Del paradigma codicial al paradigma constitucional
The law-centered or code-centered focus has given way to the età dei diritti, shaped by the revival of natural law after the Second World War. In theory, the law has not been at the center of canon law because of the undeniable validity of the ius divinum, although the code-focused paradigm has give...
| Main Author: | |
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| Format: | Electronic Article |
| Language: | Spanish |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
HeinOnline
2022
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| In: |
Ius canonicum
Year: 2022, Volume: 62, Issue: 124, Pages: 665-723 |
| Standardized Subjects / Keyword chains: | B
Canon law
/ Understanding of law
/ Legal realism
/ Law
/ Voluntarism
|
| IxTheo Classification: | SB Catholic Church law |
| Further subjects: | B
Derecho divino
B Derechos fundamentales B Paradigma constitucional B iusrealismo-iusvoluntarismo |
| Online Access: |
Volltext (lizenzpflichtig) Volltext (lizenzpflichtig) |
| Summary: | The law-centered or code-centered focus has given way to the età dei diritti, shaped by the revival of natural law after the Second World War. In theory, the law has not been at the center of canon law because of the undeniable validity of the ius divinum, although the code-focused paradigm has given rise to a canonical experience that depends almost exclusively on the legal text. Setting aside theoretical canonizatio, the code-centered paradigm has brought about a certain practical canonizatio in the juridical life of the Church. The age of rights transformed constitutionalism in the second half of the 20th century, yielding a more nuanced account of so-called paleopositivism and leading to iusmoralism, and blurring the boundary between iusnaturalism and iuspositivism. In order to clarify these questions, we turn to a fundamental debate that has conditioned the history of law and canon law up to the present day: iusvoluntarism or iusrealism. After examining some insufficient paradigms and their origins in canon law, the author points to the constitutional paradigm as the most appropriate for channeling and continuing the canonical tradition and the mission of the Church. |
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| ISSN: | 2254-6219 |
| Contains: | Enthalten in: Ius canonicum
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| Persistent identifiers: | DOI: 10.15581/016.124.001 |