Structure and elements of the canonical sanctioning intervention. Hypothesis for a systematics

Abstract

The canonical sanctions are commonly divided into administrative and penal ones, often causing confusion regarding the matter (penal vs. disciplinary) and its mode (judicial vs. administrative). As a result of the revised and expanded formulation of Canon 1339, we can conceive of a more articulated and systematic understanding of this matter by identifying three possible sanctioning approaches : pastoral, disciplinary, and penal. In this regard, this perspective can structurally hold together what, in fact, appears to be the actual three levels provided for by the canonical system in relation to the possibility of sanctioning. Our proposal is enriched with the suggestion that pastoral interventions may be formally structured also through warnings, rebukes, and reminders, which can be used to provide consistency for the first phase of the sanctioning proce dures, which are too often underestimated or conducted improperly.