In the history of relations between the Argentinean government and the Holy See, two ideas are permanently intertwined: signing the Concordat and defending national patronage. The changes that occurred in the 1960s indicated that exercising the right of patronage, based on the principles outlined in the Constitution, was impossible, and the peaceful establishment of the principles of bilateral relations could only be indicated through an international agreement. The Concordat signed by Argentina in 1966 removed the national patronage, but (...) the changes to the content of the Constitution were introduced only in 1994. The aim of the study is to show the concordat agreement concluded in 1966 by Argentina with the Holy See as an example of an international agreement. The main focus is the presentation of concordat standards for the institution of patronage. Due to the subject and purpose of the study, the work uses methods typical of social sciences in the legal science discipline. The dogmatic-legal method is the basis for consideration of the Concordat as a source of Argentine law, and as an auxiliary method, the historical-legal method was used to show the historical background of the presented issue. (shrink)

The paper explores the events that preceded the conclusion of the Concordat between the Holy See and Romania (1927) and its effects. Both the Vatican and the Romanian Monarchy aimed at concluding a Concordat: the first, because the document was expected to provide a legal frame for the life of the Catholic Church, and the second, because such document contributed to its international visibility. Early talks, during the reign of Prince Al. I. Cuza and King Carol I, were (...) eventually unsuccessful. Discussions were resumed after the end of World War I. The Concordat was drafted essentially by the representatives of the Greek Catholic Church, without the consultation of the Latin bishops of Transylvania. The finalization and the ratification of the document were delayed, partly because of the objections of the Orthodox Church, and partly due to the disagreement regarding the fate of the Latin dioceses of Transylvania and the Patrimonium Sacrum. The Concordat was highly contested by the Latin bishops of Transylvania as it produced serious changes and difficulties. It stipulated the merger of the dioceses of Oradea and Satu Mare and caused severe problems concerning the management of Latin Catholic funds, previously administered by the Roman Catholic Status. The Concordat also affected the functioning of the confessional schools. (shrink)

The philosophy of Hitler is simplistic [primaire]. But the primitive powers that burn within it burst open its wretched phraseology under the pressure of an elementary force. They awaken the secret nostalgia within the German soul. Hitlerism is more than a contagion or a madness; it is an awakening of elementary feelings.But from this point on, this frighteningly dangerous phenomenon becomes philosophically interesting. For these elementary feelings harbor a philosophy. They express a soul's principal attitude towards the whole of reality (...) and its own destiny. They predetermine or prefigure the meaning of the adventure that the soul will face in the world.The philosophy of Hitlerism therefore goes beyond the philosophy of Hitlerians. It questions the very principles of a civilization. The conflict is played out not only between liberalism and Hitlerism. Christianity itself is threatened in spite of the careful attentions or Concordats that the Christian churches took advantage of when Hitler's regime came to power.But it is not enough to follow certain journalists in distinguishing between Christian universalism and racist particularism: a logical contradiction cannot judge a concrete event. The meaning of a logical contradiction that opposes two forms of ideas only shows up fully if we go back to their source, to intuition, to the original decision that makes them possible. It is in this spirit that we are going to set forth the following reflections. Emmanuel Levinas has been professor of philosophy at the Ecole Normale Superieure Israelite de Paris and at the University of Paris I . Among his books that have been translated into English are Totality and Infinity, Ethics and Infinity, Otherwise Than Being or Beyond Essence, and The Levinas Reader. His essay "As If Consenting to Horror" appeared in the Winter 1989 issue of Critical Inquiry. Sean Hand is lecturer in French at the University College of Wales, Aberystwyth. He is the editor of The Levinas Reader and the translator of Levinas's Difficult Freedom . He is currently completing a book on Michel Leiris. (shrink)

Freedom of Religion, Institution of Conscientious Objection and Political Practice in Post-Communist Slovakia1 The example of Slovakia is used to show how one of the post-socialist countries failed in fulfilling the demanding task of securing freedom of religious belief (including the right to conscientious objection) and, at the same time, securing all other human rights. An analysis of the methods used for changing the policies of pluralism and neutrality of the state into a policy of discrimination (e.g. concerning the registration (...) duty for churches) was carried out, followed by an analysis of a mechanism used for guaranteeing freedom of conscience of the members of the Catholic Church (the so-called Vatican Treaty). The treaty violates the prohibition of discrimination against women, because it makes it more difficult for them to have access to some health care services. Our hypothesis states that the hurriedly introduced right to conscientious objection is misused in this context as a means of regulating the politics of reproduction. In general, the re-Catholisation of the Slovak Republic follows two aims—to help in the fight for votes in the elections (because 70 % of Slovaks declare their religion to be Catholic), and to improve demographic development in the Slovak Republic (declared to be catastrophic by the Catholic Church), through hindering free access to abortions. (shrink)

The law commonly conceived as a norm : deficiency of this conception -- On some general hints of this deficiency, and in particular those evinced by the likely origin of the current definitions of law -- The need to distinguish the distinct legal norms from the legal order considered as a whole. The logical impossibility of defining the legal order as a set of norms -- How the unity of a legal order has been sometimes intuited -- How a legal (...) order is not only a set of norms, as it also encompasses other elements -- How such ements are implicitly postulated by the common inquiry into the distinguishing characteristics of law -- Assessment, from this point of view, of the so-called objectivity of law -- The element of sanction -- The expression "the legal order" -- The essential elements of the concept of law. The law as an institution and the law as a precept -- The preceding doctrine on the concept of institution -- My concept of institution and its fundamental characteristics : 1. The objective existence of the institution; 2. Institution and social body; 3. The institution's selfness; 4. The unity of the institution -- Equivalence of the concept of institution and the concept of a legal order -- Evidence for this equivalence based on the doctrine that the law is only "form" -- Mention of some problems that need solving in the light of this equivalence -- Cases in which the original establishment of a law does not depend on norms, but on the emergence of an institution, and the impossibility of reducing the institution to the norms -- The concept of institution and the international legal order -- The institution and the legal relationship: relationships between more persons -- Relationships between persons and things : examples of some of these relationships that, considered more broadly, cab be portrayed as institutions -- The institution and the legal person -- My conception of the law with respect to certain problems relating to : 1. The legal character of state power; 2. The extension of the state personality; 3. The legal relevance of its territory and citizenry -- Critical assessment of some opinions that attach importance to the legal order only insofar as it reflect relationships between persons. Applications to: 1. The legal sanction; 2. The state territory and citizenship; 3. The state bodies; 4. The limits of the legislative function -- Some consequences of my conception with regard to the subjective aspect of the law: the legal relationship; the status of persons; rights in rem; the correlation between rights and obligations; the equal position of subjects -- Recapitulatory remarks -- The plurality of legal orders and the doctrine that reduces all law to state law -- The untenability of this doctrine from a historical and theoretical point of view -- Its untenability with respect to the existing law -- Non-state legal orders; international law -- Ecclesiastical law -- The order of entities that are considered unlawful or are ignored by the state -- Entities that are regulated by the state, but also have an order of their own which is not recognized by the state (private disciplinary orders; the internal organisation of workplaces; so-called unrecognized associations or institutions, etc.) -- Doctrines that confine the concept of a legal order to the order of communities in general and specifically to necessary communities -- The relations between different legal orders. Principles that have to be taken into account with respect to : 1. Original or derivative institutions; 2. The particular or general ends of institutions; 3. Their diverse basis; 4. Simple or complex institutions; 5. Perfect or imperfect; 6. With or without personality; 7. Independent, coordinated or subordinated -- The concept of relevance of one order to another -- The title for this relevance: a. The relation of superiority and correlative dependence between two orders; b. The relation whereby an order presupposes another; c. The relation whereby reciprocally independent orders depend a further one; d. The relevance unilaterally attributed by an order to another on which it depends; e. The relation of succession between orders -- Diverse aspects (existence, content, effectiveness) expressing the relevance an order to another one. Cases in which the existence of an order depends on another: a. Complete subordination of the former to the latter which directly establishes the former or assigns limited autonomy to it. Independence, as far as its existence is concerned, of an order in case of a less expansive subordination (some spheres of the order of the states of a federal state vis-à-vis the latter; the order of states vis-à-vis international law) and general principles; b. In the hypothesis of an order that represents the presupposition of another (state law vis-à-vis international law) -- The relevance of an order to another with respect to its content. Various cases: a. The superior order as the mediated or unmediated source of an inferior order; the superior order (international law, ecclesiastical concordats) which is not the source, and yet affects the content of inferior orders; b. the Superior order about effects the content of more orders subjected to, which however are independent from each other; c. the order of that itself that determines its own content by considering a subjected or independent order : private international law; ecclesiastical law as it refers to civil laws; the law of the state that refers to ecclesiastical law; d. an order that incorporates another -- The relevance of an order to one another with respect to its effects: external and internal effectiveness of an order. Various cases of external effectiveness: a. The relationships between orders where the one partially or totally depends on the other; b. Relationships between more orders that are independent from each other because of a unilateral disposition of one or each of them. Private international law; civil effectiveness of ecclesiastical law; c. Relationships meeting more orders in which one is of the presupposition of the other; d. Relationships between orders that succeed each other -- Diverse extension of the relevance of an order to another. Applications with regard to the problem of so-called natural obligations -- The irrelevance of an order to another; total or partial, reciprocal or unilateral -- A legal order that as such is irrelevant to another, but it is relevant in other respects (orders that are considered unlawful by the state; corporations, de facto institutions) -- Total developments of an order to another: possibility of such an irrelevance also with respect to the order of the state -- Critical assessment of the opposite doctrine. The limitations of the state order; various figures and consequences; examples of matters that are legally indifferent to the state (private disciplinary orders; particular religious orders; the orders of some non-patrimonial associations; etc.) -- The internal orders of the institutions, especially state ones, vis-à-vis the order of other institutions in which they are included. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:How to Inherit a Kingdom:Reflections on the Situation of Catholic Political Thought*Russell Hittinger and Scott RonigerPrudenceIn 1890, in his Sapientiae Christianae, Pope Leo XIII wrote: "The political prudence of the Pontiff embraces diverse and multiform things, for it is his charge not only to rule the Church, but generally so to regulate the actions of Christian citizens that these may be in apt conformity to their hope of gaining (...) eternal salvation" (§37). The title of the encyclical means on principles of Christian practical wisdom, the truths concerning the pursuit in this life of our supernatural end. Leo was also referring to the regnative prudence of the pontifical office, directing citizens qua baptized. Even if the direction is about political morality, the prudential directives presuppose sanctifying grace and a supernatural end. In other words, such prudence is here proffered under the formality of the New Law.1In the concrete, directing those who have sanctifying grace to right [End Page 971] judgment and action regarding what belongs or does not belong to Caesar is not easily given or received. The lines and entanglements are contingent and fluid. At a consistory immediately after World War II, Pope Pius XII remarked that the triumph of democratic forms of government has at least one advantage: "The distinction between the Church and even the democratic State becomes increasingly clear."2 Divine providence includes two comprehensive communities, polity and ecclesia, which differ in their respective origin and end. In the thick of events, they are not always so clear. For the better part of two millennia, ecclesial and civil governments look very much alike from an institutional and sociological point of view. They share families, languages, costumes, arts and sciences, banks, moral principles, the same contemporary media—indeed, even sharing the same laws and international protocols. More than half of the European Union countries are under at least one concordat with the Holy See. Yet when we casually speak of "Church and state," it is easy to imagine two teams in the same order of things. Even so, Pius XII acknowledged that democratic government makes clear(er) that the first subject of the polity is the populus, the people, whereas the first subject of the ecclesia is the Holy Spirit.Beginning with Leo (1878–1903), pontifical prudence had to reckon with the benefits and challenges of representative governments. Whenever public responsibility is vested in the citizens, the baptized citizens bear a greater burden of distinguishing what properly belongs to the Church and to civil government. For in representative governments the citizens are not vassals or retainers of the king and his court. Therefore it falls more directly upon the people to understand the difference between Church and civil government.3Leo understood the world he inhabited. In Rerum Novarum (1891), he mused, "Nothing is more useful than to look upon the world as it really is" (§18). This marks an important change in papal letters after 1789. Christian wisdom has to be communicated not merely to Catholics who are subjects but also to Catholics who are citizens: in France, Germany, Italy, Belgium, [End Page 972] and so on. Thus, Leo observed in an allocution two years after Sapientiae Christianae: "Faith embodied in the conscience of peoples rather than restoration of medieval institutions is the way to final victory."4As it turned out, Leo's greatest problem was the French Church and the Third Republic, which became more aggressively laicist with every passing decade, even though it was still under the 1801 concordat signed by Napoleon and Pius VII. For Leo, much was at stake, chiefly the law of divorce, which had been excised from the Napoleonic Code. Born in 1810, Leo had seen the historical events: the captivity of Pope Pius VII and then his release by the French, the demise of Napoleon, the loss of the papal states (the longest continuous temporal government in western Europe, until the summer of 1870), and Otto von Bismarck's Kulturkampf. He possessed those chief parts of prudence: memory, foresight, circumspection, and above all caution!Writing to the French Church in 1892, he observed that:Founded by Him who was, who is, and who... (shrink)

Should research projects involving epidemiological modelling be subject to ethical scrutiny and peer review prior to publication? Mathematical modelling had considerable impacts during the COVID-19 pandemic, leading to social distancing and lockdowns. Imperial College conducted research leading to the website publication of a paper, Report 9, on non-pharmaceutical interventions (NPIs) and COVID-19 mortality demand dated 16th March 2020, arguing for a Government policy of non-pharmaceutical interventions (e.g. lockdowns, social distancing, mask wearing, working from home, furlough, school closures, reduced family interaction (...) etc.) to counter COVID 19. Enquiries and Freedom of Information requests to the institution indicate that there was no formal ethical committee review of this specific research, nor was there any peer review prior to their online publication of Report 9. This paper considers the duties placed upon researchers, institutions and research funders under the UK ‘Concordat to Support Research Integrity’ (CSRI), across various bioethical domains, and whether ethical committee scrutiny should be required for this research. (shrink)

La fundación de la revista La Ciencia Tomista se debe a los superiores de la Provincia dominicana de España. Con ella pretendían hacerse presentes en el mundo de la cultura española, a semejanza con otras revistas entonces publicadas por las instituciones religiosas renovadas tras el Concordato de 1851. Y también pretendían integrarse en el tomismo renovado bajo los auspicios de León XIII. El primer director de la revista fue el Fr. Alonso-Getino, quien le confirió su carácter de revista de alta (...) divulgación científica, filosófica y teológica y de atalaya de los movimientos culturales en España. El director de la revista fue elegido contando con sus méritos de joven profesor e investigador en el área de la historia de la teología española. Esos méritos se acrecentaron con los años y se convirtió en adalid de la investigación histórica dominicana. Su brillante carrera quedó, sin embargo, truncada por los acontecimientos de la guerra civil española y por la condenación por la S. C. del Santo Oficio de una obra suya en la que había puesto sus mejores sentimientos.La Ciencia Tomista journal was created by the religious superiors of the Province of Spain. They tried with it to be present in the world of the Spanish culture, as other journals published then by religious institutions renewed after the 1851 concordat did. They also tried to integrate into an updated Thomism sponsored by Leo XIII. Fr Alonso-Getino was the Director of the journal and the one who gave it the character of a high popular scientific, philosophical and theological journal, being a watchtower of the cultural movements in Spain. The journal director was chosen taking in account his merits as a young professor and researcher into the history of the Spanish theology. Those merits increased year after year and he became a leader of the Dominican historical investigation. However, his brilliant career was cut short by the Spanish war and the censure by the Sacred Congregation of the Holy Office of one of his books in which he had set his best feelings. (shrink)

Wallace Martin's response to "Literary Criticism and Its Discontents" is anything but naive. Its most sophisticated device is to posit my invention of a "naive reader" and to suggest that I would place the New Critics and their heirs in that category. But when I see the movement of criticism after Arnold as exhibiting an anti-self-consciousness principle or being so worried about a hypertrophy of the critical spirit that the spirit is acknowledged only by refusing its seminal or creative force, (...) I am not alleging naiveté but "organized innocence," or the privileged assignment of some given, intuitive power of creation to the area of art which excludes the area of philosophy or philosophically-minded commentary. This defensive partition of the critical and the creative spirit, which recognizes the intelligence of the creative writer but refuses the obverse proposition that there may be creative force in the critical writer, I have elsewhere named the Arnoldian concordat. Geoffrey Hartman, professor of English and comparative literature at Yale University, is the author of Criticism in the Wilderness. (shrink)

Émile Saisset (1814-1863) est un philosophe aujourd’hui bien oublié, bien qu’il ait été un insigne représentant de « l’école éclectique » qui a dominé l’enseignement de la philosophie en France entre 1820 et les années 1860. Au sein de cette école, il fut celui qui entretint avec le catholicisme un dialogue constant, et un des représentants les plus distingués du spiritualisme philosophique. Ce dialogue repose en partie sur la volonté de définir un nouveau magistère dans la société post-révolutionnaire, qui tienne (...) à la fois compte de la tradition portée par le christianisme et des nécessités d’affronter la « modernité ». Il a rêvé d’un concordat philosophique avec le christianisme. Il y avait une part de stratégie dans cette démarche, et les contemporains, comme les philosophes de la fin du siècle, n’ont pas manqué d’y voir une part d’hypocrisie. En réalité, il y avait aussi dans sa démarche une « inquiétude métaphysique », reposant sur les modalités d’articulation entre foi et raison dans un régime de société d’opinions. Si Émile Saisset a été oublié, c’est parce que la séquence historique qu’il incarne a été ensevelie sous la laïcité républicaine. Et pourtant, sa pensée et son action témoignent pour la construction française d’une acception spirituelle et philosophique du gouvernement politique. (shrink)

En 1941, deux ans après la fin de la guerre civile, le gouvernement espagnol a signé un accord avec le St-Siège par lequel le Chef de l’État, le Général Francisco Franco, intervenait directement dans la nomination des évêques et des archevêques diocésains. L’accord a été inclus dans le Concordat de 1953, qui a scellé les relations de coopération entre les deux États. Après le Concile Vatican II, le pape Paul VI a personnellement demandé au Général de renoncer à ce (...) privilège, mais Franco refusa, subordonnant son renoncement à une révision totale du Concordat. Le Roi Juan Carlos Ier a renoncé à ce privilège quelques mois après son couronnement ; ainsi les relations Église-État, compliquées pendant les dernières années du franquisme, se sont normalisées.In 1941, two years after the end of the civil war, the Spanish government signed an accord with the Holy See under which the Head of State, General Francisco Franco, intervened directly in the nomination of diocesan Bishops and Archbishops. The accord was included in the Concordat of 1953, which cemented cooperative relations between the two States. After Vatican Council II, Pope Paul VI personally asked the General to renounce the privilege, but Franco refused, linking his renouncement to a total revision of the Concordat. King Juan Carlos I renounced the privilege a few months after his coronation, thus normalizing Church-State relations, complicated during the last years of Francoism.1941, zwei Jahre nach dem Ende des Bürgerkrieges, unterzeichnete die spanische Regierung ein Abkommen mit dem Heiligen Stuhl, durch das der Staatschef, General Francisco Franco, direkt an der Ernennung der Diözesanbischöfe und -erzbischöfe beteiligt wurde. Die Übereinkunft wurde in das Konkordat von 1953 eingefügt, das die Kooperationsbeziehungen zwischen den beiden Staaten besiegelte. Nach dem Zweiten Vatikanischen Konzil hat Papst Paul VI. den General persönlich gebeten, auf dieses Privileg zu verzichten, doch Franco lehnte ab und ordnete seinen Verzicht einer umfassenden Revision des Konkordats unter. König Juan Carlos I. hat schon wenige Monate nach seiner Krönung auf dieses Privileg verzichtet, so dass sich die in den letzten Jahren des Francoregimes schwierig gewordenen Beziehungen zwischen Kirche und Staat normalisierten. (shrink)

"Friendship", for Aristotle, is a term with "focal meaning" which denominates relationships as casual as fellow travelers on a voyage, as permanent as spouses, and whose motives are as various as the commercial, military, religious, sexual, political and the virtuous. What can be said of all these relationships is that they involve a solidarity, a concordat, a reciprocity, which has its foundation in a common field between the parties and which produces common actions or exchanges. All friendships tend to (...) equality in the sense that they do not insist on what is due as an ultimate end; friendship, like equity, surpasses justice in the fulfillment of what is owed. Because friendship fosters solidarity and justice it is politically important as a virtue-context, according to Aristotle. Is it possible that friendship can function as a virtue-context within economic life as well? Aristotle's notion of a type of useful friendship which functions through expectation of moral behavior will be shown to provide both motive and context for the performance of acts of virtue in a business setting. (shrink)