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
456. As to the effects of ignorance on acts irritated by law, the Code
states that ignorance of irritating (invalidating) and inhabilitating
(disqualifying) laws does not excuse from their observance, unless the
law expressly states otherwise (Canon 16, Sec. 1). Moralists discuss
the influence of ignorance (as well as force or fear) on such acts as
follows: (a) if the law is irritant and not penal, it has its effect,
in spite of ignorance, oversight, etc.; for this the common good
requires. Example: One who marries his cousin in good faith, being
invincibly ignorant that it is against the law, contracts invalidly;
(b) if the law is irritant and penal, the irritation being decreed
solely as a punishment, ignorance, oversight, etc., sufficient to
excuse from fault, excuse also from the penalty of irritation; for
penalty presupposes fault. Before the law, however, ignorance and
error as to law or penalties are not presumed but must be proved.
(Nevertheless, it must be noted that according to some authors no
penalty is necessarily or primarily intended in ecclesiastical
irritating and inhabilitating laws. Though punishment actually results
from the matrimonial impediment of crime, for example, the impediment
as such primarily is a personal disqualification intended to protect
the dignity of the sacrament and good morals. Ignorance, then, does
not excuse from it. Some authors maintain that this is true of all
ecclesiastical disqualifying laws.)
457. Generally speaking, _epieikeia_ may not be used in the
interpretation of irritating and inhabilitating laws. Since they
transcend the individual welfare, they demand uniform observance of
all subject to them. Some authors permit the use of _epieikeia_,
however, in particular cases in which the law itself aims to protect
the individual, whereas its observance would tend rather to harm
the individual or at times even the interests of the community.
Accordingly, it seems probable that an irritant law may cease in case
of impossibility or of a most grave inconvenience that is common.
Example: If in a pagan country Christians were so few that they could
marry only infidels, and if distance or other circumstances made it
impossible to seek a dispensation, the diriment impediment of disparity
of worship would seem to cease for those Christians.
458. Some authors hold that an irritant law may also cease on account
of impossibility, or of a most grave inconvenience that is only
private; but this opinion cannot be deemed certain. An example of
private inconvenience is the case of an invalidly married person who is
near to death and unable to seek the dispensation from the impediment
that has made the marriage null.
Public-domain text, read in full here on John Shaqi.
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