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
(a) In certain cases one may take from the doubt of fact its bearing on
obligation, by recourse to the manifest will of the legislator as
declared in the law itself or expressed through dispensation. Examples:
While hearing confessions, Sempronius doubts whether his jurisdiction
has already expired. He cannot recall the date of expiration, but,
thinking the matter over, he sees that probably the date has not
arrived. His difficulty is therefore solved, for the Code (Canon 209)
supplies jurisdiction in cases of probability of fact. Titus and Caia
wish to marry. There is a doubt whether or not they are first cousins,
but it seems that probably they are not so related. Their difficulty is
solved by obtaining a dispensation.
(b) In other cases one may change the probability of fact into a
probability of law by recourse to a probable opinion or argument that
under the existing doubt of fact the legislator does not wish the law
to oblige. Examples: Titus, who has what is probably lawful food before
him, argues with himself that it is not likely that the Church wills to
put him to the expense, trouble, and loss of time required to order
other food. Fr. Titus, who has probably said Vespers, argues that
theologians of authority teach that, when there is a serious reason for
thinking one has performed such an obligation, it may be presumed that
the Church does not require more.
713. If a case of probability of fact on which obligation hinges cannot
be solved by recourse to the expressed or inferred will of the
lawgiver, one has no choice but to follow the safer side, for then,
though it is probable that a certain thing is a fact, it is not
probable that one has a right to act. Example: Sempronius, while
hunting, sees an object moving in the bushes. The probabilities are
that it is not a human being, but it is not probable that Sempronius
has the right to risk homicide by firing at it.
714. Not all Probabilists use the principle of the presumptive will of
the lawgiver for all cases of negative doubt; some employ different
principles for different kinds of doubt, and sometimes arrive at other
decisions than those given in the preceding paragraphs. Thus, they give
such rules as the following:
(a) In negative doubt of law regarding the lawfulness of an act, use
the principle that law or liberty should be followed according as one
or the other is in possession (see 660). Example: He who has only
slight reasons for thinking that a law exists, or that it is of grave
obligation, or that it extends to his case, etc., may decide against
the law. But he who has only slight reasons for thinking that a law has
been abrogated, or that a dispensation has been granted, etc., must
decide for obligation.
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