Kościół i Prawo
https://czasopisma.tnkul.pl/index.php/kip
<p><span lang="EN-US"><strong>Kościół i Prawo</strong> is a semi-annual journal published by the John Paul II Catholic University of Lublin in cooperation with the Learned Society of the Catholic University of Lublin. The aim of this journal is to publish scholarly articles concerning canon law and relations between State and Church. The journal gives special attention to Polish particular law. Besides academic articles, the journal also includes book reviews and reports of conferences. <a href="http://czasopisma.tnkul.pl/index.php/kip/about">(more)</a></span></p>Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła IIen-USKościół i Prawo0208-7928From the Editor-in-Chief
https://czasopisma.tnkul.pl/index.php/kip/article/view/682
Mirosław Sitarz
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2023-12-192023-12-1912255“Europa Christi” Movement International Academic Conference: ‘The Diversity of European Legal Culture vs. the Creation of Sustainable Regional Growth’, Lublin, 21–23 September 2023
https://czasopisma.tnkul.pl/index.php/kip/article/view/696
Katarzyna Kwiatosz
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2023-12-192023-12-1912225525810.18290/kip2023.34The System of Ecclesiastical Law Sources of Ukraine
https://czasopisma.tnkul.pl/index.php/kip/article/view/683
<p>The article is devoted to the determination, systematization, and study of the system of Ecclesiastical Law sources. This is a necessary and primary task for understanding the content of ecclesiastical law and its establishment in the legal system of Ukraine.</p> <p>The conducted analysis has given grounds to make up conclusions concerning the formal inequality and the subordination of some sources to others.</p> <p>The Constitution provisions contains norms and principles relating to human rights and freedoms, defining Ukraine as a secular state and determine the positive duties of the state in the field of religion. The laws if Ukraine contains the large number of ecclesiastical legal norms regulating various aspects of state-confessional relations. Bylaws specify and detail the provisions of laws. Judicial law-making in the field of ecclesiastical law is manifested through the decisions of the European Court of Human Rights, which in Ukraine are considered the sources of law, through the decisions of the Constitutional Court of Ukraine, which revises laws for compliance with the constitution and fundamental values, as well as the decisions of the Supreme Court, the conclusions of which are binding not only for judicial bodies but also for all subjects of authority, which implement in their activities a legal act containing the relevant legal norm.</p>Oleksandr BilashTetyana KarabinPavlo Cherevko
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2023-12-192023-12-1912292910.18290/kip2023.17The Digital Citizenship and the Values of the Human Person
https://czasopisma.tnkul.pl/index.php/kip/article/view/684
<p>The goal of this essay, entitled “The digital citizenship and the values of the human person”, is to investigate how it is possible to design an open and aware digital citizenship suitable for protecting the fundamental values and rights of the human person through the following six points: 1) the meaning of digital citizenship; 2) the principles of the digital society in the forecasts of the European Union; the construction of a sense of belonging through the network; 3) digital rights for citizens or for people?; 4) need to separate Christian principles from Christian values: life, the protection of the human person, witness to the truth as “Christian” and civil values; 5) the negative aspects of the digital society; 6) digital society and human rights in the Church and in religions.</p>Gaetano Dammacco
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2023-12-192023-12-19122314710.18290/kip2023.18Evangelization of Young People in the Age of Social Media
https://czasopisma.tnkul.pl/index.php/kip/article/view/685
<p>The article sets out to present the problem of Evangelization of young people on social media. The definition of Evangelization and its most important contemporary aspects are discussed. The significance of social media in the lives of young people is taken as the main premise, in view of the dependence that people today have largely developed on the access to this communication channel. Examples of using new media for Evangelization in contact with young people are also given.</p>Beata Duthel
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2023-12-192023-12-19122496010.18290/kip2023.20Divine Pedagogy in the Face of Educational Crisis. On the Approach of Joseph Ratzinger/Benedict XVI
https://czasopisma.tnkul.pl/index.php/kip/article/view/686
<p>Joseph Ratzinger – Benedict XVI, one of the greatest thinkers of mankind and the greatest Pope-theologian in the history of the modern Church, has devoted much attention to a critical analysis of the spirit of the age and the spiritual condition of modern people, living as if God did not exist. The Pope’s diagnosis is unequivocal and utterly pessimistic. He writes openly about the spiritual void, the drama of the times and even the tunnel in which humanity has found itself. At the core of this condition, according to Benedict XVI, there are two postmodern phenomena: relativism and secularism, leading people, above all young people, into spiritual regress and deformation. In the face of these threats and their disastrous consequences, the Pope from Germany proposes that the spiritual development of young people become the most urgent challenge and priority task to be carried out jointly by all the different groups of educators: parents, teachers, pedagogues, catechists, and the clergy. Of the many tasks and remedies needed to achieve success, which Benedict XVI outlined for educators in his speeches and writings, three aspects are particularly fundamental: personalism, theo- and Christocentrism, and integrity and reference to conscience. The perception of a young person as a subject through his or her ontological relationship with the living God revealed in Jesus Christ and the formation of a conscience, through which a young person may take responsibility for himself or herself and co-responsibility for others, guarantee authentic education and can restore hope to contemporary people and the world.</p>Marzena Górecka
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2023-12-192023-12-19122617510.18290/kip2023.21Freedom of Conscience as a Personal Right. Comments against the Background of Selected Jurisprudence of Polish Courts
https://czasopisma.tnkul.pl/index.php/kip/article/view/17
<p>The aim of the article is to characterize the principles of protecting freedom of conscience as a personal right, i.e., a non-property right appertaining to the person protected under civil law. The protection is to safeguard the person from acts that run contrary to their worldview or religion. However, it is not absolute. It must take into account the limitations derived from other values recognized under the legal system. Not every act that may cause a sense of harm can be treated as an infringement of personal rights.</p>Olga Nowak-Dziwina
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2023-12-192023-12-19122779310.18290/kip2023.22Protection of Christian Values and Religious Websites
https://czasopisma.tnkul.pl/index.php/kip/article/view/687
<p>The civil society is experiencing a new phase of secularisation. The Author describes in the article the following issues: 1) the digital world is the result of epochal changes, which cannot be separated from a system of values; 2) the digital world as the site of a new relationship between Church and civil society; 3) the search for new rules of coexistence in the use of digital tools; 4) the legal dimension of digital communication.</p>Roberta Santoro
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2023-12-192023-12-191229511510.18290/kip2023.23The Teaching of the Church in a Changing Cultural and Social Setting
https://czasopisma.tnkul.pl/index.php/kip/article/view/688
<p>The subject of this paper is to demonstrate the connection between the forms of preaching the Gospel in the context of today’s cultural, social, and political changes. Since the early days of Christianity, the Gospel message has been adapted to the changing environment. Currently, globalization and digitization are behind these changes. Information society is emerging, its main activities, including communication, being transferred to cyberspace. For this reason, actions aimed at adapting contemporary evangelical communication to this new situation need to be identified. There is a need for change in language and terminology. It is also necessary to utilize the latest IT solutions for evangelization. They should primarily operate in virtual reality, in which a significant number of people are already active. By doing so, it will be possible to follow Christ’s instruction to proclaim the Good News to all nations. </p>Bronisław Sitek
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2023-12-192023-12-1912211712610.18290/kip2023.24Language as an Object of Ethical Reflection. A Turn Towards the Attitude of Taking Responsibility for Words
https://czasopisma.tnkul.pl/index.php/kip/article/view/689
<p>The article focuses on the category of taking responsibility for words, which is explicated as both a component of the moral awareness of language users and a socially desirable attitude that promotes the building of a communication community. The above category was analysed in view of legal regulations and, most importantly, theoretical findings from the field of communication ethics. The author used the conceptual apparatus of this theory to determine the way in which responsibility for words can be formed in axiological education. It was defined by referring to the primacy of respect for the values such as human dignity, freedom and truth understood as the opposite of falsehood. The author concluded that the attitude of taking responsibility for words should be formed through the transmission of knowledge regarding these values, assuming that they can be “experienced” relative to examples of the negative use and abuse of language as opposed to its responsible use. Therefore, this article presents general criteria for the ethical evaluation of communication facts, indicating how they should be used for the purpose of forming the attitude that involves responding with will to the discussed values.</p>Tomasz Żurawlew
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2023-12-192023-12-1912212714310.18290/kip2023.25Rights and Duties of the Deaconesses of the Armenian Apostolic Church. A Historical and Legal Perspective of the 17th to the 21st Century
https://czasopisma.tnkul.pl/index.php/kip/article/view/5
<p>Deaconesses have been developing autonomously from the male diaconate in the Armenian Apostolic Church from the 9th to the 21st century. The duties of deaconesses are limited to assisting in the Liturgy of the Hours in the convent, assisting the presbyter at baptism, proclaiming the Gospel, directing church singing, carrying the chalice during the Grand Entrance in the Divine Liturgy, raising the chalice with the celebrant during the Divine Liturgy, and using incense during the liturgy. Deaconesses have been associated with parish ministry since the 20th century. The renewal of deaconesses could contribute to the revival of Armenian monasticism and parish ministry, as well as emphasizing the value of the “feminine element” in the Armenian Apostolic Church.</p>Marcin Bider
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2023-12-192023-12-1912214515910.18290/kip2023.26The Eucharist as a Sacrament Integrating the Family (Under Canon Law)
https://czasopisma.tnkul.pl/index.php/kip/article/view/690
<p>The Eucharist is the source and top of the Christian life. This article analyzes the regulations of canon law related to participation in the Eucharist and receiving holy communion by the family. The author aims to show how such activities affect the unification of the entire family community, spouses, their children, and even grandparents. The first part discusses the Eucharist as the sacrament of unity. The next one discusses the family’s partaking in holy communion. The last one shows the role of the sacrament in the life of mixed marriages and marriages between individuals of different Catholic rites.</p>Zbigniew Janczewski
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2023-12-192023-12-1912216117110.18290/kip2023.27Guidelines for the Pastoral Care of the Divorced and Remarried in Czechia after Amoris laetitia
https://czasopisma.tnkul.pl/index.php/kip/article/view/691
<p>The article summarizes the Czech way of searching and creating possible guidelines of the Bishops' Conference or directives of individual bishops after the Post-synodal Apostolic Exhortation <em>Amoris laetitia</em> of Pope Francis. It discusses the establishments of a commission of experts, refers to foreign opinions that inspired the commission in its work, and outlines the lack of consensus among the bishops. Thus, the Bishops’ Conference failed to draw up uniformed guidelines on the subject. One of the bishops (the Diocese of Plzeň), after some time of searching for a solution, finally issued his own diocesan directive in the spring of 2023, the content of which is also presented in the text of the article.</p>Monika Menke
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2023-12-192023-12-1912217318610.18290/kip2023.28Diversity of Monastic Life in the Historical Perspective
https://czasopisma.tnkul.pl/index.php/kip/article/view/692
<p>In the history of the Catholic Church, various ways of implementing the consecrated life and its specific type in religious life have been revealed. To this day, there are monastic orders, cloistered orders, canons regular, hospitaller orders, mendicant orders, and congregations performing works of mercy. The author briefly presents the history of the evolution of these orders, from antiquity to the present day. The article shows how they have changed throughout history and how they undertake contemporary tasks in a new way. The nature of religious life is still the same, but, depending on the circumstances, it constantly takes new forms to implement the ideal of imitating Christ by pursuing the evangelical counsels in the present times.</p>Piotr Krawczyk
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2023-12-192023-12-1912218720010.18290/kip2023.29Participation of Religious Brothers in the Exercise of Authority in Clerical Religious Institutes
https://czasopisma.tnkul.pl/index.php/kip/article/view/693
<p>The paper has been inspired by the rescript of Pope Francis issued as a motu proprio on the appointment of superiors in clerical institutes. According to the binding ecclesiastical legislation, such practices used to be prohibited, although the Holy See would grant permissions on a case-by-case basis. The article discusses the idea of exercising authority in religious institutes according to the traditional rules of religious life, referring to St Benedict and St Francis. A serious obstacle to regulating this issue is the exercise of power. Another reason indicated in the rescript is the personnel situation in religious institutes, which makes it impossible for some members of the clergy to serve as superiors due to age and health status. This fact caused requests to the Holy See seeking permission for non-clerics to exercise the office of superiors. A significant attempt to respond to this need is the rescript announced by Pope Francis. It takes account of the existing legal solutions, as well as opening up a certain window of opportunity as regards changes to the structure of power in clerical institutes.</p>Ambroży Skorupa
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2023-12-192023-12-1912220121410.18290/kip2023.30Sexual Abuse of Minors in Currently Applicable Canon Law – Selected Issues
https://czasopisma.tnkul.pl/index.php/kip/article/view/694
<p>Acts <em>contra sextum</em> with minors are one of the most serious ecclesiastical crimes. For this reason, they have always been a subject matter of ecclesiastical law and have been punished in various ways. The article discusses selected aspects of sexual abuse concerning minors in the current canon law, especially in the light of Book VI of the Code of Canon Law of 1983 reformed by Pope Francis. It presents what sexual abuse is in terms of canon law and discusses the active subject (the offender) and the passive subject (the victim) of a criminal act as well as the issue of child pornography. The article outlines the characteristics of the canonical and criminal liability of the clergy. The analysis of the literature clearly indicates that the penalty imposed on a clergyman in the canonical system neither relieves nor replaces the penalty imposed in the penitential system of state law, hence the clergyman is somehow subject to double responsibility. First under canon law and then under state law.</p>Marcin Dunaj
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2023-12-192023-12-19122215228Are Priests under the Duty to Report a Confessed Crime?
https://czasopisma.tnkul.pl/index.php/kip/article/view/117
<p>The proper operation of justice requires cooperation of society as the entity jointly responsible for the security of the state. The perfect expression of this is the duty to report a committed crime, which rests with anyone who has credible information about a prohibited act. We distinguish civic and legal duties as well as punishable failure to report a crime. The considerations undertaken are aimed at answering the question: in what situations a clergyman is bound by the above duties, and when he can evade them? Further, what are the consequences of violating these duties with regard to the seal of confession by which the priest is bound. Confession is not the only form of contact between the faithful and the clergyman, but it is the only one that enjoys protection, so the question is whether pastoral conversation and spiritual guidance can benefit from the protection related to professional secrecy. It is crucial to have these questions answered from the perspective of a believer who entrusts his secrets to a clergyman, in confidence that they will always be protected.</p>Marta Jasińska
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2023-12-192023-12-1912222924210.18290/kip2023.32On Remission of Penalties in the 1983 Code of Canon Law. The Problem Outlined
https://czasopisma.tnkul.pl/index.php/kip/article/view/695
<p>The article discusses the concept of penalties in the Church and the remission of such penalties internally as provided for in Title IV of Book VI of the 1983 Code of Canon Law. The author outlines the concept of ecclesiastical penalties. Next, he looks at who is competent to lift penal sanctions in both ordinary and urgent necessities.</p>Zbigniew Suchecki
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2023-12-192023-12-1912224325110.18290/kip2023.33