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) Subtractions from Natural Law cannot be made by any human
authority, for God has not delegated His power of dispensing which He
has as supreme owner of all things. Examples: No human authority could
authorize a father to sacrifice his innocent son, nor permit a servant
to carry away the effects that belong to his employer.
314. Apparent Cases of Dispensation from Natural Law made by Human
Authority. (a) The Church frees from the obligation of vows, contracts
and promissory oaths, from impediments to marriage, from espousals,
etc. In so doing, however, she does not dispense from the Natural Law
that vows, contracts, etc., should be fulfilled, but only declares in
the name of God that the subject-matter of an obligation contracted by
act of man’s will has become unsuitable for vow, contract, etc., and
hence is no longer comprehended under the law.
(b) Societies or private individuals can free from the obligation of
paying or returning to them what they have a right to, as when a
creditor forgives a debt, or an owner permits a thief to keep what he
stole. In so doing, however, they do not dispense from the law of
nature that one should pay one’s debts and not keep ill-gotten goods;
they only change the quality of the things in question so that they
cease to be due another or ill-gotten, and hence no longer fall under
the law. This differs, too, from the dispensation that God can grant;
for He can transfer rights without the consent of the immediate owner
(see 310).
315. Interpretation--that is, explanation of the law which indicates
whether or not it obliges in a particular case--may be applied to the
Natural Law as follows:
(a) Interpretation which explains the intention the lawgiver had in
making the law and the sense he gave to the words of the law (verbal
interpretation), may be made when either a law itself is not entirely
clear, or some person is not clever enough to see its meaning. Example:
The commandment, “Thou shalt not kill,” needs to be interpreted, for it
does not forbid every kind of killing.
(b) Interpretation which explains the intention a lawgiver would have
had, had he foreseen a particular case in which his law would be
harmful, and which therefore sets the will of the lawgiver against the
words of the law (emendatory interpretation, _epieikeia_), may not be
applied to the Natural Law; for God, unlike human legislators, foresees
things not only in general, but also in particular, and hence there is
no room for correction or benign interpretation of natural laws.
Example: Titus, who was a chronic invalid, committed suicide in order
that his family might be freed from distress. He argued that the Fifth
Commandment did not foresee the difficulties of earning a living under
modern conditions, and that his sacrifice would be pleasing to God.
Titus did not reason well, for suicide is forbidden for motives that
apply universally (e.g., that society, and especially one’s family, are
injured by the act of suicide).
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