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) The law becomes harmful or useless with reference to the lawgiver’s
purpose privately or temporarily, if the harm or uselessness affects
only individuals, or is not lasting. In this case the law continues to
be an instrument of public welfare, or is only momentarily deprived
of its beneficial character. Hence it endures; but for temporary
inconvenience to the public a remedy is had in suspension of the
law, for inconvenience to individuals in dispensation. Example: If
the use of fats or grease were forbidden on days of abstinence, and
if for a time only it were impossible to obtain the substitutes for
the preparation of the food, the law would not cease, but would be
suspended until such time as substitutes could be obtained.
503. The inconvenience caused to individuals from the fact that a law
does not serve its purpose in a case before them, does not always
justify the use of _epieikeia_.
(a) If the observance of the law would be detrimental to the purpose
intended by the lawgiver, _epieikeia_ might be used; for the lawgiver
does not intend that his law should be an obstacle to what he has in
view as its end. Example: Caius needs to read a book placed on the
Index in order to defend the Faith against attacks, but he is unable
to request the general faculty to read forbidden works. Obedience to
the law in this case would defeat the purpose of the law, which is the
protection of faith, and hence Caius may use epieikeia.
(b) If the observance of the law would be unnecessary, but not
detrimental as regards the purpose of the lawgiver, _epieikeia_ may not
be used; else the law would lose its force through the judgments of
individuals in their own favor, and the common welfare would suffer.
Examples: Titus has an opportunity to read a book placed on the Index,
but has not the time to apply for permission. The work was condemned
as dangerous to faith; but Titus is strong in faith, and wishes only
to study the literary qualities of the writer. Sempronius, a parish
priest, is requested to officiate at a marriage immediately, without
proclaiming the banns or seeking a dispensation from proclamation. The
purpose of the law of banns is that impediments may be detected and
invalid marriages avoided, and Sempronius is absolutely certain that
there is no impediment in the case before him. Titus and Sempronius
must observe the law, and the same must be said as regards every actual
case in which there is the possibility of self-deception and peril
to the common good. The theoretical case, in which neither of these
inconveniences would be present, need not be considered.
504. The purpose of the law ceases to exist as follows:
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