Boni Andrea ,
Costituzionalitā divina ed umana del diritto ,
Antonianum, 61/1 (1986) p. 40-124
Summary. — The author presents — in new terms — the divine constitutional origin of all law (ius). It is a matter of some interest, inasmuch as the divine constitution of the natural law is foundational for both the civil and the canonical systems of law, which thus form concentric circles. This « circular» construction of all law is centred on man: « Man is the law for man». This view of law restores its original, genuine meaning to Master Gratian's teaching, which identifies the foundation of the natural law in the precept — adopted by the Gospel — of having man as the law for man (Mt 7,12). Likewise the author restores the constitution of the canon law to its divine-apostolic matrix, recovering the concept of « regula ecclc-siastica » (not: « lex ecclesiastica ») as the criterion for the identification and individuation of the subjective rights established by Christ as pertaining to the ecclesial components respectively of the laity, the consecrated and the clergy.