Folia Theologica et Canonica 4. 26/18 (2015)
IUS CANONICUM - Szabolcs Anzelm Szuromi. O.Praem., Interpretation of the Church's discipline without the former sources?
258 SZABOLCS ANZELM SZUROMI, O.PRAEM. going to explain it in more detailed form - that the interpreter of canons even now cannot ignore the knowledge of the formal sources, if he/she likes to understand the entire context of a concrete canon in force, particularly if the canon cites or refers to the old law. 2. Historical Development of Interpretation of Canon Law and Its Role in the Instruction Throughout the centuries several methods have arisen in order to interpret, to instruct and to applicate those canonical norms which were gradually composed. It was already true before appearance of the university teaching system, for example at the cathedral schools of Europe. In the golden age of universities, from the mid-12'h century it was based on the Decretum Gradarti ( \ 140). Firstly reading the text, then inteipret that by a casuistic way. Only after that the explaining of relations between the canonical material and the Church’s teaching could take place, together with analysis of the referred juridical principles.23 The systematic interpretation differed from the casuistic one, and it was called "philosophical method" too. This more advanced interpretational form tried to lead back the concrete canons of different origin to the general principles and rules of canon law. Therefore the canon could be enlightened through its premises, relations and their consequences. The systematic interpretation caused various canon law handbooks and auxiliary literatures. We must mention also the so-called historical method, which is basically a minute exposition of a concrete canon and its sources. This technic could give a picture from the point of view of development of ecclesiastical institutions, which by this was able to describe a comprehensive overview on the actual canonical status of the analyzed question. The fourth - and last - form of descriptions is the exegetical or analytical method, which proceeding along each disciplinary decision and canon, analyzes their text and adds to them glossas, notes, and commentaries too, in order to explain them.24 25 This interpretative method on one hand was focusing on the general canonical principles and definitions, on the other, did not intend to organize the concrete canonical norms. Pope Benedict XV (1914— 1922) on luly 16th 1917 addressed a letter to the Patriarch of Venice wherein the Roman Pontiff emphasized this last method as the most adequate and official technic to interpret the just promulgated Codex iuris canonici.2* Naturally, be23 Erdő, P., Storia della scienza del diritto canonici. Una introduzione, Roma 1999. 37-40. 24 Wernz, F.X lus decretalium ad usum praelectionum in scholis textus canonici sive iuris decre- talium, T. Romae 1894. 75-78. 25 AAS 9 ( 1917) 381.
