Recepcje prawa rzymskiego w obrzędzie święceń kapłańskich

• Authors: Viktoriya Semenova

Title variants

EN

Receptions of Roman Law in the Rite of Ordination to the Priesthood

• Languages of publication: PL

Abstracts

EN

Researchers of the Roman-Catholic Church’s liturgy usually consider its histori- cal, cultural, and theological dimension, whereas its legal dimension is barely noticed. It can be observed when applying the Roman law methodology. Specific institutions, legal constructions and formulae become apparent in the specific gestures, words, and order of the liturgy. All this indicates that the latter carry specific legal meaning, and hence, specific commitments, which are legally binding. The research problem pursued by the author: Does the rite of ordination in the Roman-Catholic Church contain receptions of Roman law and are they noticeable? has been concluded positively. In her analysis of ordination, the author points out the undoubtedly Ro- man legal acts, such as mancipacio, nexum, and stipulacio. Moreover, using a legal-comparative methodology, she shows the hierarchy of the status of the bishop and the presbyter in the Church based on the model of a Roman family structure (pater familias) and indicates the change in the status of the presbyter in relation to the bishop after the latter’s laying on of hands (mancipacio). All of the above enables an analysis of other Church rites to examine the receptions of Roman law, shows the liturgy rituals as acts that are legal in essence and as such are legally binding, creates premises to put forward a hypothesis about the existence of a doctrine of liturgical law, and allows resolving cases using the method of Roman law.

Keywords

PL

receptions, Roman law, rite of ordination to the priesthood, laying on of hands, sta- tus, mancipacio, nexum, stipulacio, pater familias, bishop, presbyter, commitments

EN

receptions, Roman law, rite of ordination to the priesthood, laying on of hands, sta- tus, mancipacio, nexum, stipulacio, pater familias, bishop, presbyter, commitments

• Publisher: Uniwersytet Śląski
• Journal: Z Dziejów Prawa
• Year: 2018
• Volume: 11
• Issue: 2
• Pages: 47-59

Dates

published

2020-04-19

Contributors

author

Viktoriya Semenova

• Kijów