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) Rights of a higher kind have preference over rights of a lower
kind. Therefore, the rights that arise from birth itself, or from the
fact that one is a human being (e.g., the right to life), are superior
to the rights that are acquired through some condition, such as
inheritance or contract (e.g., the right to property, etc.). Example:
Titus must get his child, who is in danger of death, to a hospital
without delay. Balbus is getting ready for a pleasure ride, but Titus
takes his car since there is no other ready means of getting to the
hospital. Titus acts within his natural rights, if the car is returned
safely and as soon as possible to the owner. According to civil law his
act would be technical larceny, but in view of the necessity courts and
juries would certainly not insist on the letter of the law.
(b) Inalienable rights (i.e., those which one may not renounce, because
they are also duties), such as the right to serve God, the right to
live, etc., are superior to alienable rights (i.e., those which one may
renounce), such as the right to marry, the right to own property, etc.
Example: One may surrender the right to drink intoxicants in order to
serve God or preserve one’s life.
293. The Basis of All Laws.--Prior to every other law and the ground
and principle of all laws is the Eternal Law; for, since this is the
plan of Divine Wisdom directing from eternity all acts and movements to
their particular ends and to the end of the universe, it follows that
all other laws are reflections of the eternal plan and realizations of
the divine decree. The Eternal Law differs from other laws in various
ways:
(a) as to duration. The Eternal Law existed before anything was made,
whereas all other laws begin to exist when they are promulgated;
(b) as to breadth of application. The Eternal Law regulates, not only
contingent things (such as actions) but also necessary things (such as
that man should have a soul, hands and feet); for all things created,
whether they be contingent or necessary, are subject to divine
government. Human laws, as is evident, cannot regulate what is
necessary (e.g., it would be foolish for them to decree that men must
or must not have souls);
(c) as to subjects. The Eternal Law rules, not only rational creatures
(i.e., angels and men), but also irrational creatures, such as matter,
plants, and animals. The former are ruled through commands, which
require that they direct themselves to their End; the latter are ruled
through the inclinations given them by God, which move them to the ends
He desires them to attain. Human laws cannot regulate the acts of
irrational creatures, for these creatures cannot understand a command
as such, and man cannot give them natural inclinations (e.g., it would
be foolish to make a law for cats against the catching of birds).
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