Erwägungen zur Bestimmung des Partikularrechts
Tue first topic of the writing is the methodological question regarding the determination of the particular law. There are markable differences in the terminology when using the traditional terminology of the first codification, which was adopted by the 1983 Code as well, and in which the aspect of...
Main Author: | |
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Format: | Print Article |
Language: | German |
Check availability: | HBZ Gateway |
Journals Online & Print: | |
Fernleihe: | Fernleihe für die Fachinformationsdienste |
Published: |
Institution
2013
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In: |
Eastern canon law
Year: 2013, Volume: 2, Issue: 1, Pages: 161-176 |
Standardized Subjects / Keyword chains: | B
Particular law
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IxTheo Classification: | SA Church law; state-church law SB Catholic Church law |
Summary: | Tue first topic of the writing is the methodological question regarding the determination of the particular law. There are markable differences in the terminology when using the traditional terminology of the first codification, which was adopted by the 1983 Code as well, and in which the aspect of territoriality comes to the fore; when using the terms universalis-particularis in ecclesiological sense; when using the adverb particularis in the meaning of the CCEO referring to the principle of subsidiarity and finally the various levels of particularity in the particular norms. Tue second topic is the destination of the particular law, which has no space in the methodology, even though it is the first reason for the importance of the particular law in the Church. Its main function is to maintain the particularity (in sense of local realization) of the local Church in relation to the unifying function of the universal law. Since the function of the particular law is the reason for its existence, it should gain more importance in the methodological question as well. |
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ISSN: | 2064-0412 |
Contains: | Enthalten in: Eastern canon law
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