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The Relationship Between a Theological Understanding Of Duquesne University Duquesne Scholarship Collection Electronic Theses and Dissertations Spring 2015 The Relationship between a Theological Understanding of Marital Commitment and a Juridical Articulation of Marital Consent in Sacramental Marriages in the United States Angela Robb Follow this and additional works at: https://dsc.duq.edu/etd Recommended Citation Robb, A. (2015). The Relationship between a Theological Understanding of Marital Commitment and a Juridical Articulation of Marital Consent in Sacramental Marriages in the United States (Doctoral dissertation, Duquesne University). Retrieved from https://dsc.duq.edu/etd/1112 This Immediate Access is brought to you for free and open access by Duquesne Scholarship Collection. It has been accepted for inclusion in Electronic Theses and Dissertations by an authorized administrator of Duquesne Scholarship Collection. For more information, please contact [email protected]. THE RELATIONSHIP BETWEEN A THEOLOGICAL UNDERSTANDING OF MARITAL COMMITMENT AND A JURIDICAL ARTICULATION OF MARITAL CONSENT IN SACRAMENTAL MARRIAGES IN THE UNITED STATES A Dissertation Submitted to the McAnulty College and Graduate School of Liberal Arts Duquesne University In partial fulfillment of the requirements for the degree of Doctor of Philosophy By Angela M. Robb May 2015 Copyright by Angela M. Robb 2015 THE RELATIONSHIP BETWEEN A THEOLOGICAL UNDERSTANDING OF MARITAL COMMITMENT AND A JURIDICAL ARTICULATION OF MARITAL CONSENT IN SACRAMENTAL MARRIAGES IN THE UNITED STATES By Angela M. Robb Approved December 1, 2014 ________________________________ ________________________________ George Worgul, Ph.D. Elochukwu Uzukwu, C.S.Sp., Th.D. Professor of Theology; University Associate Professor of Theology Coordinator of Academic Programs (Committee Member) With Africa (Committee Chair) ________________________________ Maureen O’Brien, Ph.D. Associate Professor of Theology (Committee Member) ________________________________ ________________________________ James Swindal, Ph.D. Maureen O’Brien, Ph.D. Dean, McAnulty College and Graduate Chair, Department of Theology School of Liberal Arts Associate Professor of Theology Professor of Philosophy iii ABSTRACT THE RELATIONSHIP BETWEEN A THEOLOGICAL UNDERSTANDING OF MARITAL COMMITMENT AND A JURIDICAL ARTICULATION OF MARITAL CONSENT IN SACRAMENTAL MARRIAGES IN THE UNITED STATES By Angela M. Robb May 2015 Dissertation supervised by George Worgul, Ph.D. Sacramental marriage is an essential social, public, ecclesial, and theological good, yet its influence in the United States is threatened by a divorce rate comparable to the U.S. population in general, an explosive increase in cohabitation, and a declining marriage rate. The underlying assumption of this dissertation is that commitment and consent, more thoroughly understood and consistently lived, are essential to lifelong, faithful, and life-giving marriage that symbolizes and makes present Christ’s indissoluble love for the church. Through an adapted use of Don Browning’s fundamental practical theological method, this study begins with practical concerns regarding concrete marital and family practices in the United States and ends with practical means and strategies related to the pastoral care of sacramental marriages and all those in the stages of marriage preparation, aftercare, and sadly, family fragmentation. Within this theological iv method, canon law is considered an ecclesial science distinct from theology yet organically united to it in the church. Relying primarily on Ladislas Örsy’s theory of the relationship between theology and canon law, I affirm that theology identifies, explains, and evaluates the values or goods of marriage through the movements of biblical, historical, systematic, and moral theology, whereas canon law produces norms, processes, and structures for the protection and promotion of those goods. In this view, theology judges canon law to determine the fittingness of canonical norms and structures for theological realities. Furthermore, canon law is a ministry that is both pastoral and juridical to ensure freedom and good order within the church. Canon law is part of the overall care of the faithful given that justice is the minimum demand of love. Consent creates marriage; therefore, an integral and in-depth understanding of consent in canon law in light of a theology of commitment is important in helping the church to appropriate the human and theological values of marriage. v DEDICATION To my husband, Michael, and our children, Emily, Caleb, Ian, and Macrina, who make present to me God’s unlimited love and mercy each day vi ACKNOWLEDGEMENT I wish to thank my director, Dr. George Worgul, for his patience with my progress, motivation in moving me forward, and insightful questioning of the text. Years after taking his course on the sacraments, I am able to have a greater appreciation of his teaching, not simply because of what I have learned since then, but because of what I have lived. In addition, I would like to express my gratitude to Dr. Maureen O’Brien for the many ways she has allowed me to move forward and given me guidance through the years. I greatly appreciate Dr. Elochukwu Uzukwu’s thoughtful reading of my dissertation and comments. I would like to acknowledge those teachers that have left their mark permanently on my theological thinking. Thanks to Fr. Michael Slusser, there is not a Trinity Sunday that goes by that I do not listen attentively to the homily and reflect on the practical relevance of the doctrine of the Trinity to our lives. Additionally, the christological and pneumatological insights of Dr. William Thompson-Uberuaga remain with me always. Finally, I would like to acknowledge Dr. James Hanigan for awakening my interest in canon law, but mostly for demonstrating what it means to be a teacher. vii TABLE OF CONTENTS Page Abstract .............................................................................................................................. iv Dedication .......................................................................................................................... vi Acknowledgement ............................................................................................................ vii CHAPTER ONE: THE CONTEXT FOR THE QUESTION .......................................1 1.1 Describing Marriage and Family Practices in the United States ...................................1 1.2 Underlying Principles of Operation ...............................................................................5 1.3 Focusing the Question through an Adapted Use of Fundamental Practical .................... Theological Method .....................................................................................................18 CHAPTER TWO: THE RELATIONSHIP BETWEEN THE ECCLESIAL ............... DISCIPLINES OF THEOLOGY AND CANON LAW ...............................................29 2.1 Theology and Canon Law as Ecclesial Disciplines .....................................................29 2.2 Theology: The Church Knowing ................................................................................32 2.3 Canon Law: The Church Acting .................................................................................34 2.4 Theology and Canon Law as Distinct and Organically United ...................................37 2.4.1 Theology and Canon Law in their Origins .........................................................37 2.4.2 Theology and Canon Law in their Content .........................................................41 2.4.3 Theology and Canon Law United in the Church ................................................44 2.5 Distinction or Dichotomy between Theology and Canon Law? ..................................48 2.5.1 Historical Development of the Discipline of Canon Law ...................................48 2.5.2 Limitations of Ladislas Örsy’s Theory and Catherine Clifford’s Contribution ..62 2.5.3 The Role of Conversion in Integrating the Ecclesial Disciplines .......................67 viii 2.6 Canon Law within a Fundamental Practical Theology ................................................68 2.6.1 Practice-Theory-Practice Structure of Theological Thinking .............................68 2.6.2 What is Law and What is Law for in the Church? ..............................................72 2.6.3 Values in Moral Theology and Canon Law ........................................................77 2.6.4 Canon Law as Ministry .......................................................................................81 CHAPTER THREE: MARRIAGE AS SACRAMENT ..............................................95 3.1 Symbolic Action ..........................................................................................................95 3.2 Biblical Foundations of Marriage as Sacrament ..........................................................98 3.2.1 Old Testament and Covenant ..............................................................................98 3.2.2 New Testament and Family ..............................................................................103 3.3 Historical Development of Marriage as Sacrament ...................................................113 3.3.1 Patristic Era .......................................................................................................113 3.3.2 Augustine ..........................................................................................................116 3.3.3 Middle Ages ......................................................................................................119
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