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
377. Obedience to unjust laws is not obligatory in the following cases.
(a) If a law is opposed to the rights of God, it is not lawful to do
what that law commands or permits, nor to omit what it forbids.
Examples: If a law permits one to practise polygamy, or commands one to
blaspheme religion, one may not use the permission or obey. If a law
forbids one to give or receive Baptism, it has no force. (b) If a law
is certainly opposed to the rights of man in any of the three ways
mentioned in the previous paragraph (376, b), it does not of itself
oblige in conscience, since it lacks some essential condition of a true
law, and even the consent of the majority or of all does not make it
just. However, it may oblige accidentally, on account of the greater
evils that would follow on disobedience, such as scandal, civil
disturbances, etc. The duty of subjects is to remonstrate against such
a law and to work for its repeal.
378. The obligation of all laws is not the same in kind, or degree. (a)
Moral laws oblige one to do what is commanded or to omit what is
forbidden, as a duty owed in conscience; hence, he who violates a law
of this kind is guilty of moral fault. Penal laws oblige one to follow
what they prescribe, if one would be free from guilt before the law and
not liable in conscience to the penalty prescribed; hence, he who
violates a penal law is guilty of juridical fault, and, if he further
illegally resists the penalty, he becomes guilty also of moral fault.
(b) Moral laws are not all of the same obligatory force, some of them
obliging under grave sin, others under venial sin.
379. The following human laws are recognized as moral laws: (a)
ecclesiastical laws, with few exceptions; (b) civil laws that confirm
the Eternal or Divine Law, or that pertain directly to the common
welfare, such as the laws that determine the duties of public
officials, the rights of inheritance, etc.
380. The following human laws are generally regarded as merely penal:
(a) ecclesiastical laws which expressly state that their observance is
not required under pain of sin (e.g., the statutes of many Religious
Orders); (b) civil laws of minor importance, or which the legislator
imposes as a purely civil duty (e.g., some traffic regulations).
381. Moral laws oblige under grave sin if the two following conditions
are present: (a) if the thing prescribed by the law is of great
importance, because of its nature or circumstances; (b) if the lawgiver
intended to impose a grave obligation.
382. A matter of light moment cannot be made the object of a law that
binds under grave sin, for this would impose an intolerable burden, and
would thus be contrary to the common good. What is unimportant in
itself, however, may become important on account of its purpose or
other circumstance.
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