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
372. Qualities.--The objects or content of human law must be of such a
character: (a) that they do not conflict with the Natural or the Divine
Law; (b) that they be beneficial to the community for which they are
made.
373. Laws fail to be of public benefit in such cases as the following:
(a) if they are made without a broad view of the public good, which has
regard for different classes of people and various interests, and which
provides for the future as well as for the present; (b) if, losing
sight of the fact that the majority are not perfect in virtue, the
lawgivers require so much that the law falls into contempt, and graver
evils result than would have happened otherwise. Hence, it is advisable
that human laws confine their prohibitions to graver misdeeds,
especially those that are harmful to others and to society, and
restrict their commands to such good acts as promote the common weal.
Multiplicity of laws, excessive penalties for minor offenses, cruel and
unusual sanctions, lead to lawlessness.
374. Human laws should not prescribe what is too difficult.
(a) They should not prescribe heroic virtue, unless the common safety
demands it, or a subject has voluntarily obliged himself to it.
Example: Soldiers in war and pastors in time of pestilence must expose
themselves to danger of death; but for ordinary occasions the law
should not oblige one to risk one’s life or other great good.
(b) They should not prescribe agreement with the mind of the legislator
or a virtuous performance of what is prescribed, unless the thing
ordered itself demands this. Examples: The law of annual Confession and
of the Easter Communion requires, not only that these Sacraments be
received, but that they be received worthily, for an unworthy
Confession is no Sacrament, and an unworthy Communion does not satisfy
the command of Christ, of which the Church command is but a
determination. On the other hand, the Lenten fast observed by one who
is not in the state of grace is an act good in itself and satisfies the
law. He who hears Mass on a holyday, not knowing that it is a holyday,
satisfies the obligation, though he had no intention of fulfilling it.
375. Obligation of Human Laws.--All human laws that are just, whether
they be ecclesiastical or civil, made by believers in God or
unbelievers, are obligatory in conscience, (a) From the beginning the
Church has made laws and imposed them as obligatory (Acts, xv. 29; I
Cor., vi. 4; I Cor., xi. 5; I Tim., v. 9-12), and has recognized as
obligatory the laws of the State, without regard to the moral or
religious qualifications of the rulers (I Peter, ii. 13-16; Rom., xiii.
1-7).
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