Canon Law

Liberative or Restrictive?

Authors

  • Cherian Thunduparampil DVK

Keywords:

Restrictive, Liberative, justice, freedom

Abstract

 'Law', as a term or concept, has always something to do with order, justice, and common good, Laws have relevance mainly in the context of a society or community of human beings. One of the things that a human being likes most, generally, is to be free and independent. To a great extend, it is good and healthy for the growth, development, and blossoming of both individuals and communities/societies. At the same time, it is our experience that human beings cannot remain isolated islands. Relationship is one of the important characteristic features of human beings as social being. Therefore, while exercising and enjoying his/her freedom for one's own personal growth, he/she should not forget the fact that the other also has the same amount of personal freedom and wants to benefit from it. Here arise the questions of law, order, justice, and common good. One of the things that man most dislikes or resists or even hates is control, restrictions and limitations or boundaries. 

References

Codex [uris Canonici, Auctoritate loannis Pauli PP. II promulgatus, AAS 75 (1983), Pars II, 1-317.

Ladislas Orsy, Theology and Canon Law: New Horizons for Legislation and Interpretation, Collegeville, Minnesota: The Liturgical Press, 1992,95.

Cherian Thuduparampil, "Life and Law: Canon Law and Its Life Enhancing Dimensions," Journal of Dharma 30, 1 (January-March 2005), 42.

ICIC, c. 1055 §1 and c. 1134; CCEO, c. 776 §2; See also Pinheiro, Marriage in Latin and Oriental Canon Law, xv.

Lawrence G. Wrenn, Annulments, Washington: Canon Law Society of America, 1996, 219.

William E. Pinto. Law of Marriage and Matrimonial Realities for Christians in India, Bangalore: Theological Publications in India, 2000, 48.

John Paul II, A !locution to the Roman Rota, Feb. 17, 1979 in AAS 71 (1971), 422-427. The translation is from Woestman, Ecclesiastical Sanctions and Penal Process, 5.

Trent, Sess. 24, c. 8. See also Woestman, Ecclesiastical Sanctions and Penal Process, 8

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Published

2007-09-28

How to Cite

Thunduparampil, C. . (2007). Canon Law: Liberative or Restrictive? . Journal of Dharma, 32(3), 275–291. Retrieved from https://dvkjournals.in/index.php/jd/article/view/872

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