C XLIV 88/04, 539-588: P. Gherri: Note metodologiche sui rapporti tra Teologia e Diritto canonico nell' Alta Scolastica e loro riflessi sull'attuale Teologia del Diritto canonico. (Artiele) 

G. clairns that tbe recent creation of the '"Theology of Canon Law" as a new academic discipline requires the investigation of the connection between the science of theology and canonical science, since the latter has taken an entirely different point of departure in the last fifty years. Concentrating on the methodology of canon law in the Scholastic period, G. presents three hypotheses: first, that from the ninth to the twelfth century, a significant portion of the canonical auctoritates were scriptural or from the Fathers of the Church; second, that there was a link of  "instrumental dependence" on the part of teachers of canon law in the high Scholastic period on the canonical collections (principally patristic, biblical, and conciliar), which is seen in the utilisation of these fontes, but in a different dialectic; third, that the supposition that the late Scholastics used canon law as a locus theologicus is erroneous.


In: Canon Law Abstracts, (2006/1), n. 95, 21.