Direito canônico: vivências históricas e teóricas da cultura jurídica ocidental

Abstract

Juridical experience, like the Science of Law, is not an element given by nature, but culturally constructed by men. Like all cultural constructions, it is the result of a complex historical process; it is the fruit of the many political, religious, economic and social tensions that took place in history. To understand the movement of edification of Law is crucial, after all, it is in the process of construction that the founding values of what is constructed are manifested. This work aims to understand how Canon Law was conserved in Western Law and, despite being denied during Modernity, contributed to the conformation of the modern State itself. Starting from the idea of Law, that is, from the concept dialectically developed in its historical intelligibility, the investigation will first require the clarification of some elementary notions about Canon Law, as well as the history of its sources. Then we will attend the Gregorian Reform, a movement of critical importance in the consolidation of the pontifical power and in the hierarchical structure of the Catholic Church, which had profound repercussions both on the plurality of the medieval legal order and on the constitution of State. Finally, we will deal with the sublimation that is, with the preservation and elevation of the canonical juridical experience within Western juridical experience, insofar as the agglutinating force represented by the papacy post Gregorian Reform , constitutive of the essence of Roman Catholicism the complexio oppositorum, that Schmitt talks about , was the role model for the affirmation of the modern State paradigm, which was also conceived as a complexio oppositorum, representative political unity, capable of encompassing the most distinct internal oppositions. In this sense, Canon Law is a founding element of the political form of the modern State and the Western law