Entwicklung des Kirchenrechts im 20. Jahrhundert. Zur Auswirkung des Säkularismus und des Pluralismus auf die Entwicklung des Kirchenrechts am Beispiel des Eherechts
The Development of Church Law in the 20th Century: The Influence of Secularism and Pluralism on the Development of Church Law Through the Example of Marriage Law
Author(s): István NovákSubject(s): History, Law, Constitution, Jurisprudence, Civil Law, Canon Law / Church Law, Sociology of Religion
Published by: Evropská společnost pro právní dějiny, z.s.
Keywords: Codification; church law; marriage law; secularism; pluralism; dialogue;
Summary/Abstract: In this study, I attempt to illustrate the impact of the trend of secularism and pluralism that the Catholic Church has encountered in legal codification. It can be stated that the Church, after a long period of the 19th century, had to face the problems of legal codification which triggered a reaction in the daily housel and in the whole ecclesial paradigm. Secularism promoted codification while pluralism helped to start a dialogue between the secularized world and individual denominations. The example of this was most prominent in marriage law, in which the validity, existence, appearance of civil marriage, and the institution of divorce related to it raised new questions and moved church law to a new direction of thinking. The first codification was published at the beginning of the century, the second, still valid at the end of the century. I refer to the development of marriage law and its present-day phenomena in this study.
Journal: Journal on European History of Law
- Issue Year: 11/2020
- Issue No: 2
- Page Range: 81-87
- Page Count: 7
- Language: German