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... 263 This sentence is also true - mutatis mutandis - concerning the canonical discipline of our time. Prof. Kuttner participated in the revision process of the Code of Canon Law. As expert of canonical sources, his scholarly concept has enriched the New Code’s configuration43, therefore we must notice his idea on the meaning of inteipretation of canonical text. The separation of “ius vigens” from its formal sources, or those norms which regulated earlier the same subjects, institutes, actions, is impossible. As Enrique De León emphasized in 2012, the new law to be born among already existing circumstances, other norms, etc., and these make influence on the composition of new law, conserving the historical continuity.44 We would like to mention here also that any translation is an interpretation, therefore, when the translation of the New Code was made officially possible, it also meant that for the most perfect translation the interpreter should know - as detailed as possible - the whole history of the final text of the Code, even those formal sources which regulated the same field earlier within canon law, namely the CIC (1917), but also the Corpus iuris canonici. Naturally, it is well known that the most frequented disciplines within the canonical system are the marriage law and the religious law which are soaked by the institutional frameworks and canonical principles, evolved from the revelation, ecclesiastical tradition and the ecclesiastical daily routine. These are respected by the New Code of Canon Law too, even these have strong bond to the old law. It is a substantial help for those who like to follow the ecclesiastical jurisprudence, if for their interpretation they try to get to know as well as possible the earlier norms and the very concept behind them. Nevertheless, this knowledge is also important for the legislator when he wills to dissolve any loophole (,lacuna legis). Conclusion: Ecclesiastical Disciplinary Sources as Essential Basis and Guarantee for the Constant Fulfilment of the Proper Goal of the Church If we turn our attention to the annotated critical edition of the general councils, we can see many references to earlier councils as sources for the new legislation. It makes that significant impression on the analyzer that even those many centuries which were spent, the conciliar discipline has been superposed fully on each other. This is not accidental, because - as we already pointed out - the canon law itself is in a close relation to the pastoral and sacrament-administering 43 Kuttner, S., The Code of Canon Law in Historical Perspective, in The Jurist 28 (1968) 129-148. 44 De León, E., História del derecho canònico, in Otaduy, J. - Viana, A. - Sedano, J. (dir.), Dic- cionario General de Derecho Canonico, IV. 334.
