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
(b) In negative doubt of law regarding the validity of a past act, use
the principle _that what was done is to be held as rightly done_.
Example: He who has no reasons, or only trifling ones, for thinking
that a Sacrament was not administered validly or received validly,
should decide for validity.
(c) In negative doubts of fact, use the principles that one should
judge according to what usually happens, or that facts must not be
taken for granted but must be established, or that presumption favors
that which has possession. Examples: If there is no good reason to
think that a conscientious person gave consent to a temptation, one may
decide for the negative, since that would usually be true. If there is
no good reason to think that one has made a vow, one may decide for the
negative, since the burden of proof is with the other side. If, in a
question about fast and abstinence, it is uncertain whether or not a
person has reached twenty-one years, or whether Friday has commenced,
the presumption is for the negative, since liberty has been in
possession; but if it is uncertain whether a person has reached the age
of sixty or whether Friday has ended, the presumption is for the
negative, since the law has been in possession.
715. Having discussed the cases to which Probabilism is not extended,
we pass on to the cases to which it is applied. Probabilism is used in
any and every case where speculative certainty as to what is lawful or
unlawful is not had, but where there is only speculative probability
against an opposite probability.
(a) Probabilism is used not only in probability of law, but also in
probability of fact that can be reduced to probability of law, as was
explained above (see 712).
(b) Probabilism is used in probability of law, whether or not the
question be about the existence or the cessation of the law. There is
probability against existence of law, when one has good reason to think
that a law was not made or not promulgated, or that the time when it
goes into force has not arrived, or that it does not apply to certain
persons or circumstances, etc.; there is probability for cessation of
law, when it is certain that a law did exist, but one has good reason
to think that it ceased or was abrogated, that one is excused or
dispensed from it.
(c) Probabilism is used in probability of law, whether the law in
question be natural, divine or human--that is, in every case of law
where invincible ignorance is possible (see 319 sqq., 356).
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