Acknowledgments | p. xiii |
General Introduction Bibliography | p. xv |
Up to the Eve of the Second Vatican Council | |
The Roman Empire | p. 3 |
Consent Makes Marriage | |
The Church's Use of the Roman Understanding that Consent Makes Marriage | p. 11 |
Saint Augustine | p. 19 |
The Centrality of Love | |
The Indissolubility of Marriage in the Christian Roman Empire | p. 27 |
The Ancient Germanic Tradition | p. 33 |
Consent Makes Marriage but Needs Proof | |
Archbishop Hincmar of Rheims | p. 43 |
His Unsupported Emphasis on Consummation | |
Twelfth-Century France | p. 55 |
Marriage is Centered on Love and Created by Consent | |
Three Thinkers Who Promoted the Role of Consent | p. 55 |
Ivo of Chartres–Restricting Divorce and Remarriage While Supporting Love and Consent | p. 56 |
Hugh of Saint Vitor–Consent and Consummation are Important, but Only Consent is Necessary | p. 64 |
Peter Lombard–The Pinnacle of the Consensual View of Marriage | p. 75 |
The Combined Challenge to the Legacy of Hincmar of Rheims | p. 80 |
Gratian | p. 81 |
Gratian and His Decretum | p. 81 |
Gratian Introduces Consummation into the Consensual View of Marriage | p. 84 |
Consequences of Gratian's Theory–Pertaining to Spouses Entering Religious Life, Clandestine Marriages, and Impotence | p. 94 |
Gratian and Marriages between Unbaptized Spouses (the Pauline Privilege) | p. 99 |
The Revolution Caused by Gratian | p. 103 |
Gratian Influences the Universities and the Church | p. 105 |
Collections of Law after Gratian | p. 105 |
Gratian's Influence on the Church through Pope Alexander III | p. 107 |
Huguccio—An Authoritative Gratian Scholar | p. 119 |
Pope Innocent III–Uniformity of Church Practice Based on Gratian | p. 124 |
Gratian's Legacy | p. 128 |
The Sixteenth Century—A Time of New Challenges for the Church | p. 131 |
The Council of Trent and Marriage | p. 131 |
The Council of Trent and How Consent is to be Exchanged | p. 137 |
Sixteenth-Century Extensions to Gratian's Pauline Privilege | p. 147 |
The End of the Sixteenth Century | p. 156 |
The 1917 Code of Canon Law—The Need for One Comprehensive Book of Laws | p. 159 |
The 1917 Code's Purpose and Layout | p. 159 |
The Nature of Marriage According to the 1917 Code | p. 162 |
Marriage Preparation and Impediments, Especially Impotence | p. 168 |
Matrimonial Consent | p. 174 |
The Prescribed Form of Marriage | p. 182 |
The Effects of Marriage | p. 183 |
The Dissolution of Marriage | p. 185 |
Convalidations and Second Marriages | p. 190 |
Consequences of the 1917 Code— Greater Emphasis on the Sexual Dimension at the Expense of Love | p. 191 |
Between the 1917 Code and the Second Vatican Council—A Period of Dispute | p. 199 |
Pope Pius XI and How Love Must Pervade Marriage | p. 199 |
Heribert Doms and His Emphasis on Love | p. 205 |
The Official Condemnation of Doms's Emphasis | p. 210 |
Conclusion to Part One | p. 215 |
The Second Vatican Council and Current Marriage Law | |
Introduction to Part Two | p. 221 |
The Second Vatican Council and Marriage | p. 227 |
Attempts to Draft a Document on Marriage | p. 227 |
‘Sacrosanctum Concilium’ | p. 236 |
Lumen Gentium | p. 239 |
Orientalium Ecclesiarum and ‘Unitatis Redintegratio’ | p. 242 |
Christus Dominus | p. 245 |
Gravissimum Educationis | p. 247 |
Apostolicam Actuositatem | p. 249 |
A Brief History of the Drafting of ‘Gaudium et Spes’ | p. 251 |
Marriage in Gaudium et Spes | p. 268 |
A Summary of the Second Vatican Council and Marriage | p. 281 |
Description of the 1983 Code of Canon Law | p. 285 |
The Drafting of the Code | p. 285 |
Those Bound by the Code | p. 288 |
The Structure of the Code | p. 290 |
The Nature of Marriage | p. 295 |
Consent Brings a Marriage into Existence | p. 307 |
Non-Consummated Marriages, Consummated Marriages, and the Act of Consummation | p. 311 |
The Dissolution of Non-Consummated Marriages | p. 321 |
Pastoral Care and Marriage Preparation | p. 331 |
The Impediment of Impotence | p. 335 |
The Present Law on Impotence | p. 335 |
Possible Developments of the Law on Impotence | p. 349 |
Requirements for Matrimonial Consent: Mental Faculty, Knowledge, and Genuineness | p. 357 |
The Mental Faculty Required for Valid Consent | p. 359 |
The Present Law Concerning the Required Mental Faculty | p. 359 |
Comparisons Made between Psychological Incapacity and Impotence | p. 364 |
Applying the Present Law Concerning the Mental Faculty to Consummation | p. 370 |
The Knowledge Required for Valid Consent | p. 377 |
The Required Genuineness of Consent | p. 385 |
The Exclusion of Marriage or an Essential Element or Essential Property | p. 385 |
Marriage Celebrated Subject to a Condition | p. 398 |
Marriage Entered Because of Force or Grave Fear | p. 402 |
The Prescribed Ceremony by Which Consent is Given | p. 405 |
The Form of Marriage | p. 405 |
Mixed Marriages and Marriages Celebrated Secretly | p. 409 |
The Effects of Marriage | p. 413 |
The Dissolution of Non-Sacramental Marriages | p. 417 |
Introduction | p. 417 |
The Pauline Privilege | p. 419 |
Extensions to the Pauline Privilege | p. 423 |
Dissolution in Favor of the Faith | p. 426 |
The Validation of Marriage | p. 431 |
General Conclusion | p. 433 |
The Primary Sources and Historical Development | p. 433 |
An Evaluation of the Present Law of Marriage | p. 439 |
Vatican II and Marriage Law–Not a Revolution | p. 440 |
The Present Law's Faithfulness to Vatican II | p. 441 |
Differences between the Present Law and Vatican II | p. 446 |
Possible Developments of the Present Law of Marriage | p. 451 |
Finally | p. 454 |
Bibliography | p. 455 |
Index | p. 491 |
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