Folia Theologica et Canonica 7. 29/21 (2018)

Ius canonicum

FOLIA THEOLOGICA ET CANONICA (2018) 211-234

Michael Nobel

CANON LAW - HISTORY AND NOTION - AND THE CONCEPT OF SYNODALITY (I)*

Introduction; I. The Notion of Canon Law, 1. The Meaning of “Law”, 2. Theology and Canon Law- A Theory of Örsy, a. The Place and Role of Law in the Church, b. The Relationship between Theology and Canon Law, 3. The History and Sources of Canon Law -A Theory of Ferme, a. The Legislator, b. The Extension of the Norm, c. The Historical Genuineness of Canonical Collections, d. The Method of the Canonical Collections, e. The Juridical Authority of the Canonical Collections, f. The Periods of the History of Canonical Sources, 4. The Development of the Codes of Canon Law, II. The Current Law, 1. Two Codes for the Catholic Church - the Corpus Iuris Canonici - A Theory of Abbas, 2. Further Norms Besides Universal Law, a. The Particular Law, b. The Canonization of Civil Law, c. The Liturgical Law, d. The Agreements and Concordates, e. The Specific Acquired Rights and Privileges, f. The Customs

Introduction

Oftentimes questions arise on what is canon law and what is its value. Ignorance or a mistaken judgment left the science of canon law sometimes in the dark although it is part of the curriculum for theological studies in the first cycle or can be studied separately in the context of the licentiate or doctoral program. This study intends to give insides on the historical and current aspects of the science of canon law as well as a notion on the concept of synodality.

I. The Notion of Canon Law

From its very beginning, when people decided to live together, they created rules and regulations. Basic norms were established to direct the lives of everyone. These rules were set by competent authorities, whether individually or with the consent or council of others, “to protect the liberty of the individual and to guarantee the peace and the peculiarity of the community of people.“'

* The following study is a presentation that the author gave at a conference to the diocesan clergy of the Diocese of Memphis, Tennessee (March 13'12018).

1 Demel, S., Nicht ohne Kirchenrecht in den Religionsunterricht, in Althaus, R. - Lüdicke, K. - Pulte, M., Kirchenrecht und Theologie im Leben der Kirche. Festschrift für Heinrich J. Rein-