The "Salus animarum" as the end of canon law in Javier Hervada's thought in light of the redactional iteration of can. 1752 CIC of 1983

Abstract

This study shows in a synthetic way the contribution of Hervada to the debate on the meaning of salus animarum as the end of Canon Law. Using can. 1752 as its basis, the study first makes an exposition of the canon’s sources. Then, it explains the canon’s redactional process, a central moment, which has not been published until now. In this explanation, some of those who participated in the codification work stand out, as well as the influence of some texts of the Second Vatican Council. Finally, we reflect on the main doctrinal positions about salus animarum, showing the contribution of the Hervada’s systematic study. Hervada bases himself on St. Thomas Aquinas not only for his terminology, but also for the depth of vision of so-called juridical realism. In this way we attempt, with a fitting method based on the sources, to deepen our understanding of the genuine ratio legis of the last canon, which forms the cornerstone of the Code. We conclude with the affirmation, among other aspects, of the full legal value of salus animarum as the end of Canon Law.