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Books > Law > Other areas of law > Ecclesiastical (canon) law
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Consensual Incapacity to Marry (Hardcover)
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Consensual Incapacity to Marry (Hardcover)
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The anthropology that supports marriage perceives justice to be a
particular reality, and for this reason marriage will always be a
subject of law and of great interest to jurists and sociologists
alike. With respect to the realization of justice in marriage,
understood as the moment the bond is created, Catholic ecclesiology
and canon law articulate an original legal category--namely, the
consensual incapacity to marry. In the last fifty years, however,
and despite the juridical innovations provided by the current Code
of Canon Law promulgated in 1983, American canonical practice in
the sphere of marriage law has lost its foundation. The
consequences of this include mechanisms of judgment that are
rendered incoherent although not inactive, particularly in local
tribunals reviewing claims of marriage nullity. In other words, the
application of law in the Catholic Church moves forward without a
clear indication of its anthropological basis. Canon law, then, on
the issue of marriage is perceived to be purposefully oppressive or
absolutely meaningless. Jurists, scholars, and members of the Roman
Curia acknowledge that, more than a general response to this crisis
of law and marriage, what might be needed most is greater scrutiny
of the canon in which the formula for consensual incapacity
appears. It is furthermore acknowledged that American canonical
practice is perhaps the most influential in the world, and is
responsible for shaping and sustaining the global attention given
to this issue. To fully grasp the crisis and the best way forward,
a profile of this canon in American jurisprudence is fundamental
and demanded presently. The new course charted by canonical studies
and formation of jurists, as well as the new developments in
ecclesiastical legislation, will find guidance in this study
provided by Catherine Godfrey-Howell, and further insight in the
foreword given by the American Cardinal prelate and former Prefect
of the Apostolic Signatura, Raymond Leo Cardinal Burke.
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