Folia Theologica 1. (1990)

Péter Erdő: The Theological foundations of Canon Law according to the works of John Henry Newman

FOLIA THEOLOGICA 1 (1990)

115

Péter ERDŐ

THE THEOLOGICAL FOUNDATIONS OF CANON LAW ACCORDING TO THE WORKS OF JOHN HENRY NEWMAN*

Newman was certainly not a theologian of Canon Law in today’s sense. It does not seem that he had the intention of working out a whole theology of Canon Law as a system autonomous and distinct from the other parts of theology. Nevertheless he briefly, in many places, above all in his ecclesiological writings, touches upon important questions for the theological foundation of Canon Law. On this occasion we would like to briefly sketch, as a first approach, the following problems:

1) What are the most important conclusions of John Henry Newman for the foundation of the law of the Church?

2) What is the internal relationship between these conclusions?

3) What is their message for the present day research into the theology of ecclesial law?

I. The foundation and the character of the juridical aspect of

the Church

1. The Incarnation

In his Essay on the Development of Christian Doctrine1 Newman clearly states that in the logic of theology the doctrine of the Incarnation precedes the doctrine of Mediation. At the same time, he insists that, "The Incarnation is the antecedent of the doctrine of Mediation, and the archetype both of the sacramental principle and of the merits of Saints. From the doctrine of Mediation follow the Atonement, the Mass, the

*. Lecture Given at the Sala Borromini, Roma April 27th, 1990. This paper is under publication in Italian in a conference volume ("John Henry Newman, Lover of Truth") at the Urbaniana University Press, Roma.

1. An Essay on the Development of Christian Doctrine, Westminster, Md. 1968 (=Dev).