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
438. The rules as regards those who are not strangers are: (a)
inhabitants and residents are subject to the diocesan, provincial, and
other particular laws of their territory (Canon 13, Sec. 2); (b) the
homeless are subject to the local laws of the territory where they are
present (Canon 14, Sec. 2).
439. The rules for strangers with reference to general laws (Canon 14,
Sec. 1, n. 3) are; (a) a stranger is obliged to follow these laws, if
they are observed in the place where he is, even though they are not in
force in the place of his domicile or quasi-domicile; (b) a stranger
is not obliged to observe general laws, if they are not in force where
he is, even though they are in force in the place of his domicile or
quasi-domicile. Thus, the general law of abstinence on Friday does
not oblige one who is travelling in a place where the law has been
suspended, even though he would be obliged by it at home. The traveller
would do better, however, to keep to the practice of his home.
440. The rules for strangers with regard to the particular laws of
their own domicile or quasi-domicile (Canon 14, Sec. 1, n. 1) are;
(a) they are obliged in two cases--first, when those laws are not
territorial but personal and obligatory on them everywhere (as is the
case with the statutes of religious superiors), and secondly, when the
violation of a territorial law would be harmful in its own territory
(as when by fiction of law one must be considered as present on account
of the law of residence); (b) they are not obliged in other cases.
Thus, if one is travelling on a feast-day that is a diocesan holyday
in one’s home diocese, but not in the diocese where one is, one is not
obliged to hear Mass.
441. The following are the rules for strangers with regard to the
particular laws of the place where they are: (a) they are obliged in
two cases--first, when natural law itself requires that a territorial
law be observed by all, and secondly, when the Church includes
strangers among those who are subject to a territorial law; (b) they
are not obliged in other cases. Thus, if a person is travelling on a
feast-day that is observed as a holyday of obligation both in his home
diocese and in the diocese where he is, but not as a general holyday
of the Church, he is not obliged to hear Mass; for the law of his home
diocese does not bind him, since he is out of its territory, and the
law of the diocese where he is does not bind him, since he is not a
subject of that law.
442. The natural law requires that strangers should conform themselves
to local laws in the following cases:
(a) when non-observance would be a cause of scandal, which the natural
law commands one to avoid. In this sense we understand the rule of
St. Ambrose: “When you are at Rome, do as the Romans do.” Hence, if
a stranger would cause real scandal by eating meat on a local day of
abstinence, he would be obliged to abstain from it;
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