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The Theology of Marriage: Personalism, Doctrine and Canon Law
In The Theology of Marriage Cormac Burke has put together a collection of his most innovative theological theses and analyses, offering original insights and analyses that could help in resolving many current debates on the theology of marriage. At the same time his view goes beyond these debates. His writings are marked by an extremely positive view of sexuality and marriage. Ultimately he insists on the matrimonial vocation as a call to holiness; and delineates the particular graces married couples receive and the challenges they must face. A former civil lawyer, a teacher of moral theology, and a specialist in marriage, Burke found himself unexpectedly called in 1986 to be a judge of the Roman Rota, the High Court of the Church. He began his work there precisely at a moment when theologians and canonists alike found themselves grappling with interpreting and finding the practical application of new magisterial teachings on matrimony - teachings that seemed to some to represent an almost total rupture with tradition. Central and particularly controversial issues were the new definition of marriage itself and of its ends, the ""personalist"" way of expressing the nature of marital consent; and, not least, the concept of the bonum coniugum, ""the good of the spouse,"" as a co-principal end of marriage. Msgr. Burke, well attuned to John Paul II's personalist theology of marriage, sensed the need to seek the roots of these apparently new concepts in the Bible, in Tradition, and particularly in St. Augustine (in whom, despite many modern impressions to the contrary, he sees the first defender of the goodness of the marital covenant). The result over the past twenty five years has been an impressive body of work in theological as well as canonical reviews.
280 pages, Paperback
First published January 20, 2015
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About the author
Cormac Burke
16 books2 followersMsgr. Cormac Burke was born in Ireland and is a priest of the Prelature of Opus Dei. He has a half century of pastoral work in Ireland, the U.S., Spain, and Kenya, where he presently teaches at Strathmore University in Nairobi. He is the author of numerous books and many articles. His most recent book, also published, by Scepter, is Man and Values.
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Displaying 1 - 4 of 4 reviews
June 8, 2018
Mind-bogglingly amazing and completely convincing. Among many other interesting points, Burke provides the final word against viewing the sacrament of marriage primarily as a 'remedy for concupiscence'; a very thoughtful argument for canon law as the very opposite of pharisaical/legalist; and a solid critique of the Eastern Orthodox view of divorce and remarriage. I was actually the copy-editor for this book and I don't think I've ever been more engrossed by theological argumentation, I found myself having to stop thinking about the ideas so I could check for errors instead (a curious experience).
October 17, 2021
A well written, thoughtful analysis of the theology underpinning the Code of Canon Law’s model of marriage.
The range of topics is well selected. Beginning with Sacramentality and Faith, the author explains the difference between active and passive faith, and why that cannot be a criterion for a valid marriage. If people had to have an ‘active’ faith, which they took seriously, as opposed to passively going along with faith practices, what would count? Would it be possible to ever say that any marriage was valid?
Chapter 2 introduces the idea of marriage as a source of ongoing grace to the spouses. Surprisingly there has been a long running disagreement amongst Christians about this. 750 years ago Duns Scotus thought grace was conferred at the instant of marriage, whereas Thomas Aquinas thought that the ongoing marriage bond was the source of (continuous) grace. The author sides with Aquinas, as does the modern approach to marriage.
Chapters 3, 4, and 5 explore the shift in marital theology over the last fifty years. Traditional talk of specific primary and secondary ends of marriage, as well as distinct marital ‘goods,’ has given way to a more personalist approach to a ‘good of the spouses.’ Although this develop is in continuity with what preceded it, it also introduces some significantly new implications which the author explains. Rather than seeing a radical shift from an 'institutional' view of marriage to a 'personalist' model, the author argues convincingly that there are both 'institutional' and 'personalist' elements in the older view, and the newer view.
The last 3 chapters of the book focus mainly on the way historical influences from St Augustine and Thomas Aquinas have influenced the development of concepts. The issues are explained clearly and the use of historical sources is scholarly. It throughtfully includes original texts where appropriate, but always with translations of the Latin.
Up until around fifty years ago, much of the canonical discussion of marriage revolved around ‘strange cases.’ The author references one: the Jemolo case (p100). This is the odd scenario of someone who seems to marry validly, but yet does so with the explicit intention of causing as much pain as possible to his spouse. Clearly there is something badly wrong in such a scenario. On the older criteria canon lawyers struggled to explain what the defect in the marriage was, and how it could be invalid on the older criteria of marriage. On the modern criteria, the marriage is clearly invalid as there is deception. And there is also an ill will towards the very concept of the ‘good of the spouses’ in their marital bond.
There are many more of these ‘strange cases’ which canon lawyers used to discuss and argue over. It would have been interesting to see how, and why, the post-Vatican II approach to marriage can now solve some of those former (intractable) problems.
Altogether this is a good book. It deals with some complex issues, but it does so with a welcome (and rare) clarity and orderliness of thinking.
The range of topics is well selected. Beginning with Sacramentality and Faith, the author explains the difference between active and passive faith, and why that cannot be a criterion for a valid marriage. If people had to have an ‘active’ faith, which they took seriously, as opposed to passively going along with faith practices, what would count? Would it be possible to ever say that any marriage was valid?
Chapter 2 introduces the idea of marriage as a source of ongoing grace to the spouses. Surprisingly there has been a long running disagreement amongst Christians about this. 750 years ago Duns Scotus thought grace was conferred at the instant of marriage, whereas Thomas Aquinas thought that the ongoing marriage bond was the source of (continuous) grace. The author sides with Aquinas, as does the modern approach to marriage.
Chapters 3, 4, and 5 explore the shift in marital theology over the last fifty years. Traditional talk of specific primary and secondary ends of marriage, as well as distinct marital ‘goods,’ has given way to a more personalist approach to a ‘good of the spouses.’ Although this develop is in continuity with what preceded it, it also introduces some significantly new implications which the author explains. Rather than seeing a radical shift from an 'institutional' view of marriage to a 'personalist' model, the author argues convincingly that there are both 'institutional' and 'personalist' elements in the older view, and the newer view.
The last 3 chapters of the book focus mainly on the way historical influences from St Augustine and Thomas Aquinas have influenced the development of concepts. The issues are explained clearly and the use of historical sources is scholarly. It throughtfully includes original texts where appropriate, but always with translations of the Latin.
Up until around fifty years ago, much of the canonical discussion of marriage revolved around ‘strange cases.’ The author references one: the Jemolo case (p100). This is the odd scenario of someone who seems to marry validly, but yet does so with the explicit intention of causing as much pain as possible to his spouse. Clearly there is something badly wrong in such a scenario. On the older criteria canon lawyers struggled to explain what the defect in the marriage was, and how it could be invalid on the older criteria of marriage. On the modern criteria, the marriage is clearly invalid as there is deception. And there is also an ill will towards the very concept of the ‘good of the spouses’ in their marital bond.
There are many more of these ‘strange cases’ which canon lawyers used to discuss and argue over. It would have been interesting to see how, and why, the post-Vatican II approach to marriage can now solve some of those former (intractable) problems.
Altogether this is a good book. It deals with some complex issues, but it does so with a welcome (and rare) clarity and orderliness of thinking.
January 12, 2017
Burke's "The Theology of Marriage" provides valuable insights from both a canonical and theological perspective on marriage.
Of Special Note for the canonist are the following topics:
The Bonum Coniugum =/= the Augustinian Bona.
Exploration of the Bona
Material appropriate for law sections on the Bonum Coniugum, Bonum Prolis, Simulation, Inability to Assume the Essential Obligations, and consummation in humano modo (for Burke, it is not limited to the mere physicalities as put forward in past jurisprudence).
He also touches on why the Bona Sacramenti is a GOOD thing, not just a duty (this is an area in great need of reflection and study. Burke only provides an initial toe-hold, in my opinion. Much more needs to be done on the personalist perspective).
Of Special Note for the canonist are the following topics:
The Bonum Coniugum =/= the Augustinian Bona.
Exploration of the Bona
Material appropriate for law sections on the Bonum Coniugum, Bonum Prolis, Simulation, Inability to Assume the Essential Obligations, and consummation in humano modo (for Burke, it is not limited to the mere physicalities as put forward in past jurisprudence).
He also touches on why the Bona Sacramenti is a GOOD thing, not just a duty (this is an area in great need of reflection and study. Burke only provides an initial toe-hold, in my opinion. Much more needs to be done on the personalist perspective).
October 4, 2020
This is the best textbook available for a graduate level course on marriage.
Displaying 1 - 4 of 4 reviews