Praelectiones Iuris Matrimonii by Th. M. Vlaming (review)

320 BOOK REVIEWS Praelectiones Juris Matrimonii. By TH. M. VLAMING. (4th edition by L. Bender, 0. P.) Bussum: Paulus Brand, 1950. Pp. 594 with index. $6.85. The fourth edition of the respected work on Matrimony by Vlaming brings to the moral theologian and the canonist a complete and recent study in this very important field. The third edition was first published in 1919, shortly after the promulgation of the Code and was widely used. Vlaming himself died in 1985. Obviously, much legislation, many subsequent decisions and interpretations , as well as commentaries, have appeared in the meantime. Fr. Bender set about to preserve the contribution of his fellow Hollander and to incorporate into the work the various corrections and additions which the intervening years made necessary and useful. While preserving the original structure and division into twelve parts, Fr. Bender has improved many chapters and articles by means of change in form or by an entirely new development. Intended primarily as an international or general manual, with Roman students in view, this work leaves out particular civil and ecclesiastical legislation, especially the heavy Dutch emphasis of the original author. The new edition has many mechanical features to recommend it over its predecessor. The former two volume work has been brought out in a single but ample volume. The choice of type fonts, paper and general make-up offers a far easier and more pleasing medium for study and reference. The wording of the subtitles in the alphabetical index has been simplified. Some of the particular contributions of the latest editor can be singled out. In the first place, he has more extensively and systematically developed the chapter on the sacrament of matrimony, as well as devoted a whole chapter of three articles to the ends of marriage, concerning which, since Vlaming's time, there has been some confusion. With succinct clarity Fr. Bender states and explains the intrinsic ends of this institution and the role of voluntary or personal ends (fines operantis) . More prominence is given to the properties of unity and indissolubility, explaining the difficulties and objections involved in this admittedly intricate question. The divisions of matrimony are fairly wholly original in this edition-especially the notion that the constitutive element of an invalid marriage is the mutual external act which is the manifestation of matrimonial consent. Fr. Bender (pp. 150-158) supports the opinion that the "cautiones," even if given falsely or insincerely, are true promises and thus do not affect the validity of the dispensation from the impediment of mixed religion. This opinion would appear to be far less tenable in view of the Rota decision in the Albany case. (The Jurist, IX [Jan. 1949], 50-64) . There is a very interesting discussion (pp. 458-462) on the morality of BOOK REVIEWS 3~1 artificial insemination. Here Fr. Bender disagrees m particular with the opinion favored by Merkelbach. An entirely new addition is the appendix on Civil Marriage, unusual in its length (pp. 554-563) and original in much of its theological thought and development. It contains " most difficult and intricate questions," among which two are noteworthy here. The first is the author's insistence upon matrimony as an unique species. Only one specific contract has been instituted by God in nature, which is at the same time a cause and a sign of grace for those men whom it can affect, namely, the baptized. Thus, the bond of marriage, as instituted by God or nature, is one thing. Nature has left the formalities surrounding the assuming of or entrance into this bond, the celebration of this contract, to the legitimate determination of the civil and ecclesiastical authorities, each in its own area of competency. These are the prescribed formalities, the accidental solemnities, which do not institute but presuppose matrimony already existing as an institution, and which regulate the valid celebration or inauguration of the contract in view to the common good,-the State for the unbaptized, the Church for all the baptized. He describes civil marriage as matrimony established by nature celebrated in the form prescribed by civil law. By this he insists that civil marriage is not opposed to the natural bond but rather distinguished...