The contribution starts with a status quaestionis which concerns its title about the hermeneutics of Vatican ii, well based in historical background. The roots are grounded in the difference between “event” and “occurrence” – in italian “evento” e “avvenimento”. This is linked with the change in the perspective of historiography realized in the first part of the last century. The vision of continuity (see “Annales”) was put aside, introducing the one of “events”, which are linked with “ruptures” and not continuity in the course of history. With this frame we can understand that in the one of the Church there must be consideration for the hermeneutics expressed finally in the formula of the title closed by a question mark, that is: D.H.: rupture or reform and renewal in the continuity of the unique subject the Church? The answer is: no rupture in discontinuity but reform and renewal. The initial input of the contribution are the speeches of Pope Francis in the U.S.A. and U.N., an answer to the actual Sitz im Leben as far as religious freedom in nowadays society, 50 years after D.H., in a moment in which more attention is given to the texts of Vatican ii, concretely avoiding to consider “the Council of the Press” (Pope Benedict) instead of the one “of the conciliar Fathers” (= participants). The procedure of the author is certainly inspired by the volume Vatican ii. La liberté religieuse, ed. by J. Hamer and Y. Congar. The first point of attention therefore in the analysis is “homogeneous evolution of the pontifical doctrine on the matter”. It is a fundamental vision which allows even a dogmatic evolution, if it is homogeneous. In fact, the Declaration represented a development of the doctrine, a step forward in the progress of civilization, a progress in the catholic doctrine but in the line of no contradiction. And at this point the thoughts of the two fundamental pillars allowing this step forward are presented; they are J. Courtney Murray and P. Pavan. Very important is the Courtney’s statement in this regard, the following: “The doctrine of D.H. is in plenitude traditional, but it is also new, in the sense that tradition is always a developing and progressive tradition”. The author presents later on some essential elements of the right to religious freedom, with the most important and solemn affirmation in the text (N. 2): This Vatican Council declares that the human person has the right to religious freedom. It is truly an historical affirmation in the life of the Church and also for the human family. It follows the study of the relation between religious freedom and the public powers and the illustration of the education to exercise freedom under the light of the Revelation. In the final part of the essay the author analyses…some consequences of D.H. without forgetting a judgment about the actual situation of religious freedom in the world which is becoming always more serious and worrying. Here two citations of Archbishop Paul R. Gallagher, Secretary of the Relations with the States of the Papal Secretariat, are exemplary, that is: “Unfortunately we have to admit that for years the question of the violence against Christians was not taken in serious consideration. – He concluded: Even if we cannot speak of persecution in the old continent [Europe] nevertheless we must not underestimate the rather alarming phenomenon of the intolerance of religious character”.
Subjects of the Right to Appeal to the Court in Cases of Recognition of Inheritance as Escheat
