The Place of Freedom in Canon-Law Analysis: A Prerequisite for the Identification of the Fundamental Rights of the Faithful Relative to Freedom

The scope of this paper is to locate the question of the identification of the fundamental rights of the faithful relative to human freedom in the context of a broader analysis of the role of freedom in canonical reflection. In the first part of the paper, the different ways of conceiving the nexus between human freedom and the juridical phenomenon will be presented according to their adherence one of the two main meanings of freedom: freedom of indifference or freedom of excellence. In the second part of the paper, the different Christian and ecclesial meanings of the term “freedom” will be presented, and the specifically juridical meaning will be identified as distinct but not separate from the others. In the third part of the paper, I will examine the reasons for considering individual juridical goods, in particular those related to freedom, to be authentic fundamental rights of the faithful.