The Code as an Instrument: the History of Canon Law and the Codification in the Church (original) (raw)

28-30.06.2018, Paryż, 5TH ESCLH Biennal Conference "Laws Across Codes and Laws Decoded". The canon law throughout its long history only recently, i.e. in the former century, adapted the concept of codification. From Gratian’s Decretum up to 1917 the sources of canon law were collected in many compilations of various range and authority but it was because of 19th century’s trend the ecclesiastical lawgiver adopted new form of arranging laws. Twice (in 1917 and in 1983) there were promulgated the Codes in the Church. However, the Code plays a specific role in canon law and the codification has its distinct meaning. The Code is seen only as ‘an indispensable instrument’ (Sacrae disciplinae leges) and the codification is merely an up-to-date way of providing laws. More suitably one can claim that despite the promulgation of two codes, canon law is a decodified system which employed a modern art of legislation as a useful tool for reform (N. Irti). There is a lot of evidence for justification of this claim (F. Longchamps de Bérier). The ecclesiastical lawgiver did not claim that his code will accomplish all the requirements expected from any code by the secular jurists. The most evident affirmation of it is that the Codes themselves provided the procedure of filling lacuna legis. There were hardly any changes in the Codes during hundred years from the promulgation of Pio-Benedictine Code and the amendments have appeared only recently (K. Świergosz). There is a vast amount of matters which were not included in the Codes. One can found in the Codes the canons which contain rather theological claims then legal norms. These and other arguments considered together show the distinctive role of codification process in the Church. All of these arguments stem from the history of canon law. This statement makes canon law the perfect example for examining the answer to the question: ‘How does the code reflect the history of respective law?’

Sign up for access to the world's latest research.

checkGet notified about relevant papers

checkSave papers to use in your research

checkJoin the discussion with peers

checkTrack your impact