Recht absurd: Absurditätserfahrung als Legitimationsproblem des Kirchenrechts

Absurdity is a problem for any legal system, since “absurd” (in the sense of arbitrary, preposterous and meaningless) law is bad law in every respect. Such law can no longer adequately fulfil its essential functions. This applies in particular to the guarantee of peace under the law (“Rechtsfrieden”) through reliability and predictability, i.e. legal certainty (“Rechtssicherheit”). Without this, law not only becomes dysfunctional and useless, but also its legitimacy is massively questioned. Modern constitutional systems have secured themselves against this by using elements such as the separation of powers and control mechanisms inherent in the system. They not only limit arbitrariness, but also enable transparency and participation which minimise the absurd feeling of being at the mercy of the legal system. If Canon Law does not want to appear as absurd law, it should adopt and include those instruments of a modern state under the rule of law. Otherwise, the perception of Canon Law as absurd law will lead to its delegitimisation.