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
716. The claim of Probabilism is that, in all the cases given above, he
who follows an opinion excusing him from obligation, may act with a
practically certain conscience and be free of all moral guilt, if the
opinion is theoretically and seriously probable. The arguments for this
thesis are of two kinds: (a) extrinsic proofs, from the approval given
Probabilism by the Church and the favor it has enjoyed among moralists;
(b) intrinsic proofs, from the nature of law and obligation, and the
superiority of Probabilism in practice.
717. Extrinsic Arguments.--(a) The Church gave explicit approval to
Probabilism by praising the theological works of St. Alphonsus in which
Probabilism is defended; she gave and continues to give implicit
approval by the freedom she has granted to the teachers of this system
from the days of Bartholomew Medina, its first expounder (1527-1581),
down to the present. The Church even makes use of the principles of
Probabilism in interpreting her own laws, as is evidenced by such rules
of law as the following in the Decretals: “Things that are odious
should be understood strictly, things that are favorable widely” (Rule
15); “Where the law is doubtful, follow the minimum” (Rule 30); “Where
the lawgiver could have spoken more clearly, the interpretation should
be against him” (Rule 57); “The kinder interpretation should be given
penal laws” (Rule 89).
(b) In the Patristic and medieval periods Probabilism had not been
scientifically formulated, but many of the Fathers and early Doctors
solved cases probabilistically, and there are not a few passages in the
great theologians before the sixteenth century which enunciate the same
principles as those advocated by Probabilists. When the system was
formulated by Medina in 1577, it met with universal favor among
Catholic moralists, and, though it suffered an eclipse from the middle
of the seventeenth to the middle of the eighteenth century, it has been
growing in influence since the days of St. Alphonsus, and appears today
to have recovered its former preeminence. Among its adherents are some
of the greatest names in the history of theology, and it is not
confined to any particular school or body.
718. Objections of Equiprobabilists.--(a) The praise given to St.
Alphonsus by the Church reflects no glory on Probabilism, since the
Saint rejected Probabilism and professed Equiprobabilism. Further, more
than one Pope, and especially Innocent XI (1676-1689), has expressed a
dislike for Probabilism, while the silence of others does not mean more
than toleration. The legal axioms used by canonists apply to the
external forum, and cannot be used equally in the forum of conscience.
(b) Probabiliorism had the field before Probabilism, having been
formulated and defended before Medina appeared, and it is that more
ancient system that is represented today in a milder form as
Equiprobabilism.
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