Just autonomy of religious institutes and Episcopal authority from the Second Vatican Council to the Ninth Ordinary Synod of Bishops on consecrated life.
Creators: name: Doran, John.
Publisher: name: Université d'Ottawa / University of Ottawa
Year: 1998
Subjects: subject: Religion, General.

description: This thesis concerns the relationship between the just autonomy of institutes of consecrated life (c. 586) and societies of apostolic life (c. 732) and the authority which the diocesan bishop exercises in the ordering of the apostolic mission within the local church. Since many institutes and societies are present in the dioceses of the Church, an understanding of the nature and extent of this relationship constitutes an important element in the day-to-day life of the apostolate in a diocese. The thesis explores the origin and meaning of just autonomy and the consequent limits it sets for the diocesan bishop and institutes and societies in the fulfillment of the mission of the Church. Although the concept of just autonomy does not occur in the documents of the Second Vatican Council, nevertheless its presence in the Code of Canon Law stands as a valid development from the conciliar teachings. Although the thesis demonstrates that other groups within the Church possess autonomy, the author maintains that just autonomy has its origin in, and is consequent upon, the granting of public juridic personality to institutes and societies by the law itself. The original contribution of the thesis to the body of canonical knowledge rests on this point. Just autonomy does not represent independence from ecclesiastical authority. Rather it helps to define the relationships of authority between bishops, religious superiors, and members of institutes. Moreover, just autonomy points to the obligations of institutes and their members to maintain the patrimony of their institutes. The discernment and recognition by the Church's authorities brings these institutes and societies into existence. The moment of formal erection, which follows, grants them their public juridic personality and, consequently, their right to a just autonomy of life and especially of governance. The Second Vatican Council recognised that all bishops possess the ordinary, proper and immediate power to fulfill their office in the church. By their canonical mandate, diocesan bishops also possess the right to exercise that power in ordering the apostolate within their churches. Yet, because of the just autonomy of institutes and societies, the diocesan bishop has a duty to protect them from unwarranted interference from diocesan members and agencies. The Code of Canon Law foresees that the progress of the relationship between institutes and societies and the diocesan bishop demands consultation, cooperation, mutual acceptance, and dialogue. The interventions made by the participants at the Ninth Ordinary Synod of Bishops in 1994 demonstrated that these demands are exercised variously throughout the Church. Cultural, political, economic factors, and ecclesiastical history demonstrate the relativity of the relationship between bishops and institutes and societies. In recognising this, the thesis maintains that further understanding of the effect of just autonomy will be understood by examining the written documents that the law requires when institutes and societies wish to participate in the mission of the particular churches. The thesis concludes that these documents must recognise not only the works being undertaken, but also their relationship to the patrimony of the institutes and societies.