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
491. Other specific determinations of the law include: (a) Inculpable
ignorance of the law itself excludes moral imputability (Canon 2202,
Sec.1); actual inculpable inadvertence or error in regard to the law
has the same effect (Canon 2202, Sec.3). (b) Culpable ignorance, or
culpable inadvertence, or error concerning the law or concerning
the fact diminish imputability more or less in proportion to the
culpability of the ignorance (Canon 2202, Sec.1). (c) If the ignorance,
even inculpable, affects only the fact of the existence of the penalty,
it does not exclude imputability of the delict, but it does diminish it
(Canon 2202, Sec.2).
492. Absolute or physical impossibility (i.e., the want of the power
or of the means of complying with a law), of course, excuses from its
observance; for no one is bound to what is impossible. This applies to
divine law, and hence much more to human law. Example: He who is unable
to leave the house is not obliged to go to Mass.
493. Moral impossibility--that is, the inability to comply with the law
without extraordinary labor, or the imminent danger of losing a notable
good or of incurring a great evil--does not excuse from the observance
of ecclesiastical law when this law receives through circumstances
the added force of the negative law of nature. This happens when the
evil that will result through the observance of the law bears no
proportion to the evil that will result from its violation, the former
being private or temporal or human, the latter public or spiritual or
divine; for the law of nature forbids that the common welfare, or the
salvation of a soul, or the honor of God be sacrificed for the benefit
of an individual, or for the life of the body, or for the welfare of a
creature. Example: The command to abstain from meat on Friday obliges,
if one has been ordered to violate it as a sign of contempt of God or
of religion, even though death is threatened for refusal.
494. Moral impossibility excuses from the observance of a human law in
the following cases:
(a) One is excused when a considerable loss in health, reputation,
spiritual advantage, property, etc., or a grave inconvenience will
result from observing a law which is not a prohibition of nature in
the sense of the previous paragraph; for the legislator cannot impose
obligations that are needlessly heavy, and hence positive law does not
oblige in case of such moral impossibility. Example: Our Lord reproved
the inhuman rigor of the Pharisees, who insisted that their regulations
must be observed, whatever the difficulty or cost.
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