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
567. Many civil laws are commonly regarded nowadays as disjunctively
preceptive or penal; and, since the custom of the prudent affords a
good norm of interpretation (see above, 484 sqq., 506 sqq.), this
common view is a safe guide, Example: Even conscientious persons do not
feel that they have committed a sin if now and then they run a car
without a license, or fish in a government reservation without the
permit required by law, when there is no danger or damage to anyone.
568. Whether most modern legislatures intend practically all or the
great majority of their laws that are not declarations of natural law
or provisions essential to public welfare to be purely penal or only
disjunctively preceptive, is a disputed question. For the affirmative
view it is argued:
(a) Moral obligation is not necessary, since the enforcement of the law
is well taken care of by the judiciary and the police;
(b) Moral obligation would be harmful, for the laws that are put on the
statute books every year, along with those already there, are so
numerous that, if all these obliged in conscience, an intolerable
burden would be placed on the people;
(c) Moral obligation is not intended, for legislatures as bodies either
despise or disregard religious motives when framing laws; and so many
jurists today believe that the danger of incurring the penalty
prescribed by the law is the only obligation the lawgiver intends to
impose, or that moral obligation must come from conscience (i.e., be
self-imposed);
(d) Moral obligation is not admitted by custom, the best interpreter of
law, for most citizens today regard civil legislation as not binding
under sin.
569. Opponents of the view just explained answer:
(a) The prevalence of crime and the ineffectiveness of the courts in so
many places prove the need of moral obligation of civil laws; and, even
if the laws are well enforced, this will scarcely continue, if respect
for them is lowered;
(b) Though there is an excess of legislation, it is not generally true
that the individual citizen is burdened in his daily life by a
multitude of laws;
(c) Lawmakers today are not more irreligious than the pagan rulers to
whom the scriptures commanded obedience; and, even though they do not
themselves believe in religion or the obligation of conscience, they do
intend to give their laws every sanction that the common good requires,
and thus implicitly they impose a moral obligation wherever the
contrary is not manifest;
(d) The statement that the majority of the people in modern states
regard the civil legislation as a whole as not obligatory in conscience
may be passed over, as there is no proof for it. Moreover, the
customary interpretation of the citizens does not make penal the laws
which the elected representatives intended as preceptive, without the
consent of the latter (see 394).
570. Signs that a law is merely penal are the following:
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