Lack Of Internal Freedom On Matrimonial Consent An Analysis Of Rotal Jurisprudence And American Decisions
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Lack of Internal Freedom on Matrimonial Consent: An Analysis of Rotal Jurisprudence and American Decisions by Jaimes Ponce, JCD Pdf
A critical analysis of Rotal jurisprudence and sentences rendered by American Ecclesiastical Tribunals on lack of internal freedom on matrimonial consent. It discusses the similarities and differences between these two Ecclesiastical courts and reviews some of the defficiencies prevalent in some American Ecclesiastical tribunals regarding their process for granting declarations of nullity.
Lack of Internal Freedom on Matrimonial Consent by Jaimes Ponce Pdf
Father Jaimes Ponce obtained his doctorate in Canon Law from the Pontifical University of the Holy Cross in Rome. This work is his doctoral dissertation and is a critical analysis of the jurisprudence of the Tribunal of the Roman Rota and sentences rendered by American Ecclesiastical Tribunals on lack of internal freedom on matrimonial consent. Fr. Ponce discusses the similarities and differences between these two Ecclesiastical courts and reviews some of the deficiencies prevalent in some American Ecclesiastical tribunals regarding their process for granting declarations of nullity.
Many marriages are “ended” by separation or divorce, but for the baptized Christian they remain valid marriages forever. There are, however, cases in which a Christian marriage can be recognized as null, i.e. it never existed. This book, written by a specialist with a gift for clarity on a complicated, sensitive issue, is a guide for a first approach to the problems related to the conditions for eventually declaring the nullity of a canonical Christian marriage. This work is an indispensable aid for the pastors of souls, for Catholic counselors, and can be very useful also for anyone who has serious questions about the validity of his own marriage. The primary purpose of this work is to provide clear, well-founded information in sufficient quantity to parish priests and to all who will act as counselors in these matters, either in formally organized parochial counseling services, or in other possible forms of collaboration with the parish priest, or else in the ecclesiastical tribunals themselves as a step previous to the possible introduction of the case. Among the areas he covers are: Violation of the freedom of consent; Error about a person; Exclusion of offspring; Exclusion of fidelity; Incapacity to consent; Incapacity to assume the essential obligations of marriage; Conditional consent.
Author : Catholic Church. Pope,William H. Woestman Publisher : Faculty of Canon Law Saint Paul University Page : 330 pages File Size : 40,5 Mb Release : 2011 Category : Canon law ISBN : 0981061613
Protecting the right to freedom of expression under the European Convention on Human Rights by Bychawska-Siniarska, Dominika Pdf
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
Author : Joseph Valentine Sangmeister Publisher : Catholic University of America Press Page : 242 pages File Size : 53,7 Mb Release : 1932 Category : Law ISBN : UOM:39015033864151
Force and Fear as Precluding Matrimonial Consent by Joseph Valentine Sangmeister Pdf
CUA Press is proud to announce the CUA Studies in Canon Law. In conjunction with the School of Canon Law of the Catholic University of America, we are making available, both digitally and in print, more than 400 canon law dissertations from the 1920s - 1960s, many of which have long been unavailable. These volumes are rich in historical content, yet remain relevant to canon lawyers today. Topics covered include such issues as abortion, excommunication, and infertility. Several studies are devoted to marriage and the annulment process; the acquiring and disposal of church property, including the union of parishes; the role and function of priests, vicars general, bishops, and cardinals; and juridical procedures within the church. For those who seek to understand current ecclesial practices in light of established canon law, these books will be an invaluable resource.
Consensual Incapacity to Marry by Catherine Godfrey-Howell Pdf
Marriage will always be a subject of law and of great interest to both legal scholars and sociologists alike because the anthropology that support marriage perceives justice to be a particular reality. With respect to realization of justice in marriage, the Catholic intellectual tradition has identified a legal category that does not exist anywhere else--namely, the consensual incapacity to marry. the Code of Canon Law promulgated in 1983 contains a juridical innovation (canon 1095), but this has not yet been fully digested by American canonists. Furthermore, its application reveals a vast disconnect with historical exegesis. In the last fifty years, 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--in other words, the application of law in the Catholic Church moves forward without a clear indication of its anthropological basis. Canon law, then, must either be oppressive or absolutely meaningless. There is one canon in particular that in its formula of consensual incapacity to marry is the center of the attempt to define and resolve this question: canon 1095. As of this moment, however, there is no comprehensive treatment of this canon in its current usage and how it developed into positive law after hundreds of years of implicit reference to the grounds for marriage nullity that it now indicates. professors of canon law, members of the Roman Curia and judicial bodies acknowledge that more than a general response to this crisis of law and marriage what might be needed most is a revision of this single canon. they furthermore acknowledge that American canonical practice is perhaps the most influential in the world. A profile of this canon in American jurisprudence is fundamental and demanded presently. There are over one hundred tribunals of varying functions, over two hundred seminaries and more than five thousand seminarians (each year), seventy million Catholics and tens of millions of these Catholics call their vocation marriage. The question of marriage validity is eternal--both with respect to its relation to an historical past as well as individual present day unions. the readership is vast and this book will be included in syllabi in seminaries, Catholic universities and other faculties of sociology, religion and law. It will be a reference guide in tribunals and studied in the course of legislative reform, but it will also be accessible to both scholars and laypersons. the question of consensual incapacity is asked tens of thousands of times each year anew and there is not yet a definitive study that provides answers and guidance for further development of this notion. Another example of the longevity of this work: the manual it will effectively replace was in print for twenty years with five editions (L. Wrenn, 1970, CuA).
The best country-by-country assessment of human rights. The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. Reflecting extensive investigative work undertaken by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.
How Marriage Became One of the Sacraments by Philip L. Reynolds Pdf
An indispensable guide to how marriage acquired the status of a sacrament. This book analyzes in detail how medieval theologians explained the place of matrimony in the church and her law, and how the bitter debates of the sixteenth century elevated the doctrine to a dogma of the Catholic faith.
Legal Foundations of Capitalism by John Rogers Commons Pdf
One of his most important American studies of labor economics published in the twentieth century, this book outlines an evolutionary and behavioral theory of value based on data drawn from court decisions. Analyzing the meaning of reasonable value as defined by the courts, he finds that the answer is based on a notion of reasonable conduct. Expanding this point to encompass the habits and customs of social life, he shows that court decisions are based on customs that are powerful forces shaping the economic system. In an early review Wesley Mitchell declared that Commons [1862-1945] carried this "analysis further along his chosen line than any of his predecessors. Into our knowledge of capitalism he has incorporated a great body of new materials which no one else has used adequately.": American Economic Review, XIV (1924) 253.
People often follow intuitive principles of decision making, ranging from group loyalty to the belief that nature is benign. But instead of using these principles as rules of thumb, we often treat them as absolutes and ignore the consequences of following them blindly. In Judgment Misguided, Jonathan Baron explores our well-meant and deeply felt personal intuitions about what is right and wrong, and how they affect the public domain. Baron argues that when these intuitions are valued in their own right, rather than as a means to another end, they often prevent us from achieving the results we want. Focusing on cases where our intuitive principles take over public decision making, the book examines some of our most common intuitions and the ways they can be misused. According to Baron, we can avoid these problems by paying more attention to the effects of our decisions. Written in a accessible style, the book is filled with compelling case studies, such as abortion, nuclear power, immigration, and the decline of the Atlantic fishery, among others, which illustrate a range of intuitions and how they impede the public's best interests. Judgment Misguided will be important reading for those involved in public decision making, and researchers and students in psychology and the social sciences, as well as everyone looking for insight into the decisions that affect us all.
