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
482. Of course, what was said in the preceding paragraph has to do only
with single laws, and with what is strictly needed for the fulfillment
of the law. Hence: (a) he who sins because of the way in which he
fulfills one law, violates another law (e.g., one who is willingly,
though not entirely, distracted at Mass, obeys the church law of
assistance at Mass on Sunday, but he disobeys the divine law that he
worship God devoutly);
(b) he who has less devotion in obeying a law than he might have had,
does not deserve reprehension as a transgressor, but his conduct is
less praiseworthy.
483. Interpretation.--The meaning of interpretation and its various
species were explained above in 315 sqq.
484. As to the force of interpretation of church laws, the following
points must be noted:
(a) Authentic interpretation given in the form of law has the force
of law; if it is merely declarative of words of the law certain in
themselves, it does not need promulgation and is retroactive; if it is
supplementary, it needs promulgation and is not retroactive, since it
is a new law (Canon 17, Sec. 2);
(b) Authentic interpretation given in the form of judicial sentence or
of rescript in a particular matter has not the force of law; and it
obliges only the persons and affects only the things concerned (Canon
17, Sec. 3);
(c) Usual interpretation has the force of law when it is given through
a legitimate custom (see above, 391 sqq.), for “custom is the best
interpreter of law”;
(d) Doctrinal interpretation has not the force of law, since it does
not proceed from the lawgiver. Its value depends on the reasons and the
authority by which it is supported. When all the doctors agree, their
interpretation is morally certain; when they disagree, the various
interpretations have more or less probability.
485. Rules for Doctrinal Interpretation.--(a) The words must be
understood in their proper sense according to text and context, unless
this be impossible; if doubtful, they must be judged according to
parallel places in the Code, the circumstances, reason of the law, and
the mind of the lawgiver (Canon 18).
(b) Things that are burdensome should be understood in their most
restricted sense (Canon 19), things that are favorable in their widest
sense. Thus, the censure pronounced against simony is understood in the
narrow sense of simony against the divine law; a privilege granted to
the clergy is understood in the wide sense as given to all the clergy.
(c) Things that remain obscure should be understood in the sense that
is least burdensome to subjects.
(d) A particular law derogates from a general law; but a general law
does not derogate from a previous particular law, unless derogation
is expressly mentioned in the general law; for the particular law is
considered an exception to the general law (Canon 22).
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