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
(e) A privilege gives the right to act contrary to the general law
(e.g., by exempting from a tax) or beyond the general law (e.g., by
granting the power to dispense). Thus, a privilege differs also from
prerogatives that are set down in the Code itself (e.g., the special
rights and faculties of Cardinals, bishops, regulars, etc.), all of
which are laws and not privileges in the strict sense.
522. The rules for interpretation of privileges are similar to those
for the interpretation of law (see 483 sqq.). They should be neither
extended nor restricted, but should be understood according to the
meaning of the words themselves (Canon 67), yet so that the party
receiving the privilege will seem to have obtained a favor (Canon 68).
If the meaning intended is doubtful, the following rules of the Code
(Canons 50, 68) should be followed: (a) wide interpretation is to be
given to the privileges that are beyond or outside of the law and that
are not prejudicial to others, as well as to privileges that were
given as a reward of merit; (b) strict interpretation is to be given
to privileges that are contrary to law (saving the cases of privileges
granted to pious causes or in favor of a community), to privileges
granted because of an agreement made, and to privileges that are
prejudicial to third parties.
523. A privilege is a favor, and hence does not as such impose the duty
of acceptance or use; but obligations owed to others often make it
necessary to avail oneself of a privilege (Canon 69).
(a) Prerogatives granted in the law cannot be renounced by individuals,
since their preservation is required by the common good. Example: A
cleric has no right to abandon an immunity which the law gives to his
state.
(b) Privileges granted to a community can be renounced by the
community, but not by its individual members. An individual member is
not bound, however, to use the privilege, unless there be accidental
reasons, such as the command of a superior, that require him to do so.
(c) Privileges granted to individuals need not be used by them, unless
there be accidental reasons that call on one to use a privilege.
Example: A priest who has the privilege of a private oratory is not
bound to establish such an oratory; but a priest who has the privilege
of absolving from reserved cases is bound in charity to use it, if a
penitent would otherwise suffer.
524. Dispensation differs from privilege: (a) because the former from
its nature is temporary, the latter permanent; (b) because the former
is always contrary to the law, whereas the latter may be only beyond
the law.
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