Roczniki Teologiczno-Kanoniczne, 1974, T. 21, z. 5

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Przeglądaj Roczniki Teologiczno-Kanoniczne, 1974, T. 21, z. 5 wg Temat "authority"

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    Kościelni cenzorzy ksiąg
    Misztal, Henryk (Wydawnictwo Towarzystwa Naukowego Katolickiego Uniwersytetu Lubelskiego, 1974)
    As a custodian of the Christian faith and morals the Church has resorted to preventive censorship almost from the v ery beginning of h er existence. Nowadays prior censorship is still indispensable as it helps the believers to choose what is approved by the Church out of an im m ense output of the printed word. If prior censorship is to fulfil its tasks w ithout inhibiting at the same time the influence exercised by the wirtten word upon the community it ought to be performed by carefully selected, conscientious persons having sufficient knowledge to evaluate the investigated work. Prior censorship is performed by persons known as censors, appointed by a suitable ecclesiastical authority. The present article gives the regulations now in force to gether with the comments by canonists regarding the authority compenent to appoint censors, censors' qualifications and duties as well as the criteria of evaluation. The article contains also a detailed discussion of the usual procedure of evaluating the works, passing the censor's verdict and giving the permission to print. A censor ought to be of the appropriate age, education and wisdom. When passing the judgement he ought to follow a safe path motivated neither by too excessive sternness nor leniency, neith er by predjudice nor forbearance, dislike or hatred, but he should act according to the principles of faith and ethics. In the course of practising censorship certain doctrinal, textual and disciplinary norms have been worked out by canonists, making the evaluation of the works easier. There are separate regulations founded on the statements of the Apostolic See and concerning the pictures intended for cult. A censor's opinion expressed in writing is sent to the diocesan authority which ordered the censorship, and it is only after the bishop's rescript that the statement that the given work is not contrary to the Christian faith and morals becomes valid. Approval of the work being merely an official statement of its conformability to the principles of the Christian faith and morals does not mean that the work is recommended to the members of the Church or that the exists a complete agreement with the author's opinions or the contents of the work.
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    Podział i wykonywanie jurysdykcji patriarszej w świetle obowiązującego prawa dla katolickich Kościołów wschodnich
    Przekop, Edmund (Wydawnictwo Towarzystwa Naukowego Katolickiego Uniwersytetu Lubelskiego, 1974)
    The code of canon law for the Eastern Catholic Churches proclaims that various functions of patriarchal jurisdiction, i.e. legislative, judicial, executive, doctrinal, administrative and liturgical power are to be exercised „sub auctoriatte Romani Pontificis". Comparison of patriarch al jurisdiction with papal one attempted in the present article reveals fundamental differences between the two modes of jurisdiction existing in the order of hierarchical subordination. Legislative, doctrinal or preceptorial, administrative and liturgical power to which a patriarch is entitled on his territory is included in jurisdiction in the broad meaning of the term. Yet according to the Eastern code, judicial power alone is meant by jurisdiction in the strict sense of the term. Judicial power is exercised either by patriarch himself or through his tribunals, both internally and externally. Studies concerning external judicial power permit to discern the exstence of threefold hierarchy of tribunals in every patriarchate: from epatriarchal through metropolitan to patriarchal (the patriarchal tribunal and the standing [permanent] synod). The latter ranks of tribunals, i.e. metropolitan and patriarchal act also as instances of appeal, except the standing synod which as an administrative organ of a patriarchate does not accept any appeals. It is possible to appeal from its verdicts solely the Apostolic See. Thus defined, in different manners of its activity, jurisdiction of a patriarch permits to see him against the hierarchy of the universal Church.
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    Pojęcie aktu administracyjnego
    Krukowski, Józef (Wydawnictwo Towarzystwa Naukowego Katolickiego Uniwersytetu Lubelskiego, 1974)
    The need to define the notion of the administrative act in canon law occured after promulgation of the constitution Regimini Ecclesiae Universae by Pope Paul VI (15 August 1967). Ecclesiastical legislator used the term „administrative act" for the first time in article 106 of the constitution. The term has been already employed for a long time in the State administrative law. Therefore it has become necessary to determine whether the meaning of the term is identical in both canon and State law. Attempting to solve the problem the author of the present article has assumed that fundamental elements of this act are identical in the two systems of law. Yet the purport of these elements in canon law is of a specific character as there are differences in structure and functions between the Church and the State authorities. The specific character refers to the subjective element (organ of ecclesiastical administrative power) and the objective element (scope of administrative problems submitted to the Church authorities). Requirements (elements) that the administrative act should, be authoritative, unilateral and concrete jare of the. same sense in both systems. Yet the requirement th at the ecclesiastical administrative act should be founded on administrative law is still of a nature of a postulate, although it is already being realized. Finally the author suggests th e following definition of the administrative act in canon law: it is a decision of an organ of church [ecclesiastical] administrative power concerning adminisrative affairs, founded on the regulations of canon law, by means of which the orga unilaterally changes a concrete situation of the administered unit.