T H E O L O G O S - Prešovská univerzita v Prešove

Piotr Kroczek
d. Subject Matter of Law
The subject matter of law can be analyzed on two levels. One is a
general level that represents overall aim of canon law and the other one
is on a particular level, that is, as a theme of a singular act of law or a
theme of a scope of acts of law.
General aim of canon law is to be placed inside the Church. It is
included in Church’s vocation, mission, and assignment 25 . It is salvation
of souls, as well known sentence puts: Omnis institutio ecclesiasticarum
legum ad salutem referenda sit animarum 26 . The principle is well known
in form salus animarum suprema lex, and it appears in CIC 1983 (can.
1752). It has general character and must be regarded as the fundamental
principle of the entire law in the Church. There is no justification for law
unless it refers to Salvation.
The proximate aim of a singular act of law or a scope of acts of law is
to normalize a certain topic and give rules for a part of life. But every act
of law in the Church aims at the general and ultimate goal, that is, to take
care of souls. It is not so visible, when law deals with temporal goods of
the Church. It is much more observable when it regulates, for instance,
administration of sacraments. But in both situations law brings order to
community of believers and helps them pursue their perfection and holiness,
aids them to grow and develop 27 .
When law both helps to gain fundamental aspiration for people and
in addition answers peoples’ needs and gives solution to their problems,
its authority among users becomes higher. And contrary to this, if law
does not pertain to matters of vital importance in the life of the faithful, it
is not treated as a valuable law.
e. Quality of Law
Next component of authority of law is quality of law. It is a complex
issue. Good quality law is a law, which is useful to community, relevant
to current problems of the faithful, efficient and successful in influencing
the life of community for which it has been made. The main feature of
law of good quality is logic, harmony, and coherence of both the whole
system of law and particular acts of law. Taking care of quality of law, a
legislator cannot change or update law too often. Stability is of essence,
too. Fine law is easy to interpret and apply. Already at first glance such
law is seen as clear and comprehensible even for non-specialists.
25
R. SOBAŃSKI, Kościół – prawo – zbawienie, Katowice 1979, p. 241.
26
IVO FROM CHARTRES, Epistula 60, PL 162, 74.
27
Cf. Preface, [in:] Code of Canon Law Annotated …, p. 29.
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