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The problem of divorcees is a matter that affects all the Church. In fact, they must be reconsidered in the dignity of the faithful, with their rights and obligations within the ecclesial community. Therefore, the divorced are not only "social category", but first of all members, although suffering, the Body of Christ and for this reason need to be rethought forms of exclusion and marginalization practiced in the church. You must look at the problem not so abstract and general rules addressing ethical and social, but above all considering the reality of the life of the faithful, who as members of the Church in need of pastoral attention merciful. In this context, absolutely central is the right of access to the Eucharist. The sacrament is a gift free and that the Lord Jesus Christ has given to all people and, therefore, His will is the very foundation of the right of access to the Eucharist, as well as formalized in the can. 912 c.i.c. The Eucharist is the source of ecclesial life and for divorcees not remarried, who become witnesses of fidelity in marriage, both for the divorced and remarried civilly, for which the more reason there is a problem of reintegration in the ecclesial community. This directly involves the Church and its pastors, who are asked to exercise the duty of a careful discernment and accompaniment, avoiding any form of discrimination. The reintegration of ecclesial divorcees must be considered with a view to recover the value of ecclesial unity and the value inherent Eucharist. There are different ways of existence, from the review of cases of nullity of a previous marriage, the commitment to strengthen the spiritual communion of a marriage in which the right to the Eucharist sustains the recognition of living in continence. Even conjugal chastity appears as a virtuous dynamic in a new dimension of inner unity of man in his bodily and spiritual, and in a different perspective to the mutual gift, total and unlimited in time, man and woman.
This article concerns the individualization of guidelines for (ethically) contributing by legal experts or politicians to the production of a legislative text, even when inevitably, as part of the democratic process of law, that text does not adequately respond to the ethical requirements these experts or politicians believe to be fundamental. The issue is referred in particular to the ethical thought within the Catholic Church, showing the necessity of a peculiar consideration from moral theology. The essay presents the example of the legal recognition of partnerships other than marriage.
According to the 1984 Agreement between the Holy See and the Italian Republic, modifying the 1929 Lateran Concordat, ecclesiastic final judgments, which annul (or declare void) a canonical marriage with civil effects in Italy, are subject, on party motion, to a special recognition procedure before the italian Court of Appeal and – apart from other conditions required – cannot be recognised, at any rate, if contrary to italian public policy rules. With the 2014 decision herein analyzed, the italian Supreme Court of Cassazione has reversed a previous different trend in matrimonial matters and, for public policy reasons, has denied any possible recognition, whenever the married couple has been living together for (at least) three years after the marriage (subsequently annulled by the ecclesiastic courts). This essay aims at laying stress on the critical questions involved in that last trend.
There is a line of thinking according to which the Italian legal system in matrimonial matters should align itself with the foreign law (Western and European) and reject the domestic one, as if it was something of notoriously underdeveloped and devoid of current values. The study intends, on one hand, to examine the cultural and legal reasons that underpin this orientation, focusing on the contradictions and inconsistencies which accompany it; and, on the other hand, outline the proper elements of the legal tradition that should be maintained and promoted, also in a perspective of "updating" the institution.
The essay aims to demonstrate the existence, in the Italian legal system, of a constitutional model of family which is possible to glean through a full interpretation of the fundamental charter. This model, that can be considered original in the European and international context, is relevant for the evolution of the social institution of family, even under the legal aspects, because of several reasons. It could (and should) guide the policy makers (Parliament, in particular) in order to answer to the demand of recognition and protection of civil unions and other similar figures. Indeed, the identification of the essential core of this model is necessary to avoid totally subjective approaches in reading the constitutional rules about family. This approaches rick to overlook not only the historical and cultural roots of the model, but also its legal actuality (for instance, for a meaningful interpretation of the “margin of appreciation doctrine”, developed by ECHR in this matter). The proposal of the essay is also oriented to focus the ethical dimension of the problem, so to enrich the public debate about family institution according to an authentic pluralism of values, against partial and often reductive visions of the human person in society.
Paternity as a legal institute is historically marked by an instrinsical ambiguity: its aim is to acknowledge and provide judicial remedies for a natural phenomenon, which however cannot be ascertained and verified through the usual legal procedures. Legislators, therefore, never fail to evoke nature, but then they set off on a path of their own in order to regulate its different legal forms and cases. Moreover, civil law in Italy, during the transition from the law system of the ancien régime to modern codifications, is marked by the troubled coexistence of two different and diverse elements: on one hand the tradition of the Roman and Canon law, on the other the model provided by the French revolution and the Napoleonic code. Paternity is thus caged inside the ancient Roman presumption, while bastardy is abandoned to the free will and choice of the parent: given the prohibition to investigate paternity out of wedlock, introduced in the XIX-century codes, he cannot be compelled to take responsibility. The disparity of status between legitimate offspring and bastards would shape family law for a long time.
This study analyses the main elements that constitute the cultural framework in which the Extraordinary Synod of Bishops on the Family must be understood. Such cultural context is causing some alterations in which we may describe as “sociological chromosomes”, and is stirring the very roots of marriage. In the author’s view, in such modification of the essential structure of marriage the process of “criminalization” of the past, as well as the tensions that have been created in the dialectic between freedom and objective truth, are particularly important elements. One of their main consequences is the “dejuridification” of marriage. The author mentions also other collateral cultural factors, such as migrations, the increase of single-parent families and — from an ideological perspective — the spread of radical feminism. After considering some positive consequences of those factors, the author highlights other negative consequences for what is the core concept of the next Ordinary Synod and indeed of the Church’s pastoral doctrine in this area: the centrality of the family founded on the marriage between man and woman.
The contribution, after a concise reconstruction of improvement of synodal principle starting from Vatican II texts takes shape a progressive realization in terms of institution due to the papal legislation (as in the case of Synod of Bishops) and due to involving practise of already institutes (as cardinal College). The focus about interest in oriental experience of synodality is linked to analysis of innovative method wanted from Pope Francesco for two synods on the family.
This paper examines the domestic violence phenomenon, focusing mainly on murders, analyzing its motivations, quantitative and qualitative aspects, and perceiving filicides, femicides and violence against the elderly. Statistical data are provided to refuse the idea of an increasing number of domestic violence episodes nowadays. Moreover, the Author talks over some possible explanations, useful to understand the phenomenon and the social distress it causes.
In this Essay the Author underlines the peculiarities and uniqueness of canonical Equity, which derive from the special legal order of the Catholic Church. Such features of canonical Equity strictly derive from the basic purpose of the Catholic Church, namely the salus aeterna of every Believer