In your opinion, is this marriage valid in the eyes of the Catholic Church?
#22
(12-01-2020, 03:31 PM)Bonaventure Wrote:
(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.

My intention is not to be unkind to you, sir, but I did not post a "legal definition" of the word malice.  I posted attributes which "legally determine" malice.

Additionally, a lie is never just or excused as every lie is an INTRINSIC evil (obviously either light or grave dependent upon the subject).  It is evil by the nature, not by the extrinsic components of the human act (i.e., intention and circumstance).  Therefore, there is never vitiation of the malice of a lie.

Your pursuit seems to be to make the cowardice which precedes the lie the factor which determines whether the lie was malicious or not.  All lies are malicious and come from Satan, the father of lies.  In fact, your conjecture pushes one to consider that if the man was presenting himself before the altar, having deceived his fiancée by malice, in grave fear of undoing potential plans for a marriage, could not validly consent himself as he would be in that case not approaching the sacrament freely and without coercion.
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RE: In your opinion, is this marriage valid in the eyes of the Catholic Church? - by yablabo - 12-01-2020, 04:12 PM



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