Revisiting can. 207 CIC from a Constitutional Viewpoint

Abstract

The article considers the limitations and insufficiencies in the formulation of canon 207 CIC. A cursory examination of the genesis and wording of the norm is followed by an analysis of the reception and reservations manifested by canonical doctrine. The major perplexity regarding the content and placement of the canon in question stems from the ecclesiological assumption related to the societal vision (societas perfecta intricece disaequalis) of the previous can. 107 of CIC 1917. The conciliar acquisition of the condition of the faithful and the communitarian perspective of the people of God induce one to go beyond the sense and purpose of the older norm. Beyond the contrast between the logic of bipartition and tripartition, it seems appropriate to overcome any residue of a conception of canonical states. In line with greater attention to the charismatic factor, the author points to the need of a normative reformulation that incorporates the variety of vocations, charisms, and ministries in the Church and integrates the personal and institutional profile with the community aspect.