|
|
The new ecclesial laws in 1949
Futera, Stanislav ; Hrdina, Antonín (advisor) ; Plavec, Karel (referee)
The topic of the thesis are so-called "new ecclesiastical laws" accepted in 1949, that had served as one of the power tools for the oppression of the Churches and the control over the society. Within the chapters in sequence I deal with the description and genesis of these new ecclesiastical laws, received by Czechoslovak communist regime in 1949 and their importance not only for the confessional law of the following period until now. In this context I ask the question what are the extent effects not only for the life of the Churches, esp. the Catholic Church, but also for the mentality of the contemporary Czech society in relationship with the Church. This thesis is concerned with three spheres that are necessarily interconnected: First, the legislation of these laws themselves, second, the social reception of the Church interlinked with these laws, and third sphere is also the projection of these laws into the political rhetoric nowadays. The goal of the thesis is to reveal the deep interconnection and dynamics of the three spheres given, and explore how the way they were manifested in the past, and have consequently been manifested until these days. Keywords Czechoslovakia, 1949, ecclesiastical laws, the power and the law, present time: law, society and politics.
|
|
|
Processus iudiciarius secundum stilum Pragensem by Nicolaus Puchnik, critical edition of the treatise
Budský, Dominik ; Hledíková, Zdenka (advisor) ; Hrdina, Antonín (referee) ; Kejř, Jiří (referee)
Abstrakt_anglicky The PhD thesis is focused on canon procedural law in Prague at the end of 14th century. The purpose is to prepare a critical edition and summary of the treatise Processus iudiciarius secundum stilum Pragensem and to contextualize it to iuridical and administrative connections in the period at the end of the 14th and beginning of the 15th centuries. The researched treatise was a very useful theoretical and practical vademecum of procedural law and was used not only by students of law at The University of Prague as a manual but also by archiepiscopal clerks, as well as plaintiffs and defendants in the single cases. The thesis consists of the biography of the author Nicolaus Puchnik, canon law analysis and commentary incl., local customs, manuscript analysis based on paleography and codicology, European context analysis based on the juristic style and, last but not least, the edition. The edition is composed of four manuscripts (Munich 677 as the basic text version and other three manuscripts originated in the 14th century).
|
|
|
Czech asylum law between 16th and 18th century
Lojek, Antonín ; Adamová, Karolina (advisor) ; Soukup, Ladislav (referee) ; Hrdina, Antonín (referee)
This thesis deals mainly with Czech asylum law from early 16th to late 18th centuries. The history of asylum is very important for understanding contemporary asylum issues, however the focus of asylum historians, intense as it is, is mainly aimed at recent asylum history - in the 19th , 20th and 21st centuries. The aim of the author of this thesis was to show the history of asylum in preceding times, before the Vienna Congress and the 1848 revolutions, to point out the various forms of asylum law in this era and to try to answer the question of continuity of development of asylum law in its historical context. The main focus of the thesis is asylum law of the above period in Czech lands, its legislative bases in the forms of statutes and treaties and its implementation in practice as shown by historical sources. However, as the Czech lands of 16th to 18th centuries were not an isolated island, but rather one of the focal points of wider European society heavily linked to the surrounding developments, this thesis also deals with this wider context of the phenomenon studied. Asylum Law of the 16th to 18th centuries was diverse and open, but also ambivalent, haunted by difficult problems and conflicts. However, its main importance lay primarily in the fact that it dampened or restricted the severe...
|
|
|
The Office of the Vicar General
Přibyl, Stanislav ; Hrdina, Antonín (referee) ; Plavec, Karel (referee)
The initial part of the thesis deals with the term of the ecclesiastical office in general. An ecclesiastical office is any function constituted in a stable manner by divine or ecclesiastical ordinance to be exercised for a spiritual purpose. An ecclesiastical office is conferred to a suitable person with canonical provision. An office might be lost due to natural causes, due to the will of its holder or due to the will of the competent authority. The following parts of the thesis deal with its proper topic, i.e. the office of the vicar general. Firstly, a brief history of this office is mentioned: the origins of the office of the vicar general go back to the administrative organisation of the Roman Empire, and the office itself was developed in the Middle Ages after the papal seat had been removed to Avignon. There is also a reference to vicars general in the Czech history and to the probably most famous holder of this office, to St John of Nepomuk. Secondly, the qualities of the office of the vicar general are analysed, i.e. the nature of the power, its exclusivity and uniqueness in the diocese, its relation to the diocesan bishop and to other authorities of the diocese and competences of the vicar general. Finally, the thesis deals with limits related to the office of the vicar general and with...
|
|
|
The Right of Exclusion in the Papal Elections
Suchánek, Drahomír ; Hrdina, Antonín (advisor) ; Kubín, Petr (referee) ; Valeš, Václav (referee)
The Right of Exclusion in the Papal Elections The project of this dissertation concentrates on the legal affairs, associated with the problem of exclusivity of catholic monarchs, applied in the form of veto privilege in papal elections. Although this claim was never officially recognized, it was used several times and influenced the effect of cardinal collegiums' voting. The study of this area should demonstrate legal basis of this question, ways and means of claiming the exclusivity right and diverse methods of interpretation of the supporters or opponents of its usage.
|
|
|
Actus formalis defectionis ab Ecclesia catholica - Canon Law Institute in Context of Ecclesiastical Law and Pastoral Ministry
Man, Zdeněk ; Hrdina, Antonín (advisor) ; Plavec, Karel (referee)
1 Anotace / Annotation Jméno a p íjmení autora: Zden k Man Název diplomové práce: Actus formalis defectionis ab Ecclesia catholica - institut církevního práva v kontextu konfesního práva a pastorace Název práce v angli tin : Actus formalis defectionis ab Ecclesia catholica - Canon Law Institute in context of State Ecclesiastical Law and Pastoral Ministry Katedra: pastorálních obor a právních v d Vedoucí diplom. práce: prof. JUDr. Antonín Ignác Hrdina, DrSc., O.Praem. Rok obhajoby: 2011 Po et stran: 170 Anotace Diplomová práce se zabývá institutem tzv. formálního úkonu odpadnutí od katolické církve (actus formalis defectionis ab Ecclesia catholica), který byl jako zvláštní kanonický institut vložen do Kodexu kanonického práva (CIC) 1983 (kánony 1086 §1, 1117, 1124). Institut je zkoumán v kontextu existence konfesn -právního institutu "vystoupení z církve" ve sledovaných zemích (SRN, Rakousko, Švýcarsko) a také v kontextu souvisejících pastora ních otázek. Problém odpovídající kanonicko-právní reakce na "vystoupení z církve" však institut actus formalis defectionis ab Ecclesia catholica vy ešit nepomohl, proto práce hodnotí jako pochopitelné, že byl církevním zákonodárcem s právní ú inností v roce 2010 zrušen. Annotation This thesis considers the institution of the formal act of defection from the Catholic...
|
|
|
Preparation for married life according to the canon law
Matějková, Monika ; Hrdina, Antonín (advisor) ; Plavec, Karel (referee)
V ANGLICKÉM JAZYCE Titule: Preparation for entering marriage according to the canon law The topic of this diploma paper is the marriage preparation according to canonical law. Thesis is divided into three parts. The first chapter is focused on pastoral fields of marriage preparation. The next part discusses pre-marital enquiry in ecclesiastical law as well as nuptial protocol. The third chapter examines the difficulties that ought to have been discovered during the preparation but have to be adequately solved later (usually dispense claims). Included in the diploma paper is also a research of 49 engaged couples carried out in order to survey pastoral and legal marriage preparation in practise. Key words: marriage preparation, canonical law, engaged couples, nuptial protocol, dispense
|
|
|
Christianity freedom - concept and problems of acknowledgement in canon law
Kolářová, Marie ; Hrdina, Antonín (advisor) ; Kašný, Jiří (referee) ; Šprunk, Karel (referee)
Christianity freedom - concept and problems of acknowledgement in canon law Key words: Theory and Philosophy of Law, Concept of Law, Freedom of a Christian, Morality, Rights of Catholics First part: The concept of freedom that is within philosophy and law theory understood in different meanings - distinction among transcendental freedom, freedom of choice and freedom in Christ. Second part: The concept of law; the relationship between law and values. The nature of canon law; is canon law a juridical or a theological science? School of thought in the contemporary debate about the nature of canon law. Law is one aspect of a complex social reality. I Third part: The nature of the Church; the visible and the invisible church. The renewed theological vision of the nature of the Church. The place of law in the Church. Two distinct ecclesiologies: one of the Church as sacrament and communion, the other of a juridicalIy organized perfect society. Fourth part: The close relationship of law norms and moral norms in the juristic regulation of the Church. The distinction between to conduct according moral and law norms. Framework of morality. Moral norms encourages persons to be virtuous. Fifth part: The fundamental human rights are .inseparably interconnected in the very person. The fundamental human rights...
|
|
|
To the Legal Status of the Catholic Church as a Public Law Corporation within National Law - An Outline of a Concept
Man, Zdeněk ; Hrdina, Antonín (advisor) ; Plavec, Karel (referee)
The thesis brings an outline of the concept so-called special public law status (recognition as a public law body), that provides church and religious communities with an organizational framework peculiar to public law corporation (corporate body under public law), focused on the catholic church. Therefore at the thesis are analysed the foreign models of an application of this concept, in the concrete in Switzerland and in Germany, that might be, as well, an instructive inspiration for Czech Republic. The public law status is through this thesis sets into the context of the modern constitutional state, as one of the signs of cooperation between state and church, hence it forms appropriate conditions to exert religious freedom. Keywords church, church - state relationships, state ecclesiastical law and church law, public law recognition, public law status, public law corporation.
|
|
|
Premonstratensian privileges in the canonical law currently in effect
Vácha, Pavel ; Hrdina, Antonín (advisor) ; Plavec, Karel (referee)
Anglická anotace Diploma Thesis Title Premonstratensian Privileges in the Canonical Law currently in effect Author Bc. Pavel Vácha Supervisor Doc. JUDr. Antonín I. Hrdina, DrSc. Annotation The theme of this work, i.e. Premonstratensian order privileges, is certainly not an extremely attractive topic for wide public. The auditorium, logically, limits itself to members of this particular order and those who are anyhow facing related problems. However, with regard to its systematic approach, this work may become contributive for those, who concentrate on studying privileges as phenomena both in secular, and in canonical law. The author has himself set rather a difficult goal: not to present an essay on Premonstratensian privileges requesting previous studies of privileges both in secular, and, consequently in canonical law, but, just conversely: step-by step, he accompanies the reader through this topic, starting from a general level, to individual privileges of this order. Therefore, the first section starts with characteristics of a privilege, and describes its usage in Roman law, which can be considered a joint source for secular and general law. The second section, however, is fully dedicated to canonical law. The first part concentrates on a historical overview of use of privileges, with a special...
|
guest ::
RSS feed.