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
(b) when a local law deals with the solemnities required for validity
of contracts (Canon 14, Sec. 1, n. 2). If strangers were not obliged
by laws of this kind, they could take advantage of the inhabitants, a
thing that is contrary to natural justice. Thus, “the place rules the
act”;
(c) when the local law has for its object the maintenance of public
order (Canon 14, Sec. 1, 11. 2); for the natural law demands that
public safety be guarded. Hence, a stranger who commits a crime is
subject to the penalties of the local law (Canon 1566).
443. Examples of territorial laws that oblige even strangers according
to the precept of the Church are the laws that require all, even
strangers, to follow the Calendar of the Church where they celebrate
Mass, and to say the _collectae imperatae_ prescribed by the bishop of
the local diocese.
444. The rules given for strangers can be applied also to those who are
in places exempt from local jurisdiction (e.g., in the monasteries of
exempt regulars). The exempt are those who by fiction of law are held
to be outside the territory of every diocese, and are subject, not to
the local bishop, but directly to the Pope (Canon 515).
445. There are various cases, however, in which exempt religious are
subject to the territorial laws of the diocese where they are. Thus:
(a) when they accept parishes in a diocese, they are subject to the
Ordinary in those matters that pertain to the parishes; (b) when the
common good or the avoidance of scandal requires it, they should
conform to a diocesan law.
446. Those who have a personal privilege can use it anywhere, for a
personal privilege, like a personal precept, follows the person, not
the territory.
447. Promulgation.--Church laws are promulgated as follows: (a) the
laws of the Holy See are promulgated by publication in the official
periodical, _Acta Apostolicae Sedis_. They become effective three
months from the date of publication, unless from the nature of the case
they oblige at once, or it is otherwise provided in the law itself
(Canon 9); (b) the laws of a bishop are promulgated in the manner he
decides, generally by publication in the official periodical of the
diocese. They become effective as soon as published, unless it is
otherwise provided in the law itself (Canon 335, Sec. 2).
448. When a law has been promulgated and become known, if it begins
to be observed, it is said to be accepted; if it is not observed, it
is said to be not accepted. This acceptance is not essential to law.
Hence: (a) the observance of a law by the people is not necessary for
the obligatory force of the law, for otherwise the lawgiver would be
without real authority; (b) the approval of ecclesiastical laws by the
State is not necessary for their validity, since Church and State are
distinct and independent societies within the proper sphere of each.
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