9 - Popes and Sexuality within and outside Marriage

Summary

This chapter examines the role of the papacy in the history of marriage regulation in a long-term perspective. The core theme of corporeality is investigated between doctrine and practice. On the one hand, the body is a central good whose rights of use are mutually exchanged by the spouses within the framework of the marriage contract; on the other hand, it is a deadly burden, the place where the flesh manifests itself with its law that contradicts reason. In the light of this tension, the position of papal authority – in particular the power to bind and dissolve – is addressed by examining its pronouncements, especially the Decretales, conciliar legislation, and the publication of encyclicals and apostolic exhortations up to the most recent on the subject: Amoris laetitia, by Pope Francis I. Finally, some cases that have been dealt with by courts such as the Penitentiary, the Holy Office, and the Rota are examined.