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) Probabilism does not apply to cases in which there is solid
probability for the less safe side, but one doubts whether one can
lawfully follow it; for it is always sinful to act with a doubtful
conscience (see 641 sqq.). Example: Caius has read in a reliable work
of theology that a person in certain circumstances, which are his own,
is probably excused from Mass. But the word “probably” makes him
uncertain whether he can follow this opinion.
709. For the above-mentioned cases, to which their principle does not
apply, Probabilists refer to the rules for a doubtful conscience (see
656 sqq.). The following special rules are given for cases of negative
doubt:
(a) If the doubt is one of law and insoluble, one is free to act; for
it is a general principle that an act may be considered lawful, as long
as there is no serious reason to the contrary. Example: Sempronius goes
out into the country on Sunday afternoon. An opportunity to fish
presents itself, but Sempronius begins to doubt whether there is or is
not a church law against fishing on Sundays. As no argument for either
side is known to him, he may act on the general principle that what is
not forbidden is lawful.
(b) If the doubt is one of fact and insoluble, and a prohibitory law is
involved, one is free to act; for it is commonly admitted that
legislators do not intend their prohibitions, which are restrictions of
liberty, to be interpreted with the utmost rigor. Example: Titus is
eating a chicken dinner late on Thursday night when his watch stops. As
he has no way of discovering the time, he does not know whether Friday
or the end of the dinner will arrive first. He may continue the meal,
making no undue delays.
(c) If the doubt is one of fact, and a preceptive law is in question,
one must take reasonable precautions to settle the doubt; for the
lawgiver wills that those who are subject to the law should make use of
the ordinary means to learn the facts on which obligation depends (see
above, 384). If the doubt remains insoluble, one may decide in favor of
liberty; for it may reasonably be presumed that the legislator does not
intend to obligate those whose obligation remains uncertain. Example:
Caius doubts whether he has reached the age of sixty, when the
obligation of fasting ends. He should try to discover his real age;
but, if he can find no real proofs either for or against the age of
sixty, he may decide in favor of sixty, if there are some indications
that he is of that age.
710. The solutions given above for cases of negative doubt suppose that
there is no other or higher law that forbids one to take the risk of
deciding in favor of liberty. Hence, in the following instances one
must decide against liberty:
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