Folia Theologica et Canonica 10. 32/24 (2021)

Ius canonicum

SYNODALITY AS A FORM OF THEOCRACY IN THE CONSTITUTION OF THE CHURCH 69

litical principle42. The referenced legal principle would be the expression of this consensus, which according to him is the guarantee of unity and thus of an authentic image of divinity in society. Is the explicit choice a necessary form of expression of the consensus, or is it sufficient if the ‘represented’ give their subsequent consent by not rebelling? Cusanus himself embraces both interpretations, quasi oscillating between the two. However, as we have seen, even in his early work the Concordantia catholica we find examples of the second, the monarchical interpretation43. Of the royal power on the other hand he stresses that the king must not think himself exempt from the law, for if the law is just, it is also binding on the king himself, who is subject to justice44. However, the contrast between the consent expressed in positive acceptance and the passive consensus does not seem irreconcilable. For the consensus is the guarantee of the harmonious unity of society, thus its appropriate interpretation always is the one which permits this harmony in a given situation. This is why Cusanus himself, at the meeting of the Council of Basel on May 5th 1437, defected to the Pope’s camp, leaving the group of conciliarists. For he perceives the synod as having ceased to be the depository of the consensus omnium. This type of consensus therefore means social harmony of varying degrees, intensity and scope in the various circumstances45. ‘When today legitimate pluralism in theology is more widespread than it was a few decades ago, it is clearly the task of canon law to keep institutional regulation always at a level appropriate to the social credibility systems, and to justify it so in theory by ensuring the possibility of non-centrally institutionalized activity wherein such actual differences of approach exist that are equally compatible with Christian orthodoxy of faith’46. According to Cusanus the unity of society and that of the Church is thus based on the order and harmony resulting from the institutionalization in accordance with the consensus.

According to the prevailing organic view of society in ancient social theory, society is like a living organism. Saint Paul elevates this to the theological level when he speaks of the Church as the body of Christ. And the Holy Spirit vitalizes and guides the entire Church. Therefore, the consensus and the forms of institutional functioning must reflect the guidance of the Holy Spirit.

42 Cf. Erdő, P., Az egyházi jog filozófiai megalapozása, 57.

43 Cf. Nicolaus Cusanus, De concordantia catholica, III, n. 282-283; ed. cit. Ill, 320-322.

44 Ibid. Ill, n. 375, ed. cit. Ill, 374: „Non debet se solutum legibus aestimare rex, quia, si lex iusta est, tunc ligat et non aliter, quare et ipsum regem, qui iustitiae subest”.

45 Cf. Erdő, P., Az egyházi jog filozófiai megalapozása, 57b.

46 Erdő, P., Az egyházi jog filozófiai megalapozása, 58.