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?

262

SZABOLCS ANZELM SZUROMI, O.PRAEM.

much less room for consideration of the Corpus iuris canonici and CIC (1917) within the day to day interpretation or application of these sources, even in the jurisprudential practice, as compared with the concept of CIC (1917). Nevertheless, we must keep in mind the obligation of following the legislator’s intention (e.g., CIC Can. 17). The last general council itself - the Second Vatican Council (1962-1965) - chronologically precedes the New Code which was promulgated on lanuary 25"1 1983. however the decisions of this general council are among the most prominent interpretative principles of this Code, never forget the certain intention of the conciliar fathers, promptly registered in the council's "Acta”.37 It is also true concerning the Code's revision, because for the interpretation we cannot ignore those opinions, arguments, discussions which are clearly described in the gradually developing schemes of the New Code.38 39 40 Moreover, the current Code of Canon Law contains numerous canons which conserved the original text of the formal Code without significant modification.39 However, there are still certain cases when until now the norm of CIC (1917) shall be applied. Here we would like to refer to Arthur Kaufmann’s clear statement regarding the emergence of hermeneutical conception within the juridical method.4" lavier Otaduy adopts well this concept to the canonical interpretation.41 Therefore, it is not necessary to be there any textual similarity or quotation within the current canonical material in order to justify the application of old law, because even the indirect relation is sufficient for its deliberation. This is not relativizing incompetently the new law, because the interpreter’s obvious intention is the text's better understanding. Let us use here Stephan Kuttner’s short comment on the above indicated 1 llh century canonical collection of Ivo of Chartres for enlightening the canonical interpretation: “(...) Ivo’s prologue was a milestone in the history of the art of interpretation, in that in transferred certain principles of biblical and rhetorical hermeneutics to the field of the sacred canons, enriching the traditional commonplaces with new ideas which were to prove of considerable consequence both in scholastic theology and nascent canonical science of the twelfth century. But hermeneutics - the art of reconciliation of sacred authorities - and divine harmony are closely correlated (. ,.).”42

37 Acta Synodalia Sacrosanti Concila Oecumenici Vaticanum II, Typ. Pol. Vat. 1-IV. 1970-1977.

38 Communicationes, Typ. Pol. Vat. 1966ff.

39 Cf. Castillo Lara, R., Criteri di lettura e comprehensione del nuovo Codice, in Apollinaris 56 (1983)345-369.

40 Kaufmann, A., Concepcion hermenéutica del mètodo jurídico, in Persona y derecho 35 ( 1996) 1 1-38.

41 Otaduy, J., Interpretáción de la ley, in Otaduy, J. - Viana, A. - Sedano, J. (dir.), Diccionario General de Derecho Canònico, VI. 720-731, especially 723-724.

42 Kuttner, S., Harmony from Dissonance. An Interpretation of Medieval Canon Law, in Kutt- ner, S. (ed.), The History of Ideas and Doctrines of Canon Law in the Middle Ages (Collected Studies Series CS 113), Hampshire 199271/1-16, especially 1/4.