Published: 2019-03-15

The Evolutionary Nature of Pope Francis’ Reforms in Marital Law

Ginter Dzierżon
Ius Matrimoniale
Section: Rozprawy i artykuły
https://doi.org/10.21697/2019.30.1.01

Abstract

In the presented study, the author reflects on the nature of the marriage law reform made by Pope Francis. Referring to the nature of papal power of keys, he showed that some changes made to three post-synodal documents (motu proprio „Mitis Iudex Dominus Iesus”, „Mitis et misericors Iesus” and the post-synodal Apostolic Exhortation „Amoris Laetitia”) were not revolutionary but rather evolutionary. According to the author, some institutions and solutions introduced are rooted in the institutions and solutions developed in the canonism of previous centuries. They do not violate substantive law. Adoption of such a thesis results from the fact that in post-synodal documents there are numerous references to the essential attribute of marriage, which is indissolubility (canon 1056 CIC). The author claims that much controversy in this matter results from the wrong perception of papal authority. He believes that proper assessment of the reform requires not only knowledge about the functioning of the marriage law system, but also historical and legal knowledge.

Keywords:

canonical marriage law, reform, evolution, revolution

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Dzierżon, G. (2019). The Evolutionary Nature of Pope Francis’ Reforms in Marital Law. Ius Matrimoniale, 30(1), 5–16. https://doi.org/10.21697/2019.30.1.01

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