Reviewed by: The Indissolubility of Marriage and the Council of Trent by E. Christian Brugger Mark A. Gurtner E. Christian Brugger The Indissolubility of Marriage and the Council of Trent Washington, DC: The Catholic University of America Press, 2017 xvi + 296 pages. Hardbound. $69.95. At a time in the Church when a tumultuous discussion ensues concerning the nature of the marriage bond, especially as it relates to its perpetuity, E. Christian Brugger offers us a study of a similar [End Page 104] debate held centuries ago concerning the nature of the indissolubility of marriage. In the wake of the theological challenges of the Protestant reformers, the Council of Trent sought to respond, including to those challenges toward the unquestioned Catholic doctrine of the indissolubility of a consummated Christian marriage. As Brugger lays it out, the question really turns on the interpretation of the exception clause in the Gospel of Saint Matthew regarding adultery. Martin Luther firmly held that adultery allows a married person to divorce and remarry as "authorized" by the "exception clause" of Matthew 19. This is further expanded by Luther (and other Protestant reformers) into all other manner of "exceptions," such as refusal to engage in sexual relations, prolonged absences, enmity between the spouses, etc. Indeed, in a phrase that can be heard echoing even in some ecclesial voices today, Luther stated, "God will not demand the impossible because of the disobedience of the other." The thesis of this book is that, in response to these theological challenges to the doctrine of the indissolubility of marriage, the Council of Trent intended to teach that a consummated Christian marriage was absolutely indissoluble and that the council intended to teach this as an article which must be believed with divine and Catholic faith. The author proposes four objections most found in the literature, which necessitate a defense of this thesis. The objections are: first, Trent was mainly concerned with Luther's denial of papal prerogative and not with substantive issues concerning and raised by the nature of marriage; second, the bishops at Trent were doubtful as to whether absolute indissolubility was a truth of divine and Catholic faith and thus grounded their conclusions as a matter of ecclesial discipline and not as a theological belief; third, because certain Church Fathers seemed to believe that remarriage after adultery was not always excluded to the innocent party, the council feared that a direct anathematization of this proposition would subject these Fathers to condemnation; fourth, the bishops moderated their teaching because, although they wished to condemn the Protestant errors, they were aware that any anathema [End Page 105] directly condemning divorce and remarriage would fall too upon Greek Christians who had had the ancient practice of allowing it. In its twenty-fourth session in November 1563, Trent published twelve canons on marriage preceded by a doctrinal introduction; two bear directly on the indissolubility of marriage: canons 5 and 7. Canon 5 is a direct anathema on those who say that the marriage bond is dissolved because of "heresy, or irksome cohabitation, or the willful desertion of one of the spouses," but canon 7, instead of directly anathematizing those who say that adultery dissolves the bond of marriage, merely anathematizes those who say that the Church errs when she teaches that the bond of marriage is not dissolved on account of adultery. Brugger then offers a detailed, even pain-staking, analysis of the proceedings of the Council of Trent to counter the preceding arguments and to substantiate his thesis. For some, such a detailed recounting of council voting, interventions, etc. over the course of the several sessions of the council might be difficult ground to cover. However, in such an analysis, Brugger has offered not only a well-argued proof for his thesis, but also an interesting historical picture of the proceedings of the council as it relates to this topic. By progressing through these details, one finds oneself transported back in time, into the narrative of the council, as its proceedings come to life in Brugger's discussion. In the end, the evidence expounded upon by Brugger reveals a council that was nearly unanimous in its defense of the absolute indissolubility of...
Prior to 1994, South African taxpayers had little protection from fiscal legislation or the \ndecisions, actions or conduct of the South African Revenue Service (âSARSâ) that violated \ntheir common law rights. Parliament reigned supreme and in tax matters, the strict and literal \napproach to the interpretation of statutes was employed, with the judiciary often quoting the \nmantra that there is âno equity about taxâ. The Income Tax Act (Act No 58 of 1962) was \nlittered with discriminatory and unfair provisions based on age, religion, sex and marital \nstatus. Even unreasonable decisions taken by SARS could not be reviewed by the judiciary as \nâunreasonablenessâ was not a ground for review of the exercise of a discretion by SARS. On \n27 April 1994, the constitutional order changed. Parliamentary supremacy was replaced with \nconstitutional supremacy and the rights to privacy, equality, human dignity, property and just \nadministrative action were codified in a Bill of Rights. The codification of these fundamental \nrights has materially changed the nature and extent of the rights of South African taxpayers. \nThe objective of this thesis, therefore, is to identify, analyse and discuss South African \ntaxpayersâ rights from a constitutional perspective. \nThe following major conclusions can be drawn from the research done: \n \n- the judiciary have been forced to reappraise their approach to the interpretation of statutes \nfrom a âstrict and literalâ to a âpurposiveâ approach that is in accordance with the values \nunderpinning the new constitutional order; \n- new legislation has amended some of the so-called âreverseâ onus of proof provisions that \nwere constitutionally unsound â this should result in greater fairness and consistency for \naffected taxpayers especially in the area of when penalties may be imposed; \n- the concept of clean hands and good facts can influence the judiciary when arguing that a \ntaxpayerâs right to just administrative action has been violated; and \n- discriminatory and unfair legislation and conduct on the part of SARS may and should be \nattacked on a substantive law basis, especially where human dignity is at stake. \n \nThe overall conclusion is that taxpayersâ rights are more far-reaching than prior to 1994 but \nstill have some way to go before they are fully interpreted and developed.
The Congregation of the Blessed Virgin Mary (CBVM), a Catholic order founded in the early 1800s, was faced with a series of strategic concerns, including an aging clerical population, a changing laity, reduced finances, very limited vocations, and an evolving mission. Some of these concerns faced the Catholic Church in America as a whole (including sexual abuse, not discussed in this case) and several of these issues were also facing the Catholic Church worldwide. The serious matters facing them were threatening the continued viability of the order in America, and the guidance they were receiving from Rome - instruction to decide which of three suggested models for restructuring they would adopt - seemed to back them into a corner, requiring selection from among several strategies not devised by their membership and commitment to the selected strategy going forward. Change was necessary, but one of the major concerns of the order was that it remain consistent with its stated mission while adapting to a new environment and âoperating system.â Their decisions were driven by Rome, but the decisions were not made by Rome; the CBVM was as autonomous in its decision-making as any decentralized international organization.
Among the heresies attribured to Jan Hus, which were solemnly read in the Cathedral of Constance on the 6th July 1415, before being condemned to the stake, there was a most serious trinitarian-christologie error ascribed to him by a nameless soctor in theologia (probatur per unum doctorem in theologia, said the official reader). On hearing being attributed to him such error, about which no question had been raised during the trial, Hua demanded with an angry voice: Nominetur doctor, but his request was not granted, and consequently the doctor ille remained in perfect anonymity (I). In the present study, the author proposes the identification of the doctor ille with a Spanish franciscan friar and master in theology, Diego Moxena, on the grounds of three types of proofs: firstly, on the 28th November 1414, inmediately after the imprisonment of Hus, Diego, being entrusted by the cardinals of the council with the task of probing the opinion of the accused, presented himself in the prison as a simple friar without declaring his proper identity and, among other thing, inquired of Hus what he thought about the Trinity and the Incarnation (II); secondly, on the 27th March 1415, the King og Aragon Ferdinand I, instigated by Diego, his orator at Constance, weote a very strong letter to King Sigismund, lord of the councel, asking him insistently to grant permission, notwithstanding the safe-conduct already given by him, that Hus be immediately condemned because he was defending horrible heresies: however, the only one of which explicit mention is made is precisely the trinitarian-christologic heresy (III); thirdly, the same error is attributed to Hus and attacked in four cantilenae or anonymous Latin rythms, which can be demonstrated as having been composed by the same Diego at Constance (IV). In an Appendix are published the four cantilenae.
672 BOOK REVIEWS not with the evil that fear has to do with, but rather with " the eminence of the divine good, by whose power some evil can be inflicted." And in the ad 2 St. Thomas quickly tosses aside the objection, as not being about the gift of foar at all, because that objection had to do with the sort of fear which has evil for its object. Plainly, the position now is that the gift of fear does not have any sort of evil for its object. That is not the position either of the De spe or the ST 2-2 (and seems at odds also with ST 2-2.19.9. ad 2 and ad 3) . And if reverence, an act of the gift of fear, is a form of fear, what has become of the position that the objectof fear is evil? All I mean to argue here is that Guindon should have presented a full-dress discussion of this issue, not the few remarks such as he gives at pp. 77-79 and 246-247. This is especially so in view of his own judgment concerning the importance of the doctrine at stake: thus, at p. 319, he can speak of St. Thomas's keen awareness of the ultimate foundation of fear, namely the finitude of the creature faced with the infinity of God. A much less serious point: Guindon's use of the expression "la pedagogic nouvelle" for the learning process proper to the New Law (cf. p. 139, p. 323, etc.). "Pedagogue" suggests the stern discipline proper to the Old Law (cf. p. 134). At p. 330 he speaks with more finesse, in my opinion, using "pedagogic" for the Old Law and "education" for the New. The book is well proof-read by today's standards, but on p. 359, the first mode of amor sui (wrongly numbered" 3 ") has a lacuna: this at an important moment of the discussion. The size of the numbers used to designate the notes is inconveniently small. College dominicain de philosophie et de theologie Ottawa, Ontario, Canada LAWRENCE DEWAN, 0. P. Theology in a New Key. By ROBERT McAFEE BROWN. Philadelphia: Westminster Press, 1978. Pp. 212. $6.95. This appealing book is an introduction to a body of literature, Latin American liberation theology, that is not well-known in the Englishspeaking world. Thanks to Orbis Books, founded by the Maryknoll Fathers, the principal books and documents of this theology are available in English. Still, since the method of this theology is of recent origin, and since its starting point is very disturbing to the industrialized countries of the West, it is not easy to understand what is being said by this theology. What is this disturbing starting point? According to the theology of liberation, the Gospel can be grasped only if we analyse the concrete form which BOOK REVIEWS 678 evil takes in our society and understand the Christian message as God's initiative summoning and directing us to overcome evil. According to the Latin American theologians, the dominant systemic evil in their society is the international capitalistic system that inflicts on this society economic and cultural dependency, pushes large sections of the population into destitution and early mortality, and creates in the middle classes a distorted perception of reality. Robert McAfee Brown, a well-known Protestant theologian, is famous for his ability to introduce a wide Christian audience to issues discussed in high theology. Brown writes about learned things in a simple and direct style and relates them to people's experiences. He knows where the mind and heart of the Protestant community are. For him, theology is never a conversation confined to academics: 1t must always involve the believing community. This is so because Christian truth is propter salutem. The conversation with the local congregation protects the theologian from losing the thread. The book under review is a brilliant application of this method to an explosive topic. Can one kee'P a congregation in their seats while explaining to them that capitalism may have a distorting effect on the perception of God and divine salvation? Brown does it. Brown offers us a propaedeutic of...
140Franciscan Studies The moral obUgation of voting, expounded principally in the Ught of certain papal and episcopal documents, is the subject of Fr. Cranny's doctoral dissertation. After a brief discussion of the concept and nature of voting, the author devotes the bulk of his material to the principles governing the obUgation of voting; the dissertation ends with a chapter on particular duties that foUow the duty of voting. In the opinion of the reviewer, the nature of the right to vote has received a far too meager and inadequate discussion. Moreover the title is somewhat misleading: its connotation is wider than the intent of the proofs contained in the mass of material assembled together. The papal and episcopal pronouncements cited by the author deal with the obligation of Catholic to vote, particularly in circumstances where the CathoUc religion, the Church and its institutions are at stake. In the main the work is a restatement of opinions current among theologians; nevertheless it is a timely topic designed to awaken the CathoUc to his civic responsibilities. The other volume under consideration is a collection of seven compact lectures deUvered by specialists in the field of American and reUgious thought at the Twelfth Annual Round Table Conferences sponsored by the School of Law at the CathoUc University of America. They present a dispassionate appeal to the lawyers and law students to follow the tradition of our former great statesmen who, because they nourished themselves with daily reading of the Scriptures, adhered to commonly held reUgious and moral convictions beyond the scope of positive civil law. In view of the muddled and false concepts on the part of a great many jurists of our generation, regarding Church-State relationship as envisioned in the opening paragraphs of the Declaration of Independence, these essays provide a concise and interesting appUcation of basic truths to the problems of today, especially for lawyers and law students, both CathoUc and nonCatholic . At the same time they point out the task incumbent upon them : to uphold and defend the reUgious inheritance of our nation's statesmen and jurists of past days. There can be no doubt that only in proportion as the lawyer looks beyond the Law, as he participates in Christ's thinking wiU he fuUy grasp the significance of the basic principles set forth in the American Magna Charta of independence. The book is a remarkable symposium, one that should occupy a prominent place on the law student's shelf. It is indeed a noble chaUengeto thejurists of today to look beyond the Law. Addresses and Sermons (1942â1951). By the Most Reverend Amleto Giovanni Cicognani, ApostoUc Delegate to the Unites States. (St. Anthony Guild Press: Paterson, N. J., 1952. Pp. XIIIâ482. $ 3,50.) There are few Uving persons who have as thorough understanding and deep knowledge of the CathoUc Church in the United States â its history, traditions, institutions and social enviroments which affect the growth and expansion of Catholic life in this country â as His ExceUency the Most Book Reviews141 Reverend Amleto Giovanni Cicognani, ApostoUc Delegate to the United States. Serving in this capacity for the past two decades he has the unequaled opportunity to witness at first hand the reUgious, social, cultural and economic position of the CathoUc Church at all its levels. He has played a prominent role in the inauguration of new dioceses, in the formation of new ecclesiastical provinces, in the consecration and installation of new bishops, in the dedication of new churches, schools and institutions of higher learning. At these and other similar events and gatherings of bishops, priests and laity he has been caUed upon to speak in his official capacity as a representative of our Holy Father. Speaking with the authority invested in him. His ExceUency has avaĂŒed himself of these multiple occasions not only to convey greetings and feUcitations of the Holy Father, and bestow apostoUc blessing on various Catholic enterprises, but chiefly to inculcate, expound and apply CathoUc teaching to significant events and problems of our day. The distinguished prelate's Adresses and Sermons serve as a vehicle to present the CathoUc mind on such varied subjects as racial equaUty, social justice, miUtary service, reUgious...