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
517. Precepts are personal (i.e., they affect the person to whom they
are given wherever he may be), unless they are given as territorial
(Canon 24). Hence: (a) a precept given by one who has no territorial
authority (e.g., a religious superior) is personal; (b) a precept
given by the Pope, whose authority includes every territory, is also
personal; (c) a precept given by the bishop is personal, if given to
an individual; it is personal or territorial if given to a community,
according to the nature of the case or the wording of the precept.
Example: The precept not to go to theatres during a journey, imposed by
a bishop under pain of suspension, obliges everywhere, both as to fault
and as to penalty.
518. As to the force of precepts: (a) morally or as to fault, they
oblige, so that the violator is guilty of disobedience and of sin
against any particular virtue the superior willed to impose under
precept; (b) juridically or as to the penalty prescribed, they do
not oblige, unless the precept was given legally--i.e., by a written
document, or in the presence of two witnesses, etc. (Canon 24).
Example: If a precept was given under the penalty of loss of office,
but without the legal formalities, the canonical process and sentence
of deprivation could not be resorted to.
519. A precept expires of itself with the expiration of the authority
that gave it (e.g., at the death or cessation of office of the
superior), unless the precept was given by document or before witnesses
(Canon 24).
520. A rescript is a written reply made by the Holy See or the
Ordinary to a request, statement, or consultation. Replies of this
kind are employed in reference to the concession of benefices and to
dispositions to be made concerning litigation and judicial procedure.
Usually they grant favors, either transitory--e.g., a dispensation--or
permanent--e.g., a privilege (Canons 36-62).
521. A privilege is a special and permanent right granted by a ruler to
an individual or community to act contrary to or beyond the law.
(a) It is a permanent right, and so resembles law, which is also stable
and forbids interference with what it grants.
(b) It is a special right, and so it differs from law, which is general
and imposes obligation. It is sometimes styled “private law.” Moreover,
law requires promulgation, privilege requires only acceptance.
(c) It is granted by the ruler (i.e., by the Pope, bishop, or other
legislator), and thus it differs from permission granted by a simple
superior.
(d) It is granted to a person, that is, to an individual (Titus, Caius,
Balbus, etc.) or to a congregation or community; for, if granted to
all, it would not be special.
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