Pravice v Cerkvi

(foto: David Marjanović)

Spodnji prispevek avtorja Javierja Hervade govori o zakramentalnem temelju pravic v Cerkvi. Prevedla sta ga naš sodelavec mag. Peter Faulk in mag. Thomas Sundaram.

The Sacramental Roots of Rights in the Church Javier Hervada

It seems necessary to begin this presentation with a warning about the limits and the scope of the argument which I will attempt to make. It is a known fact that under the term “derecho”, at least three analogous things are usually assumed: the law, that which is just, and subjective rights [derechos subjetivos]. However, from the beginning, I want to clarify that it would depart from my intention to study the sacramental roots of all three of these realities of the Church; I will limit myself only to one of these: that which is just, the just thing. When I speak here of “derecho” I make reference to its classical meaning, as the just thing or res iusta; I will deal, therefore, with those things which are just, not the law [ley] in the Church. Those things which constitute the roots of, and the reasons for, the law (lex divina and lex ecclesiastica) in the Church are not pertinent to the pages that follow. In effect, within this study, the expression “rights in the Church” [derecho canónico] will signify that which is just in the Church, the totality of just things within the People of God