Law and Moral Theology in Christian Europe: The Limits of Sacralization in the Late Works of Paolo Prodi

This essay analyzes the work of Paolo Prodi (1932–2016), which is characterised by a constant reflection on secularisation. As a democratic Catholic, he explored the relationship between the Roman Church and the modern world starting from the Council of Trent and from the dual figure of the pope as a temporal ruler and spiritual guide. His original contribution concerned the conflict between law and conscience: a problem that led him to design a triptych of books on the foundations of the western world. He was influenced not only by Verfassungsgeschichte (German constitutional history), but also by Harold Berman. If for Weber the modern world was born from the Reformation, for Berman it was the ‘Gregorian revolution’ that changed the fate of Latin Europe. For Prodi, too, the medieval conflict between canon and civil law introduced a peculiar structure in Europe that would last until the triumph of the nation states and the so-called ‘political religions’. In his three books (the first dedicated to the oath, the second to justice, the last to economics), Prodi placed at the centre of his analysis the notion of forum; the history of moral theology and casuistry and the relationship between penitence and justice.