The Procedural Significance of the Category of Noogenic Immaturity in Rotal Jurisprudence

Abstract

In the presented study the author discussed the procedural significance of a new concept, i.e. noogenic immaturity, which has so far appeared only in seven unpublished rotal judgments. He showed that this category is not only of theoretical significance, but above all of significant importance in the process of law application. Analysing the factual motives of three judgments, c. Erlebach showed that the inclusion of the noetic dimension in evidence in rotal judgments made the judgments of the Court of the Roman Rota different from the judgments of tribunals of lower jurisdiction. In the Author’s opinion, the subject matter discussed in the study is of a developing nature. Currently the term noogenital judicial immaturity does not yet have a permanent consistency. Hence, the study presented here is of a contributory nature.