Bogoslovska smotra, Vol. 75 No. 3, 2005.
Izvorni znanstveni članak
The Code of Canon Law - A Theological and Legal Jurisprudential Synthesis of the Council
Josip Šalković
; Katolički bogoslovni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Sažetak
Presuming a general knowledge of the importance of the Second Vatican Council and the organisation of canon law in the life of the Church, the author in his article analyses the relationship (ties) between the documents of the Second Vatican Council and the provisions of the Code of Canon Law from 1983. Amongst the council principles expressing the correct and real image of the Church, which have had a particularly influence on the provisions of the existing Code, the author especially emphasises: doctrine presenting the Church as the People of God, a hierarchical authority as a form of serving; doctrine presenting the Church as a community and defining the relationships which must exist between the particular and universal Church, and between the collegiality of the Bishop's college and the primacy of the Roman Pontiff; doctrine defining that all members of the People of God, in their own right way, participation in Christ's triune office: priestly, prophetic and kingly office; doctrine on the obligations and rights of the faithful, especially the laity; the doctrine on the charismas and emphasis on the rights and obligations for its use; development of new forms of collegial participation at various levels; as well as the ecumenical, missionary and pastoral direction of the Church. The highlighted council principles do not exhaust the whole theological content which have influenced the existing Code, but instead assist in understanding the fundamental organisation of canon law, especially the current Code. The Code should in a specific manner be accepted as a great endeavour transferring doctrine, that is, council ecclesiology into jurisprudential language. The Code's sources, also implying the council documents, best describe the external relationship, i. e. the formal material aspect and the degree to which there exists a real internal connection between the Council and the Code. Revealing the richness of the new and old elements of canon tradition, the Code binds faithfulness with newness: faithfulness to the Council since it transmits it into jurisprudential provisions and faithfulness to the unceasing canonical tradition, constituting a new intelligible chapter, showing a harmonious development of the Church institutions in the continuity of time. The author concludes in his article the necessity of creating a new jurisprudential mentality regarding its applicability, and introduces such issues in an attempt to formulate a new approach to interpreting the Council's guidelines and the Code's provisions in our surroundings.
Ključne riječi
Second Vatican Council; the 1983 Code of Canon Law; sources of canon law; renewing the Code; applicability of provisions
Hrčak ID:
24446
URI
Datum izdavanja:
21.2.2006.
Posjeta: 7.297 *