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Periodica de re canonica
Periodica de re canonica
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DOI10.32060/PERIODICA.3.2019.381-408
AuthorFrancesco Coccopalmerio
TitleVerso possibili, nuove forme di esercizio del primato? Un tentativo di risposta a Ut unum sint, n. 95 con una esegesi del can 333 §2
PeriodicalPeriodica de re canonica
ISSNISSN print 2610-9212 — ISSN digital 2611-4054
Volume108
Year2019
Pages381-408
Abstract

The author wants to offer his contribution of reflection to the n. 95 of the encyclical letter Ut unum Sint wherein Saint John Paul II declares that he wants «to listen to the question [...] of finding a form of exercising the primacy that, while not renouncing in any way the essential part of his mission, opens it to a new situation». To  this end, it is recalled as a presupposition that precisely because of the primacy of the Pope in the College of Bishops (a hierarchically superior position and that, for this reason, the Pope’s vote has a decisive ) attention is placed on can. 333 §2 in which the Code states: «The Roman Pontiff, in the fulfillment of the office of Supreme Pastor of the Church, is always joined in communion with the other Bishops». The author notes that the conjunction between the Pope and the other  Bishops is affirmed by the text precisely in operating the office of Supreme Pastor of the Church, that is, for example, in performing an act of solemn magisterium. What, then, does the Pope’s conjunction with the Bishops mean in carrying out an act of teaching? It is clear if an act is carried out in an ecumenical council or by a
collegial act of the bishops that remain scattered throughout the world, but if the act in question was carried out by the Pope as a single subject? How does the interaction with the Bishops occur? In this case, it is essential that the Pope has union with the bishops because he has a common thought and will. However, can this unity in common thought and will be presupposed and verified by requiring of each bishop his specific understanding? It cannot be assumed, but must be validated. And then, if every bishop must express his specific understanding, would it not be more appropriate to do so always through a collegial act? The
Author counsels that in the case of solemn acts the Pope never functions as a single subject, but always performs such actions together with the other bishops, nevertheless remembering that the Pontiff’s vote – precisely because of the primacy – must always be added to that of the majority of bishops in order to
have an act of the College.


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