www.cormacburke.or.ke

[What follows could be considered a typical example of an inconclusive dialog; yet it may be of interest to some readers]

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From: ***. To: cburke@strathmore.ac.ke

Subject: Exclusion of indissolubility of marriage

19 June 2008

Dear Msgr. Burke,

I am writing to request your comments regarding the exclusion of indissolubility of marriage.

I am an atheist (baptized in the Roman Catholic Church) involved in a somewhat complicated relationship with a devout Roman Catholic woman. We have known each other for 15 years and would like to be together, however she insists on a Catholic marriage. Of course I could simply find a priest who will not ask me any uncomfortable questions or pretend that I have not stopped believing; however, I have decided to take the matter seriously and investigate whether I am actually able to contract a valid Catholic marriage.

Dans cet article, l’auteur, ancien auditeur à la Rote romaine, réfléchit sur les aspects innovateurs et audacieux du Code de 1983 et plus spécialement en ce qui concerne la jurisprudence en matière de consentement matrimonial. L’auteur offre quelques brefs commentaires sur le canon 1095 pour lequel il croit que le canon résulte largement du développement logique de la jurisprudence rotale des années 50, 60 et 70. Ce dernier canon prend les existants motifs de démence (amentia) et autres troubles psychiques sérieux et les incopore dans une définition plus large d’incapacité juridique due à une grave deficience psychique.

            The Second Vatican Council was aimed at formulating principles for the renewal of ecclesial life in all its aspects. More than thirty years later, varying evaluations of the results are made. Some persons, perhaps feeling that renewal was a dangerous idea in itself, hold that in any case it went off the tracks from the start. Others think that it ran into too much entrenched opposition from conservative forces, and is now largely dead-ended, an ideal or a dream they no longer really believe in. For others again, it remains a program of hope, which is still being attempted or needs to be attempted. Pope John Paul II is evidently one of these; he is a firm believer in renewal and, as I see his ministry, it is being constantly spent in seeking to bring it about.

(Opening address to the Canadian Canon Law Society Convention, St. John's, Newfoundland, October, 1997)

            If I am glad to have been invited to speak on a topic other than canon 1095, the reason is certainly not any feeling that the last word has been said on consensual incapacity. It is simply because of a personal conviction that there are more null marriages today through simulation of consent, than through incapacity for it.