Natural Law as the Source of Canon Law

Abstract

The article consists of an introduction, a chapter dealing with the basic principles of natural law and another chapter on the dependence of canon law on natural law.

The introduction deals with the difference between natural law and positive law, and the division of legal sources into material and formal sources. Natural law has been categorized as the material source of canon law.

The discussion whout the basic principles of natural law is based on thomistic philosophy. Thus, three inclinations of human nature have been analyzed: the maintainance of one’s own life, procreation and cafe of children, and personal development in society. These inclinations cannot be identified with natural law. To become natural law, they must be recognized and controlled by reason. The social character of human inclination has been demonstrated through the presentation of the principles of assistance and common good. The author also discusses the question of whether the basic principles of natural law are only the norms of morality or also the norms of law, as well as the problem of the relationship between positive law in any natural community and natural law.

The author also explains in what sense natural law is the final cause of positive law. in the ecclesiastic community. Two controversial issues are discussed: firstly, the power of divine positive law and natural law in the system of canon law; secondly, the functions of natural law in the system of canon law. Regarding the latter, the author points out that natural law is very important in the formation, use and interpretation of norms of canon law.