Philosophy Canon Law and
Vol. 1
The Family Institution:
Identity, Sovereignty, Social Dimension
Wydawnictwo Uniwersytetu Śląskiego • Katowice 2015
Editor-in-Chief
Andrzej Pastwa
Deputy Editor-in-Chief Pavol Dancák Members of the Board
Krzysztof Wieczorek (Chair of Philosophy Department) Tomasz Gałkowski (Chair of Law Department)
International Advisory Board Chair
Most Rev. Cyril Vasil’ (Pontifical Oriental Institute, Roma, Italy) Members of the Board
Libero Gerosa (Faculty of Theology in Lugano, Switzerland), Wojciech Góralski (Cardinal Ste- fan Wyszyński University, Warsaw, Poland), Stephan Haering (Ludwig Maximilian University of Munich, Germany), Janusz Kowal (Pontifical Gregorian University, Roma, Italy), V. Bradley Lewis (Catholic University of America, Washington, D.C., USA), Wilhelm Rees (University of Innsbruck, Austria), David L. Schindler (Catholic University of America, Washington, D.C., USA), Santiago Sia (National University of Ireland, Dublin, Ireland), Zbigniew Suchecki (Pon- tifical University Antonianum, Roma, Italy)
Referees of the Board
Miguel Bedolla (University of Texas, San Antonio, USA), Alexandru Buzalic (Babeş-Bolyai University, Cluj-Napoca, Romania), Francišek Čitbaj (University of Prešov, Slovak Republic), Roger Enriquez (University of Texas, San Antonio, USA), Silvia Gáliková (University of Trnava, Slovak Republic), Edward Górecki (Palacký University, Olomouc, Czech Republic), John P. Hit- tinger (University of St. Thomas, Houston, USA), Piotr Kroczek (Pontifical University of John Paul II, Cracow, Poland), Thomáš Machula (University of South Bohemia in České Budějovice, Czech Republic), Giuseppe Milan (University of Padova, Italy), Damian Němec (Palacký Uni- versity, Olomouc, Czech Republic), Stanislav Přibyl (University of South Bohemia in České Budějovice, Czech Republic), Alina Tata (Babeş-Bolyai University, Cluj-Napoca, Romania), Wiesław Wójcik (Polish Academy of Sciences)
Statistical Editor: Wojciech Świątkiewicz Secretaries: Jadwiga Sebesta, Witold Kania English Language Editor: Michelle Adamowski French Language Editor: Dorota Śliwa Italian Language Editor: Agnieszka Gatti
Contents
Part One
Philosophical Thought
Pavol Dancák
Family and Polis. The Socio-Philosophical Legacy of Plato and Aristotle at the Present Time
Krzysztof Wieczorek
The Family in the Contemporary World. Catholic Social Teaching and Gender Helena Hrehová
The Role of the Women in the Development of Human Rights Aneta Gawkowska
New Feminism as a Response to the Modern Crisis of Community Yosyp Veresh
Love as a Gift of Self. Call to Holiness in Christian Marriage in the Light of Eastern Monasticism
Witold Kania
Moral Issues of Advance Directives
Part Two
Juridical Canonical Thought
Andrzej Pastwa
“Common Good of Marriage and the Family.” Canonical Reflections Tomasz Gałkowski
Sovereign Family
19 51 67
85 103
123 143 7
Contents
4
Piotr Majer
The Significance of the Canonical Form of Marriage Stanislav Přibyl
Effects of Matrimonial Canon Law: Pastoral Aspects Piotr Kroczek
Church Teaching on Marriage and Family as an Instruction for the State Legislator in the Context of Poland
Lucjan Świto
Family as a Subject of Protection in the State Family Policy
Part Three
Reviews
Wojciech Góralski, Andrzej Pastwa, Rodzina suwerenna — Kościół domowy.
W nurcie współczesnej myśli prawnej Kościoła powszechnego i Kościoła w Polsce — Józef Krzywda
Rodzina i polityka. Ed. Elżbieta Szczot — Jacek Szczot
Filozofia polska na tle filozofii europejskiej w XX wieku. Ed. Maciej Woźniczka
— Marek Rembierz
Wojciech Załuski, Game Theory in Jurisprudence — Wiesław Wójcik
Joanna Trzópek, Na tropach podmiotu. Między filozoficznym a empirycznym ujęciem podmiotowości — Adam Olszewski
Roman Míčka, Znovu jsme se ujali dědictví otců… Konzervativní politický katolicismus v USA na pozadí komparace Michaela Novaka a Patricka Buchanana
— Stanislav Přibyl Notes on Contributors
157 175 199 215
233 237
243 249 253 257 261
Notes on Contributors
Pavol Dancák, Professor, Ph.D., graduated from the Cyril and Methodius Ro- man Catholic Faculty of Theology in Bratislava in 1988, and in the same year received the priest’s ordination. He worked as a parish priest and in 1996 was appointed as a censor in beatification of Bishop Paul Peter Gojdič, and later also in the process of beatification of Bishop Vasil Hopko, Th.D. In 1995, he began to study philosophy at the Philosophical Faculty of Papal Theological Acad- emy in Cracow. In 2001, with the supervision of Professor Karol Tarnowski, he defended his doctoral dissertation The Issue of Education in Teaching of John Paul II. On April 27, 2005, he attained his habilitation in history of philoso- phy with a book Historical and Philosophical Reflections of Paideia in Works of Karol Wojtyla, at the Faculty of Arts, University of Prešov in Prešov, and on January 29, 2011, he was appointed Professor of History of Philosophy. On August 1, 2002, he was employed as Vice-Dean for Development and External Relations at the Greek Catholic Theological Faculty of University of Prešov in Prešov, Slovak Republic, and currently Professor Dancák is the Head of Depart- ment of Philosophy and Religion. He is a member of the Academic Council of GTF UP in Prešov and the Academic Council of the St. Elizabeth University of Health and Social Work in Bratislava.
Tomasz Gałkowski C.P., Associate Professor at the Cardinal Stefan Wyszyński University in Warsaw (UKSW), graduated from the Pontifical Faculty of The- ology “Bobolanum”: SJ in Warsaw. In the years 1991–1995 he studied Canon Law at the Pontifical Gregorian University in Rome, where on the basis of the dissertation Il quid ius nellà realta umana e nella Chiesa he received his doctorate degree. He was awarded with the Bellarmin’s Prize for his publica- tion (Analecta Gregoriana 269, Roma 1996). In 2007, he received habilitation at the Faculty of Canon Law from the Cardinal Stefan Wyszyński University
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262
in Warsaw. His monograph Right—Duty. Priority and Interdependence in the Law Orders: Canonical and the Secular Society earned him the Prize of the Rector of the University. He is the author of about 70 academic publications.
His academic interests include issues related to the ratio legis of the canonical norms and issues of common law and canon law. Currently, he is a judge at the Archidiocesan Tribunal of Łódź and a Professor at Canon Law Faculty of the UKSW in Warsaw.
Aneta Gawkowska, Ph.D., is a Senior Lecturer at the Chair of Sociology and Anthropology of Custom and Law, Institute of Applied Social Sciences, Uni- versity of Warsaw, where she teaches sociological theories, communitarianism, and New Feminism. She was awarded scholarships at the Institute of Human Sciences in Vienna and at the University of Notre Dame (USA). Author of the book Taking Community Seriously? Communitarian Critiques of Liberalism (Warszawa 2011) and Skandal i ekstaza. Nowy Feminizm na tle koncepcji po- jednania według Jana Pawła II [Scandal and Ecstasy. New Feminism in Light of the Concept of Reconciliation According to John Paul II] (Warszawa 2015), and numerous articles; co-editor of the book Teorie wspólnotowe a praktyka społeczna: Obywatelskość, polityka, lokalność (Warszawa 2005). Her academic interests include: social theory, political philosophy, communitarian theories, New Feminism, and theology of the body.
Helena Hrehova, Professor, Ph.D., graduated in history and Slovak language, and literature from the P.J. Safarik University in Košice. Emigrated to Italy in 1986, where she studied philosophy and theology at the Pontifical University of St. Thomas Aquinas (Angelicum) and then 1st cycle and 3rd cycle degree programs at the Pontifical Gregorian University in Rome, where she earned a doctorate in 1995. In 1999, she obtained habilitation at the Palacky Univer- sity in Olomouc, and in 2004 she was appointed a Professor of Theology by the President of the Czech Republic, Vaclav Klaus. Lecturer at the Faculty of Philosophy and Arts at the Trnava University since 1996. Head of the Depart- ment of Ethics and Moral Philosophy and the author of numerous monographs, university textbooks, chapters in monographs, and over 150 articles and stud- ies home and abroad, for example, Pohľad do dejin etickych systemov (1998), Ruska ortodoxna moralna teologia v perspective “od obrazu k podobe” (2001), Kresťanske cnosti vo vychodnej spiritualite a duchovnej literature (2002), Eti- ka—socialne vzťahy—spoločnosť (2005), Rozvažnosť a voľba podľa sv. Tomaša Akvinskeho (2006), Moralna filozofia Jacquesa Maritaina. Reflexie o etike a moralke (2006), Eticka rozprawa o cnosti a dobrokrase. Aretologicko-filokali- sticke reminiscencie (2009), Fenomen krasy v slovanskom mysleni (2011), Etika a kultura (2012), Zaklady moralnej teologie v dejinnom kontexte I. (2012), Za- klady moralnej teologie v dejinnom kontexte II. (2014). Permanent member of
Notes on Contributors 263 the Accreditation Commission for the Field of Human Sciences at the Ministry of Education, Science, Research, and Sport of the Slovak Republic since 2003.
Lecturer at the Faculty of Theology at the Trnava University, at the Faculty of Theology, Palacky University in Olomouc, and currently at the Masaryk Uni- versity in Brno. In the center of her academic interests are: moral theology and moral philosophy, history of ethics, philosophy of Thomism and Neothomism, Russian religious philosophy, and personalism. Part of her academic school are as well ten successful Ph.D. graduates. At present, she has been leading three Ph.D. students.
Witold Kania, Ph.D., priest of the archdiocese of Katowice and an associate professor of philosophy at the Faculty of Theology, University of Silesia, Kato- wice, Poland. He received his doctorate in philosophy from the University of Navarra, Pamplona, Spain. He was visiting researcher at Kennedy Institute of Ethics at Georgetown University, Washington D.C. Currently he is a member of the Bioethics Committee at the School of Medicine in Katowice, Poland. His publications include several articles concerning metaethics and selected issues in applied medical ethics.
Piotr Kroczek, Professor UPJPII, priest of the Bielsko-Biala Diocese, Poland.
In 2001 he obtained his MA in theology, in 2003 JCD, and in 2011 habilitation degree in legal science; Professor Extraordinarius since 2014. He lectures at the Faculty of Canon Law and at the Faculty of Social Sciences, the Pontifical University of John Paul II in Cracow. He specializes in theory of law and mar- riage law. His latest books are entilted: The Art of Legislation: The Principles of Lawgiving in the Church (2nd. rev. ed. 2012), and Wychowanie: optyka prawa polskiego i kanonicznego [Upbringing and Education of Children from the Per- spective of Polish Law and Canon Law] (2013).
Józef Krzywda C.M., Professor, Ph.D., ordained a priest in 1969. In the years 1971–1976, he studied at the Faculty of Canon Law at the Academy of Catho- lic Theology in Warsaw; afterwards, he accepted the position of a Canon Law lecturer in the Higher Theological Seminary in Kraków, acting in the capacity of the principal—students’ form teacher in Cracow. In 1980–1984 he worked as a lecturer in the Higher Theological Seminary in Madagascar. He returned to Poland in 1984 to continue his work in the Higher Theological Seminary in Cracow. In 1997 he began to work in the Pontifical University of John Paul II in Cracow, where he was awarded a Ph.D. and later became an Associate Professor.
In 2010 he received the scientific title of the Professor of Theology. Holding the position of the Chair of the Department of Marriage Law, he dealt with the re- search on marriage law and the issues related to the family. He published a great number of articles, among others, in the journal Jus Matrimoniale (edited by
Notes on Contributors
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Rev. Prof. W. Góralski). Another research area is the hierarchical system of the Church. Within the scope of this filed of study he published a book entitled Prymat papieski i Kolegium Biskupów w świetle nauki Vaticanum I i II (Kraków 2008).
Piotr Majer, priest of the Archdiocese of Cracow (Poland), an Associate Profes- sor at the Faculty of Canon Law, Pontifical University of John Paul II in Cracow, and also currently Chancellor for the Archdiocese of Cracow. He received his S.T.L. from the Pontifical Theological Academy in Cracow in 1990, a J.C.D.
degree from the University of Navarra (Spain) in 1996, and earned his habilita- tion in canon law from the Cardinal Stefan Wyszyński University in Warsaw (Poland) in 2010. He is a consultor on the Law Council of the Polish Episcopal Conference and the author of numerous canonical publications. In the past he served both as a judge and a defender of the bound of the Metropolitan Tribunal of Cracow.
Adam Olszewski, Professor at the Pontifical University of John Paul II in Cra- cow, priest in the Archdiocese of Krakow (ordained in 1983); graduated from the Faculty of Theological at the Pontifical Academy of Theology in Cracow (1983), where he received his doctor’s degree (1996) and habilitation (2010) in phi- losophy. Since 1996 a lecturer at the Pontifical Academy of Theology, which in 2009 became the Pontifical University of Pope John Paul II in Cracow. His field of interest is logic, philosophy of logic, philosophy of mathematics, Church’s Thesis. He is the author of several papers and a monograph on Church’s Thesis:
Teza Churcha. Kontekst historyczno-filozoficzny (Kraków 2009).
Andrzej Pastwa, Professor UŚ, priest in the Archdiocese of Katowice, gradu- ated from the Faculty of Canon and Secular Law of the Catholic University of Lublin (1991), where he received his Ph.D. in Law Studies, in the field of canon law (1995), as well as his postdoctoral degree in law, in the field of canon law—
marriage law (2008). Since 1992 he has been working at the Metropolitan Tribu- nal for the Archdiocese of Katowice, currently as a judge. Between 1999–2001 lecturer at the Higher Silesian Seminary. Since 2001 employed as a scholarly- didactic staff member at the Theological Faculty of the University of Silesia, Katowice. He is a member of Consociatio Internationalis Studio Iuris Canonici Promovendo, Consociatio Iuris Canonici Polonorum, as well as Commission for Polish-Czech and Polish-Slovak Relations of the Polish Academy of Sci- ences. His scholarly achievements contain, among others, monographs: Prawne znaczenie miłości małżeńskiej (Katowice 1999), Istotne elementy małżeństwa.
W nurcie odnowy personalistycznej (Katowice 2007), as well as “Przymierze miłości małżeńskiej.” Jana Pawła II idea małżeństwa kanonicznego (Katowice 2009). Currently, he is a Professor and Chair of Canon Law and Ecumenical Theology at the Faculty of Theology at the University of Silesia.
Notes on Contributors 265 Stanislav Přibyl, Ph.D., J.C.D, is a priest of the Catholic Prague Archdiocese.
He was ordained in 1996. He studied at the Law School of Charles University in Prague and the Faculty of Canon Law at the Institutum Utriusque Iuris of the Pontifical Lateran University in Rome. His thesis Ekumenismus a právo (Ecumenism and Law) was published in 2006. In 2011, he received the degree of docent following a successful defence of his study Tschechisches Staatskirch- enrecht nach 1989. He is a judge of the Metropolitan Church Court in Prague;
teaches church and civil law at the Theological School of South Bohemian Uni- versity in České Budějovice. He also works as a researcher at the Institute of Religious Liberty Questions, the Faculty of Law in Trnava. Presently serves as a spiritual administrator of the St. Gabriel Church in Prague—Smíchov.
Marek Rembierz, Ph.D. Assistant Profesor, employmed as a research and di- dactic worker at the University of Silesia in Katowice (since 1997), Faculty of Ethnology and Education in Cieszyn, Assistant Professor with academic habili- tation. Academic promotions: 2011—habilitation in the field of religious stud- ies at the University of Prešov in Prešov; 1999—doctoral defense, Doctor of Humanities in the field of philosophy at the University of Silesia in Katowice.
Performed the following functions: 2012–2014—Chair of Comparative Peda- gogy of Religion and Interreligious Dialogue in the School of Administration in Bielsko-Biała. His research interests include: philosophy, axiology and ethics;
intercultural education and pedagogy of religion; social pedagogy, social work, ethics of a social worker, religion vs. social work; religious studies, ecumenical and interreligious dialogue.
Jacek Szczot, J.C.D., research and teaching employee in the Departament of Administration Studies at the John Paul Catholic University of Lublin and in Wyższa Szkoła Kadr Menedżerskich in Konin. Specialist in the field of labor law, administrative law, and human resource management. Lecturer and in- structor. He presented a number of papers at national and international con- ferences. He is the author of numerous expert reports and evaluations in law and business activity. Member of many social and business organizations in which he provides free legal and organizational aid for people in need. He is the author, co-author, and co-editor of many Polish-Ukrainian publications: Nasz język polski—materiały pomocnicze do nauki języka polskiego, ed. K. Kawecka, J. Szczot (Lublin 2013); Współczesny rynek pracy wobec wyzwań XXI wieku, ed. W. Chomicz, J. Szczot (Konin—Lublin 2013); Gruźlica we współczesnym świecie—występowanie, objawy, leczenie, ed. J. Walecki, J. Szczot (Lublin 2013); Uczymy się języka ukraińskiego. Materiały pomocnicze do nauki języka ukraińskiego, ed. N. Ciołek, J. Szczot (Lublin 2014), as well as Polish pub- lications: Audyt wewnętrzny w jednostkach sektora finansów publicznych, ed.
(Lublin 2012); Standardy etyczne praktyki audytu wewnętrznego, co-ed. (Lu-
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blin 2013); Równy dostęp do zatrudnienia w administracji publicznej (Lublin 2014). In 1997–2001 a Member of Parliament in the Third Term Sejm; i.a.
member of the Parliament Social Policy Committee. He was Deputy Minister twice. In 2000–2001 Secretary of State in Ministry of Regional Development and Construction. Since 2007 Undersecretary of State in Ministry of Regional Development. Since 2002 an expert in Sejm Committees working on changes in Labor Code, among others.
Lucjan Świto, Professsor UWM, priest in the Archdiocese of Warmia, gradu- ated from the “Hosianum” Seminary in Olsztyn and the Faculty of Canon Law at the Cardinal Stefan Wyszyński University in Warsaw. He also studied at the Faculty of Canon Law of the Gregorian University in Rome, as well as at the Congregation for Divine Worship and the Discipline of the Sacraments and at the Apostolic Tribunal of the Roman Rota in Rome. He earned his doctorate, followed by habilitation, at the Faculty of Canon Law at the Cardinal Stefan Wyszyński University in Warsaw. Currently, he is a judicial vicar at the Metro- politan Court of the Archdiocese of Warmia, as well as the Head of the Depart- ment of Canon Law at the Faculty of Theology of the University of Warmia and Mazury in Olsztyn.
Yosyp Veresh, Rev. Dr., STD, is a Byzantine Catholic priest of the Greek- Catholic Eparchy of Mukachevo (Ukraine). He studied philosophy and theology in Ukraine at the Blessed Theodore Romzha Greek-Catholic Academy in Uzh- gorod, (1992–1995), in Austria at the International Theological Institute in Gam- ing, with a resurge program in Oxford, where he obtained his M.T.S., S.T.L., and D.T.S. degrees (1995–2004), and in Poland at the Pontifical University of John Paul II in Cracow, where he obtained his S.T.D. (2008–2010). In 1999–2003 he taught and served as vice-rector and rector at the Blessed Theodore Romzha Greek-Catholic Academy, Uzhgorod (Ukraine). Since 2005 he taught theology at the International Theological Institute (ITI) in Gaming, Trumau (Austria) where in 2010–2015 he was a lecturer in patrology and Eastern Christian studies and a Director of the Centre of Eastern Christian Studies. In 2010–2015 he was also coordinating the program Licentiate in Sacred Theology with concentration on Eastern Christian theology at the same Institute. He has published on the theol- ogy of marriage, anthropology, and spirituality in the Christian East. His re- search and teaching interests are: patristict theology and anthropology, Christian marriage and family, ascetical and mystical theology in the Christian East. At present, Rev. Veresh serves as academic and spiritual Director of the Language and Catechetical Institute Mission Outreach Program in Gaming (Austria), and is a Visiting Professor at the Faculty of Theology at the Ukrainian Catholic University in Lviv (Ukraine).
Notes on Contributors 267 Krzysztof T. Wieczorek, Professor, Ph.D., Director of the Unit of Logic and Methodology of the Institute of Philosophy at the University of Silesia. He stud- ied mathematics at the University of Silesia; two semesters of theology at Albert Ludwigs University of Freiburg, and philosophy in Cracow and Lublin. Scien- tific titles and degrees: 1978 Master of Science in Mathematics MSM; 1986 Doctorate degree in Philosophy; 1994 Habilitation thesis in Philosophy; 2005 Full Professor in Philosophy. He is the author of four books, co-author of five.
Published more than 200 articles. Visiting Professor at J. Palacki University, Ol- omouc; M. Bela University, Banska Bystrica; P. J. Safarik University, Koszyce.
Research cooperation, among others, with “Die Wolfsburg” Katholische Akad- emie des Bistums Essen; “Renovabis” Solidaritatsaktion der Diözese München/
Freising, Europäische Akademie für Lebensforschung, Integration und Zivilges- ellschaft, Wien.
Wiesław S. Wójcik, Associate Professor, Ph.D., an academic teacher at the In- stitute for the History of Science of the Polish Academy of Sciences (Head of the Team of History of Mathematics) and at the Janusz Korczak Pedagogical University in Warsaw; a member of the Copernicus Center for Interdisciplinary Studies (Head of the group: History of Mathematics: People — Ideas — Philo- sophical Aspects); member of the Commission of History of Science in Polish Academy of Arts and Sciences; member of the Team of Christian Pedagogy (attached to the Committee of Pedagogical Sciences); graduated in mathematics from the University of Silesia (Master’s degree) and philosophy at the Pontifical University of John Paul II (Master and Doctor’s degree). Scientific titles and de- grees: 1978 Master of Science in Mathematics MSM; 1991 Doctorate degree in Philosophy Ph.D.; 2002 habilitation thesis in history of science. He is the author and co-author of five books and has published more than 60 articles.
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