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CHICAGO STUDIES
243); episcopal Conferences are given the power to estoblish impediments (canon 262). Here in the United States this could meon, for exemple, thot the Bishops might find it necessary and feosible to establish a mandatory six mon th period (dispensable but required 1 in arder to in sure adequate premorital preparation. Some liturgical rite could charaderize the engagement, a blessing perhaps, and with this the couple would enter a catechetical and spirituel relotionship with the Church. ln the new proposed law the abject of marital consent is no longer seen
as solely the "righi over the body" (canon 1081 in present Code}, but also os the "righi to a partnership of conjugal !ife" (canon 295); the exclusion of the "righi ta a community of !ife" is seen as a ground of nullity (conon 303). ln this latter case we see thot people unsuitable for marrioge due ta immoturity, inability ta assume to obligations, incopacity to form a solid interpersonal relotionship, unable to give and receive conjugal love, ore in fact incapable of honoring the rights of the ether partner. Avoiding elitist categories and a worthiness criterion for the sacrement of morrioge will hove to be held in constant tension with the necessary readiness required by the new canons. The parish of the bride is no longer the general de· terminant of the place of morrioge (conon 3171, The new canons speak of Christian marriage os "covenant" but use the contractuel language os weil.
41 . What did the Canon Law Society say of the new sacramental law?
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The Canon law Society of America did a critique of the new sacramental law, and was laudatory for the many important changes suggested. lt wos negatively criticol in the following creas: ( 1) inadequate reflection of the teoching of the Bishops al Vatican Il and this in the arecs of the nature of marrioge, the legislative role of the local Church, and in ecumenism; { 2) a tendency to legislate answers to disputed cononical and theological questions; ( 3) legal inodequacies as law is isolated from ifs theologicol· pastoral context; 14) inadequate consultation in the drofting of the new law. While it look eight years ta draft the new law the world episcopacy was expected to reply in si;\ months; (5) codification of law should be de· ferred while ad hoc legislation tokes its place in creas where theology and pastoral consensus is present. The Society also recommended thot the proctice of new law having a pastoral preomble should continue. This enhonces its reasonableness and facilitates its acceptance by the community. ln a real sense the new law is not yet applicable since it is not approved and promulgated by the Pope. This may toke severa! years. However, in another sense the new law is partly applicable because in selected instances it restates the ad hoc legislation promulgated and approved by the Pope during the post decade, Sorne canonical and pastoral skill is reqvired to discern this difference.