Folia Theologica 1. (1990)

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

THE THEOLOGICAL FOUNDATIONS OF CANON LAW

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unity of the Church is indispensable. We shall add some observations to the structural consequences of this note of unity.

4. The historical foundation of the political unity of the Church

If the Incarnation and the sacramentality as principles of the juridical nature of the Church are common thoughts in the Roman school, the historical approach to the problem reflects rather the Anglican tradition, which, in this point was continued by the Catholic Newman. According to this point of view the Church proceeded - certainly not in the sense of a purely natural and immanent development - from the history of salvation, and so also from the history of the chosen people.33 In the context of the political character of the kingdom which is the Church, Newman considers that the "Mosaic Church" itself was a "polity", a public administration, a political body. The prophets themselves spoke of the continuation of the Mosaic Church, but with other subjects, with pagans instead of Jews. Thus they foretold "princes", "judges", a dominion, a sceptre; things that characterize a political community. It is enough to think of the Church as the promised restitution of the throne of David, which is also mentioned in St. Paul.34 These thoughts of Newman seem particularly apt to enrich our present-day discussion of the foundations of Canon Law. The image of the Church as the Pilgrim People of God on earth is at the same time neotestamental and typical of the Second Vatican Council.35 It is indeed this Church moving towards the Promised Land that appears in the writings of Newman.36

It seems very significant for today’s historical reflection that, already in the conviction of the first Christian generations, the Church appeared as the new Israel founded on the Apostles; the true Israel, in which the figure of the ancient Israel is completed.37 This character of the new chosen people had for the Christians of the first centuries a concrete

33. PPS II, 80. 89. 91; cf. CONGAR 97.

34. Cf. LD XIV, 404.

35. Cf. Lumen Gentium 9; Heb 13: 14.

36. Cf. PPS II, 91; III, 207-209; CONGAR 97.

37. Cf. Acts 15: 14; Gal 4: 28-29; 6: 16; 1 Pet 2: 9-10; cf. Mt 26: 28.