into the economic and social value of church buildings to local communities across the UK. The paper concludes that a positive response to changes in heritage theory requires conservation to undertake its own theoretical work; this will involve a recognition of living buildings as central rather than peripheral both to conservation and to heritage more broadly, and a move towards a ‘generative’ understanding of significance. Full article

This study identifies common perceptions between Thomas Hobbes’ approach to religion with that of Critias the sophist. Despite the distance that separates the social environments within which each of these authors lived and wrote, in their political philosophy we can spot a shared set of concerns, whose importance transcend the historical and political contexts in which the authors lived and wrote: in the state of nature, where no organized commonwealth (or civil society) exists, capable of repressing the innate greed of men and women, savagery and conflict reign supreme; life is threatened by violence and extreme aggression. It is only the state of society that guarantees stability and good life. For both thinkers, belief in immaterial spirits protects the state of society; belief in God promotes obedience to civil law and guarantees human co-existence. In Critias’ mind, religion is a necessary means to avert aggression, even when the State’s executive powers are unable to punish offenders, using all necessary tools to prevent hostility and conflict. While civil law is the hallmark of peace and stability, belief in a transcendent entity that influences collective and individual modes of living, is an important addition to the pursuit of social peace. A few centuries later, Hobbes (influenced by the misery of the English Civil War) developed viewpoints that also highlight the role of religion in defending social peace. Nonetheless, in Hobbes’ mind religion could safeguard stability only (A) when ecclesiastical authorities submit to the judgment of an omnipotent Sovereign and (B) when the coercive mechanisms of the State supress religious pluralism, prohibiting different interpretations of the Bible, which Hobbes himself considered one of the main causes of conflict. Full article

The author discusses the status and duties of an ecclesiastical judge in processes concerning the declaration of nullity of marriage under canon law. The author addresses the requirements for candidates for the office of judge and highlights the changes introduced by the Motu Proprio Mitis Iudex Dominus Iesus in 2015. Next, the duties of the ecclesiastical judge in a matrimonial process are covered. First, the author points to the general duties and focuses on the most relevant ones. Second, the judge’s more specific duties are addressed. A major research problem investigated is who can be an ecclesiastical judge and what requirements the candidates must meet, both in the light of ecclesiastical and natural law. The author does not omit to discuss the origin of the power to judge and its consequences. The article cites papal speeches to the members of the Tribunal of the Roman Rota. They are a valuable source of guidance on exercising the power to judge. Special attention is paid to the ministry of the bishop as the first judge, as well as in light of the changes introduced by Pope Francis. Full article

In response to the rapid spread of the coronavirus epidemic, the state authorities in Poland—as in other countries—decided to introduce various restrictions on rights and freedoms, including the freedom to practise religion. The purpose of this study is to analyse and evaluate the position taken by the ministers of the Catholic Church in Poland and her faithful towards these restrictions during the first wave of the pandemic. An analysis of source material, including documents published by representatives of the Conference of Polish Bishops and diocesan bishops (or curial deputy officials), leads to the conclusion that, in their official messages, the bishops virtually unanimously supported the restrictions imposed by the state, often granting them the sanction of canon law, or introducing even more restrictive solutions in their own dioceses. Moreover, an analysis of the media coverage of the first wave of the pandemic, as well as sociological opinion research focusing on Poland’s Catholic faithful, concludes that both the faithful and ‘rank-and-file’ clergy exhibited a polarised assessment of the stance adopted by the bishops towards the restrictions. However, this analysis allows for the refutation of the claim expressed in the literature, and shared by some of the faithful, about the bishops’ excessive submissiveness to the state authorities. Our research proves that this claim somewhat distorts the reality. Rather, the attitude of the hierarchs of the Church needs to be seen as an expression of their responsibility for the common good. More deserving of criticism, on the other hand, is the excessive focus of the ecclesiastical message of this period on the restrictions on the freedom to practise religion, while the right of the faithful to the spiritual goods of the Church was relegated to the background (Can. 213 CIC-1983). In adopting the research framework developed by Joseph Cardijn (‘see–judge–act’), our analysis concludes with the recommendation that, should a similar crisis arise in the future, the institution of the Church should rather focus its message to the faithful on securing the said right in the context of the state-imposed restrictions, by adopting the attitude typical of that of an addressee of legal norms, in line with the conclusions drawn from its own autonomy and independence as underlying principles of the State-Church relationship in both Church teachings and Polish law. Full article

In recent years, the sexual abuse of minors and vulnerable adults in the Catholic Church has received much attention. This is also true of the related changes to ecclesiastical legislation. Less attention, however, has been paid to other aspects of the reform. The revised penal law of the Code of Canon Law, in any case, demands closer study from the point of critical legal studies. It is striking that while the reform focused on improving the legal protection of minors, it also had rather detrimental effects on the legal standing of women in the church. Reading the revised law, it appears that the reform missed the chance to improve the legal situation of the mostly female adult victims of clerical sex offenses and abuses of power. It rather spotlighted “female” offenses such as abortion in contrast to typical “male” offenses such as homicide, and it moreover criminalized women who attempt ordination. Thus, the regulations of the reformed penal law not only generally leave the systemic causes of abuse untouched, but also establish norms which reinvent or even exacerbate abusive structures. The latter finally sustain clericalism and reinstitutionalize gender inequality, commonly identified as factors fostering abuse. Full article

Should the freedom of churches and other religious institutions come down to little more than a grudging recognition that “what happens in the church, stays in the church”? In this article, I provide a more robust definition of what I call institutional religious freedom than a crabbed and merely negative understanding. In addition, I also go beyond a libertarian-style defense of institutional religious freedom as the ecclesiastical equivalent of the “right to be left alone” by suggesting a multitude of reasons why institutional religious freedom in a robust form deserves robust protection. Especially amidst exigent challenges such as the global COVID-19 pandemic, an anemic appeal to an ecclesiastical version of negative liberty on merely jurisdictional grounds will not be enough to defend religious organizations from an increasingly strong temptation and tendency on the part of political authorities—often acting on the basis of understandable intentions—to subject such organizations to sweeping interference even in the most internal matters. In contrast, the article offers an articulation of why both the internal and external freedoms of religious institutions require maximum deference if they are to offer their indispensable contributions—indeed, their “essential services”—to the shared public good in the United States and other countries throughout the world. Underscoring the external and public dimensions of institutional religious freedom, the article follows the work of law and religion scholar W. Cole Durham in that it analytically disaggregates the freedom of religious institutions into three indispensable components: “substantive”, or the right of self-definition; “vertical”, or the right of self-governance; and “horizontal”, or the right of self-directed outward expression and action. Full article

The burial of unbaptized fetuses and infants, as seen through texts and archaeology, exposes friction between the institutional Church and medieval Italy’s laity. The Church’s theology of Original Sin, baptism, and salvation left the youngest children especially vulnerable to dying unbaptized and subsequently being denied a Christian burial in consecrated grounds. We here present textual and archaeological evidence from medieval Italy regarding the tensions between canon law and parental concern for the eternal salvation of their infants’ souls. We begin with an analysis of medieval texts from Italy. These reveal that, in addition to utilizing orthodox measures of appealing for divine help through the saints, laypeople of the Middle Ages turned to folk religion and midwifery practices such as “life testing” of unresponsive infants using water or other liquids. Although emergency baptism was promoted by the Church, the laity may have occasionally violated canon law by performing emergency baptism on stillborn infants. Textual documents also record medieval people struggling with where to bury their deceased infants, as per their ambiguous baptismal status within the Church community. We then present archaeological evidence from medieval sites in central and northern Italy, confirming that familial concern for the inclusion of infants in Christian cemeteries sometimes clashed with ecclesiastical burial regulations. As a result, the remains of unbaptized fetuses and infants have been discovered in consecrated ground. The textual and archaeological records of fetal and infant burial in medieval Italy serve as a material legacy of how laypeople interpreted and sometimes contravened the Church’s marginalizing theology and efforts to regulate the baptism and burial of the very young. Full article