The Concept of Law and the Vision of the "Ius Divinum" in Canon Law

Abstract

The conception of ecclesial divine law is heavily dependent on the notion of law which is employed in an analysis. After presenting the doctrine of some authors in this regard, we explore the fecundity of a realist approach to law, understood as a juridical good. Through this perspective, we gain a better understanding of the full juridical nature of ius divinum, reaffirm its intrinsic nature in relation to the mystery of the Church, as well as its historical concreteness. We also grasp its being an eminently supernatural law with a natural structure, confirm its immutability in the essentials and its indispensability, and more fully discern its content (by applying the concept of fundamental juridical good), together with the different ways in which the divine aspects are present in ecclesiastical juridical goods (as a presupposition, as an absolute good, as a principle, and as a reference point), and the deep intertwining of these divine and human aspects. We thereby highlight and put into sharper focus its omnipresence in canonical issues and, therefore, its practical relevance.