Published: 2023-11-30

The meaning of the term "the use of reason" in canon law

Ginter Dzierżon
Prawo Kanoniczne
Section: Articles and dissertations
https://doi.org/10.21697/pk.2023.66.3.02

Abstract

In the presented study, the author attempted to define the normative meaning of the term "the use of reason".

The conducted analyzes show that this term is not a psychological category, but a canonical one. Based on the assumptions of the normative legal theory, it was shown that it is not only an act of the intellect, but an intellectual-volitional act related to the subjective ability to take action.

 According to the author, it should generally be associated with human discernment, which should be proportional to the value of a specific act.

The author showed that in systemic solutions, the judgement of an individual's condition depends on the discretion of a third party;  the exception is the area of criminal law, where the legislator introduced a number of presumptions, both iuris et de iure and iuris tantum.

Keywords:

canon law, the use of reason, normative legal theory

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Dzierżon, G. (2023). The meaning of the term "the use of reason" in canon law. Prawo Kanoniczne, 66(3), 23–37. https://doi.org/10.21697/pk.2023.66.3.02

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