Matrimonio e Chiesa d’Inghilterra oggi

Risultato della ricerca: Articlepeer review

Abstract

It seems to take growing root in the West a certain idea of marriage, which appearsto descend from the French secularism model, in being “counter-traditional”, respectful of theindividual autonomy, and devoted to an “integral” application of the principle of equality. Theproof is that it putted down roots in legal contexts poles apart from the above model, for their wayto set the space and the relevance of religion in the public sphere. The study examines theemblematic English case, where this notion has led to the introduction of “same-sex marriage”,without the peculiar framework of the relations between the State and his national Church, with hissingular legal tecnical implications (the “ecclesiastical law” as integral part of the general law ofEngland; the “constitutional” principle for which the canon law cannot be contrary to the latter; thecorrespondence – until then – between “anglican marriage” and the civil one; the clergy's duty tosolemnise the marriage of all the residents in the Country irrespective of the couple's religiousbeliefs or lack of them) have rapresented a barrier or a scruple. The goal of the paper is, on onehand, focusing the political and legal reasons that underlie this outcome, and, on the other hand,look into the impact that the latter has resulted on the Church of England's legal system, its legallyrelevant reactions, and the adopted “style of presence”, also as a “benchmark” for the morecomprehensive anglican world.
Lingua originaleItalian
Numero di pagine36
RivistaJUS
Stato di pubblicazionePublished - 2015

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