In your opinion, is this marriage valid in the eyes of the Catholic Church?
#19
(12-01-2020, 02:18 PM)yablabo Wrote: Malice is legally determined by the use of unjust force, unjust coercion or false pretense.  

If you're going to rely upon a legal definition, as opposed to the ordinary definition and/or some other canonical definition, "false pretense" is not a condition per se to show malice.  To wit, and relying upon Black's Law Dictionary, 'malice' is defined by (1) the intent, without justification or excuse, to commit a wrongful act, (2) reckless disregard of the law or of a person's legal rights, or (3) ill will; wickedness of heart--maliciousness. Nowhere is 'false pretense' mentioned.

Further, and regarding the first point, it would appear that justification or excuse may apply in this situation.  Could one argue that being ashamed of one's past, coupled with the fear of undoing potential plans for a marriage, is justification or excuse?  Maybe.  If so, I don't think there is actual malice here, in either a general sense or a legal sense.  Canonically, maybe the term 'malice' has a different meaning than the definitions already provided.  However, short of that, I think it would be difficult to conclude that he acted with malice.
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RE: In your opinion, is this marriage valid in the eyes of the Catholic Church? - by Bonaventure - 12-01-2020, 03:31 PM



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