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Cooperation of the Laity in the Power of Governance

Josip Šalković ; Katolički bogoslovni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska

Sažetak

Presuming general knowledge of the situation of the laity in the Catholic Church in Canon Law and based on sources and literature, the author of this article investigates the legal perspective of co-operation ofthe laity in the power of governance. Provisions of Canon Law 1983 determine that co-operation of the laity in conducting the power of governance, incites certain difficulties and contradictions. The general principle confirmed in Can. 129, § l determines that the power of governance is assigned to the sacred order, i.e. the clergy yet the same Canon § 2 brings fundamental novelties according to which »Lay members of the Christian faithful can cooperate in the exercise of this same power according to the norm of law«. Co-operation of the laity in the power of governance is confirmed in other canons of the Law (Can. 228; 1421, § 2; 1428, § 2; 1437, § 1; 483, § 2; 494, §1;317...).
It is undoubted that certain difficulties and possible contradictions arise between the general principle (Can. 129, § 1; 274, § 1) and certain canons in the Law (Can. 129, § 2; 1421, § 2). By researching the dubious canons and synthetically connecting them to certain canons of the Law, the author gives a theological-legal principle of co-operation, outlining some concrete Church services and duties that relate to the power of governance.
In order to understand co-operation of the laity in the power of governance it is inevitable to be familiar with two theories, two schools: sacramental and non-sacramental that are confronted over the problem of existence and transferring sacra potestas. According to the school of so-called sacramental theory all authority is transferred through the sacraments of the holy order and canon mission serves only for the purpose of concrete execution of authority. According to this theory, the laity would not be able to participate in that government because it is not marked by the holy order. The opposite position is represented by the school of the so-called non-sacramental theory that allows the transfer of holy authority without the sacraments, i. e. canon mission that also render the laity able to be carriers of holy authority. The creation and transfer of holy authority appears to be narrowly mutually dependent with the ability of the laity »to participate« in that authority. The central way and reconciling principles need to be searched for in the provisions of the Law in which the legislator opens opportunities for the laity to be the carriers of services and duties that are often related to conducting holy authority. Scientific interpretation and comparison of canons of the Law easily bring us to apathy towards the so-called sacra-mental school. However, at least two cases of Canon Law foresee and allow the possibility of the laity to conduct holy authority and these are significant to the case of lay judges, diocesan treasurers and treasurers in religious institutions.

Ključne riječi

Canon of Canon Law 1983; power of governance; the laity; church services and duties; co-operation

Hrčak ID:

23780

URI

https://hrcak.srce.hr/23780

Datum izdavanja:

4.4.2007.

Podaci na drugim jezicima: hrvatski

Posjeta: 2.460 *