Published : 2023-11-20

Publica utilitas praeferetur privatae: on the Inadequacy of Dividing Canon Law into Public and Private Law

Abstract

The author undertakes the issue of the dichotomous division of law into public and private in the canonical legal system, which is an issue commonly known to many, including legal theorists. He does not try to distinguish the public and private dimensions in the applicable provisions of the Code of Canon Law, thus following other researchers, but rather demonstrates that the use of the public/private binomial is neither adequate nor sufficient, while describing the community of believers of the Catholic Church, whose differences from the lay communities (especially societies) are the hermeneutic starting point for some relevant conclusions. Moreover, the author supports the legislator’s definition of what is “public” and “private” in terms of the faithful functions (christifedeles) depending on their respective systemic position.

Keywords:

public law, private law, community, society, legal membership



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Roczniki Nauk Prawnych · ISSN 1507-7896 | eISSN 2544-5227 | DOI: 10.18290/rnp

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