Circularidad entre el derecho divino natural y el derecho divino positivo

  1. Jorge Castro Trapote 1
  1. 1 Universidad de Navarra
    info

    Universidad de Navarra

    Pamplona, España

    ROR https://ror.org/02rxc7m23

Journal:
Ius ecclesiae

ISSN: 1120-6462

Year of publication: 2021

Volume: 33

Issue: 2

Pages: 595-622

Type: Article

DOI: 10.19272/202108602008 DIALNET GOOGLE SCHOLAR

More publications in: Ius ecclesiae

Abstract

The article aims first of all to justify the fact that natural law belongs to canon law because it is based on the person rather than on the norm. From this point, natural divine law is shown as being originally open to positive divine law. Secondly, the relations between natural divine law and positive divine law are presented in terms of the principle of circularity. This perspective allows the question of the methodological status to be adequately posed, to correct positions with a normativist tendency that are alien to the juridical dimension of the created and redeemed person, and to cooperate in a better knowledge and understanding of canon law.