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
557. Special Kinds of Laws.--Laws that determine ownership are those
that define in distinct and explicit terms the rights of citizens as to
property, in such matters as goods lost or found, prescription,
inheritance, copyright, distribution of property of intestates, rights
of wives, capacity of minors, contracts, etc. It is commonly held that
these laws are obligatory under sin, even before judicial decision: (a)
because they are determinations of the natural law made by the
authority that represents God in matters temporal; (b) because they are
necessary for the peaceful existence of society.
558. Irritant or voiding laws are those that deprive certain acts of
legal value. The common welfare requires that certain acts, even if
valid naturally, may be made invalid by the State (e.g., contracts
entered into by minors, donations made under fear, wills devised
irregularly), and hence there is no doubt that the effect of
invalidation can be imposed under pain of sin.
(a) This holds even before judicial decision, if it is clear that the
lawgiver ought to intend and does intend to deprive an act of its moral
validity from the beginning. Example: If a lawsuit would put one party
(e.g., a minor) under great disadvantage, the law can irritate a
contract in conscience and before judgment is rendered.
(b) An irritant law does not oblige under sin before declaration of
nullity, if it is not clear that the legislator intended this; for it
can be presumed that the State is content with external means as long
as these are sufficient for its ends; and, since invalidation of acts
is odious, it calls for certain expression of his intention by the
lawgiver. But after sentence has been given, that which is civilly null
is also null morally. Hence, if the courts declare a will to be of no
effect, because it was not drawn legally, the decision is binding under
sin.
559. Civil lawgivers in modern times do not, as a rule, concern
themselves with moral or natural obligation as such, but rather
consider only what regulations will best promote the peaceful
intercourse of society. Hence, the question whether a civil irritation
obliges in conscience ipso facto (i.e., before judicial declaration of
a case) has to be decided generally, not from the words, but from the
purpose of the law.
(a) An irritant law should be regarded as obligatory _ipso facto_, when
the general purpose of law (viz., the common good) or the specific
purpose of this law requires that there should be obligation in
conscience even before a court decision. Examples are laws irritating
agreements to do what is illegal, laws whose purpose is to protect
minors or others who would be at a disadvantage in case of litigation,
or to lessen the number of cases before the courts.
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