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
510. A custom expressly disapproved of in law is not reasonable or
legitimate, and cannot derogate from an existing law, nor establish a
new law (Canons 27, 28).
511. The time prescribed by the Code of Canon Law for the acquisition
of legal force by customs that have not the personal consent of the
lawgiver is as follows: (a) forty continuous and complete years are
required to unmake an ordinary law; one hundred years to unmake a law
that forbids future contrary custom (Canon 27, Sec. 1); (b) forty
continuous and complete years are likewise required to make a new law
(Canon 28).
512. The effect of the Code on customs previously existing was
considered above under 421.
513. Like the written law, custom ceases: (a) from within, when its
purpose has ceased entirely; (b) from without, when it is abrogated by
desuetude, or by a contrary law or custom (Canon 30).
514. Laws in a Wide Sense.--In addition to laws strictly so-called,
there are laws in a wide sense, commands or provisions made by
ecclesiastical superiors that have not all the conditions given above
(see 285) for law. Such are: (a) precepts, which differ from law,
because they are given not to the community or permanently, but to
individuals or temporarily; (b) rescripts, which are given with regard
to particular cases and without the solemnity of law; (c) privileges,
which are not obligatory; (d) dispensations, which are relaxations of
law granted to individuals.
515. A precept is a command given to individuals, or for an individual
case, by a competent superior.
(a) It is a command obliging in conscience, and so differs from
counsel, desire, exhortation.
(b) It is given to individuals, and thus differs from law, which has
the character of universality and stability. A precept may be imposed
on a community, but even then it is particular, as being given only for
an individual case or for a certain length of time--for a month or a
year, or during the lifetime of the superior.
(c) It is given by a competent superior. Even here precept differs
from law, since laws can be made only by one who has jurisdictional or
public authority (see above, 285), while precepts may be given also
by those who have only dominative or private authority (as parents,
heads of families, husbands, employers, abbesses). In canonical matters
precepts may be given by religious superiors, parish priests, rectors
of seminaries, and for the court of conscience by the confessor.
516. Precept is similar to law: (a) as to its object, which must be
just, good, and possible of observance; (b) as to its binding force,
since it can be imposed even on those who are unwilling.
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