A Canonical Analysis of the Authority Exercised by the Diocesan Bishop and the Religious Superior Over the Religious Pastor qua Pastor.

摘要

A presbyter member of a religious institute who is appointed pastor (hereafter religious pastor) is subject to two distinct but sometimes overlapping authorities: the diocesan bishop and his religious superior (c. 682 §1, which is rooted in c. 678). The two authorities comprise the dual authority structure to which all religious are subject in the exercise of an external apostolate. It is crucial that the authority exercised by the diocesan bishop and the religious superior over the religious pastor qua pastor be properly delineated so as to minimize tensions among the concerned parties. These tensions can negatively affect the care of souls, hinder the bishop's ability to shepherd his diocese, and even put in peril the religious vocation of the religious pastor.;This dissertation primarily analyzes the ius vigens regarding the authority exercised by the diocesan bishop and the religious superior over the religious pastor qua pastor. At times, it analyzes these norms in relation to the relevant canons of the 1917 code so as to understand the current legislation better. Similarly, each chapter refers to the relevant conciliar and post-conciliar documents and the code revision process leading up to the 1983 code.;The first chapter analyzes two foundational issues: the authority of the diocesan bishop and the religious superior over religious who exercise an external apostolate. For understanding the diocesan bishop's authority the council's teachings regarding episcopal authority (LG 27) and religious exemption (LG 45 and CD 35) are especially important, the latter serving to highlight a possible limitation of the diocesan bishop's authority with respect to religious exercising an external apostolate in his diocese. For understanding the religious superior's authority over a member's exercise of the external apostolate the crucial element is the member's profession of the evangelical counsel of obedience. This chapter provides the general principles regarding the relationship between the dual authority structure and the religious' exercise of the external apostolate, principles that will recur in the subsequent chapters.;The second chapter analyzes the nature and acquisition of an ecclesiastical office and, in particular, how a member of a religious institute acquires a diocesan ecclesiastical office by one of two methods: presentation/conferral or consent/conferral. This chapter identifies the notion of presentation/conferral with the right of presentation, meaning it follows the general principles of canons 158-163. The second method is identified as being substantially similar to free conferral (c. 157). This chapter discusses what effect the type of entrustment (i.e., a parish entrusted to a clerical religious institute or a parish entrusted to an individual religious presbyter) has on which method of conferral is used.;The third chapter analyzes the nature of the authority exercised by the diocesan bishop and the religious superior over religious pastor's exercise of his office. While the diocesan bishop's authority in this regard is no different from any other pastor, the religious superior's authority, which is manifested through a vigilance function, is affected by the type of entrustment. In short, the vigilance is more wide-ranging over a pastor of a parish entrusted to the institute. This chapter also considers the religious pastor's removal from office, studying the notions of ad nutum removal and how any of the aggrieved parties (i.e., religious pastor, diocesan bishop, or competent religious superior) can pursue recourse against a decree of removal.