Rola wspólnoty wiernych i prawodawcy w procesie tworzenia zwyczaju prawnego w systemie kanonicznym

Abstract

The author in the presented article focused on the issue of the roles of a community and of a legislator in the making process of a legal custom in the canonical system. Analyzing the content of the instructions included in cann. 23-28 CIC, he pointed out that in the canonical system the community of the faithful remains the causative force of a custom; while the legislator allows for the custom to exist in the system and acknowledges its validity. This specific role of a community results from the involvement of the faithful in the triple mission of Christ, i. e. the mission of a priest, of a king, and of a prophet.