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Legal Flexibility - Principle of Christian Law

Publication at Faculty of Law |
2019

Abstract

The author deals with legal flexibility as one of the principles of Christian law. He refers to application of legal flexibility instruments typical for both the canon law of the Catholic Church and the legal order of the Evangelical Church of Czech Brethren.

All instruments of legal flexibility have the same effect: they loosen the basic (first) rule, instead of which the backup (second) rule can be applied where appropriate, in order to mitigate or eliminate harshness or strictness of canon law in an individual case and to achieve its purpose. The author expresses his conviction that the idea of Christian law, brought up by Norman Doe from Cardiff with his colleagues, deserves attention and local reinterpretation, not only in the Czech Republic.