What Brings a Marriage into Existence?: An Historical Re-examination of the Canon Law of the Latin Church

Matrimony is one of the seven sacraments of the Roman Catholic Church. Since the Church does not allow divorce, matrimony questions and cases, including annulment cases, are the most discussed, debated, disputed, and adjudicated in all of Catholic canon law. Brendan Killeen employs the fundamental question ‘What brings a marriage into existence?’ as the legal and historical means to explore the very nature of marriage within the framework of the canon law. The lives of countless Catholic laypersons are profoundly affected by the central issues that Killeen examines.

Following a fresh and thorough examination of the canon law's primary sources and its historical development, Killeen then unfolds an objective and challenging evaluation of the present law of marriage. Finally, he suggests some possible present-day developments to this law for consideration and debate.

Killeen conducts the historical exploration in two phases. In the first he considers writers and ecclesiastical authorities from the Roman Empire up to the eve of the Second Vatican Council and in the second he examines the Council's treatment of marriage and the Church's present matrimonial law.

An excellent introduction to the canon law of marriage for those new to the field, Killeen's work will also generate lively debate among seasoned specialists and jurists already working in the field. Scholars of church history will also find it a valuable resource.