Alcoholism and marital consent.
Creators: name: Morris, Patrick S.
Publisher: name: Université d'Ottawa / University of Ottawa
Year: 1999
Subjects: subject: Law.

description: In his allocutions, Pope John Paul II repeatedly recommends that behavioural sciences information be utilized in the adjudication of marriage cases. A comprehensive understand of the impact of any disorder on the individual's capacity to exchange valid consent becomes possible through the integration of psychiatric/psychological data with jurisprudence. This study integrates clinical data provided by the behavioural sciences on alcoholism with jurisprudence. Both the behavioural sciences and jurisprudence insist on an alertness to individual differences. For some individuals, alcoholism involves a progression from use to abuse to dependence (psychological and/or physical). Progression, however, is not inevitable in all cases. Alcohol abuse, for example, as opposed to acute intoxication and dependence can more seriously interfere with internal freedom in some as compared with others. On the other hand, the situation may become more definitive when it is a question of physical dependence, tolerance and withdrawal symptoms. Under these conditions the probability is greater that there is Central Nervous System involvement and/or damage. When there is Central Nervous System damage, cognitive, affective and motivational functioning involved in the performance of human acts are likely to be impaired. The question is: did this particular individual have the capacity to understand and fulfill marital obligations. Both the spouse and the children have a right to an emotionally present and interpersonally capable person Jurisprudence respects individual differences and protects the person's right to a valid marriage when it affirms that the impact of alcoholism is mom significant than the disorder itself. The impact of alcoholism can be measured through its interference with cognitive, affective and motivational functioning. When these functions are seriously impaired through alcoholism (acute intoxication, abuse, dependence), there is a high probability that adjudication will result in an affirmative decision. Rotal sentences demonstrate how behavioural science information can be integrated with jurisprudential principles. Some Rotal auditors suggest that c. 1095, 1° may be the more appropriate ground for cases involving acute alcoholism. For several years, Rotal jurisprudence has investigated chronic alcoholism under lack of discretionary judgement. Incapacity to assume has been used since 1986 with increased frequency. Although there we no known cases in Rotal jurisprudence where an affirmation decision is grounded solely in alcohol abuse, such cases could be accurately investigated on the basis of c. 1095, 3°. It is also possible to consider the adjudication of cases involving alcoholism on grounds other than c. 1095. Because dishonesty, denial and rationalisation are behaviours frequently associated with alcoholism and are reflective of the individual's level of interpersonal integration, cc. 1097, 1098 and 1102 may have particular relevance either as primary or as subordinated grounds. Therefore, a comprehensive approach to a case may include not only the grounds mentioned in c. 1095 but also other grounds. A comprehensive approach to a case may also require the imposition of a vetitum, the appointment of an advocate, procurator and curator, and the provision of pastoral care by tribunal personnel mid other ministers.