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?

INTERPRETATION OF THE CHURCH’ S DISCIPLINE...

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struction and interpreting the collected canonical material, but it has become part of the elementary canonical theory on law, preserving its “sacred” character.18 These theoretic and fundamental jurisprudential principles had made possible the application and interpretation of that gradually growing canonical material which was called later on Corpus iuris canonici, and was in force basically until 1917, moreover, up to November 27lh 1983 in the essential canonical interpretation.

It is crystal-clear therefore, that one of the chief characteristics of canonical material, which has been kept throughout the more than two thousand years - not depending on its date of origin - is its “sacred character”.19 The Bible, the Holy Tradition and the Magisterium of the Church are basic and essential sources in the Church’s life, therefore these are also indispensable bases for canon law as norm-system which regulates the relations among persons and objects which participate in her very life. The scientific interpretation of the Church’s life - as Gianfranco Ghirlanda S.J. pointed out among others in 201320 - makes necessary to elevate canon law into the theological sciences, as it was expressively done by the Second Vatican Council. It does not mean that we can miss the application of juridical methodologies for its interpretation, but underlines the double nature of canon law which needs indeed a complex method for its analysis. The Roman law system, terminology and sources have made substantive influence on development of canon law, including its sources, methods, expressions and institutes.21 This common heritage of the continental legal systems - wherein the canonical collections played one of the most effective roles - still determines essentially the ecclesiastical discipline, even several times the meaning has been modified. Roman law as constant element of theory of canon law must be considered in any epoch of Church’s legislation from the patristic age until now. Obviously, the canon law sources have their own history as an independent discipline which was continually recognized in general - until the recent time - as a necessary background for proper understanding the current canon law.22 Moreover, we are strongly convinced - and

18 Cf. Elymologiarum 5.8: Oroz Reta, J. - Marcos Casquero, M-A. - Diaz y Dyaz, M. C. (dir.), San Isidoro de Sevilla, Etimologías, II. 512.

19 Cf. Erdő, P., Egyházjog (Szent István Kézikönyvek 7), Budapest 2014.' 64.

20 Ghirlanda, G-F., Introduzione al diritto ecclesiale. Lineamenti per una teologia del diritto nella Chiesa (Diritto Canonico 2), Roma 2013. 20-22.

21 Gaudemet, J., Les sources du Décret de Gratien, in Revue de Droit Canonique 48 (1998) 247- 261. Viejo-Ximénez, J.M., La recepción del derecho romano en el derecho canònico, in Annaeus 2 (2005) 139-169. Viejo-Ximénez, J.M., Un capitula del authenticum Bolognés en la Concordia discordantium canonum, in Berkvens, L. - Hallbeek, J. - Martyn, G. - Néve, P. (ed.), Recto ordine procedit magister. Liber amicorum E. C. Coppens (Iuris Scripta Historica XXVIII), Brussel 2012. 313-329, especially 314-315.

22 De León, E., História del derecho canònico, in Otaduy, J. - Viana, A. - Sedano, J. (dir.), Dic- cionario General de Derecho Canònico, IV. 333-338.