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
383. The intention of the legislator to impose a grave moral obligation
is recognized either: (a) from his own declaration, as when a church
law is commanded under threat of the divine judgment; or (b) from
circumstances that indicate such an intention, such as the gravity of
the subject-matter of the law or the kind of penalty it prescribes, the
general opinion of authorities, or the common practice of the community.
384. By obliging to the observance of what they command and the
avoidance of what they forbid, laws indirectly oblige to what is
necessary for such obedience. (a) Hence, the law obliges one to make
use of the ordinary means for its fulfillment. Examples: He who has not
used ordinary diligence to know the law, sins against the law if he
violates its prescriptions. He who eats meat on a day of abstinence,
because he neglected to provide himself with other food, is guilty of
sin. (b) The law obliges one to use sufficient diligence in removing
impediments to its fulfillment or dangers of its violation. Examples:
The law of hearing Mass on Sunday obliges one not to stay up so late on
Saturday that fulfillment will be impossible. The law of fasting
obliges one to avoid dangerous occasions of its violation.
385. Interpretation.--Though laws are carefully framed as to language,
doubts about their meaning will often arise--in ordinary cases, because
of lack of understanding or changes of conditions, and in extraordinary
cases, because from the circumstances the law seems inapplicable. Hence
the need of explaining the law, which is done in ordinary cases by
interpretation, in extraordinary cases by _epieikeia_ (see 411 sqq.).
386. Interpretation is a genuine explanation of the law, that is, one
that states the meaning of the words of the law according to the
intention the lawgiver had in mind when he chose them. It is of various
kinds.
(a) According to the author from whom it proceeds, interpretation is
authentic, if it comes from the lawgiver himself or from another
authorized by him; it is usual, if it comes from common usage (i.e.,
from the manner in which the law is customarily observed); it is
doctrinal, if it is made by learned men according to the rules of
correct exegesis.
(b) According to the effect, interpretation is declarative, if it
clears up what was obscure in the law; it is supplementary, if it
extends or limits the law, by adding to or subtracting from the cases
included under it.
(c) According to the manner in which it is made, interpretation is
strict or wide, Strict interpretation gives to a word of law that least
inclusive and most proper signification it bears (e.g., it understands
“son” to stand for son by birth). Wide interpretation gives to a word a
more inclusive and less proper signification (e.g., it understands
“son” to stand for son by birth or by adoption).
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