Culture as one of the Determinants of Church and State Legislation: A Case of Canon Law
Abstract
The aim of this article is to show how culture influences church legislation and to identify possible dangers associated with it. The article illustrates examples of changes in Church law that take place under the influence of culture. The conclusions are as follows: canon law submits to culture and it is a possible threat because it loses its ecclesiastical and salvific character. The legislator should be aware of such a phenomenon and try to preserve specific features, especially the purpose of canon law.
Keywords
canon law; culture; lawmaking principles; art of legislation
References
Catechism of the Catholic Church. Vatican: Libreria Editrice Vaticana, 1992.
Dekret ogólny Konferencji Episkopatu Polski o przeprowadzaniu rozmów kanoniczno-duszpasterskich z narzeczonymi przed zawarciem małżeństwa kanonicznego z dnia 8października2019 r., Akta Konferencji Episkopatu Polski, vol. 31 (2019), 28–93.
Epistola ad Diognetum. Patrologiae cursus completus. Series Graeca, edited by J.-P. Migne, vol. 2, col. 1159–1186. Translation taken from by Alexander Roberts and James Donaldson, Ante-Nicene Fathers, Vol. 1. Edited by Alexander Roberts, James Donaldson, and A. Cleveland Coxe. Revised and edited for New Advent by Kevin Knight. Buffalo: Christian Literature Publishing Co., 1885.
Huels, John M. “Interpreting Canon Law in Diverse Cultures.” Jurist, vol. 47 (1987): 289–290.
Lonergan, Benrnard. Method in Theology. Toronto: University of Toronto Press, 1999.
Örsy, Ladislav. “The Interpretation of Laws: New Variations on an Old Theme.” In The Art of Interpretation. Selected Studies on the Interpretation of Canon Law, 47–82. Washington DC: Canon Law Soc. of America, 1982.
Örsy, Ladislav. “The Interpreter and His Art.” The Jurist, vol. 40 (1980): 27–56.
Robitaille, Lynda. “Consent, Culture and the Code.” Studia Canonica, vol. 33 (1999): 125–138.
Sacrosanctum Concilium Oecumenicum Vaticanum II. “Constitutio dogmatica Lumen gentium de Ecclesia.” Acta Apostolicae Sedis, vol. 57 (1965): 5–75.
Sacrosanctum Concilium Oecumenicum Vaticanum II. “Constitutio pastoralis Gaudium et spes de Ecclesia in mundo huius temporis.” Acta Apostolicae Sedis, vol. 58 (1966): 1025–1115.
Webster’s New World Dictionary, edited by Victoria Neufeldt, 3rd college ed. Boston: Houghton Mifflin Harcourt, 1994.
Wijlens, Myariam. “Salus animarum suprema lex: Mercy as a Legal Principle in the Application of Canon Law?” Jurist, vol. 54 (1994): 560–590.
Pontifical University of John Paul II, Cracow Poland
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