Problem interpretacji prawa kanonicznego w świetle pluralizmu kulturowego

Abstract

There is no doubt that law is a product of culture and as such it depends on it. Canon law is not an exception; it too remains intrinsically connected to culture. In this article, the problem of the relation between culture and canon law is narrowed down to the phenomenon of influence the culture in its many forms exerts on the interpretation of canon law. To put it in the form of the question: W hat sort of impact does the variety and diversity of cultures have on interpretation of canon law? Since in the Church system of law there is a mutual correlation between writing of law and its interpreting, both interpretation and lawgiving activities become an object of this article’s investigation. Both phenomena, evidently, are under the influence of culture. The article consists of four parts. The first one constitutes an attempt to define a phenomenon of culture. The second, given the variety and diversity of cultures, raises the question of a possible communication between them. The third one discusses the multiculturalism of Catholic Church and its influence upon the church law. The article culminates with the following conclusions. The question of the hermeneutics of canon law in the increasingly multicultural Church has to be addressed not only by the canonists, but also by anthropologists, philosophers, historians, sociologists, linguists, theologians, and all others whose expertise will enhance the thoroughness of hermeneutical tasks at hand. The fact of the varying and diversified influence of culture on canon law with the resulting differences of law interpretation need not be perceived as something erroneous or unwanted. On the contrary, it should be seen as something natural, normal, regular, especially inside the Church which is universal. The differences in question arise from the differences between local cultures. The local character of the Church is inscribed in its nature: the Catholic Church exists in and consists of Particular Churches. (LG 23, can. 368). The respect for local church communities has to be expressed not only in the process of creation of law but its interpretation and application as well. Canon law tradition provides a suitable means for that, such as custom, epikia, dispensation. The variety and diversity of resulting canon law interpretations is clearly inconvenient, because it undermines confidence and. trust in law. Uniformity of the results is much desired. Thanks to its uniformity the law retains the unquestionable, stable, and trustworthy quality which in general enhances the value associated with law. We must be aware that complete uniformity of the results of canon law interpretation represents an ideal that cannot be reached. This ideal simply stimulates those involved in the interpretation process. Even with the inherently contextual character of the law interpretation process the law that has been written in one culture can be properly and justly interpreted and applied in another. Since culture is a product of a sinful man (GS 53, 55, 57) one has to remain cautious while justifying or explaining the culturally conditioned decisions of an interpreter.