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 129 Finally we can still hint at an element that throws light on the question of the qualitative difference between the precepts of the Church whose obligatory force proceeds for a great part from a special source (that is from Revelation), and other types of legislation. 3. The relationship between duty and law In reference to the new Code of Canon Law the commentators generally note that, especially in the first part of book II, it speaks first of the obligations and then of the rights of all the faithful. This logical order seems contrary to that of so many civil legislations, in which rights are spoken of firstly and duties later. Some authors explain this difference by the diversity of cultural models that are the foundation of the different legislations. Starting more or less consciously from the idea of the natural law of Illuminism, one arrives at the logical precedence of rights. Keeping in mind however the call of God that unites the Church, and considering the laws in the Church as necessary, enabling the individual to carry out his proper vocation, the logical precedence of duties seems evident. But this difference is not necessarily a sign of the total diversity of the nature of the two legislations but it indicates rather the different mentality of their lawgivers. In this context the fact that Newman confirms the priority of the duties of conscience with respect to its rights merits some attention. "Conscience has rights, because it has duties."73 From this principle which is more of a moral nature, similar consequences may be drawn for both secular and Canon Law. 73. Diff II, 250.
