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
370. Definition.--Since human perversity often needs a check in
regulations that are not expressly contained in the Natural or in the
Divine Law, other laws must be made by society, drawn from those higher
laws as conclusions or added to them as determinations, in order to
meet special circumstances and necessities.
371. Division of Human Laws.-Human laws are variously divided.
(a) According to the difference of legislators, laws are either
ecclesiastical or civil.
b) According to their mode of derivation from the Natural Law, laws
belong either to the law of nations (_jus gentium_) or to civil law. To
the _jus gentium_ belong those laws which are derived from the Natural
Law as conclusions from premises, e.g., the right to private property
without which men cannot live peacefully in society. To civil law
belongs whatever is derived from Natural Law by way of positive
determination by a legislator; e.g., Natural Law dictates that the
evil-doer be punished; but that the punishment take a particular form,
imprisonment, exile, death, is a determination depending upon the will
of the legislator.
The _jus gentium_ is not international law which derives its force and
sanction from the free will of the legislator. The law of nations is
common to all men and derives its force from the conviction of men that
such a law is demanded for the good of mankind. It is not a secondary
precept of the Natural Law which is derived from the primary precepts
necessarily. Rather it is based upon a contingent set of circumstances;
it does not spring from man’s nature absolutely considered, but from
the way in which man acts and reacts in his society.
(c) According to the difference of their objects, laws are either
affirmative (i.e., preceptive) or negative (i.e., prohibitive). An
affirmative law obliges always, but not for every occasion; a negative
law obliges always, and for every occasion. Example: The Third and
Fourth Commandments are always in force, but it is not necessary to
elicit a positive act of compliance at every instant. The other
Commandments, which are negative, are not only in force always, but it
is necessary at every instant to omit what they forbid.
(d) According to the obligation which they impose, laws are either
moral, penal, or moral-penal. Moral laws oblige under pain of sin,
penal laws under pain of punishment, moral-penal laws under pain of
both.
(e) According to their inclusiveness, laws are either personal or
territorial. The former affect the person for whom the law is made, and
oblige him even when he is outside the territory of the lawgiver. The
latter affect the territory, and hence do not oblige a subject when he
is outside the territory affected by the law.
(f) According to their effect, prohibitive laws are either merely
prohibitive or irritant. The former make what is forbidden illegal, the
latter make it also void.
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