Canon law may be taken to include theology, or may be limited to the law
of the organization and functions of the Church taken in a large sense as
inclusive of the laity in their relations to the religion of Christ.[402]
Obviously part comes from Christ directly, through the Old Testament as
well as New. The other part, and in bulk far greater, emanates from His
foundation, the Church, under the guidance of His Spirit, and may be added
to and modified by the Church from age to age. It is expressed in custom,
universal and established, and it is found in written form in the works of
the Fathers, in the decrees of Councils, in the decretals of the popes,
and in the concordats and conventions with secular sovereignties. From the
beginning, canon law tacitly or expressly adopted the constitutions of the
Christian emperors relating to the Church, as well as the Roman law
generally, under which the Church lived in its civil relations.
The Church arose within the Roman Empire, and who shall say that its
wonderfully efficient and complete organization at the close of the
patristic period was not the final creation of the legal and constructive
genius of Rome, newly inspired by the spirit of Christianity? But the
centre of interest had been transferred from earth to heaven, and human
aims had been recast by the Gospel and the understanding of it reached by
Christian doctors. Evidently since the ideals of the Church were to be
other than those of the Roman Empire, the law which it accepted or evolved
would have ideals different from those of the Roman law. If the great
Roman jurists created a legal formulation and rendering of justice
adequate for the highly developed social and commercial needs of Roman
citizens, the law of the Church, while it might borrow phrases, rules, and
even general principles, from that system, could not fail to put new
meaning in them. For example, the constant will to render each his due,
which was _justitia_ in the Roman law, might involve different
considerations where the soul’s salvation, and not the just allotment of
the goods of this world, was the law’s chief aim. Again, what new meaning
might attach to the _honeste vivere_ and the _alterum non laedere_ of
pagan legal ethics. _Honeste vivere_ might mean to do no sin imperilling
the soul; _alterum non laedere_ would acquire the meaning of doing nothing
to another which might impede his progress toward salvation. Injuries to a
man in his temporalities were less important.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account