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16 - Catholic Teaching on Just Punishment, Especially in Connection with Financial Matters: According to the 1983 Code of Canon Law

from Part I - General Chapters

Published online by Cambridge University Press:  29 July 2022

Tihamer Tóth
Affiliation:
Pázmány Peter Catholic University (Budapest, Hungary)
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Summary

The chapter discusses canon law provisions relating to just punishment of financial–economic infringements by members of the Catholic Church. The aim of penalties in the Church differs from that in civil society: in the Church, punishments are applied to lead the offender through repentance to salvation; in civil society to reintegrate them into the society. The Church does not have power to enforce punishments, which means that a punishment can be applied only to those who accept the power of the Church by their own will. In canonical delicts the offender is bound by his conscience; in civil delicts by the coercive power of the state. Penalties can be used only as last resort. All possibilities are to be exhausted before a real punishment is applied. The principle of gradualism is one of the most important in the salvation of souls. The reverend emphasizes that being lost in pure legalism in the interpretation of the texts would cause the real meaning of canon law to be lost, since all penalties have the purpose that all offices, dignities, ministries, duties should be fulfilled by persons who are suitable.

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Publisher: Cambridge University Press
Print publication year: 2022

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