IL VESCOVO DIOCESANO COME MEDIATORE TRA DIRITTO UNIVERSALE E PARTICOLARE (CAN. 381 §1)
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Babeș-Bolyai University / Cluj University Press
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The diocesan bishop as mediator between universal and particular law (can. 381 §1). The present article explores the figure of the diocesan bishop as a mediator between universal law and particular law. The essay includes two parts. First, we focus on the role of the diocesan bishop in the universal law, highlighting his function in both theory and practice. Second, we examine the same issue within the framework of the particular law. The research points out that the tension between the universal and the particular exists since the beginning of Christianity. However, it is argued that the diocesan bishop acts as a mediator in this tension from the beginning of the Church. Indeed, he is a mediator, a real “Pontifex”, between the universal law/Church and the particular law/Church. From this follows that the fundamental duty of the diocesan bishop is “to protect the unity of the universal Church, to promote the common discipline of the whole Church and therefore to urge the observance of all ecclesiastical laws” (see can 392 §1).