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) An irritant law should be regarded as not obligatory _ipso facto_,
when the end of the law does not clearly demand obligation before
judicial declaration; for, as remarked above, the invalidation of an
act is something odious, and hence not to be taken for granted. Thus,
laws that void an act, contract or instrument on account of lack of
some legal form, do not affect the natural rights or obligations before
sentence.
560. Though the civil lawgiver has the right to annul certain acts, and
thus to extinguish moral rights or obligations that would otherwise
exist, laws seemingly irritant frequently have a different intention.
(a) Laws that make a claim unenforceable in court do not destroy the
natural right of the claimant. Example: The Statute of Limitations in
modern states generally bars the right to pursue a debtor in court
after six years; nevertheless, the moral obligation of the debtor
remains.
(b) Laws that make an act or contract voidable do not nullify, but only
grant to the person concerned the right to attack validity before the
courts. Hence, if the conditions for valid contract required by natural
law are present (knowledge, consent, etc.), moral rights and
obligations are not voided. Example: Under the civil law some contracts
made by minors may be retracted by them. But, as long as such a
contract is not disavowed, the other party has a moral right to insist
on its execution; if it has been ratified after majority, the former
minor has no moral right to seek the benefit of the law by asking for
rescindment.
561. With reference to penalty, four kinds of laws can be distinguished.
(a) Purely preceptive laws are such as oblige under pain of sin, but
not under pain of punishment. There are church laws of this kind (such
as the command to assist at Mass on Sunday), and there are also some
civil laws that do not oblige under penalty (e.g., statutes governing
the age for legal marriage, for, if a couple misrepresented their age,
they might be prosecuted for the misrepresentation, but not for the act
of marriage).
(b) Purely penal laws are such as oblige under pain of juridical fault
and punishment, but not under pain of sin (e.g., a law that punishes
negligence in driving as defined by itself, even though there be no
moral culpability involved).
(c) Mixed laws disjunctively are such as oblige under sin either to
obey the law or to suffer the penalty (e.g., a law that commands one
either to get a license before fishing or hunting, or to pay a fine if
caught doing these things without a license).
(d) Mixed laws conjunctively are such as oblige under pain of both sin
and punishment (e.g., the laws that forbid injustice and command the
punishment of transgressors).
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