Budoucnost výkladu kanonického práva
The Future of the Interpretation of Canon Law
Author(s): Piotr KroczekSubject(s): Canon Law / Church Law
Published by: Společnost pro církevní právo
Keywords: interpretation; canon law; Catholic Church; jurisprudence; legal culture; can. 17 CIC/1983
Summary/Abstract: Unlike the issue of interpretation in legal systems of contemporary states, where the issue of the interpretation of the law is left to jurisprudence, the issue of the interpretation of canon law, at least in terms of authentic interpretation, is regulated by the supreme legislator himself. On the one hand, it creates a situation of stability and predictability of the outcome of the process of the interpretation of canon law all over the world, i.e., independently from the local legal culture of the interpreter. However, as a consequence, the rules of the interpretation of canon law do not keep up with contemporary legal jurisprudence. The aim of the paper is not only the description of the pros and cons of the method of regulating the interpretation of canon law but also the formulation of some de lege lata and de lege ferenda postulates in this matter that can be of help to the canonists and the Church in answering the challenges of the contemporary world.
Journal: Revue církevního práva
- Issue Year: XXIV/2018
- Issue No: 72
- Page Range: 11-23
- Page Count: 13
- Language: Czech