The commission of the crime, the trial hearing and the consequent infliction or declaration of the penalty are symptoms of the fracture that has occurred within the ecclesiastical community and of the trouble that the homo viator has in fulfilling his destiny of redemption; a sign that the Church has difficulty in fulfilling its divine vocation completely, since in this way it sees its path towards salvation slowed down. However, the sanction and relative trial for its application can only be considered as an extreme and radical attempt for the reconciliation of the perpetrator of the unlawful behaviour with God and with his brothers, for the conscious recovery of his dimension of communion and his destiny of salvation. If, on one hand, it absolutely cannot be doubted that the legislative system of the Church is presented as an actual primary legal order, worthy of a nativum et proprium ius to resort to penal coercion, on the other hand, the theological element which is implied by the legal order of the Revelation, prevents every aspect of it - and particularly the penal aspect - from being considered as the fruit of a purely human reality to which the actual categories of secular rights can be applied. The understanding of the peculiarities that the canon penal system presents and the individual function that it performs must start from the absolute element that characterises this legislative order.
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|Titolo:||“Cum mansuetudine rigor, cum misericordia iudicium, cum lenitate severitas”: the Sanction in the Penal Canon System|
|Data di pubblicazione:||2014|
|Appare nelle tipologie:||03.1 Articolo su rivista|