Is a rescript a law or a document?

What is a rescript? Today, this term, mentioned in all known explanatory dictionaries, has several meanings. A word of Latin origin can mean both the act of rewriting a document and the result of this action; both the decree or the official announcement, and the written response of the Roman emperor to the question of the magistrate about the peculiarities of the interpretation of a law. In the historical spectrum, a rescript is also a written interpretation of discipline or doctrine given by a pope or other religious figure with sufficient authority.

the rescript is

Document essence

Everyone can ask a question or express their doubts about the correct understanding of biblical texts. Moreover, a rescript is a paper that can contain not only the interpretation of the holy books, but also the answers of the pope to requests or petitions of the administrative plan. Sometimes such documents give permission for any legal action. In some cases, writing and publishing them equates to the administration of justice. The petition sent to Rome should consist of three parts:

  • narration of the situation or just a listing of facts;
  • directly request;
  • justification of the reasons for making this request to the head of the church.

A rescript is a serious official document, and therefore the answer to it is also always structured and consists of similar fragments: a brief summary of the case, resolution, justification of the conclusion accepted by the pope.

what is a rescript

Features

In each case, it is presumed that the request of an interested person sets forth the true truth. A false lie or concealment of the truth invalidates the document, since, in accordance with the divine commandments, no one should profit by fraud.

A rescript is a decision of the pope adopted in accordance with the laws, and therefore it has the force of a legal act with respect to the person involved (the applicant). If the content of the document is in any way contrary to the law, the corresponding clause is written in it: "Despite all the conflicting circumstances." The text always has a strictly direct meaning, and the instructions of the pope are subject to mandatory execution.

Source: https://habr.com/ru/post/G8279/


All Articles