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引用次数: 0
摘要
La Franja和Sigena的争端反对各种教会实体以及几个西班牙地区当局,跨越了几个世纪,涉及具有巨大文化价值的教会产品。这场争端导致了教会法院和西班牙法院的多项裁决,包括民事法院、行政法院和宪法法院。不同的诉讼程序很好地说明了教会法律规范和州法律规范之间的相互作用,以及教会法院裁决在州法律体系中的相关性。这场争端还表明,出于宗教和政治原因,必须以敏感的态度处理文化财产争端,以及为什么让世俗当局处理宗教团体内部的争端是不明智的。
La Franja d’Aragó and Sigena: Ecclesiastical Property Disputes in Spain
The disputes of La Franja and Sigena oppose various ecclesiastical entities as well as several Spanish regional authorities, span several centuries, and concern ecclesiastical goods of enormous cultural value. The dispute has led to numerous rulings by ecclesiastical courts and Spanish courts, including civil courts, administrative courts, and the Constitutional Court. The different proceedings are a good example of the interaction between canon law norms and state law norms, as well as of the relevance of ecclesiastical court rulings within a state legal system. The dispute also shows the sensitivity with which cultural property disputes must be dealt with for religious as well as for political reasons and why it is not wise to let internal disputes within a religious group be handled by secular authorities.
期刊介绍:
Recent years have witnessed a resurgence of religion in public life and a concomitant array of legal responses. This has led in turn to the proliferation of research and writing on the interaction of law and religion cutting across many disciplines. The Oxford Journal of Law and Religion (OJLR) will have a range of articles drawn from various sectors of the law and religion field, including: social, legal and political issues involving the relationship between law and religion in society; comparative law perspectives on the relationship between religion and state institutions; developments regarding human and constitutional rights to freedom of religion or belief; considerations of the relationship between religious and secular legal systems; and other salient areas where law and religion interact (e.g., theology, legal and political theory, legal history, philosophy, etc.). The OJLR reflects the widening scope of study concerning law and religion not only by publishing leading pieces of legal scholarship but also by complementing them with the work of historians, theologians and social scientists that is germane to a better understanding of the issues of central concern. We aim to redefine the interdependence of law, humanities, and social sciences within the widening parameters of the study of law and religion, whilst seeking to make the distinctive area of law and religion more comprehensible from both a legal and a religious perspective. We plan to capture systematically and consistently the complex dynamics of law and religion from different legal as well as religious research perspectives worldwide. The OJLR seeks leading contributions from various subdomains in the field and plans to become a world-leading journal that will help shape, build and strengthen the field as a whole.