For the divine law to operate in the same way as the worldy law, it must be relativized, reduced to legal principles. These principles will have the value typical of their rank in the hierarchy of sources and will be applied according to criteria of proportion and reasonability. The principles will also require being reduced to specific regulation, so that, in an indeterminate situation, produced by alternation of fundamental principles (individual freedom, third party protection of personal dignity - third party injury), it becomes possible to balance corresponding values.
Some considerations of conflictuality beetwen religious and criminal obligations: state of spiritual necessity? / Buoninconti, Ave Gioia. - STAMPA. - (1989), pp. 205-220.
Some considerations of conflictuality beetwen religious and criminal obligations: state of spiritual necessity?
BUONINCONTI, Ave Gioia
1989
Abstract
For the divine law to operate in the same way as the worldy law, it must be relativized, reduced to legal principles. These principles will have the value typical of their rank in the hierarchy of sources and will be applied according to criteria of proportion and reasonability. The principles will also require being reduced to specific regulation, so that, in an indeterminate situation, produced by alternation of fundamental principles (individual freedom, third party protection of personal dignity - third party injury), it becomes possible to balance corresponding values.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.