Administrative Procedures in Canonical Marriage Cases: History, Legislation, and Praxis by Piero Amenta (review)

Reviewed by: Administrative Procedures in Canonical Marriage Cases: History, Legislation, and Praxis by Piero Amenta Patrick R. Lagges Administrative Procedures in Canonical Marriage Cases: History, Legislation, and Praxis, by Piero Amenta. Translated from the Italian by Marcus Francis and Christopher Hancock. Montréal: Wilson & Lafleur, 2011. Pp. xxiii-258. While the definitive work for processing marriage cases in an administrative manner remains that of W. WOESTMAN (now WOESTMAN AND KOWAL, Special Marriage Cases and Procedures, Ratified and Non-Consummated Marriage, Pauline Privilege Favour of the Faith, Separation of Spouses, Validation, Presumed Death, fourth revised updated edition, with appendices, Faculty of Canon Law, Saint Paul University, Ottawa, 2008, xii, 355 p.), this current volume should help dispel any qualms that tribunals might have in handling cases in a non-judicial manner. It is an excellent companion to the Woestman [End Page 676] and Kowal book. Since the author has worked in the Congregation for Divine Worship and the Discipline of the Sacraments, he is able to give an insiders' view of how the dicastery handles these cases and the problems that it has encountered in their instruction. The author has done a great service to the Church in preparing this publication. Of particular value is the first part of the book, which gives a rather substantial history of Church teaching on the indissolubility of the bond of marriage. For those who may be teaching canon law in seminaries, or in deacon or lay ministry formation programs, the author gives a brief overview (approximately 60 pages) of biblical and patristic evidence, the medieval Summae, the Paris and Bologna debates, the consensualist doctrine of Raymond of Peñafort, the thought of Thomas Aquinas and Bonaventure, the teaching of the Council of Trent and of the period between Trent and Vatican II, and the theological and canonical foundations of the ministerial power of the Roman Pontiff. The author's comments on the vicarious power of the Roman Pontiff and the possibility of that power being delegated is particularly interesting. Part Two deals with the current legislation in force concerning the dissolution of the bond in favorem fidei and super rato, as well as the practice of the Roman Curia in handling these cases. The author makes useful distinctions in discussing each of these processes and gives substantive background for each of them. Most helpful are his descriptions of cases that have been handled by the dicasteries of the Roman Curia, since they allow tribunal practitioners to avoid certain pitfalls in preparing cases. It should be pointed out, however, that his suggestions deal almost exclusively with the substantive parts of the case. For the technical preparation of a case, practitioners would have to consult Woestman and Kowal (for example, the need for typed copies, accurate pagination, an index, the number of copies to be submitted, etc.). Part Three is the shortest section (26 pages), dealing with cases of separation of the spouses while the bond remains and the presumed death of a spouse. His examples of presumed death of a spouse, however, seem to be situations which will seldom be encountered. More practical would have been mention of the possibility of such cases in the collapse of the Twin Towers in 2001 or certain natural disasters. These phenomenon open up far more possibilities for tribunals today than the examples mentioned. What is most helpful in this volume is the author's constant reminder that the papal dissolution of marriage is a grace and is not a right. Keeping [End Page 677] this is mind gives those preparing such cases a certain orientation on approaching the Holy See. Also helpful is his explanation of the difference between how something is proven in an administrative process versus how something is proven in a judicial process, with the administrative process being far more adaptable to the individual exigencies of each case. With many tribunals reluctant to approach the Holy See with administrative cases, this publication goes a long way in dispelling any fears or anxieties. Along with the Woestman and Kowal volume, it will be an extremely useful tool in preparing such cases and can calm the fears of those who are reluctant to submit cases to the...

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