SERIES “DIRITTO E RELIGIONI”GIOVANNI BARBERINI 21 – Il contributo della dottrina cattolica per l’elaborazione dei principi di diritto internazionale
SERIES “DIRITTO E RELIGIONI”ANTONIO GUARINO 23 – Patrimoni “Destinati” e Ordinamento Italiano
This volume aims to analyse the ecclesiastical legislation enacted by the Bourbons of Naples and Sicily in the period between the regaining of political independence and the beginning of the French Revolution. The anti-curial struggle undoubtedly characterised the actions of the southern monarchs, taking on original features compared to numerous contemporary experiences. The regalism of Charles III and Ferdinand IV was particularly attentive to protecting the sovereignty of the state, while at the same time seeking, at least in principle, not to violate the primary character of canon law: indeed, there appears to be almost no the idea that one of the monarch's tasks was to promote internal reform of the Catholic Church, an idea that characterised Josephinism and Leopoldism. However, the peculiar situation of Sicily remained unchanged, where the privilege of the Apostolic Legation gave the sovereign a sort of direct power in spiritual matters.
Nor can we overlook the presence of provisions aimed at giving practical effect to the principles of formal equality and religious freedom. Such regulatory provisions indicate, at least in our opinion, that, beyond the often very severe judgement formulated by historiography towards the Bourbons of Naples and Sicily, southern jurisdictionalism was not entirely insensitive to the need to protect the inalienable rights of the human person.


