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Mravní jistota jako princip soudního rozhodnutí

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Kašný J.
Studia theologica
|
2019
|
vol. 2
123-133
EN
The article examines the requirement of moral certitude in a judicial decision in canon law according to canon 1608 of the Code of Canon Law of 1983. It opens with the Papal Allocutions of Pope Pius XII and Pope John Paul II. It analyses and comments on canon 1608 which rules moral certitude as a principle of the canonical sentence. It consequently examines various aspects of the process of reaching moral certitude, especially the process of collecting and evaluating the proofs, the right of defense of the parties to the process, and the obligation of the judge to appraise the proofs according to the judge’s own conscience. Finally, it concludes that the way to reach a sentence based on moral certitude is quite specific, corresponding to human decision-making before God, and at the same time, is a principle of decision-making in the context of human reason, freedom and responsibility. Moral certitude does not exclude any possibility of judicial error but does exclude every serious and positive doubt about the matter to be decided by the sentence.
2
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Spravedlnost v hebrejské Bibli

100%
Kašný J.
Studia theologica
|
2018
|
vol. 2
1-15
EN
The article examines to what extent justice is a value and an attribute of mutual human relations and actions and to what extent justice relates humans with God, in the Hebrew Bible, in the Torah, the Prophets and the Writings. The term justice is often connected with the law, although justice does not only involve fulfilling the rules of the law, but also includes solidarity in the family, in the community and in the world. The biblical understanding of justice liberates humans from destiny; it presumes freedom and responsibility. Justice is always treated in the context of human life and relations in the Hebrew Bible and in the context of earthbound life. The biblical understanding of justice surpasses, however, the human as homo economicus and homo politicus because justice relates humans to the living God who is just and merciful.
3
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Otevřenost pro rodinu Novozákonní východiska rodinného práva

100%
Kašný J.
Studia theologica
|
2021
|
issue 2
19-48
EN
The article examines the New Testament foundations of family law in the Household Codes (Col 3,17–4,1; Eph 5,21–6,9 and 1 Pet 2,18–3,7) in which the role and the mutual obligations and rights of the family members are established. An analysis and identification of the family law framework in the Household Codes are the focus of the first part of the article. In the second part of the article, selected Gospel texts in which Jesus meets parents and cures their children are analyzed to identify the legal structure of the family relations in these dynamic meetings. The method of study follows in the footsteps of methodical approaches called social‑ scientific criticism.
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Když se manželství nezdaří. Analýza novozákonních právních ustanovení pro takové situace

100%
Kašný J.
Studia theologica
|
2023
|
vol. 4
165-192
EN
Although faithful and lasting relations are valued as important characteristics of marriage in the Bible, not every marriage meets these characteristics. This paper examines the New Testament foundations of the legal rules and advice for Christians when their marriages fail and the marriage bond breaks up. It examines in what way the law protects the weak one in the situation, when marriage no longer provides the husband and wife a home and safety and even becomes a place of violence and destruction. The paper summarizes the Old Testament foundations concerning a faithful and lasting marriage and the legal rules to regulate the situations, when the marriage fails and a husband divorces his wife. It consequently analyzes and comments on the legal aspects of the situations when marriage fails as we read about it in the New Testament, in 1K 7,10‒16, Mk 10,2‒12, Mt 5,31‒32 and 19,2‒12 and Lk 16,18. It finally provides a summary of the commentaries in the Czech Ecumenical Commentary on the pertinent Biblical texts and finally has a few final comments.
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