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- Title
DISCURSO DEL SANTO PADRE BENEDICTO XVI AL TRIBUNAL DE LA ROTA ROMANA CON MOTIVO DE LA INAUGURACIÓN DEL AÑO JUDICIAL.
- Authors
Clementina, Sala
- Abstract
In our meeting today, I wish to draw the attention of those engaged in the practice of law to the need to handle cases with the depth and seriousness required by the ministry of truth and charity proper to the Roman Rota. Indeed, responding to the need for procedural precision, the aforementioned Addresses provide, on the basis of the principles of Christian anthropology, fundamental criteria not only for the weighing of expert psychiatric and psychological reports, but also for the judicial settlement of causes. In this regard it is helpful to recall several clear-cut distinctions. First of all, the distinction between "the psychic maturity which is seen as the goal of human development" and, on the other hand, "the canonical maturity which is the basic minimum required for establishing the validity of marriage" (Address to the Roman Rota, 5 February 1987, n. 6). Second, the distinction between incapacity and difficulty, inasmuch as "incapacity alone, and not difficulty in giving consent and in realizing a true community of life and love, invalidates a marriage" (ibid., n. 7). Third, the distinction between the canonical approach to normality, which, based on an integral vision of the human person, "also includes moderate forms of psychological difficulty", and the clinical approach, which excludes from the concept of normality every limitation of maturity and "every form of psychic illness" (Address to the Roman Rota, 25 January 1988, n. 5). And finally, the distinction between the "minimum capacity sufficient for valid consent" and the ideal capacity "of full maturity in relation to happy married life"
- Subjects
BENEDICT XVI, Pope, 1927-2022; MENTAL health laws; CANON law; ANTHROPOLOGY of religion
- Publication
Universitas Canónica, 2009, Vol 26, Issue 42, p16
- ISSN
0120-4491
- Publication type
Speech