Folia Theologica et Canonica 11. 33/25 (2022)

Recensions

244 RECENSIONS namento canonico: le possibilitá offerte dalia normatíva vigente, pp. 19-33). Damián G. Astigueta, S.J. provides a very important, and certainly inevitable, theoretical overview in the field of penal law, with a comparative description of the principles of the Church and the State in criminal matters {El fundamen­to del Derecho Penal el el Estadoy en la Iglesia, pp. 34-56). Eduardo Baura, in his jurisprudential reflection on the essence of the law, undertakes a theo­retical summary of the law, in which he explains the justification of the legis­lation and the law as the norm to be followed, applying this to canonical leg­islation (La razionalitá ovverosia ilrealismo della legge canonica, pp. 78-91). Carlos Jósé Errázuriz, in his usual clear logical framework, examines the theoretical foundations of what is certainly the most important link in canon law: the inseparable relationship between theology and canon law (La nozione di diritto quale presupposto del dialogo interdisciplinare tra teologi e cano­­nisti, pp. 217-232). The question of acquired rights and privileges, in so far as they were not expressly withdrawn by the new Code of Canon Law and thus remained in force, has raised a number of questions among canon law scholars since November 27th 1983. Bruno Esposito, O.P., who in recent years has been systematically making progress in the field of exegetical commentary on the first six canons of the CIC, has dedicated his precise analysis of this ques­tion (II diritti acquisiti. Commento sistematico-esegetico alia prima parte del can. 4 del CIC [1983], pp. 232-261). Giorgio Feliciani has constructed and expressed his point of view in a very unique way on the specific mission and functioning of the new spiritual movements and their role in the everyday authentic activity of the contemporary Church. In fact, he based his analysis on the relevant relevant parts of documents of various genres issued by Pope Francis. The synthesis is unique in every aspect, not only providing new per­spectives for the canonical approach, but also noteworthy from a theological point of view (i.e. preserving the spirituality). It is also a perfect example of how the legislator’s intention can be interpreted in a balanced way, using the parallel places which can be found (“Voi potete essere braccia, mani, piedi, mente e cuore di una Chiesa in «uscita» ” Papa Francesco e 1 movimenti ec­­clesiali, pp. 301-313). The effect of time on legal relations has been removed from the focus of canon law research in recent decades. From this perspective, it is particularly important to examine the subject in depth in relation to the different levels and areas of the current canon law, canonical legislation and its application. Julio García Martin, CMF’s analysis can therefore be considered as a valuable contribution (Efecto e importanda del tiempo sobre el derecho normativo y subjetivo según la legislación canónica, pp. 314-336). At a time when the relationship between the Church and the State is increasingly ques­tioned and the limits of the classical forms are being stretched, Jorge Otaduy gives a measured response to this issue, taking into account the areas of the Spanish model of separation and the scope of the subjects (i.e. the members of

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