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
657. Reflex principles by the aid of which a negative doubt may be
solved, when the question is about the existence or non-existence of
some fact connected with obligation, are the following:
(a) If the fact at issue is one about which presumption may be had from
general or personal experience, the doubt may be settled by the
principle: “In uncertainty decide according to what usually happens.”
Examples: Titus is uncertain whether his boy of seven years has the use
of reason and is bound to go to Mass. As a rule, children attain
discretion at the age of seven; and hence Titus should take his boy to
Mass. Fr. Caius is uncertain whether he has said Terce. His experience
is that such uncertainties on his part have always been baseless in the
past; hence, he may consider that he has said Terce as usual.
(b) If the fact at issue is one about which no presumption is afforded,
either from general or personal experience, recourse may be had to the
principle: “A fact should not be taken for granted, but must be
proved.” Examples: Sempronia doubts whether her practice of saying the
Rosary daily was the result of a vow; but, as there is no proof or
circumstantial evidence of a vow, it may be held that her practice
originated in a resolution. Caius, a stranger, claims that Titus owes
him for an unpaid debt of his father. Titus knows nothing of the
alleged debt, and the only substantiation for its existence is the word
of the stranger. Titus is not obliged to pay.
658. Presumption of a fact is of three kinds according to Weight:
(a) Violent presumption is based on indications so significant or
numerous that it leaves only slight room for evasion. This kind of
presumption suffices, but is not essential in solving doubts. Example:
Caius has no direct proof or disproof that he paid Titus in a certain
business transaction, because all the papers have been lost. But he
remembers distinctly that he drew the money and went personally to the
office of Titus on the day payment was to be made, and that the latter,
up to the time of his death several months later, always acted as if
full settlement had been made.
(b) Strong presumption is based on circumstances or signs so moving
that they permit one to infer a fact as being their natural or usual
accompaniment or result. This kind of presumption suffices in solving
the doubts we are considering. Example: If Caius, spoken of above, has
no individual recollection of any circumstances bearing on the payment
of his debt to Titus, but knows that it was his invariable custom to
pay all his debts promptly, the presumption that he paid this debt is
strong.
Public-domain text, read in full here on John Shaqi.
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