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
(c) Light presumption occurs when the reasons are so slight, that they
hardly ever suffice to permit us to infer a given fact from them.
Example: If we suppose that Caius was dilatory in paying debts, and
that he has no better indication of payment having been made than the
fact that Titus gave him a cigar about the time of their business
transaction, there is little presumption that the debt was paid.
659. Reflex principles that may be used to settle negative doubts about
the quality of an act performed are the following:
(a) If there is an individual presumption, the quality of the act may
be inferred from what usually happens. Example: Sempronius cannot
remember whether a certain good work he undertook was prompted by zeal
or ambition. But, as he usually tried to keep his motives pure, it may
be concluded that the work in question proceeded from a right intention.
(b) If there is no individual presumption, the quality of an act may be
settled from general presumptions or principles. When the act was
according to law, and the doubt concerns its validity or sufficiency,
one may take it that all was rightly done; for it usually happens that
he who complies with the substance, also complies with what is
accessory. Moreover, the welfare of the public and of individuals
require that an act done outwardly according to law should be deemed as
rightly performed unless the contrary can be proved. Hence the rules:
“In doubt decide for the validity of what was done”; “What has been
done is presumed to have been rightly done.” Examples: Caia cannot
remember whether she really consented when she married Titus.
Sempronius cannot remember whether he had sufficient attention in
hearing Mass on Sunday. The presumptions are that Caia married validly
and that Sempronius heard Mass properly, if they acted in good faith.
660. Reflex principles that may be used to settle negative and
invincible doubts concerning law or obligation are the following:
(a) If no serious reasons can be found to prove or disprove the
existence of a law, or its gravity or application to a present case,
use may be made of the principle: “Invincible ignorance of the law
excuses from sin.” Example: Titus on an ember day consults all the
sources of information he has to discover whether it is a fast day; but
all he can learn is that some vigils are fast days, others are not.
(b) If no serious reasons can be found to prove or disprove that a law
bears a certain meaning, recourse may be had to such principles as the
following: “A law obliges only in so far as it is knowable”; “The
interpretation may be made against the legislator who could have spoken
more clearly”; “Things burdensome to the subjects of the law should be
construed narrowly; things favorable, broadly.” Example: Caius, who
supervises workingmen, has no notion regarding the meaning of the word
“workingman” as used in an indult on fasting--viz., whether it applies
to supervisors of work or exclusively to laborers.
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