Serie Diritto Canonico
CARLO MARIA POLVANI, AUTHENTIC INTERPRETATION IN CANON LAW. Reflections on a distinctively canonical institution
Authentic interpretation has followed a fascinating development. Its roots reach deep into Roman law and its complexity has fueled long debates in the Middle Ages. Shaped in its full form by Francisco Suárez, it has incorporated a new vision of human thought proposed by the great moral theologians of the post-tridendine period. Moreover, it has been a fine example of the quality of Pian-Benedictine codification and of its reform conducted after the Second Vatican Council.
An attentive study of its nature and of its utilization leads to further investigation and sometimes surprising reevaluation of: the Montesquieuian theory of the separation of powers, the constitutional control of laws in modern constitutions, the advantages and disadvantages of law codification, the essence of law promulgation, the basis for potential retroactivity of legislative acts, the integration of custom into the law-making process, the limits of acquired rights in view of public necessity, the dependability of various modern theories of law interpretation and the philosophical reliability of human language in the legal sphere.
CARLO MARIA POLVANI is a priest from the Archdiocese of Milan. Former student of the Lombard College, he is presently enrolled in the Pontifical Academy. His academic degrees include a B.Sc. and Ph.D. in Biochemistry from McGill University; a M.Div. from the Weston Jesuit School of Theology; a S.T.L. and S.T.D. in Canon Law with a Jurisprudence Specialization from the Pontifical Gregorian University.
(C) PUG 2004