La "ratio" en las fuentes normativas del Derecho canónico

Abstract

137

In the pre-Christian tradition, the ratio was the primordial source of law. Significant exponents of that tradition are Plato in the Greek world and Cicero in the Latin. In the old Christian tradition, the most influential formulations come from Tertullian. Its canonical reception was attained through Isidore of Seville. In the time of the decretalists, the ratio was understood as final cause of each norm, and was always invoked for the interpretation of the law. Suarez notably circumscribed the application of the ratio for purposes of interpretation. The paradigm of the juridical ratio has balanced the Thomasian vision and the Suarezian. But it has always served to introduce in the sources of law the values of truth, adaptation, coherence and correction. In the XX century, the ratio has played also a significant role in the methodological discussions about the canon law, in which it has never been short of critical authors with a typical rational foundation. It is important to underline the function of the veritative ratio, and not simply functional for the comprehension of canon law.

Keywords

Ratio, Ratio Legis, Interpretation of the Law