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) If the fault committed was theological (i.e., before God) and the
penalty is primitive (i.e., the loss of some right or privilege), the
penalty is obligatory in conscience. In Canon Law such penalties are
sometimes _ipso facto_, that is, before sentence (e.g., suspension of a
cleric); but the civil law, it seems, imposes penalties only after
judicial declaration. Example: Titus on account of bribery has
forfeited the right to vote; but he has not been declared guilty by
court, and hence may continue to use the right of suffrage.
(c) If the fault was theological and the penalty incurred is active
(e.g., exile, imprisonment, fine), the penalty is not obligatory before
sentence; for it would demand too much of human nature to require that
one deliver oneself up to exile, accept confiscation, etc. The
apprehension and detention of the guilty is imposed by law as a duty on
the police and other officers, not on the guilty.
553. The kind of obligation imposed depends on the will of the
lawgiver: (a) he can oblige under pain of sin, or under pain of nullity
or punishment; (b) he can oblige under pain of grave sin, or under pain
of venial sin.
554. Generally speaking, the legislator is held to oblige under pain of
sin in the following cases: (a) when the law is a just determination of
the natural law (e.g., the laws that determine ownership); (b) when the
law is directly concerned with and necessary to the public good (e.g.,
laws on national defense in time of war, laws that impose necessary
taxation, etc.; see above, 379).
555. The legislator is held not to oblige under sin in the following
cases: (a) when the law is enacted as penal, or is prudently regarded
as such--as is the case with laws that are of minor importance or that
can be enforced without a moral obligation--laws useful rather than
necessary; (b) when the law is merely irritant or inhabilitating, the
subject is not obliged to omit the act invalidated, but only to suffer
the consequence of nullity before the law.
556. In doubt as to the obligation of a law, what is the duty of the
subject? (a) If there is doubt concerning its justice, the subject can
always observe it with a safe conscience. One may obey an unjust law,
until it is judicially declared unjust, if it is not manifestly opposed
to divine or human rights. (b) If there is doubt whether a law obliges
under sin or not, the subject does not sin directly by non-observance
(see 375, 376, 377, 561).
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