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 principle given above is to be accepted regularly speaking, for
there may be cases in which the acceptance of the people is required by
law itself. Example: Under former civil constitutions, if in a certain
place a lawful custom was in force, a contrary law which did not
expressly abolish the custom did not oblige unless accepted. But this
example is theoretical, for modern civil codes do not recognize the
derogatory force of custom. If the constitution of the state calls for
a referendum or plebiscite (i.e., submission to the electors for
ratification), then the bill passed by the legislature or a measure
proposed by the initiative body lacks force until accepted. This
illustrates acceptance of a proposed law, but the acceptance is
supplemented by some ministerial act.
(c) The principle given above is to be understood of the taking effect
of a law, for the continuance of a law may depend on the acceptance of
the people in the sense that a contrary custom of the people is able to
abrogate law, if the superior consents (see 500 sqq.). Few codes of
modern states give legal force to popular custom; they suppose that, if
a law is not satisfactory to the people, the way is open to its repeal
through exercise of the suffrage. But, morally speaking, there is no
obligation to obey a law that has fallen into desuetude.
545. As to laws made by one who has no lawful authority, we should
note: (a) of themselves, they have no binding force, since law is an
act of authority; (b) from the necessities of the case, they are
obligatory, if, being otherwise just, they are accepted by the great
body of the people; for to resist them then would be prejudicial to
public order.
546. Subject-Matter.--The objects or classes of temporal goods that
fall under the regulation of civil law are many:
(a) external goods, or goods of fortune, which should have the
protection of the State; and the laws regarding them should promote
agriculture, commerce, industry, the arts, etc.;
(b) the goods of the body, which are more important still, and hence
the law should favor the family and the increase of its members, and
should provide for the health and well-being of the citizens by
sanitary regulations and measures of relief for the needy, the
unemployed, the orphans, and the aged;
(c) the goods of the mind, which are necessary for progress and
happiness, and hence the law should provide the means for instruction
in the secular arts and sciences and for the general diffusion of
useful knowledge;
(d) the goods of the will (i.e., virtue and morality), which are most
important both to the individual and the community, and hence the law
must safeguard public decency and sobriety, and restrain and punish the
opposite crimes and vices;
(e) the social goods of the people, which are promoted by wise
legislation concerning the form and administration of government, the
mutual duties and rights of citizens, the protection of the State and
of its members, etc.
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