The Relationship between Divine Right, Positive and Natural, and Human Right in the Church

Authors

  • Jorge Castro Trapote Facultad de Derecho Canónico, Universidad de Navarra, Pamplona, España

DOI:

https://doi.org/10.19272/202508602004

Keywords:

Divine Right, Juridical Goods, Canonical Positivism, Historicity of Divine Right

Abstract

The main concern of twentieth and twenty-first century doctrine on the relationship between divine right and human right has sought to endow human right with historicity through the human norm and its interpretation. The result has been a canonical po-sitivism of a practical kind: at the center is the human norm. In this work the discussion is broadened and the starting point adopted is that divine right is natively historical because it resides in reality itself, specifically, in the juridical goods of persons and of the faithful. Thus, the panorama of the relationship between divine right and human right is broadened, and we avoid incurring in positivist positions.

Published

2025-12-15

Issue

Section

Doctrinal Issues