The Annulment That Wasn’t + Quadruple HUH????

Canonist Ed Peters points out two extraordinarily important facts regarding the Kennedy-Rausch annulment case that I hadn’t been aware of. If press accounts are accurate then . . .

1) The Rota was serving as a court of second instance.

This is an extraordinarily important fact. Here’s why: When an annulment case is handled by a tribunal and a finding of nullity is reached, it is automatically transmitted to an appellate tribunal (a court of second instance) for its evaluation. Only if the appellate tribunal agrees is the person free to marry in the Church.

This means that what is popularly known as "an annulment" (that’s a colloquial designation) actually consists of two separate findings of nullity by two separate tribunals.

Normally the appellate tribunal that hears the case in second instance in an American annulment case is also in America, but it’s possible to appeal directly to the Rota, which is apparently what Sheila Rausch-Kennedy did in this case.

This means that Joseph Kennedy never had "an annulment."He never got the second finding of nullity from the appellate tribunal.

It is not the case–as I had supposed–that Kennedy received "an annulment" (findings of nullity from both the courts of first and second instance) and then the Rota got involved (as a court of third instance) and overturned the annulment. There never was an annulment because the second finding of nullity had not come in.

2) The Rota sat on this case for TEN YEARS.

That’s a QUADRUPLE HUH????

The Boston archdiocese tribunal apparently issued its finding of nullity in 1997 and the case has been stuck in the Rota ever since!

This is simply appalling.

John Paul II twice in his annual addresses to the Rota scolded them about not processing cases in a timely manner.

In his 1984 address, after the release of the 1983 Code of Canon Law, he stressed:

In the reform of canonical procedural law, an effort was made to meet a very frequent criticism, which was not completely without foundation, concerning the slowness and excessive length of trials. Therefore, accepting a deeply felt need, without wishing to impair or in the slightest way to diminish the necessary guarantees offered by the course and formalities of tribunal procedure, [the new law] has sought to render the administration of justice more flexible and functional by simplifying procedures, speeding up formalities, shortening the time-limits, increasing the discretionary powers of the judge, etc.

This effort must not be rendered vain by delaying tactics or by a lack of care in studying cases, by an attitude of inertia that is wary of entering the new track for moving ahead, by a lack of expertise in applying the procedures.

We then turn to the 1983 Code and find that it provides that:

Can.  1453 Without prejudice to justice, judges and tribunals are to take care that all cases are completed as soon as possible and that in a tribunal of first instance they are not prolonged beyond a year and in a tribunal of second instance beyond six months.

Got that?

Tribunals of second instance are supposed to process cases in six months barring special circumstances that would interfere with the execution of justice. Yet the Rota sits on this thing for ten years! Further, if what Time said is accurate then even after it reached the finding, it still took two years to draft the statement announcing its finding.

Circumstances in which justice would require this kind of delay are almost unimaginable. On its face the situation appears to be one of gross negligence on the part of the Rota.

Justice delayed is justice denied, and on the face of it, the Rota denied justice to Kennedy and Rausch for years by taking twenty times longer than the law specifies to process their case.

Now, maybe there are facts that we aren’t aware of that would show that justice required this astonishingly slow pace, but (by definition) it would be astonishing if there were.

In his 1996 Rotal address, John Paul II spoke of the need to resolve the question of what a person’s marital status is (are they validly married or not?) in a timely manner, stating in part:

At the same time, however, the current legislation of the Church shows a deep sensitivity to the requirement that the status of persons—if called into question—does not remain in doubt for very long.

The current legislation of the Church may show that deep sensitivity, but in this case–on the face of it–the Rota did not.

And sadly, this is all too often the case–in tribunals around the world. A friend of mine has a relative who has been vainly trying for years to get a Mexican tribunal to take action regarding an annulment case concerning a marriage that was contracted in Mexico, yet the person has been unable to get the tribunal to do anything at all.

If you want know why America has so many annulments compared to other countries, a significant part of the reason (you’ll note I said "part") is that it has a tribunal system that actually processes cases in something like the time limits specified in the law instead of letting them sit for years without resolution or refusing to even take action on the case.

A Last Chance & Two New Rules

John has been warned repeatedly about hobby-horseism but recently posted a comment on the Spanish television set entry that was guaranteed to spin it off into a discussion about Latin and bishops and traditionalism. He is now given his last chance to avoid disinvitation to participate in the blog. If he doesn’t keep discussions of Latin, the bishops, and traditionalism to entries dealing with those subjects, he’s gone.

I’m also announcing the creation of two new entries in DA RULZ:

21. Commenters in the combox are to use either their real name or a
(non-offensive, non-spiteful) handle that distinguishes them from
others when posting comments. They are not to post comments while
leaving the "Name" field blank. It’s rude to expect people to interact
with you and give them no way to refer to you.

22. When someone is
under a warning not to ride his hobby horse, others on the blog are not
to post comments tempting him to get back on the hobby horse (e.g., "I
wonder what So-and-so will do to twist this thread onto his favorite
topic"). That’s rude because it tempts another person to break a rule
when he already may have trouble restraining himself on a particular
topic.

Last time I gave John a warning, he asked that others not taunt him in this way, and I agree with that sentiment. I’ve seen people under a hobby-horse warning get goaded into breaking the restriction, and it’s not fair to them.

TIMEwits!

Okay, the folks at Time Magazine have once again demonstrated their incompetence.

GET THE STORY.

CHT to the reader who e-mailed asking confirmation of the fact that the Church does not "de-sanctify" marriages.

It doesn’t.

Time doesn’t know what it’s talking about.

What it does do is sometimes declare them null from the beginning. Hence: an-nul-ment.

Saying something was null from the beginning is not the same as stripping it of sanctity. It has to be there before you can remove its sanctity. No thing, no sanctity.

Oh, and the correct word for removing the sanctityof a thing would be desecrate or deconsecrate, not "de-sanctify."

But the stupid stuff in the story doesn’t stop there! Oh, no! That would be too easy!

EXCERPTS:

The annulment was the subject of Rauch’s 1997 book Shattered Faith, which lambasted her ex-husband and was severely critical of the Catholic Church’s proceedings, which made the marriage (which had produced twin boys) null and void in the eyes of the church.

How many children a union produced has nothing to do with whether the marriage was validly contracted on the wedding day.  Time is presenting criticism of the concept without presenting the rejoinder.

Rauch argued that Kennedy was able to unilaterally "cancel" nearly 12 years of marriage because of his clan’s influence in the church.

How long a union lasts has no direct bearing on whether it was validly contracted on the wedding day. Same problem as before, and petitioners cannot "unilaterally cancel" anything. Both parties are given the opportunity to provide evidence, and it’s the tribunal that makes the decision.

Few observers thought the appeal to Rome by Rauch, an Episcopalian, had a chance against the well-connected Kennedy.

Time needs better observers. First, the fact Rauch is an Episcopalian is not going to have a material impact on the decision, and Kennedy’s connections–whatever they may be in Massachusetts–are not going to be decisive in Rome.

With divorce strictly prohibited in Catholicism, annulments allow Catholics to remarry before a priest and continue receiving the sacraments.

Civil divorce is not "strictly prohibited in Catholicism." Civil divorce can be legitimate for any number of reasons. What you can’t do is get remarried just because you have a civil divorce.

Several years after his 1991 civil divorce to Rauch, Kennedy obtained an annulment from a Church tribunal in Massachusetts so he could have a Church ceremony with Kelly. The couple had already been married in a 1993 civil ceremony, but needed the Roma Rota appeals tribunal at the Vatican to uphold the Massachusetts annulment verdict before they could be married by a priest.

The Rota does not weigh in on each and every finding of nullity in the world. It’s agreement isn’t necessary unless one of the parties appeals to it. (Oh, and you don’t have to be married by a priest in order to observe the Catholic form of marriage.)

At the Vatican, Pope Benedict XVI has indicated that he wants to streamline the Roma Rota to respond to the desire of divorced Catholics to stay inside the Church.

Huh? When did he do that? He’s never made any statements about streamlining the Rota. On the contrary, he’s stressed that tribunals around the world should follow the detailed instructions of Dignitas Connubii.

But there is also concern that some Catholics, particularly in the U.S., abuse the practice. "People think it’s their right," says one Rome-based canon lawyer. He adds sternly, "It’s not a right."

Double huh? It’s not individual Catholics who "abuse the practice" of granting annulments. Only Church tribunals can grant annulments. If there is a generalizable problem (and this is something that is quite arguable) with the annulments being granted then the fault lays with the tribunals granting them, not simply the people asking to have the validity of their marriages examined.

The story also refers to multiple unnamed "sources," meaning that there is a shadow of doubt over the whole thing.

It also says this:

The Roma Rota’s ruling, written in Latin, was reached in 2005, and had
been kept secret while the official written notice was being prepared,
said a source in Rome familiar with the case.

We can’t know if this is true since the source is unnamed, but if it is: Triple huh? What’s something like this doing sitting on someone’s desk for two years? It doesn’t take that long to prepare a written notice!

While Time Magazine has demonstrated what it doesn’t know about this case, Ed Peters has some sage advice to remember what we all don’t know about it.

GET THE STORY.

Some Justice

There’s an episode of I, Claudius titled "Some Justice," in which a trial is held in the Senate to bring to justice those responsible for the death of Claudius’s brother, Germanicus.

The machinations of Roman politics being what they are . . . er, were . . . in the end only "some justice" is done.

That episode came to mind as I read

THIS STORY.

One EXCERPT:

Mr. Freedman said Mr. Nifong, 56, a prosecutor for nearly 29 years, would have never risked his law license and career on hiding DNA evidence that he knew the defense would find.

F. Lane Williamson, chairman of the ethics panel, responded that “there is no rational explanation sometimes” for unethical or illegal behavior. “I don’t know if we’ll ever know,” he said.

Actually, Thomas Sowell doesn’t think that Nifong’s actions were at all inexplicable. He thinks there is a perfectly clear and logical, if evil, reason for them.

PART ONE.

PART TWO.

NYTwits

The New York Times recently ran THIS STORY about B16’s meeting with President Bush.

Here’s the opening sentence:

President Bush and Pope Benedict XVI, both religious conservatives, met for the first time on Saturday in the papal palace at the Vatican, where the pontiff privately expressed his concerns to the president about “the worrying situation in Iraq,” especially the treatment of minority Christians there.

"Both religious conservatives"?

You just know that the folks at the NYT were just itching to caption the above picture (also from the story) something like "President Bush and Pope Benedict XVI, both religious conservatives, review plans for world domination."

Unfortunately they had to settle for "President Bush took a close look at his gifts, an etching and a medallion, from Pope Benedict XVI on Saturday."

(CHT to the reader who e-mailed.)

The Importance Of Play

You ever see two puppies or kitties wrestling?

They do it naturally, and they have a high old time at it (at least until somebody bites or scratches a little too hard).

Why do they do that?

I mean: Why are they programmed to engage in fun, mock fights when they are young?

Because they’re going to have to engage in real fights when they’re grown. The rough-and-tumble play instinct lets them practice in a safe way what they will have to do in earnest later on. It exposes them to situations that are like real fights so that they can get accustomed to them, but without the danger that a real fight has.

That’s why this playful wrestling is fun. It’s to get the creatures to do it (they get the reward of fun) while they’re simultaneously learning about something that will not be so fun later on.

And humans have the same instinct, which is one of the reasons human boys wrestle and engage in rough-and-tumble play and play cowboys and indians or cops and robbers or whatever the local cultural variant of the game is.

It’s also part of why we get a thrill out of reading suspenseful or scary stories: We mentally put ourselves through dangerous situations in such stories (vicariously, through the characters) so that we’ll be able to better handle danger ifwhen we encounter it in real life.

This kind of play thus has an important function.

But what happens if you get a society full of parents that are overprotective of their kids and who think that is the duty of parents to completely shield children from risk rather than helping them learn how to accept and manage risk?

MORE THAN YOU MIGHT THINK.

(CHT: Instapundit.)

GOVERNATOR: “Turn Off the Spanish Television Set”

There are a lot of things I disagree with Arnold Schwarzenegger about–from abortion to immigration–but he was dead-on recently when he indicated the best way to learn a language.

EXCERPT:

Gov. Arnold Schwarzenegger told a gathering of Hispanic journalists that immigrants should avoid Spanish-language media if they want to learn English quickly.

"You’ve got to turn off the Spanish television set," the Republican governor said Wednesday night at the annual convention of the National Association of Hispanic Journalists. "It’s that simple. You’ve got to learn English.

"I know this sounds odd and this is the politically incorrect thing to say and I’m going to get myself in trouble," he said. "But I know that when I came to this country, I very rarely spoke German to anyone."

Now telling a group of Hispanic journalists that Latinos should avoid media produced in Spanish was bound to provoke reaction, and it did:

"I’m sitting shaking my head not believing that someone would be so naive and out of it that he would say something like that," said Alex Nogales, president and chief executive of the National Hispanic Media Coalition, who called the remarks "preposterous."

Nogales said Schwarzenegger must have forgotten the challenges of being an immigrant in the United States. Hispanic immigrants need Spanish-language media to stay informed and "function in this society," he said.

"That doesn’t mean they are going to sit there," he said. "They are also going to learn English in the meantime."

I’m sorry, but it’s Mr. Nogales that is naive and out of it. You will have greater success in a country if you can speak the local language, and you will learn the language faster and better if you use a total immersion methodology, which means denying yourself access to material in languages you already speak. The more time you force yourself to spend interacting with the local langauge, and the less you use your native language as a crutch, the better you will learn the new language. Period.

To the extent Spanish-speakers–or speakers of any language (English included)–allow themselves to have recourse to their native language, it will slow their acquisition of a new one. Every hour a person spends watching TV in their native language is an hour that they’re not spending watching TV in the language they’re trying to learn, or studying the language formally, or talking to people who speak the new language. It hinders their ability to think in the new language, which is essential for language mastery.

Slowing (or stagnating) your acquisition of the language of the local environment is precisely what will cause one to have problems trying to "function in this society."

The longer you don’t know the local language, the longer your ability to function in the society will be limited, leaving you more vulnerable and exploitable by those who do know the local language. Getting the local language down is key to personal empowerment and the ability to succeed in a society.

The course recommended by Mr. Nogales would prolong and intensify the struggles that native Spanish-speakers in the U.S. have, potentially (especially for those who are here illegally) putting them or keeping them in situations of exploitation and danger.

If I relocated to a non-English speaking country, one of my highest priorities would be learning the local language as fast as possible, and the way for me to do that would be to spend as much time functioning in the new language as possible, denying myself the crutch of English at every possible opportunity.

Once I’d mastered the new language, I could indulge myself by reading English language newspapers or watching English language television or listening to English language music or reading English Internet sites, but during the crucial period of language acquisition, I’d avoid English as much as possible.

This is not a matter of identity politics; it’s a matter of how humans learn languages.

GET THE STORY.

Priorities for the Future

Economics is the study of the use of limited resources that have alternative uses. Any time you have to "economize"–limit the amount of resources you’re devoting to something–you’re dealing with economics.

There are so many needs in the world today that we can’t possibly address all of them–at least in the way that we’d like to address them if we had unlimited resources.

So we have to set priorities about where we’re going to spend our resources–what problems should get our attention first.

We can do this either unreflectively (kind of the way Congress tackles pork barrel spending, with legislators sticking in their pet projects without a real effort to ask "Do we really need a Bridge to Nowhere in Alaska?") or we can do it reflectively–trying to figure out a list of priorities systematically rather than piecemeal.

That’s what this guy is trying to do (CHT to the reader who e-mailed!). . .

Now, I’ll note that I don’t necessarily agree with his conclusions, or even that he’s identified the right list of things to work on–and this is a rather theoretical question anyway since he doesn’t have the 50 billion dollars he uses in his example (or I assume he doesn’t). I’d also say that we do need to devote some funds to projects that we don’t yet have the technology to address (research, including basic research, is important)–though of course there are big questions about whether it should be handled in the public or private spheres.

I also have questions about whether this guy’s folks have taken adequate account of the effects of corruption and institutional resistance to letting people address some problems (e.g., sure we could provide clean water infrastructure for Africa, but will the corrupt African governments let us do it or will they put up barriers to letting it be done for disfavored groups or will the funds vanish into the pockets of African dictators?). And I certainly don’t like the idea of the UN–or any other single global agency–setting forth to do all this (I much prefer a distributed approach in which different individual groups feel call to do different things). And I have questions about precisely how they want to prevent AIDS (I’m guessing it involves the use of condoms). And then there’s the fact that people NEED FOR JESUS isn’t on the list at all.

But I appreciate the effort to try to think realistically about what temporal problems can be solved and at what cost and what that says about what our temporal priorities should be.

So why is this post in the "Science" category rather than the "Economics" category, you ask?

Because of what his different teams of prioritizers concluded about where global warming belongs in the list of priorities–and these were of experts who were assuming that human-caused global warming is real.

(WHAT THIS "TED" THING IS.)

(WHAT THE COPENHAGEN CONSENSUS IS.)

Not Quite The Most Terrifying Video I’ve Ever Seen

That’s not to say it’s not a good effort. (CHT to the reader who sent the link.)

What the gentleman in the video is doing, essentially, is applying decision theory to the question of global warming in the style of Paschal’s Wager.

The gentleman states his case well, has clear talent as a producer of online videos, and–best of all–he’s got a good attitude and a willingness to subject his argument to examination, which he expressly invites.

Unfortunately, I don’t think his argument works. There are two basic reasons.

First, he does not fully detail the cost and benefit analysis of the different options he explores. Under the option for global warming being false and us making vain efforts to stop a non-real phenomena, he treats the costs purely in terms of money, noting that there would be monetary costs that could (in a hypothetical and admittedly extreme scenario) lead to a global depression.

Opposite this on his diagram is the cost of global warming being true and us doing nothing to stop it. For that option he lists not only the monetary impact of global warming but also polical, social, and health costs (again, for purposes of the thought experiment, pushed to an extreme case).

The basic problem here is that he is cashing out the costs in detail in the latter possiblity but not in the former. In the "false and we waste our efforts" box he’s not fully attending to the fact that money is just a symbolic system used to regulate the flow of goods and services which have an impact on human existence. That means that if you divert monetary resources toward one goal you are thereby not pursuing other goals.

In fact, that’s tied to the definition of economics itself, which is the study of the use of limited resources that have alternative uses.

Our presenter, as well spoken as he is, is not attending to the alternative uses to which the wasted investment to cure global warming would have.

Let me put it this way: Each billion dollars that you spend trying to cure global warming is a billion dollars that you don’t have to put toward feeding people, or doing cancer research, or doing AIDS research, or developing new technologies that will extend and improve lives, or buliding housing, or anything else.

The effort to cure global warming thus has not just a monetary cost but a human cost.

Or let’s look at it this way: What happens if we have the global depression that the presenter asks us to consider?

Well, what happens in major depressions? People starve to death. They don’t get medical care. They can’t get educations that will help them for the rest of their lives. They can’t get jobs. They lose their homes. There are riots and political indability. Wars can start. Governments can get toppled or become more restrictive and authoritarian to keep control of the populace. Crime and black markets soar.

What we see then is that if we cash out the "global depression" scenario in terms of its human costs, we find a picture not unlike that presented in the "global warming is real and we don’t do anything to stop it" disaster scenario. There will be monetary, political, social, health, and other costs in both worst case situations.

This makes it impossible to distinguish between them in the way that the presenter wishes us to.

How many people will die if we bring on a global depression by messing up the world economy in a vain effort to stop global warming? I don’t know, but most of them will be in the third world, where economic development is desperately needed to prevent people from dying for all sorts of reasons, from malnutrition to AIDS to malaria to war.

Allowing economic development to proceed globally by not messing up the world economy in a vain effort to stop global warming will save lives.

Will it save more lives than if global warming is real and we do nothing to stop it?

There is simply no way to know in the abstract, by pitting hypothetical worst case scenarios against each other. If you imagine a global warming horror story that kills X number of people, I can imagine a global depression that kills exactly the same number.

Which brings up one of the limitations of this application of decision theory. I’m a big fan of Pascal’s Wager, but Wager-type reasoning is useful in a limited number of situations, and this isn’t one of them.

When you can point to comparable hypothetical disasters on both forks of the logic tree, you have to start asking which disaster is more likely to occur.

The presenter actually invites us to do this, but he doesn’t explore the effects of that, presumably because he thinks that the global warming disaster scenario superdominates the decision, such that even if it isn’t likely, it is so bad that we just can’t take the risk.

But if we flesh out the global-warming-is-false-and-we-vainly-try-to-stop-it scenario, we realize that the alternative doesn’t superdominate, and so we must turn from looking strictly at possible results of our actions to the likely results of our actions.

We simply can’t look at hypothetical disaster scenarios and base policity decisions on the fact that they are possible, without asking how probable they are.

Consider this scenario: It is possible (certainly logically possible, and most would say ontologically possible as well) that there is an alien fleet speeding toward earth right now to destroy it with some kind of spiffy planetkilling technology (say, something that manipulates the sun to cause massive, instantaneously fatal global warming). The planetkiller will get here shortly, and the only chance we have to survive as a civilization is to throw the entirety of the world’s economic resources into building a massive planetary defense system to shoot down the planetkiller before it can mess up our sun.

While we already have the Apple computer needed for the effort, we don’t yet have all the other technology, and the only way we’ll get it is if we shut down absolutely all world economic activity and focus on this. That’s how tough the aliens are.

In contemplating this scenario, we could construct a grid like the one our presenter did and, if we paint the effects of the alien planetkiller in sufficiently vivid terms and then don’t explore in comparable detail the consequences of throwing all of our economic resources into developing a planetary defense system (like, for example, everyone starving) then it might look like the alien planetkiller scenario superdominates the discussion.

It would even superdominate manmade global warming!

But common sense tells us that we should not shunt all of the world’s economic activity into producing such a planetary defense system. The odds of there being such a fleet on its way to destroy us, and the odds of us being able to stop it if it gets here any time soon, are too remote.

It would be foolish and a waste of resources–and therefore a waste of human lives–to undertake that project.

And thus Pascal’s Wager can’t get us out of competing hypothetical disaster scenarios. If all a disaster has to be is possible in order to justify large-scale efforts being made to stop it then we will quickly run the world economy into the ground becaue there are a limitless number of possible-but-very-unlikely disasters that could happen.

What we have to do is go about the messy business of asking how likely are these disasters and what are the benefits and costs of undertaking particular projects to address them.

That’s not to say that we shouldn’t engage in disaster preparedness or undertake specific projects to avoid potential disasters–even somewhat unlikely ones–but it is to say that hypothetical disasters of this sort–and global warming in particular–do not superdominate the decision.