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
396. There are other conditions necessary that a custom may acquire the
force of law. (a) Since a law is an ordinance knowingly imposed by the
will of the legislator, a custom does not constitute a law if it is
followed through the erroneous conviction that it is already a law, or
if there is nothing to indicate a will to make it obligatory. Signs of
the intention to raise a custom to the dignity of a law are the
punishment of transgressors of the custom, the observance of the custom
even at the cost of great inconvenience, the opinion of the good that
it should be followed, etc. (b) Since a law cannot prescribe except
what is reasonable and for the common good, a practice opposed to the
Natural or Divine Law, or expressly reprobated by written law as an
abuse, or one that is injurious to the welfare of the community, cannot
become unwritten law through custom.
397. There are special conditions in order that a custom may do away
with an existing law. (a) A written law is not repealed unless the
legislator wills to take away its obligation, and hence desuetude or a
custom contrary to law does not abrogate a law unless it manifests a
purpose not to be obligated by what the law prescribes. This it does if
the whole people regard a certain law as a dead letter, or feel that
circumstances or the common welfare require the opposite of what the
law requires, and have no scruple in acting uniformly according to this
conviction.
(b) A written law is not repealed, if it is immutable, or if a change
would be prejudicial to the common interest; similarly, therefore, a
custom cannot abolish a law, unless this law is one that can be
abrogated by human acts, and that is not essential to the public good.
Hence, customs contrary to the Commandments or to the Law of Christ,
customs that are expressly condemned in Canon Law as corruptions,
customs that encourage lawlessness or afford occasions of sin, can
never do away with a law, no matter how long or by how many they are
practised.
398. Those who start a custom contrary to law are sometimes in good
faith, and hence are not guilty of disobedience. (a) It may be that
they are in ignorance of the law, but have the interpretative will not
to be bound by it; (b) it may be that they know the law, but sincerely
think that, on account of conditions, it has ceased of itself.
399. Even when a custom has been started in bad faith, it may continue
through good faith, and so become not a violation, but an abrogation of
the law. Changed conditions may make the law useless or harmful; or the
very fact that it is no longer observed may make it too difficult to
enforce.
400. Today customs do not so often attain the force of law. Moreover,
so difficult is it to know whether any custom has all the qualities
necessary for establishing, modifying, or abrogating a law that only an
expert is competent to judge in this matter.
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