La giurisprudenza come fonte del diritto canonico Jurisprudence as a Source of Law

Abstract

Starting with such a provocative title, the essay aims to answer the question of whether jurisprudence can be considered as a source of law in the canonical judicial system. In order to achieve the objectives of the present work, it is proposed not to observe a traditional path followed by those who interpret the provision of canon 19 of the current Code of Canon Law, but rather to consider jurisprudential creativity which represents, in its various manifestations, an unavoidable feature of legal experience. This premise helps to reconsider the source concept of law and systematizes the role of jurisprudential doctrine in the hierarchy of sources in the canonical legal system.