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
286. Division.--According as the immediate lawgiver is God or man, laws
are divine or human. Divine laws are threefold: (a) the eternal law is
the ordinance of the divine mind which from eternity has directed the
motions and actions of all creatures for the common good of the
universe; (b) the natural law is the light of man’s reason as an
impression and reflection of the eternal law; (c) the positive divine
law is that which God of His free will has added to the natural law,
viz., the Mosaic law under the Old Testament and the law of the Gospel
under the New Testament.
287. Human laws are ecclesiastical or civil according to the authority
from which they originate.
288. Collision of Laws.--Not infrequently it happens that opposite laws
seem to call for fulfillment at the same time, as, when in case of
unjust attack it seems that one is bound to defend oneself and bound
not to injure the other party. Hence arises a conflict of obligations
and rights. But the difficulty is only apparent; for, since God is a
just and wise lawgiver, He does not intend either that one should be
held to impossibilities, or that a superior obligation should yield to
one that is inferior. Hence, the rule in such cases of apparent
collision of laws is:
(a) if a person can recognize which of the two obligations is superior,
he is bound to follow that one; (b) if he is unable to discover after
careful examination which obligation has the greater claim, and must
decide at once, he may decide for the law whose observance seems to him
safer; or, if he sees no difference as regards safety, he may decide
for either as he wishes. If the decision is wrong, the error is
involuntary, and hence not imputable as sin.
289. When the contending precepts belong to different categories of
law, the higher law must be followed. (a) The natural law has
precedence over the positive law, divine or human. For example, the
natural law of self-preservation allowed David to eat the loaves of
proposition, a thing forbidden by the positive divine law. The same law
of self-preservation allows a starving man to take what does not belong
to him according to human laws, if it is necessary for his life. The
same law of self-preservation excuses one from assisting at Mass, if
one is very ill.
(b) The positive divine law has precedence over human law. Example: The
command of Christ to his Apostles to preach His Name was to be obeyed
rather than the command of the Sanhedrin to the contrary (Acts, v. 19).
(c) The ecclesiastical law has precedence over civil law, for the end
of the Church is higher than that of the State, and the Church’s
judgment about the means to her end should prevail.
290. The precedence of ecclesiastical over civil law does not mean that
the Church has the right to interfere in matters that belong to the
jurisdiction of the State, or that the Church should insist on settling
every dispute by its own action alone.
Public-domain text, read in full here on John Shaqi.
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