The Ordinary in cann. 134 § 1 and 87 § 2

Under the 1983 Code, there is a clear difference between those who enjoy ordinary power of governance and those who enjoy the title “ordinary”. However, there are occasions when people confuse these two realities. This article, therefore, gives a wide exposition of the concept of ordinary to highlight the ecclesiastical authorities in the Church who enjoy the title “ordinary”. A special emphasis is laid on religious ordinaries in relation to the power granted to them by the universal law under canon 87 § 2 , which dispenses from the universal disciplinary laws in extraordinary cases. Based on analysis of the provisions of cann. 134 § 1 and 87 § 2, the article identifies the ecclesiastical authorities who, thanks to holding some good positions within the ecclesiastical administrative apparatus, do not qualify as ordinaries. Therefore, the article explores the criteria used by the legislator to give this title to holders of certain ecclesiastical offices within the Church.

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Publication Details

Journal
Roczniki Nauk Prawnych
Published
2024-08-23
DOI
https://doi.org/10.18290/rnp24341.5
Primary Topic
Diverse Legal and Medical Studies
Type
article
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article

The Ordinary in cann. 134 § 1 and 87 § 2

John Okello Ogutu
Roczniki Nauk Prawnych
Diverse Legal and Medical Studies
article

The Ordinary in cann. 134 § 1 and 87 § 2

John Okello Ogutu
article en

Abstract

Under the 1983 Code, there is a clear difference between those who enjoy ordinary power of governance and those who enjoy the title “ordinary”. However, there are occasions when people confuse these two realities. This article, therefore, gives a wide exposition of the concept of ordinary to highlight the ecclesiastical authorities in the Church who enjoy the title “ordinary”. A special emphasis is laid on religious ordinaries in relation to the power granted to them by the universal law under canon 87 § 2 , which dispenses from the universal disciplinary laws in extraordinary cases. Based on analysis of the provisions of cann. 134 § 1 and 87 § 2, the article identifies the ecclesiastical authorities who, thanks to holding some good positions within the ecclesiastical administrative apparatus, do not qualify as ordinaries. Therefore, the article explores the criteria used by the legislator to give this title to holders of certain ecclesiastical offices within the Church.

Roczniki Nauk PrawnychVol. 34(1)
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Openalex Percentile: Top 77%
Diverse Legal and Medical Studies
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