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  • Proofs in Marriage Nullity Process by Peter O. Akpoghiran
  • William J. King
Proofs in Marriage Nullity Process, by Peter O. Akpoghiran. Richmond, VA: Ugbugbu Heritage, 2011. Pp. ii–214.

The rules of evidence in any legal system can be a puzzling topic. Parties to a trial, whether in an ecclesiastical or civil forum, often have questions about what types of evidence are necessary to a court, why certain evidence may be inadmissible, and how a judge interprets the probative value of evidence. With a large number of non-canonists involved in ecclesiastical marriage processes—from volunteers who assist petitioners in preparing a libellus, to notaries, auditors, and others employed by tribunals— there are many persons who bring questions about proofs to ecclesiastical processes.

The jurisprudence for what proofs are required to answer a question before the tribunal, what makes a proof admissible or inadmissible, and [End Page 137] the relative weight or probative value of evidence or proofs, all are topics that can be challenging for persons unfamiliar with canon law.

The author provides a volume in which he walks the reader through the canons on proofs in the Code of Canon Law for the Latin Church. He treats exclusively of proofs in cases in which the validity of a marriage is challenged before an ecclesiastical tribunal. After an all-too-brief introduction to the concept of proofs in canonical processes, the book topically follows the canons of Book VII of the Code of Canon Law.

Those looking for an in-depth treatment of the topic of proofs or detailed commentary on the canons will not find it in this work. There is no discussion of the historical development of the canons on proofs, beyond some comparisons with the 1917 code and brief notes on the revision process leading to the ius vigens for some of the canons. In large measure, the author first quotes and then restates the texts of the canons themselves, relating the canons on proofs to the text of the instruction Dignitas connubii.

Interspersed with his restatement of the canons, the author provides several succinct summaries of theological and canonical background to the canons, giving helpful insight into how to understand and interpret some of the canonical rules of evidence. These summaries provide the most useful parts of the work, inasmuch as they offer the reader context to understand, interpret, and apply the canonical rules of evidence.

As an example, in the middle of the book the author, in ten pages, gives a useful explanation of the distinction between the lack of canonical form and a defect of canonical form, providing guidance on the types of proofs necessary in each case.

In another gloss the author provides guidance in assessing the value of witness testimony, summarizing and reorganizing the content of the canons into what he terms “moral, mental, temporal, material, and numerical” criteria drawn from the canons and the corresponding articles of Dignitas connubii.

One of the most helpful of these summaries is near the end, in a discussion of the admissibility of expert witnesses. In five pages, the author suggests caution in assessing the opinion of experts in marriage cases, explaining the notion of “Christian anthropology” brought forward by Pope John Paul II in his 1987 allocution to the Tribunal of the Roman Rota. The author explicates how the anthropological view held by a psychological peritus will affect that expert’s opinion in a marriage case. [End Page 138]

For persons who find the canons on proofs—the necessity of proofs, the introduction of various types of evidence in a case, and the assessment of that evidence—difficult to understand in the Code of Canon Law, this work may be useful and helpful. Along with a restatement of the canons, which itself may help some to understand the canons better, there is presented some limited gloss on jurisprudence and practice. Together, they provide a helpful tool for novices in tribunal ministry to understand the role of proofs in marriage cases.

William J. King
Saint Elizabeth Ann Seton Parish
Mechanicsburg, PA
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