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
562. There is no question about the existence of laws of the first and
fourth classes just described, but some authorities argue against the
existence of the other two classes, maintaining that a law that does
not oblige in conscience is an impossibility. They argue: (a) the
teaching of scripture and of the Church supposes that all just laws
oblige in conscience; (b) the lawgiver holds the place of God, and
hence one cannot offend against the law of man without offending God;
(c) human law, being only a reaffirmation or determination of the
higher law, obliges in conscience like the law on which it is based;
(d) directions of a superior that do not oblige under sin are counsels
rather than laws.
563. To these and similar arguments the defenders of the existence of
penal laws reply: (a) such laws do not oblige in conscience, under pain
of sin and of offense to God, to do or to omit as the law prescribes,
just as a vow which gives one the option of not playing cards, or else
of giving each time an alms, does not bind one in conscience not to
play cards; (b) but those laws do oblige one in conscience to respect
their juridical value, not to resist their enforcement, and to pay the
penalty of violation, just as the vow mentioned obliges one in
conscience to give an alms each time one plays cards. The Church
recognizes penal laws (see 450), and there is no reason why civil law
may not be penal.
564. Even when the transgression of a purely penal law is not sinful by
reason of the civil law, it will frequently, if not usually, be sinful
by reason of repugnance to the law of God. Thus: (a) the transgression
will be sinful, if there is a wrong intention (such as contempt for the
law) or wrong circumstances (such as culpable neglect or some
inordinate passion); (b) the transgression will be sinful, if one
foresees or should foresee evil consequences, such as scandal (see 96).
565. It is generally admitted that some civil laws are purely penal,
since they impose penalties for fault, negligence, or responsibility
that is only juridical at times. Examples: A law that imposes a fine on
all motorists caught driving over a certain speed limit, even though
they be free of moral guilt; or that makes the owner of a car pay
damages for injuries caused while it was used by his chauffeur.
566. Even these laws oblige under sin to some extent. (a) The
transgressor is morally bound to the penalty prescribed by law, after
sentence has been passed; and such penalties are just, for the common
good requires them. Example: The speed violator is held to pay the
lawful fine when it has been imposed. He may have been guiltless of
sin, but the fine makes him more careful the next time. (b) The
officers of the law are morally bound to apprehend and convict
transgressors.
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