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...

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Bibliographic Details
Main Author: Duras, Mark (Author)
Format: Print Article
Language:German
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Published: Institution 2013
In: Eastern canon law
Year: 2013, Volume: 2, Issue: 1, Pages: 161-176
Standardized Subjects / Keyword chains:B Particular law
IxTheo Classification:SA Church law; state-church law
SB Catholic Church law
Description
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.
ISSN:2064-0412
Contains:Enthalten in: Eastern canon law