Moral Theology: A Complete Course Based on St. Thomas Aquinas and the Best Modern AuthoritiesCallan, Charles J. (Charles Jerome)
Religion
Moral Theology: A Complete Course Based on St. Thomas Aquinas and the Best Modern Authorities
Callan, Charles J. (Charles Jerome)
Christian ethics -- Catholic authors
On the other hand, the alternate opinion has solid grounds and
arguments, and merits due consideration. Some authors distinguish a
twofold law of Christ; (a) absolute, that which obliges immediately and
of itself independently of any action of man; e.g., the law concerning
the necessity of Baptism or determining bread and wine as the matter of
the Eucharist; (b) hypothetic, which presupposes some human action;
e.g., the law of the indissolubility of matrimony which urges after man
has freely willed to be bound by the laws of matrimony. Similarly, the
binding force of vows presupposes the taking of the vow.
As to the absolute law, no human authority may dispense from it. As
already indicated, the good of the Church, its unity and stability,
seem to demand an unchangeable law. In regard to the hypothetical law,
many of the more modern authors assert that the Holy Pontiff can at
times dispense. The power of loosing implies a power of dispensing in
the Church which has been used in particular cases; e.g., _ratum et non
consummatum_ matrimony. Moreover, the power to dispense seems extremely
useful and almost necessary for the prudent and wise governing of the
Church. For, with a change of circumstances an individual might be
impeded from doing a greater good because of a preceding act of will;
e.g., one might be impeded from embracing the religious life because of
a prior vow to remain in the world to assist in Catholic Action (see
Fanfani, O.P., _Theol. Moral. Manuale_, Vol. I, n. 134).
358. Interpretation of the Law of Christ.-(a) Private interpretation
(_epieikeia_ or equity) is used in extraordinary cases, not foreseen by
the lawgiver, and it declares that a particular case does not fall
under the Law. This kind of interpretation applies only to human laws,
since God foresees things not only universally, but also in particular
(cfr. on Natural Law, 315). (b) Public interpretation of the Law of
Christ is made by the Church, in virtue of the commission: “Teach all
things whatsoever I have commanded” (Matt, xxviii. 20).
359. Public Interpretation of the Law of Christ--(a) The Church is able
to give a declarative interpretation of the Positive Divine Law--that
is, to explain its meaning, to show what cases are comprehended in the
law, what cases are not, when one is obliged, when one is excused, etc.
Example: The Church interprets the doctrine of Christ on the
indissolubility of marriage, explaining when the bond is absolutely
indissoluble, the conditions under which it may sometimes be dissolved,
etc.
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