Kodeks Jana Pawła II po pięciu latach od promulgacji

Abstract

The present paper was delivered as a report at the Academy of Catholic Theology in Warsaw during a symposium organized by the Branch of Polish Canonic Lawyers in 1988. After five years which have passed since the promulgation of John Paul II's Code, the author attempts to characterize its content. Firstly, he emphasizes the significance of epistemological assumptions in formulating the statements which evaluate this Code. The former pio-benedictine codification of 1917 was drafted on the legal-philosophical assumptions appropriate to the conception societas perfecta. The present Code was bom of the spirit of Vatican Council II, which Council inspired the reformatory work on that Code. In view of a legislative technique we deal here with a recodification, though this work has been filled with new doctrinal contents introduced by the recent Council, and mainly by its ecclesiology. At the basis of this new codification one can perceive the assumptions of the ecclesiology of an institution inherited from the previous Code, as well as the councillar ecclesiology of communio. Despite this ambiguity the Code should be interpreted and applied according to the criteria of councillar doctrine. Of its innovatory character will decide, to a great extent, the Church practice. The author points to great opportunities which the present Code offers in valuing the role of lay people, developing particular legislation, influencing legislative processes by cultural elements and making various forms of consecrated life autonomous. It seems that all these opportunities have not been up to now taken advantage of. The author has in mind also legislation and canonic law in Poland. Finally, the author points to a prophetic function of the law also within the Church.