Interpretazione giuridica e concezione della legge nello ius canonicum

Abstract

The interpretation of laws constitutes, in all legal systems, an aspect of fundamental importance, in particular in the canonical one, due to the singular conception of its norms, and for the constant reference to the principles of aequitas and epikeia. Starting from these premises, this contribution will try to highlight the typical characteristics of the interpretative activity in canon law, in which context it has been exercised for centuries by combining the principle of strict juridicality and legal certainty with the need for fairness, which leads us to take into account the concrete case, in a completely peculiar perspective that can be traced back to a meta-legal model of justice.