| Popis: |
This paper focuses on the translation of the Tractatus de regulis iuris by A. Reiffenstuel (Ingolstadt edition, 1733 AD), prior a thorough and literal transcription - and subsequent bibliographic and critical research. The treatise tackles and interprets, under a critical and analytic perspective, the regulae juris of the Corpus Juris Canonici, i.e. the 11 regulae in Liber V and the 88 regulae in Liber VI. The peculiarity of the regulae iuris lies in their character of generality and abstraction: they are rules conceived to control an undefined and general combination of juridical circumstances. This is what basically differentiates the Regulae Iuris from the other rules included in the Digestum and in the Corpus Iuris Canonici, which – on the contrary – are meant to solve specific practical issues. This research is not meant to simply achieve a philological reconstruction of the treatise; as a matter of fact the aim is to exploit the translation in order to point out and offer the modern critic the diverse law perspective, the law rules and the juridical institutes used by the author (Reiffenstuel) in his process of analyzing and interpreting the various regulae juris. An approach to Reiffenstuel’s treatise also involves an analysis of the problems, both old and new, related to the very epistemological character of canon law. The treatise actually embodies the typical juridical perspective of thomistic philosophy. The law is presented as something concrete, as the object of a cardinal virtue, Justice, as opposed to the modern juridical perspective which tends to identify the law either in an objective sense or in a subjective sense as facultas agendi. The law’s objectivity requirements are the instruments necessary to the fulfillment of the virtue of Justice, throughout its expressions: distributive justice and commutative justice. Therefore first comes the right (ius) and subsequently the regulae can be obtained, being characterized by generality and abstraction, and representing the effort striving to honor the virtue of Justice. |
