Anthropological presuppositions of the canonical matrimonial order

Abstract

This article has the purpose to put on evidence the anthropological presuppositions which are at the base of the substantial canon law regarding the marriage. This purpose is developed through eight thesis bringing out how the canon law on marriage assumes a human being conception composed by a harmonious (not dualistic) spiritual and corporal union; aiming to realize a responsible and offering love, not only an egoistic and instinctive one; a normally free person, not hindering all the limits and the conditioning from a finished freedom, typical of the human being; a person usually able to follow the ideal of self-donation; ready to recognize and coherently follow the truth, as well as the transcendence; structurally connected to the community, overcoming an individual closure in itself. The analysis intends to demonstrate how pretesting and groundless is the contraposition between law and theology.