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
(a) It ceases from without (i.e., from the act of the legislator),
when he abolishes it, by total or partial revocation (abrogation,
derogation), or by the institution of a new law directly contrary to it
(obrogation). In the new Code of Canon Law there are many instances of
revocation or obrogation of older legislation (see Canons 22, 23), as
in the matter of censures and matrimonial impediments. Examples: In the
diocese of X a minor feast was made a holyday of obligation. This law
was abrogated, if later on it was decreed that neither the prohibition
against servile works nor the precept of hearing Mass was obligatory
for that feast; it was derogated from, if later it was decreed that
servile works were permitted, but Mass was obligatory for that day; it
was obrogated, if a later law included the minor feast in a list of
special days of devotion for which the hearing of Mass was recommended.
(b) A law ceases from within (i.e., of itself), when through change of
conditions the purpose for which it was made no longer exists, or is no
longer served by the law.
501. The purpose for which a law was made ceases to be served by the
law in two cases.
(a) A law no longer serves its purpose, if, from having been a benefit,
it has become a detriment, inasmuch as its observance now would be
wicked, or impossible, or too burdensome. In this case the law ceases,
since it is now contrary to the supreme law that the common welfare be
promoted. Example: A particular law forbade the use of fat or grease
in the preparation of food on days of abstinence. Later, it became
impossible to procure the substitutes previously used.
(b) A law no longer serves its purpose, if, from having been useful, it
has become useless, inasmuch as it is no longer necessary for the end
intended by the lawgiver. In this case the law ceases, for regulations
should not be imposed needlessly. Example: The Council of Jerusalem
made a law that the faithful should abstain from using as food animals
that had been strangled (Acts, xv. 20). The purpose of the law was to
avoid offense to the Jewish converts, who at that time formed a large
part of the Christian community and who had a religious abhorrence for
such food. But shortly afterwards, the Gentile element having become
stronger in the Church, no attention was paid to ceremonial rules of
Judaism.
502. A law ceases to serve its purpose also as follows:
(a) The law becomes harmful or useless with reference to the purpose
of the lawgiver generally and permanently, if the changed conditions
affect the whole community or the great majority, and are lasting. In
this case the law ceases; for, since it is made for the community as
a whole and as a lasting ordinance, it cannot endure, if it becomes
permanently unserviceable to the community. Examples are given in the
previous paragraph.
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