lC XLV 90105, 693-754: P. Gherri: Teologia del Diritto canonico: note per individuare la nuova disciplina accademica. (Article)

G. offers a series of reflections on the new subject of "theology of canon law" which now forms part of the first cycle in canon law faculties following the decree of the Congregation for Catholic Education of 2 September 2002. Tbe term "theology of law" (or "theology of canon law" - the phrases have tended to be treated as interchangeable) has been used in the second half of the twentieth century by many different authors, and has caused confusion and anIbiguity. In the climate of anti-juridical mistrust which accompanied the revision of the Code, the suggestion of Pope Paul VI that canon law be considered in a "theological" way was accepted by many authors as a chance to "appropriate" a generic formula, frequently using it for ideological purposes. Most of these developments can be traced back to K. Morsdorf, who insisted on creating a "theology of [canon] law" as the "foundation" for the legitimate presence of [canon] law within the Church seen as "communion" and guided by the charisms of the Spirit. Tbere were further developments in later decades, among which is to be included the latest anthropological and theological proposal of G. Ghirlanda, recently reinitiated by M. Visioli. Other authors such as F. D'Agostino and D. Composta also took advantage of the opportunity. Nevertheless the most problematic contribution is that of E. Corecco, who used the phrase "theology of [canon] law" to indicate what should really have been described as a "generai theory of canon law". Tbis approach, together with other "sensationalist" suggestions such as the interpretation of the concept of canon law as ordinatio fidei instead of ordinatio rationis, and the replacing of the analogia entis by the analogiafidei, lead in G.'s view to serious problems. Tbe possibility offered by the 2002 reform of canonical studies is, he argues, that of a "theology of canon law" as a supra-disciplinary introduction to the necessary relationship between theological and canonical sciences.

In: Canon Law Abstracts, (2006/2), n. 96, 9.