Popes and Sexuality within and outside Marriage

This essay 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 practise. 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; finally, some cases that have been dealt with by courts such as the Penitentiary, the Holy Office and the Rota are examined.