Moral Philosophy: Ethics, Deontology and Natural LawRickaby, Joseph
Philosophy
Moral Philosophy: Ethics, Deontology and Natural Law
Rickaby, Joseph
Ethics
innocent over to death except in the due course of physical nature:
why then should He ever put forth His power against the marriage-tie,
unless it be that nature herself in certain cases postulates its
severance? But if such is ever nature's petition, the universal and
unconditional permanence of the marriage-tie cannot be a requisition
of nature, nor is divorce absolutely excluded by natural law.
3. Thomas Sanchez, than whom there is no greater authority on this
subject, records his opinion that "a certain inseparability is of the
nature of marriage," but that "absolute indissolubility does not
attach to marriage by the law of nature." He adds: "if we consider
marriage as it is an office of nature for the propagation of the race,
it is hard to render a reason why for the wife's barrenness the
husband should not be allowed to put her away, or marry another." (_De
Matrimonio_, I. ii., d. 13, n. 7.) We proceed to prove that "a certain
inseparability is of the nature of marriage," so that marriage may
truly be said to be indissoluble by the law of nature. Whether this
natural indissolubility is absolute, and holds for every conceivable
contingency, the student must judge by the proofs.
4. If a divorce _a vinculo_ were a visible object on the matrimonial
horizon, the parties would be strongly encouraged thereby to form
illicit connections, in the expectation of shortly having any one of
them they chose ratified and sanctified by marriage. Marriage would be
entered upon lightly, as a thing easily done and readily undone, a
state of things not very far in advance of promiscuity. Between
married persons little wounds would fester, trifling sores would be
angered into ulcers: any petty strife might lead to a fresh contract,
made in haste and repented of with speed: then fond, vain regrets for
the former partnership. Affinity would be a loose bond of friendship
between families; and after divorce it would turn to enmity. The fair
but weaker sex would suffer the more by this as by all other
matrimonial perversions: for the man has not so much difficulty in
lighting upon another love, but the woman--she illustrates the Greek
proverb of a fallen estate:
Mighty was Miletus in the bygone days of yore.
The divorced wife offers fewer attractions than the widow.
5. It is well to bear in mind that, at least by the positive ordinance
of God in the present order of His Providence, the marriage of
baptized persons, after cohabitation, is absolutely indissoluble; and
no marriage can be dissolved except in the three cases specified. (n.
1.)
_Readings_.--Leo XIII., Encyclical on Christian Marriage, _Arcanum
divina sapientia_; St. Thomas, _Contra Gent_., iii, 123.
CHAPTER VII.
OF PROPERTY.
SECTION I.--_Of Private Property_.
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