Primi appunti per una storia delle origini della Teologia del Diritto (canonico)
The Theology of Canon Law which emerged in Catholic canonistics based on the teaching developed at Mörsdorf is deeply rooted in a specifically German problem regarding the juridical autonomy of churches with respect to the State. The question was raised by Sohm, who denied any such form of autonomy:...
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Veröffentlicht in: | Ius canonicum 2010, Vol.50 (99), p.221-253 |
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Format: | Artikel |
Sprache: | ita ; spa |
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Zusammenfassung: | The Theology of Canon Law which emerged in Catholic canonistics based on the teaching developed at Mörsdorf is deeply rooted in a specifically German problem regarding the juridical autonomy of churches with respect to the State. The question was raised by Sohm, who denied any such form of autonomy: Kirchenrecht is an exclusive prerogative of the State and contradicts the nature of the Church. In Barmen (1934), the evangelical Church led by Barth rejected the racial Nazi laws and laid claim to autonomous intra-ecclesial regulation (also known as Kirchenrecht), which was to be grounded in Kirchenrechtstheologie and in philosophical terms. In the post-War period, the same line of though was pursued at Mörsdorf so as to «revitalize» pre-Conciliar Canon Law (Kanonischenrecht). However, in so far as German vocabulary and culture had changed, this also involved interchanging Kanonischenrecht and Kirchenrecht. Sohm's Kirchenrecht was the Law ofthe State concerning churches (Ecclesiastical Law), and Mörsdorf's was the Law ofthe Church concerning itself (Canon Law): that is, a single term to denote two irreconcilable phenomena. |
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ISSN: | 0021-325X 2254-6219 |