The Classification of the Fundamental Rights of the Faithful in Canonical Doctrine

Abstract

The article, beginning with the scientific and normative importance of the introduction of the fundamental rights of the faithful into the present codification, examines the doctrinal reception of this theme and specifically the criteria of classification which were adopted: simple exegetical enumeration, placement and description, grouping according to the conditions of the faithful, grouping according to juridical goods or the munera Christi, and other parameters. A slight convergence regarding the content and examination of the regulations is noted. The current prevalence of the exegetical method and of the cataloguing of legislation does not favor, however, the deeper analysis and further development of the theme. Granted the validity and perspicacity of some systemizations (e.g. Hervada, Errázuriz) and auspicious for further efforts to situate the topic, the cornerstones of a rational construction remain the univocal nature of the juridical element of Canon Law, the concreteness of the work of classification and the organic nature of the statute of the faithful.