The Impact of Volition on the Capacity to Express Matrimonial Consent: A Cross-Disciplinary Issue

This article inaugurates a series of scholarly inquiries undertaken by academics from the disciplines of canon law, psychology, and theology, which makes it inherently interdisciplinary. Recognizing the foundations of marital indissolubility, the authors seek to analyze the role of discernment and volition in the formulation of matrimonial consent by nupturients. Each person enjoys the innate right to contract matrimony. This right may be circumscribed by (i) an incapacity to formulate an act of will (give matrimonial consent), (ii) a substantial defect in its formulation, (iii) lack of ability to execute it, or (iv) a prohibition derived from divine law—whether natural or positive—or from man-made law. Accordingly, the authors examine matters pertaining to processes to declare the nullity of marriage, with a focus on the evidentiary role of expert testimony, typically provided by psychologists. Given the interdisciplinary nature of their inquiry, the authors have drawn extensively on the literature from the fields of canon law, psychology, and theological studies. Mindful of its theoretical orientation, the authors regard this article as a prologue to subsequent research on selected matrimonial nullity cases processed by ecclesiastical tribunals, with emphasis on the analysis of opinions issued by tribunal-appointed expert psychologists.