In the framework of the process of secularization of civil society, the institution of marriage has traditionally been at the crossroads between religious and secular law, and it gives the opportunity to investigate whether and to what degree a religious law can develop when it interacts with a secular juridical context without weakening its identity. The Italian lawmaker has traditionally adopted a “benevolent secularism” approach, trying to balance new social expectations with the Catholic idea of marriage. The above-mentioned approach has resulted in aligning with the mainstream opinions in Italian society, which are consistent with the guidelines of the Catholic Church. Indeed, in Italy, the Catholic Church, which considers marriage as a sacred unbreakable bond between a man and a woman, has often had an open and incisive influence on legislative policy choices. Since 1970, there has a been a gradual erosion of Catholic influence on public policies. New statutes and judicial rulings concerning such issue have emphasized a sharp ideological and political polarization between two opposite ethical narratives: the secular and the religious/Catholic one. Catholic tenets are no more able to influence political democratic processes. In the last fifty years, Italian legislation has followed a more progressive direction with regard to the issue of marriage, taking distances from the Catholic model. The Italian legal system has also started to face controversial issues, such as the status of same-sex unions, recognizing broader rights with a view to guaranteeing the coexistence of multiple views about marriage. Thus, the Catholic Church is challenged by new paradigms and is undergoing deep internal tensions and transitions. The present paper aims to focus on some new challenges, with regard to the status of divorcees who married again, unmarried couples, and same-sex couples in canon law. In the framework of the debate concerning the role and the reformability of religious laws, it will take into consideration new pontifical approaches,

Catholic Transitions and Tensions: Marriage, Divorce, Plural Normative Standards, and New Paradigms.

Adelaide Madera
2022

Abstract

In the framework of the process of secularization of civil society, the institution of marriage has traditionally been at the crossroads between religious and secular law, and it gives the opportunity to investigate whether and to what degree a religious law can develop when it interacts with a secular juridical context without weakening its identity. The Italian lawmaker has traditionally adopted a “benevolent secularism” approach, trying to balance new social expectations with the Catholic idea of marriage. The above-mentioned approach has resulted in aligning with the mainstream opinions in Italian society, which are consistent with the guidelines of the Catholic Church. Indeed, in Italy, the Catholic Church, which considers marriage as a sacred unbreakable bond between a man and a woman, has often had an open and incisive influence on legislative policy choices. Since 1970, there has a been a gradual erosion of Catholic influence on public policies. New statutes and judicial rulings concerning such issue have emphasized a sharp ideological and political polarization between two opposite ethical narratives: the secular and the religious/Catholic one. Catholic tenets are no more able to influence political democratic processes. In the last fifty years, Italian legislation has followed a more progressive direction with regard to the issue of marriage, taking distances from the Catholic model. The Italian legal system has also started to face controversial issues, such as the status of same-sex unions, recognizing broader rights with a view to guaranteeing the coexistence of multiple views about marriage. Thus, the Catholic Church is challenged by new paradigms and is undergoing deep internal tensions and transitions. The present paper aims to focus on some new challenges, with regard to the status of divorcees who married again, unmarried couples, and same-sex couples in canon law. In the framework of the debate concerning the role and the reformability of religious laws, it will take into consideration new pontifical approaches,
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11570/3237054
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