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
417. Though all human law is subject to _epieikeia_, the practice of
the civil law does not always allow it. (a) Action on individual
responsibility makes one guilty of technical violation. Example:
Balbus, fearing that his house may be robbed or he himself assaulted,
borrows a revolver and practises shooting. He had not time to get the
necessary permit, but argued that necessity knows no law. But, if he is
arrested, the court may hold him guilty of violating the law. (b)
Action in a court of equity, however, will give relief for cases not
provided for in law. Example: One may obtain an order from the court
restraining a neighbor from injury, when the law itself gives only the
right to recover damages for injury done.
Art. 5: ECCLESIASTICAL LAW
418. The Church, being a perfect and independent society, has the power
to make laws for its members in order to promote the common spiritual
welfare. These laws are not an encroachment on the liberty of the
Gospel, for Christ Himself bestowed on the Church legislative and other
governmental powers suitable to her mission. The charter of the
legislative authority of the Church is contained in the words of
Christ to Peter: “I say to thee that thou art Peter, and upon this rock
I will build My Church, and the gates of hell shall not prevail against
it. And I will give to thee the keys of the kingdom of heaven. And
whatsoever thou shalt bind upon earth, shall be bound also in heaven;
and whatsoever thou shalt loose on earth, it shall be loosed also in
heaven” (Matt., xvi. 18, 19; see also Matt., xviii. 17; Luke, x. 16).
419. The character of laws made by the Church is as follows:
(a) their purpose is to guide and assist the individual that he may
more easily and perfectly fulfill the laws of Christ, and to protect
and promote the welfare of the Church as a whole;
(b) their contents generally do not impose what is the height of
perfection, but what is the minimum necessary for salvation (see 374);
(e) their number, unlike that of the laws of the Synagogue, is few.
There are only six precepts of the Church that bind all the faithful;
the other laws of the Church do not all oblige each individual, some
being for prelates, some for priests, some for religious, some for
judges, etc.;
(d) their obligation is not so strict as that of the laws of the Old
Testament, for they are more easily changed or dispensed.
420. General Law of the Church.--The general law of the Church is found
in the five books of the Code of Canon Law, promulgated by Benedict XV
on May 27, 1917. It applies only to the Latin Church, except in those
matters that of their nature affect the Oriental Church as well, and it
has been in force from Pentecost Sunday, May 19, 1918.
421. The effects of the Code on the older legislation are as follows:
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