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Perform Same-Sex Marriage Or Go To Jail !!!!!!

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  • Originally posted by robrecht View Post
    I suspect that is true of modern contracts as they have come to be written by modern lawyers. I do not think that was always the case. In fact I know it has not always been the case, particularly in the manner in which the Christian church has defined marriage as a contract.
    Could you substantiate this?

    Then why bring it up?
    I'm afraid I misspoke: I meant that the content of the first codes of law is not germane to my argument, rather that marriage preceded it, which is pretty obvious from reasoning about the first couple

    Comment


    • Originally posted by Paprika View Post
      Could you substantiate this?
      Sure, just look at how marriage has been, and is still defined, in canon law. Can't do an Internet search for you at the moment as I am on my way to the airport, but this should not be hard to find.
      βλέπομεν γὰρ ἄρτι δι᾿ ἐσόπτρου ἐν αἰνίγματι, τότε δὲ πρόσωπον πρὸς πρόσωπον·
      ἄρτι γινώσκω ἐκ μέρους, τότε δὲ ἐπιγνώσομαι καθὼς καὶ ἐπεγνώσθην.

      אָכֵ֕ן אַתָּ֖ה אֵ֣ל מִסְתַּתֵּ֑ר אֱלֹהֵ֥י יִשְׂרָאֵ֖ל מוֹשִֽׁיעַ׃

      Comment


      • Originally posted by robrecht View Post
        Sure, just look at how marriage has been, and is still defined, in canon law. Can't do an Internet search for you at the moment as I am on my way to the airport, but this should not be hard to find.
        Is the following that which you referred to?
        Source: http://www.vatican.va/archive/ENG1104/_P3V.HTM

        §2. For this reason, a valid matrimonial contract cannot exist between the baptized without it being by that fact a sacrament....Can. 1058 All persons who are not prohibited by law can contract marriage.

        © Copyright Original Source



        Originally posted by robrecht View Post
        I suspect that is true of modern contracts as they have come to be written by modern lawyers. I do not think that was always the case. In fact I know it has not always been the case, particularly in the manner in which the Christian church has defined marriage as a contract.
        Well, it looks like this'll turn out to be an argument about what a 'legal contract' is.

        Edit: you may be interested in this link, which discusses both contractual views of marriage and non-contractual views.
        Last edited by Paprika; 10-24-2014, 09:27 AM.

        Comment


        • Originally posted by Paprika View Post
          Is the following that which you referred to?
          Source: http://www.vatican.va/archive/ENG1104/_P3V.HTM

          §2. For this reason, a valid matrimonial contract cannot exist between the baptized without it being by that fact a sacrament....Can. 1058 All persons who are not prohibited by law can contract marriage.

          © Copyright Original Source




          Well, it looks like this'll turn out to be an argument about what a 'legal contract' is.
          That's part of the current code of canon law but you can also look at older canon law. Note also the current use of 'covenant'. Do you want to argue about what a legal contract is?
          βλέπομεν γὰρ ἄρτι δι᾿ ἐσόπτρου ἐν αἰνίγματι, τότε δὲ πρόσωπον πρὸς πρόσωπον·
          ἄρτι γινώσκω ἐκ μέρους, τότε δὲ ἐπιγνώσομαι καθὼς καὶ ἐπεγνώσθην.

          אָכֵ֕ן אַתָּ֖ה אֵ֣ל מִסְתַּתֵּ֑ר אֱלֹהֵ֥י יִשְׂרָאֵ֖ל מוֹשִֽׁיעַ׃

          Comment


          • Originally posted by robrecht View Post
            That's part of the current code of canon law but you can also look at older canon law. Note also the current use of 'covenant'. Do you want to argue about what a legal contract is?
            Not if I don't have to, as my stance is merely that a legal contractual view of marriage is hardly the only (traditional) such view. You might want to refer to the link which I edited into my previous post.

            Comment


            • Originally posted by Paprika View Post
              Not if I don't have to, as my stance is merely that a legal contractual view of marriage is hardly the only (traditional) such view. You might want to refer to the link which I edited into my previous post.
              Does the link have anything relevant to the discussion of whether or not modern marriage is understood in our society to be something akin to welfare?
              βλέπομεν γὰρ ἄρτι δι᾿ ἐσόπτρου ἐν αἰνίγματι, τότε δὲ πρόσωπον πρὸς πρόσωπον·
              ἄρτι γινώσκω ἐκ μέρους, τότε δὲ ἐπιγνώσομαι καθὼς καὶ ἐπεγνώσθην.

              אָכֵ֕ן אַתָּ֖ה אֵ֣ל מִסְתַּתֵּ֑ר אֱלֹהֵ֥י יִשְׂרָאֵ֖ל מוֹשִֽׁיעַ׃

              Comment


              • Originally posted by robrecht View Post
                Does the link have anything relevant to the discussion of whether or not modern marriage is understood in our society to be something akin to welfare?
                No.

                Comment


                • Originally posted by Paprika View Post
                  No.
                  Good. As for our discussion, if you are imagining that I have ever held that Christian marriage is nothing more than a legal contract or that the terms of the contract can be altered at will or dissolved at any time, you are once again mistaken as to my position.

                  I noted in the beginning of your linked section:

                  "a prominent contemporary rival to the contractual view—the new natural law view, which takes procreation as essential to marriage. A second widespread approach focuses solely on love as the defining purpose of marriage."

                  I do not think that the church has ever considered her contractual view of marriage to exclude the importance of natural law and procreation. One could argue that they have held the reproductive purpose to be of greater importance than love as the defining purpose of marriage, but some would argue this is no longer the case (cf Humanae Vitae).

                  Regardless, the church does not consider these to be exclusively competing or rival views of marriage to which she proposes a contractual view in opposition to a natural law view or a covenantal view.
                  βλέπομεν γὰρ ἄρτι δι᾿ ἐσόπτρου ἐν αἰνίγματι, τότε δὲ πρόσωπον πρὸς πρόσωπον·
                  ἄρτι γινώσκω ἐκ μέρους, τότε δὲ ἐπιγνώσομαι καθὼς καὶ ἐπεγνώσθην.

                  אָכֵ֕ן אַתָּ֖ה אֵ֣ל מִסְתַּתֵּ֑ר אֱלֹהֵ֥י יִשְׂרָאֵ֖ל מוֹשִֽׁיעַ׃

                  Comment


                  • Originally posted by robrecht View Post

                    Regardless, the church does not consider these to be exclusively competing or rival views of marriage to which she proposes a contractual view in opposition to a natural law view or a covenantal view.
                    As long as we are agreed that there exists non-contractual views of marriage, I'm satisfied.

                    Comment

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