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
(a) Human liberties that are not inalienable may be limited by the law,
when the public good or the welfare of individuals requires this (see
292). Examples: The State has the right to regulate the acts of those
who are unable to take care of themselves in matters of importance; to
forbid what is detrimental to the common interest (such as hunting and
fishing at certain seasons), to protect the public when it neglects to
protect itself, etc. Uncalled-for interference by government with the
personal and private affairs of individuals--paternalism in
government--is of course to be avoided, for restriction of liberty is
something disagreeable and should not be resorted to without necessity.
(b) Human rights that are fundamental (such as the rights to live, to
marry, to rear a family, to be free, to pursue happiness) should not be
trespassed on by civil law. Thus, the State has no right to forbid
marriage to the poor, but on the contrary it has the duty to remove
conditions that cause poverty. But, when the common welfare demands the
sacrifice, the State has the right to call on citizens to expose even
life and fortune in its defense.
550. Those Subject to Civil Law.--Civil laws oblige all those who are
in any way subject to their authority.
(a) Citizens, when in the country, are bound by all the laws that
pertain to them; when outside the country, they are bound by some laws,
such as those that regulate their personal status and office, but not
by others, in particular such as are of a territorial character.
(b) Aliens are bound by the laws of the country that include them, such
as those that regulate public order and the making of contracts.
551. The Obligation of Civil Law.--Civil law, when it has all the
conditions of valid law, even if the legislator is non-religious or
anti-religious, is obligatory not only before the State, but also
before God (i.e., in conscience). This is; (a) by reason of the natural
law, of which it is a derivation (see above, 313); (b) by reason of
divine positive law, for it is frequently declared in scripture and in
the Church’s teaching and practice that lawful authority represents God
and must be obeyed for conscience’ sake: “Render to Caesar the things
that are Caesar’s” (Matt, xxii 21), “Be subject of necessity, not only
for wrath, but also for conscience’ sake” (Rom, xiii. 5).
552. Are subjects obliged to offer themselves for punishment prescribed
by law?
(a) If the fault committed was merely juridical (i.e., before the law),
the penalty is certainly not obligatory before sentence. Example:
Balbus through sheer accident, and without design or negligence, kills
a man. If involuntary homicide is punished by imprisonment, Balbus is
not bound to give himself up. English common law, it should be noted,
presumes a man innocent until proved guilty, and a man cannot be
convicted of any degree of homicide on his own confession alone. But he
may plead guilty to minor offenses.
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