CanonLaw.info

Dr. Edward Peters 

To work for the proper implementation of canon law is to play an extraordinarily

constructive role in continuing the redemptive mission of Christ. Pope John Paul II

Blog

Directory

Facebook

Webmaster

Abbreviations

Masterpage

1983 Code

 

Masterpage

1917 Code

 Masterpage

 Liber Extra

 

 Masterpage

 Eastern Code

Resolution

1152 x 864

Updated

12 jan 2013

Review of Sheila Rauch Kennedy, Shattered Faith (Pantheon, 1997) 250 pp.


Edward Peters, Review of S. R. Kennedy,  Shattered Faith, in National Catholic Reg. (12-18 Oct 1997) 6

 

 

Click here to purchase this book online

 

Order here

 

 

Blog post about

this case:

21 Jun 2007

 

 

I wanted to like this book. I had seen Sheila Rauch Kennedy on numerous TV talk shows and, while prepared to disagree with her on certain points, I was favorably impressed with her as a person. I was ready to forgive the inaccuracies that typically appear in any work purporting to deal with a technical field but authored by an amateur. Finally, not having the slightest professional connection with this annulment case, I could indulge my iconoclastic streak and say that anybody arguing with a Kennedy can't be all wrong.  

 

But, try as I might, I simply could not warm up to Kennedy's book on the Catholic Church's annulment process, and the further I read in it, the more I concluded that Shattered Faith will never amount to more than a diary-like account of one woman's intensely felt, but ultimately skewed, perception about a controversial process which she does not understand. In order to find the good in Kennedy's book, a fair-minded reader has to overlook a lot of things, beginning with Kennedy's almost exclusive use of feminist categories to frame her experiences and comments.

 

She feels it highly significant, for example, during her fight against an annulment, she was contacted by and spoke with lots of other women. I ask, what's so special about that? Women tend to talk to other women about similar experiences. My wife can come out of the checkout line at a grocery store with some other woman's life story, just because both of them happen to have squirming babies in front packs. I certainly don't see female communication as evidence of a "conspiracy of silence that had kept us all quiet and powerless," but rather wholesome human nature asserting itself once again.     

 

I grew tired with, and eventually irritated at, Kennedy's frequent assertions that the men who use the Church's annulment process must be doing so to dump on ex-wives. Right now, as a matrimonial judge, Iíve got 10 open annulment cases in trial, and three more cases on appeal. Six of my petitioners in first instance are women, and two of them in second instance are women. Those ratios are not unusual. The annulment process attracts roughly equal numbers of male and female petitioners, and Kennedy cannot, and does not, offer any substantiation for the implication that most men must be abusing the system, and their ex-wives, by filing for annulments.

 

Of course, all of the inevitable digs about celibate old men running canon law institutions are repeated in this work. Well, I'm neither old nor celibate, and I had to be careful that my "oh-no-not-that-one-again" groans did not wake the two-year-old who slept on my lap as I read this book.

 

The second thing that interested readers will have to ignore is the prevalence of straw-men arguments throughout the work. Let's take just one, namely, that the annulment process requires people to lie to God.

 

That's just total baloney. Canon law (cf. canon1391) takes a pretty dim view of lying to tribunals, to say nothing of lying to God. But since we're all against lying to God, disagreeing with Kennedy's assessment that annulments require it somehow gives the impression that one is soft on lying in general, just as long as one avoids lying to God. That's precisely what makes straw-men arguments so much fun for authors, and so maddening for readers.

 

But, granting that there are frequent straw-men arguments, inadequate feminist analysis, the inevitable technical inaccuracies I feared, a monolithic view of the Church, and very few new facts about the case itself, what good can be gleaned from Shattered Faith? There is some.

 

First, Kennedy's book shows very clearly the need for a return to genuine, independent canonical advocacy. The present system of canon lawyering is inadequate to modern needs. There are too few trained canon lawyers to begin with (perhaps 2,500 in all of America, compared with the 50,000-plus civil lawyers who graduate from civil law school every year) and nearly all canon lawyers work directly for dioceses.

 

The perception that such canonists cannot offer consistent, vigorous, independent service is reasonably grounded. The relatively few who do try to offer such assistance face numerous practical and professional hurdles for their efforts. And yet their presence can make all the difference in the world, not simply for the delivery of justice which, thanks be to God, is usually accomplished anyway) but also for the sake of the public's recognition of the delivery of justice. Right now this vital need for healthy Church life is very often missing.

 

Second, Kennedy's book shows that tribunal officials, and the spokesmen the secular media usually put forward to discuss Catholic issues, are generally ill-prepared to present publicly and faithfully the complexities of a controversial process like annulments.

 

I tread lightly here, having done but little of that work myself, and I am aware that complex issues such as annulments do not fare well in the electronic world of one-minute attention spans. However, I am convinced that the Church's canonical system for assessing marriages is theologically sound, juridically coherent, and pastorally effective. It deserves better than it received in Kennedy's book. But--and this point is crucial--Kennedy herself deserved better than what she got from the process.

 

Without denying the anti-Catholicism which undergirds many of the secular attacks on the annulment process--and Kennedy, I think, has nothing to do with such attacks--I can't help but think that at least some of the unfair publicity generated by works like Shattered Faith is our own fault.