La doctrina canónica del siglo XX sobre el "Ius divinum"

Juan Fornés

doi:10.15581/016.48.14173

Juan Fornés e-mail

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Published: Nov 1, 2008

DOI: https://doi.org/10.15581/016.48.14173

How to Cite

Fornés, J. (2008). The canonical doctrine of the twentieth century on the «ius divinum». Ius Canonicum, 48(96), 435-475. https://doi.org/10.15581/016.48.14173

Authors

Juan Fornés e-mail

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Abstract

57

The divine law is a group of factors which composes the dimension of justice inherent to the mysterium Ecclesiae. It is convenient not to confuse the divine law with its historical expression, which is realized by the technical means which the juridical culture of every moment provides. The divine justice is immutable and irreformable; but its comprehension and its having to be in force in history of concrete content (positivation) and its expression through the adequate technico-juridical instruments (formalization) are progressive and, in some occasions, reformable because it can present elements of human law. The divine and the human law do not constitute two systems of separate law, but are integrated in the unity of the canon law. The work of authentication of what truly is the exigency of the divine law and of what is not, corresponds to the Magisterium of the Church; it is, in its ultimate and decisive phase, something extra-scientific which is the competence of the hierarchical ministry.

Keywords

Canonizatio, Positivation, Formalization

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Vol 48 No 96 (2008)

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