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

Piotr Kroczek
ne law or an ecclesiastical law of a higher authority (can. 1315 §1). A particular
law can also add other penalties to those laid down in the universal
law. This can be done for the gravest necessity (can. 1315 §3). When
sanctions are added to law, the respect for law is aroused. Faithfull are
afraid of acting against law. No one wants to be liable to penal sanctions.
g. Authority of Legislator
Legislator is responsible for the community. In his legislative action
he must be seen as Christ himself. In the name of the Founder of the
Church, legislator has sacred power, that is, special mission to act in persona
Christi (cf. LG 11, can. 212 §2). The work that must be done is to
build communio of Christians with God and also among the believers (LG
40). Law is a product of the ecclesiastical power entrusted to him. It must
express integrating activity of Christ for community 35 .
Without a doubt authority of law is strictly connected with authority
of legislator. When the author of law is well respected, that is, when the
power he exercises and knowledge he has is well recognized 36 , the law
he drafts is held in high esteem. Attitude of the users of law towards law
depends on the image of legislator and how he is construed.
5 Evaluation of Authority of Law
The question one can ask is: Is it possible to evaluate the authority of
law? If the method of measuring authority existed, it would be a great
tool of help to every legislator. It seems that the only way to say anything
about the authority of law in the community is by speaking about its
effectiveness.
Law can be called effective when there is adequacy between what
legislator predicts and what community realizes. The more adequacy there
is, the higher the effectiveness. Norms of law are visible in life of
members of a community; logically, it is also the indicator of authority of
law. When law is well respected it brings peace to community, love, joy,
patience, kindness, goodness, faithfulness, gentleness and self-control (cf.
Ga 5, 22-23) 37 . In sum, the acceptance and observance of the law is an
indication of its authority. In a situation in which rules are obeyed the law
has its legal significance and legal validity for community. It means that
35
R. SOBAŃSKI, Kościół jako podmiot prawa, Warszawa 1983, p. 165.
36
J. M. BOCHEŃSKI, Co to jest autorytet?, [in:] Logika i filozofia. Wybór pism, transl. J.
Parys, Warszawa 1993, p. 187-324.
37
Cf. L. ÖRSY, The Reception of Laws by the People of God: a Theological and Canonical
Inquiry in the Light of Vatican Council II, The Jurist 55 (1995), p. 521 ff.
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