Canon Law as Applied Ecclesiology Cover Image

Kanonické právo jako aplikovaná ekleziologie
Canon Law as Applied Ecclesiology

Author(s): Stanislav Přibyl
Subject(s): Civil Law, Canon Law / Church Law, Philosophy of Law
Published by: Společnost pro církevní právo
Keywords: canon law; civil law; ecclesiastical law; Roman law; law; theology; ecclesiology; canon; council; code;

Summary/Abstract: The aim of the paper is to point out the legal and theological contexts in which the field of canon law is realized. It is a legal discipline, so the author first introduces context with civil and international law. He also points to the fact that canon law has developed alongside theology for many centuries and uses the example of the documents of the Council of Trent to demonstrate successful synthesis of legal and theological approaches. This council agreed on reform decrees, which had disciplinary and therefore legal character, but also on dogmatic decrees, which were provided with anathemats as legal means for their enforcement. If, then, the first Code of Canon Law of 1917 sought to organize purely legal matter, the lawmaker of the Code of 1983 was aware that he must proceed again to synthesis of canonical and theological approach. He was inspired by the ecclesiology of the Second Vatican Council and applied it in its structure and in individual legally binding norms.

  • Issue Year: XXVII/2021
  • Issue No: 82
  • Page Range: 41-55
  • Page Count: 15
  • Language: Czech