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La Chiesa, il diritto e la giustizia

digital La Chiesa, il diritto e la giustizia
Articolo
rivista JUS
fascicolo JUS - 2019 - 3
titolo La Chiesa, il diritto e la giustizia
Church, law and Justice
autore
editore Vita e Pensiero
formato Articolo | Pdf
online da 04-2020
doi 10.26350/004084_000049
issn 00226955 (stampa)
€ 6,00

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The rejection of the law by the Church ( anti jurisprudence current) on the part of various doctrinaire currents during the last thousand years has been brought about by manifold factors and has been supported by a variety of considerations. Some of these considerations concerned the Church more than the law. These considerations regarded ecclesiastical authority , the Church’s exercise of power. The considerations were based on a negative vision of law because of its own coactivity. But the conception of law ( as a collection of normative prescriptions coming from the powers that be) is to be found in institutions that have carried them into the Church though with precise theological motives intending to make law applicable to character of the Church community. Marginal attention has been given on a doctrinal basis to the necessary relationship between law and justice — although this necessary relationship depends essentially on its doctrinal basis. This study means to develop the above aspect in order to demonstrate how law and justice find their highest justification in God’s designs for humankind and the Church. In such designs, one must look for the solutions of the problems they pose while being fully aware of the difficulties that accompany these inquiries as God is a never entirely fathomable mystery. But in rejecting law ( to which justice is necessarily linked) with the idea of freeing oneself from the problem’s complexity, would be a serious mistake bringing negative effects to society and mankind which the law is meant to serve.

keywords

canon law, Church, faith, justice