Philosophy and Canon Law

Media and the Regulations of the Code of Canons of the Eastern Churches. Current Challenges

Jurij Popovič — Fri, 29 Dec 2023 00:00:00 +0000

Today, we cannot imagine a world without media communication at the service of society. At the same time, we can note the changes that media communication is undergoing. Contemporary media communication is too far removed from the very notion of communico, communicare. The very notion of “to join together, to make something common, to pass on a message, to consult” is gradually disappearing from the media space, as it does in the term communio, that is, “togetherness, communion, a sense of connection.” In our times, the word communicate reminds everyone above all of the transmission of information or, more precisely, of news, regardless of ethical or moral principles. That is why the Church, aware of the importance of media communication, demands the right to regulate their use and, in its regulations, calls on professionals in the production and transmission of information to ensure that the use of these means is imbued with the spirit of Christ.

The Digital Environment as a Space of the Evangelization Activity: New Dimension of the Obligations Arising from the Prescripts of can. 822 CIC

Andrzej Pastwa — Fri, 29 Dec 2023 00:00:00 +0000

Contemporary papal enunciations are characterized by the assertive―active and optimistic, yet risk-conscious and non-critical―ecclesial approach to the opportunities/challenges of the “digital age.” If we follow these indications, imbued with the concern for the effectiveness of the evangelizing mission in the new socio-(technological-)cultural realities/contexts, and at the same time bear in mind the rule that the Church’s legal practice must take into account the current conditions of human existence—it becomes clear that this authoritatively outlined horizon of the “signs of the times” poses a challenge to theological sciences, including the canonical doctrine. As far as the latter is concerned, leaving aside the often urgent need for legislative changes/adjustments (given the peculiarities of the various regions of the world—above all at the level of particular law), the role of experts in presenting a renewed, adequate hic et nunc interpretation of certain nodal canons of the Code of Canon Law remains invaluable. We may argue that such include the prescripts of can. 822. Hence, this article attempts a two-stage delimitation of the problem meritum—according to the research steps announced in the title: (1) The digital environment as an indispensable space of the evangelization activity; (2) The new dimension of the obligations of the Church’s Pastors imposed by the prescripts of can. 822 §§ 1–3.

Between Entitlement and Limitation of the Right to Sacraments during the Sars-CoV-2 Pandemic. Internet as a Means of Transmission and Communication with the Faithful

Elżbieta Szczot — Fri, 29 Dec 2023 00:00:00 +0000

The article presents the right of the faithful to access sacraments and restriction of the right resulting from the outbreak of the SarsCov-2 virus pandemic in 2020. The article also presents the scope of the entitlement to the spiritual goods of the Church, which is guaranteed by the norm of canon 213 of the 1983 Code of Canon Law, as well as the spatial limits for gatherings introduced by state law and bishop’s decrees. Access to the Internet and the preservation of online communication has somehow made it possible during the ongoing social isolation to establish communication between ministers and the faithful. Therefore, it was easier to survive the restrictions on access to the Holy Sacraments.

Legal Aspects of the Sacraments at a Distance

Lucjan Świto — Fri, 29 Dec 2023 00:00:00 +0000

The article addresses the problem of the possibility of administering the sacraments of marriage, penance and Eucharist at a distance, that is, using information and communication technologies. Electronic means of communication change not only our understanding of time and space, but also the experience of building a community and contact with other people. The conducted analysis led to the conclusion that taking into account the spiritual good of the faithful, especially those who found themselves in danger of death or as a result of a great distance or due to isolation, they have no access to a priest and the real community of the faithful, as well as the fact that the Holy See did not give an authoritative answer opposing the administration of the sacraments by means of new communication tools, this form should not be excluded from the practice of the Church.

Protection of the Ecclesial Community against Internet Abuses in Book VI of the Code of Canon Law

Tomasz Gałkowski — Fri, 29 Dec 2023 00:00:00 +0000

Pope Francis, promulgating new canonical provisions in the field of criminal law, made an in-depth analysis of the ecclesial community, both in itself and through its reference to the secular community. From this perspective, the study presents the reasons for normative solutions: theological, church-social, and social. They constitute a point of reference for considering the abuses and crimes committed by the faithful using the Internet. The presence of the Internet has significantly changed the perception of the secular and ecclesial community, which does not release the faithful from the obligation to guard the faith and bear witness to it. This is also served by normative solutions, the observance of which contributes to building the unity of the community.

Juridical Relations between Freedom of Artistic Expression and Protection of the Dignity of Religion in the Light of a Lawsuit over Theatrical Performances in the Czech Republic

Damián Němec — Fri, 29 Dec 2023 00:00:00 +0000

This paper deals with the legal regulation of the relationship between two human rights, freedom of artistic creation and protection of the value of religion as part of freedom of religion in the Czech Republic. It first gives an overview of three models of this relationship in three historical epochs: the period of democratic Czechoslovakia in the years 1918 to 1948 (excluding the period of World War II, where the protection of human rights was completely ignored), the period of domination of the Communist Party of Czechoslovakia in 1948 to 1989, that is, a period of general violations of human rights, and in a democratic society from 1989 (until 1992 in Czechoslovakia, from the disintegration of the Czechoslovak federation to January 1, 1993, in the Czech Republic). Most attention is paid to litigation caused by the presentation of two theater performances at the Brno Theater Festival in 2018. Both performances were directed by the Croat Oliver Frljić, known for controversial means of expression, often with a religious theme. The ensuing lawsuit, in which the then president of the Czech Bishops’ Conference was one of the plaintiffs, showed that the general courts preferred the protection of artistic freedom in the conflict between the two constitutionally guaranteed freedoms with only one significant restriction: vituperation or downsizing of beliefs. However, the dispute is not yet fully resolved: the plaintiffs have filed a complaint with the Constitutional Court of the Czech Republic, which has not yet ruled on the matter. Consequently, an application to the European Court of Human Rights in Strasbourg cannot be ruled out.

Ginter Dzierżon, Dyspensa w kanonicznym porządku prawnym. Studium prawno-historyczne [Dispensation in the Canonical Legal Order: A Legal and Historical Study]. Warszawa: Wydawnictwo Naukowe UKSW, 2020, pp. 186

Elżbieta Szczot — Fri, 29 Dec 2023 00:00:00 +0000

Ján Duda, Manželské právo katolíckej cirkvi v kontexte súčasnosti [Matrimonial Law of the Catholic Church in the Context of the Present]. Praha: Legis, 2021, pp. 207

Jurij Popovič — Fri, 29 Dec 2023 00:00:00 +0000

REVIEW

Mirosław Chmielewski, Małgorzata Nowak, Piotr Stanisz, Justyna Szlich-Kałuża, and Dariusz Wadowski, Komunikacja Kościoła katolickiego w Polsce w okresie pandemii COVID-19. Raport z badań interdyscyplinarnych

Elżbieta Szczot — Fri, 29 Dec 2023 00:00:00 +0000

The main purpose of the research was to analyze the legal, socio-cultural and theological
dimensions of the communication of the Catholic Church in Poland, while the specific objectives
analyzed and evaluated the relationship between the content of information and announcements issued
by the Church in Poland in connection with the regulations issued by the Holy See and the Polish
authorities.