Original scientific paper

Matrimonial Consent and the Mental Life of the Person. A Psychological-Canonical Analysis of Matrimonial Consent

Slavko Zec ; Theology in Rijeka, Dislocated Studies of Catholic Faculty of Theology, University of Zagreb, Rijeka, Croatia

Abstract

»Matrimonial consent is an act of the will by which a man and a woman give and accept each other through an irrevocable covenant in order to establish marriage« (can. 1057, § 2). In the analysis of this canonical definition of matrimonial consent the author of this article reveals juridical and psychological elements. He draws attention towards the place and the role of love in psychological, juridical and spiritual dimension of persons who contract marriage. The author also points out the mental dimensions and structures which are involved in the formation and giving and accepting matrimonial consent. Since matrimonial consent is a decision of spouses to share »a partnership of the whole of life« (can. 1055, § 1), the author analyzes the psychological process of decision making. In the formation of matrimonial consent and in the marriage itself the difficulties of mental nature might appear in the form of minor psychopathology or as the consequence of inconsistencies on the subconscious level between the chosen value at a conscious level and its realization. It happens because the subconscious part of the »actual self« is principally in contradiction with the »ideal self«. In order to clarify these facts, the author explains three dimensions or states of mental life: rational or moral, subconscious dimension and the third one which involves normality versus psychopathology. Apart from triple dimensionality, there are also three levels of mental life: psycho-physiological, psycho-sociological and spiritual or rational. As an act of will and decision, matrimonial consent is directly related to freedom and responsibility, and because of that it is necessary to notice the difference between the essential and effective freedom. Implementing the psychological findings on canonical matrimonial consent, the author evaluates the validity of matrimonial consent taking into account triple dimensionality of mental life, particularly analyzing the influence of second dimension at a subconscious level in regard to consent. In order to judge correctly the defect of matrimonial consent because of mental illness, there is a need for correct cooperation of canon law with the sciences which deal specifically with that area of life (i.e. psychology and psychiatry). In correlation of these sciences it is required to take into consideration the concepts of normality and psychopathology, as well as the concepts of maturity and immaturity in the light of the integral Christian anthropology. In Jurisprudence this cooperation is manifested in the correct relationship between ecclesiastical judges and experts in the psychological investigation, which involves the indispensable respect for their specific role and competence in the canonical process for the declaration of nullity of a marriage due to mental incapacity.

Keywords

matrimonial consent; intellect; will; decision; freedom; responsibility; mental life; sub-consciousness; psychopathology; integral Christian anthropology

Hrčak ID:

30911

URI

https://hrcak.srce.hr/30911

Publication date:

13.11.2008.

Article data in other languages: croatian

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