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237/a Lack of discretion of judgment because of schizophrenia: doctrine and recent rotal jurisprudence

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Burke Raymond L.    

 “Analecta Gregoriana” 237/A

1986, pp. 256



Pope Paul VI in his address of February 12, 1968, to the Roman Rota made special reference to the contribution to be made to the renewal of the Code of Canon Law by the Rota’s decisions. Speaking of decisions, he stated: By means of these the results successfully obtained by the most recent development to the civil law of the nations, as well as the data acquired by the science of medicine and of psychiatry, will filter into the new Code. One contribution, evident already at the time of the late Holy Father’s address, was the application of the lasted findings in psychiatry to the understanding of marriage consent. Eventually, it would result in the addition of a new canon to the Code. Already by 1968 many studies, including several doctoral dissertations, had been written on the integration of new psychiatric knowledge and the Church’s teaching on marriage consent in Rotal jurisprudence. Discussion and debate about the Rota’s treatment of the effect of psychopathology on marriage consent continues to the present. The literature in the area is ample. Pope Paul VI concluded his remarks on the contribution of Rotal jurisprudence to the renewed Code: The profoundly human sense which inspires your Sentences will help to illuminate the mystery of man and of today’s Christian, he, that is, who will be the recipient of the renewed Code, he to whom the new legislation will have to offer a clear plan and a sound help for living courageously the Gospel truths and his own vocation in the Church of Christ.




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