Abstract

This article aims to demonstrate the necessity of establishing, alongside the discipline of of Canon the Theory of Canon as a basic discipline in its own right. The former founds and interprets Canon Law from an theological point of view; the latter treats Canon Law with regard to its legal-philosophical and legal-theoretical aspects, and comprises therefore a fundamentally different subject matter. Making the theory of Canon Law as an independent field of study corresponds also to the curriculum set out by Novo Codice, where among the fundamental disciplines of Canon Law, alonside the Theology of Canon Law, the study of legal philosophy is a mandatory requirement; legal theory turns out to be a part of legal philosophy, it can however also be seen as a (relatively) independent discipline arising from it.

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