Probati auctores

Ursprünge und Funktionen einer wenig beachteten Quelle kanonistischer Tradition und Argumentation

Abstract

This article deals with the so-called probati auctores, i.e. those canonists and theologians who are commonly regarded as reliable and faithful interpreters of the doctrine of the Catholic Church in regard to canon law, belief and morals. The respective category originated both from a personalization of the doctrine of communis opinio which was developed in the late medieval Ius Commune, and from older theological notions such as the ideal of the holy Church Father and the Doctor of the Church. Starting with a decision made by Benedict XIV in 1744 (Redditae Nobis) the article looks into the question why the »approved authors« played such a significant role in canon law until the 20th century, whereas the communis opinio lost its importance in civil jurisprudence in the course of the 18th century. Against the background of the history of science this brings to light a particular demand for and supply of canon law information. On the one hand there was an interest in a universal and »Roman« view of canon law, on the other hand the Roman Curia used the probati auctores as a means of influencing the process of opinion-formation in canon law. This working paper ends with a brief look at the knowledge potential and possible research perspectives in this particular field.