Independence of the subject of canon law as an area of ecclesiastical jurisdiction

Abstract

The article considers the theoretical installations of canon law as an independent legal discipline. The conclusions of the discussion
of the canonists of the pre-revolutionary era about the place of canon law in a number of other theological and legal sciences should currently be updated in connection with a change in the legal theory itself that has occurred in the last century. In particular, this concerns the rethinking of the meaning of legal positivism in H. Hart and J. Raz, the theory of the moral integrity of R. Dvorkin’s law, and the role of morality in law in L. Fuller. These changes allow us to continue to study the grounds for the autonomy of canon law within the framework of special church jurisdiction.