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) The principle of possession invoked by Equiprobabilism applies to
matters of justice, because there is a presumption that he who holds
property has a right to it, and also because human laws must favor him
who is in possession, lest property rights be left uncertain and
disputes be multiplied. The principle of possession does not apply,
however, to other matters; if the law obliged one yesterday, how can
that create a presumption that it obliges one today, if one has good
reasons for thinking the obligation has ceased? And as for human
ordinances, while they have jurisdiction over external goods and may
award them in case of doubt to the possessor, they have not, and have
never claimed, the right to make the principle of possession a rule for
solving all difficulties about duty.
The principle of Probabiliorism for which the Equiprobabilists claim
the authority of judicial practice certainly does not apply to criminal
cases, for in these preponderance of evidence against an accused is not
to be followed if there is a reasonable doubt. In civil cases judges
apply the principle of probabiliorism, but it does not follow that
conscience should do the same, for the circumstances are different. The
judge is seeking to decide which of two litigants has the more likely
claim, and hence he is bound to declare for the side that has stronger
evidence. Conscience is seeking to decide whether an obligation is
certain or uncertain, and hence it is not obliged to decide for
obligation when this is more probable, but still not certain.
698. Answer of Equiprobabilists to this Criticism.--(a) Granted that
St. Alphonsus once held Probabilism, he rejected it later emphatically,
and when dying declared that his former defense of Probabilism was the
only thing that gave him anxiety.
(b) Equiprobabilism is further removed from Rigorism than Probabilism
is from Laxism. It hears both sides of the question--that for liberty
and that for law--before it decides. Probabilism is satisfied to hear
one side, that for liberty; or at least it does not compare the two
sides.
(c) The principle of possession is applied more strictly in cases of
justice; for, since justice implies a more exact equality and a more
rigorous right than other virtues (see 154), disputes in matters of
justice demand stronger proofs. But every virtue renders to someone his
due, and hence there is no reason why principles applicable to justice
should not be applicable to other virtues also. The principle of
Probabiliorism, likewise, is just as applicable to the court of
conscience as to the civil court, since in both courts the aim is to
get the truth as nearly as possible.
Public-domain text, read in full here on John Shaqi.
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