Folia Theologica et Canonica, Supplementum (2016)
Hanns Engelhardt, Marriage and Divorce In Anglican Canon Law
FOLIA THEOLOGICA ET CANONICA (2016) 49-72 Hanns Engelhardt MARRIAGE AND DIVORCE IN ANGLICAN CANON LAW* I. Introductory Remarks; II. Marriage; III. Sources, I. England, 2. Episcopal Church, 3. Nigeria; IV. Initiation of Marriage, /. England, 2. Episcopal Church, 3. Nigeria; V. Dissolution of Marriage, /. England, 2. Episcopal Church, 3. Nigeria; VI. Same-Sex Unions, I. Episcopal Church, 2. England, 3. Nigeria, 4. Genera! The importance of sexuality and family in human life has made them an object of canonical regulation from the time of the early Church. Recent developments in the matrimonial law of different ecclesial traditions may justify making it the object of our considerations today. Before turning to this object itself, however, it appears expedient to make three preliminary remarks with regard to what I will talk about. The first is concerned with the nature of the Anglican Communion and its consequences for Anglican canon law in general, the second with the peculiar position of the Church of England, the mother church of the Anglican Communion, as an established church, the third will be very short and point out beforehand what I will not talk about. The main body of our considerations will cover the nature of marriage according to Anglican understanding, the sources of Anglican canon law concerning marriage, the initiation of marriage, the dissolution of marriage, and lastly, what is called same-sex unions, and all this with a special look on history in so far our subject looks back on one. I. Introductory Remarks 1. Firstly it has to be noted that the Anglican Communion is not a worldwide church with a central legislative and judicial authority as the Roman Catholic or, if somewhat less centralized, the United Methodist Church. Nor is it an association of churches with a common statute according to which membership may be acquired or lost, and which is binding upon all members, like e.g. the Lutheran World Federation. It is similar, in a way, to the family of orthodox churches: it consists of a number of independent national or regional churches, * Paper read to the Conference of the Hungarian Canon Law Society on 10 May, 2016. The author wishes to express his sincere gratitude to this Society and especially to the Rev. Professor Szabolcs Anzelm Szuromi, Rector of Pázmány Péter Catholic University, for the opportunity to present it.
