Funzione della pena, libertá e disciplina nei codici della Chiesa cattolica
The apostolic constitution "Pascite Gregem Dei", which recently came into force, has overturned the relationship between libertas and discplina in the sense of a reduction of the sphere of discretion allowed to the legitimate authority, of a greater attention to the protection of the commu...
| Main Author: | |
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| Format: | Print Article |
| Language: | Italian |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Monitor Ecclesiasticus
2020
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| In: |
Monitor ecclesiasticus
Year: 2020, Volume: 135, Issue: 2, Pages: 271-300 |
| Standardized Subjects / Keyword chains: | B
Catholic church, Pope (2013- : Franziskus), Verfasserschaft1, Pascite gregem Dei
/ Punishment
/ Criminal law
/ Prevention
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| IxTheo Classification: | SA Church law; state-church law SB Catholic Church law |
| Summary: | The apostolic constitution "Pascite Gregem Dei", which recently came into force, has overturned the relationship between libertas and discplina in the sense of a reduction of the sphere of discretion allowed to the legitimate authority, of a greater attention to the protection of the community, the prevention of crimes, the reparation of the damage and the reparation of the scandal. As regards the special part, new offences have been introduced, such as corruption in acts of office, while child abuse has been understood, more appropriately and modernly, as an offence against the dignity of the person. Without prejudice to these and other changes in accordance with the guiding criteria of a code that aims to oppose the relaxation of ecclesiastical discipline, the characteristics of imputability and culpability, of the mixed function of punishment, of the protection of the rights of the faithful, of the impossibility of claiming lawful conduct in the presence of traditional justification causes, and of the relations with the disciplinary dimension in the strict sense remain firm. The particular destination of this contrubution has allowed a postilla on freedom, about its evolution in philosophical and legal thought also with regard to today's developments in Church law and moral theology. |
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| ISSN: | 0026-976X |
| Contains: | Enthalten in: Monitor ecclesiasticus
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