MORAL THEOLOGY
A Complete Course Based on St. Thomas Aquinas and the Best Modern Authorities

BY
JOHN A. MCHUGH, O.P.
AND
CHARLES J. CALLAN, O.P.

REVISED AND ENLARGED BY EDWARD P. FARRELL, O.P.

NEW YORK CITY
JOSEPH F. WAGNER, INC.
LONDON: B. HERDER

Nihil Obstat
ELWOOD FERRER SMITH, O.P., S.T.M.
BENJAMIN URBAN FAY, O.P., S.T.LR.

Imprimi Potest
VERY REV. WILLIAM D. MARRIN, O.P., P.G., S.T.M.
Provincial

Nihil Obstat
JOHN A. GOODWINE, J.C.D.
Censor Librorum

Imprimatur
+ FRANCIS CARDINAL SPELLMAN
Archbishop of New York

New York, May 24, 1958

The nihil obstat and imprimatur are official declarations that a book or pamphlet is free of doctrinal or moral error. No implication is contained therein that those who have granted the nihil obstat and imprimatur agree with the contents, opinions or statements expressed.

[Transcriber’s note: References to the Code of Canon Law in this work are to the 1917 version of the Code, later superseded by the 1983 version.]

PREFACE

The purpose of the present work is to give a complete and comprehensive treatise on Catholic Moral Theology, that is, on that branch of sacred learning which treats of the regulation of human conduct in the light of reason and revealed truth. This new work strives to deal with the subject as a systematic and orderly whole, and is based throughout on the principles, teaching and method of St. Thomas Aquinas, while supplementing that great Doctor of the Church from the best modern authorities. Needless to say, there are many questions and problems connected with modern life that did not exist when the great classic works on Moral Theology were written, and to these naturally special attention has been given in the treatment that follows.

Nowadays, since the appearance of the New Code and of many special works on Canon Law, it would be a mistake to encumber the pages of a work like the present one with canonical questions of interest only to the specialist, and which are ably and abundantly treated in fine commentaries on the Code that are already available. Likewise, it would be an error to treat here matter pertinent only to Dogmatic Theology or History. All digressions, therefore, into alien fields have been avoided in this work, with the result that a greater number of useful moral questions have been herein considered.

But not only is it necessary to avoid irrelevant subjects, but it is also needful not to sacrifice essentials for accidentals in any work of this kind. It is the fault of too many textbooks on Moral Theology to stress controversies, cite authors, and quote opinions, at the expense of the principles and reasons that govern and explain the teaching given. This work eschews that method, and is at pains everywhere, first of all, to lay the foundations on which the superstructure is to be built, namely, the definitions and rules that are presupposed to moral judgments and conclusions. Obviously, this is a more logical way of proceeding, and it consequently enables the student much more easily to understand and retain the matter studied, since he can thus reason questions out for himself. Moreover, such a method makes for brevity and renders it possible, as said above, to treat more subjects than could otherwise be treated; it makes it possible to condense the matter of many pages of larger and less accessible works into brief and terse paragraphs. But from this it should not be gathered that the work which follows aims to present Moral Theology in a dryly scientific fashion. On the contrary, it has been our endeavor to treat the matter in a way that is at once clear, solid, comprehensive and interesting. Since the general and the abstract do not make the same strong impression as the particular and the concrete, laws and axioms are copiously illustrated throughout with pertinent and practical examples that often amount to brief _casus conscientiae_, thus combining the theory and the practice of Moral Theology.

It would be a mistake to think that, while Moral Theology is a technical and scientific treatise on human conduct, it deals exclusively or primarily with vice and sin, and that it is intended only to enable the priest rightly to administer the Sacrament of Penance, distinguishing between the various classes of sins and their consequences. Of course, it does all this, but it should do much more; for it has also a much higher purpose, which is to enable man, not only to know what is forbidden and how he may escape from moral disease and death, but also to understand what are his duties and how he may live the life of grace and virtue. The subject is indeed more positive than negative, and it should be discussed accordingly. Thus, far from being useful merely to confessors as a guide by which they may detect and distinguish mortal and venial sins and the higher and lower degrees of culpability, Moral Theology in its broader aspect should be of the greatest service likewise to the individual in forming his own habits and character, and in particular to those who have the guidance of others, whether in or out of the confessional, such as pastors, preachers, teachers, and the like. Consequently, the present work has been written with a view to the homiletic and pastoral functions of the priest, as well as those that pertain strictly to the administration of the Sacraments.

Heretofore works on Moral Theology in English have been altogether too few or too fragmentary, whereas they have been abundant in the vernaculars of Continental Europe—German, French, Spanish, Italian, etc. This does not mean that the present work is intended to replace the Latin text-books used in our seminaries, but rather that it should enable students and priests to get a more thorough and ready knowledge of an all-important subject, and to adapt it more easily to the varying needs of the ministry.

The section of this work on Law has been carefully read by two eminent civil lawyers.

THE AUTHORS. May 10, 1929.

REVISOR’S NOTE

This is a revision, not a rewriting. Various deletions and additions have been made with the intent of bringing the work up to date within the scope of the original plan and methods of the authors. In this way it has been possible to preserve the features that have made this manual a standard guide for the past thirty years.

EDWARD P. FARRELL, O.P., S.T.LR., S.T.D. Washington, D.C., June 8, 1958

[Volume I of print edition, through section 1625]

PREFACE

INTRODUCTION

Definition of Moral Theology (1-3).—The Objects of Moral Theology (4-5).—The Sources of Moral Theology (6-12).—The Methods of Moral Theology (13-14).—The History of Moral Theology (15-16).—The Division of Moral Theology (17-18).

PART I. GENERAL MORAL THEOLOGY

Question I

THE LAST END OF MAN AND THE MEANS TO THAT END

Art. 1. THE LAST END OF MAN

The Existence of the Last End (19).—The Nature of the Last End (20).—The Attainment of the Last End (21).

Art. 2. ACTS AS HUMAN

Introduction (22).—Definition (23).—Knowledge Requisite for a Human Act (24-33).—Consent Requisite for a Human Act (34-39).—Obstacles to Consent (40-55).—Two Kinds of Voluntary Acts (56-62).

Art. 3. ACTS AS MORAL

Introduction (63).—-Definition (64-69).—The Sources of Morality (70-75).—Good Acts (76-78).—Bad Acts (79-81).—Indifferent Acts (82-86).—Perfect and Essential Goodness (87-88).—Morality of the External Act (89-93).—Morality of the Act Indirectly Willed (94-95).—Morality of the Consequences of an Act (96).—Imputability (97-105).

Art. 4. ACTS AS MERITORIOUS

Introduction (106).—Definition (107).—Divisions of Merit (108-115).

Art. 5. THE PASSIONS

Introduction (116).—Definition (117).—Division (118-120).—Moral Value of the Passions (121-131).

Question II

GOOD AND BAD HABITS

INTRODUCTION (132)

Art. 1. HABITS IN GENERAL

Definition (133).—Division (134-136).—Strengthening and Weakening of Habits (137-139).—Habits and Morality (140-141).

Art. 2. GOOD HABITS, OR VIRTUES

Definition (142).—Division (143-152).—Properties of the Virtues (153-158).—Complements of the Virtues (159-166).

Art. 3. BAD HABITS, OR VICES

Definition (167).—Divisions (168).—Mortal Sin (169-179).—Venial Sin (180-184).—Imperfections (185).—Change in the Gravity of Moral Defects (186-196).—The Distinctions of Sins (197-219).—Comparison of Sins (220-229).—The Subjects of Sins (230-245).—The Causes of Sin (246-267).—The Motives of Sin (268-271).—The Results of Sin (272-283).

Question III

LAW

INTRODUCTION

Art. 1. LAW IN GENERAL

Definition (285).—Division (286-287).—Collision of Laws (288-292).—The Basis of All Laws (293-294).

Art. 2. THE NATURAL LAW

Meaning (295-296).—Division (297-304).—Properties (305-327).

Art. 3. THE POSITIVE DIVINE LAW

Meaning (328-330).—Division (331).—The Mosaic Law (332-345).—The Law of the New Testament (346-369).

Art. 4. HUMAN LAW

Definition (370).—Division (371).—Qualities (372-374).—Obligation of Human Laws (375-384).—Interpretation of Law (385-386).—Those Subject to Law (387-388).—Change of Law (389-390).—The Law of Custom (391-400).—Dispensation (401-410).—Epieikeia (411-417).

Art. 5. ECCLESIASTICAL LAW

Introduction (418-419).—General Law of the Church (420-422).— Lawgivers in the Church (423-424).—Subject-Matter of Church Law (425-426).—Those Bound by General Laws (427-434).—Those Bound by Particular Laws (435-446).—Promulgation (447-449).—Irritant Laws (450-458).—Laws Based on Presumption (459-461).—Fulfillment of Law (462-482).—Interpretation (433-486).—Cessation of Obligation (487-499).—Cessation of Law (500-505).—Custom (506-513).—Laws in a Wide Sense (514-541).

Art. 6. CIVIL LAW

Meaning (542).—Origin (543-545).—Subject-Matter (546-549).—Those Subject to Civil Law (550).—The Obligation of Civil Law (551-556).— Special Kinds of Laws (557-572).—Other Questions (573).

Question IV

CONSCIENCE

INTRODUCTION (574)

Art. 1. THE LAW OF CONSCIENCE

Definition (575).—Division (576-579).—Obligation of Conscience (580-587).—Results of Conscience (588-592).

Art. 2. A GOOD CONSCIENCE

Introduction (593).—Definitions (594).—Divisions (595-596).—The Lax Conscience (597-606).—The Scrupulous Conscience (607-613).— Scrupulosity (614-635).—Practical Conclusions (636-639).

Art. 3. A CERTAIN CONSCIENCE

Introduction (640).—Necessity of Certitude (641-642).—Kinds of Certitude (643-653).—An Uncertain Conscience (654-655).—Doubt and Suspicion (656-661).—Opinion (662-671).—The Moral Systems (672-675).—Tutiorism (676-679).—Laxism (680-681).—The Other Systems (682).-Probabiliorism (683-687).—Equiprobabilism (688-700).— Probabilism (701-730).—Compensationism (731-738).—Practical Conclusions (739-742).

PART II. SPECIAL MORAL THEOLOGY

INTRODUCTION (743)

Question I. THE DUTIES OF ALL CLASSES OF MEN

THE INFUSED VIRTUES (744-745)

Art. 1. THE VIRTUE OF FAITH

Introduction (746-749).—The Meaning of Faith (750-753).—The Object of Faith (754-781).—The Acts of Faith (782-796).—The Habit of Faith (797-807).—The Gifts of Understanding and Knowledge (808-811).

Art. 2. THE SINS AGAINST FAITH

Introduction (812).—The Sin of Unbelief (813-825).—Heresy (826-834).—Apostasy (835-839).—The Sin of Doubt (840-846).—Credulity and Rationalism (847).—Dangers to Faith (848).—Dangerous Reading (849-866).—Dangerous Schools (867-874).—Dangerous Marriages (875-881).—Dangerous Communication (882-888).—The Sin of Blasphemy (887-903).—Sins of Ignorance, Blindness, Dullness (904-912).

Art. 3. THE COMMANDMENTS OF FAITH

Introduction (913).—The Commandment of Knowledge of Faith (914-924).— The Commandment of Internal Acts of Faith (925-937).—The Negative Commandment of External Profession of Faith (938-943).—Dangers of Profession of Unbelief (944).—Forbidden Societies (945-955).— Communication in Worship (956-975).-Cooperation in Religious Activities (976-986).—The Affirmative Commandment of External Profession of Faith (987-1008).

Art. 4. THE VIRTUE OF HOPE

Definition (1009-1017).—The Object of Hope (1018-1026).—The Excellence of Hope (1027-1035).—The Subject of Hope (1030-1040).—The Gift of Fear of the Lord (1041-1058).—The Sins against Hope (1059-1091).—The Commandments of Hope and of Fear (1092-1104).

Art. 5. THE VIRTUE OF CHARITY

Definition (1105-1114).—The Excellence of Charity (1115-1120).— Production of Charity (1121-1132).—The Object of Charity (1133-1157).—The Order of Charity (1158-1182).—The Acts of Charity (1183-1192).

Art. 6. THE EFFECTS OF CHARITY

Internal Effects of Charity (1193).—Joy (1194).—Peace (1195-1197).— Reconciliation (1198-1204).—Mercy (1205-1209).—External Effects of Charity (1210).—Beneficence (1211-1215).—Almsgiving (1216-1257).— Fraternal Correction (1258-1294).

Art. 7. THE SINS AGAINST LOVE AND JOY

Introduction (1295).—Hate (1296).—Hatred of God (1297-1303).—Hatred of Creatures (1304-1311).—Gravity of the Sin of Hatred (1312-1316). —Species of the Sin of Hatred (1317-1319).—The Sin of Sloth (1320-1325).—Laziness (1326).—Lukewarmness (1327).—The Sin of Envy (1328-1331).—Emulation (1332).—Jealousy (1333).—Fear (1334).— Indignation (1335-1336).—Gravity of the Sin of Envy (1337-1344).— Means of Overcoming Envy (1345-1346).

Art. 8. THE SINS AGAINST PEACE

Introduction (1347).—Discord (1348-1354).—Contention (1355-1362).— Acts of Sin against Peace (1363).—Schism (1364-1375).—War (1376-1427).—Fighting (1428-1434).—Duelling (1435-1439).—Sedition (1440-1443).

Art. 9. THE SINS AGAINST BENEFICENCE

Introduction (1444).—Scandal (1445-1446).—Definition of Scandal (1447).—Causes of Scandal (1448-1458).—Results of Scandal (1459-1464).—Sinfulness of Scandal (1465-1474).—Persons Scandalized (1475-1476).—Duty of Avoiding Scandal (1477-1487).—Duty of Repairing Scandal (1488-1492).—Denial of Sacraments in Case of Scandal (1493-1494).—Seduction (1495-1505).—Cooperation in Sin (1506-1508).— Kinds of Cooperation (1508-1512).—Sinfulness of Cooperation (1513-1514).—Lawfulness of Material Cooperation (1515-1525).— Lawfulness of Immediate Cooperation (1526-1527).—Special Cases of Cooperation (1528).-Cooperation in Reading Matter (1529-1530).—In Dances and Plays (1531-1532).—In Selling (1533-1536).—In Providing Food and Drink (1537-1539).—In Renting (1540-1541).—In Service (1542-1544).—Duties of the Confessor as Regards Cooperation (1545-1546).

Art 10. THE COMMANDMENTS OF CHARITY

Introduction (1547-1552).—The Commandment of Love of God (1553-1560).—The Commandment of Love of Self (1561-1578).—The Commandment of Love of Neighbor (1579-1584).—Fulfillment of the Commandments of Charity (1585-1608).

Art 11. THE GIFT OF WISDOM

Introduction (1609).—The Nature of the Gift of Wisdom (1610-1614).— The Persons who Possess Wisdom (1615-1618).—The Beatitude and the Fruits that Correspond to Wisdom (1619-1620).—The Sins Opposed to Wisdom (1621-1625).

[Volume II of print edition, section 1626 to end]

Question II. THE DUTIES OF ALL CLASSES OF MEN (The Moral Virtues)

Art. 1. THE VIRTUE OF PRUDENCE

Definition (1627).—Objects (1628, 1629).—Certainty of Prudence (1630).—Excellence (1631, 1632).—Acts (1633).—Qualities (1634).— Parts (1635, 1636).—Integral Parts (1637, 1638).—Subjective Parts (1639-1645).—Potential Parts (1646, 1647).—Persons Who Possess Prudence (1648-1656).—Growth and Decay of Prudence (1657).—The Beatitude and the Fruits that Correspond to Counsel (1662).—The Sins Against Prudence (1663).—Imprudence (1664-1666).—Haste (1667).— Thoughtlessness.—Inconstancy (1669).—Causes of These Sins (1670).— Negligence (1671-1673).—False Prudence (1674).—The Prudence of the Flesh (1675, 1676).—Astuteness, Trickery, Fraud (1677-1680).— Solicitude (1681-1685).—Avarice, a Cause of Sins Against Prudence (1686).—The Commandments of Prudence (1687).

Art. 2. THE VIRTUE OF JUSTICE

Introduction (1688).—The Nature of Justice (1689-1700).—Division (1701-1708).—The Object of Justice (1709-1713).—Comparison of Justice and Other Virtues (1714-1718).—Injustice (1719-1726).—Judgment (1727-1744).

Art. 3. THE SUBJECTIVE PARTS OF JUSTICE: DISTRIBUTIVE AND COMMUTATIVE JUSTICE

Subjective Parts of a Virtue (1745).—Distributive and Commutative Justice Compared (1746, 1747).—The Objects of Commutative Justice (1748-1750).—Restitution (1751-1761).-The Roots of Restitution (1762-1777).—Restitution for Cooperation in Injustice (1778-1785).— The Circumstances of Restitution (1786-1796).—Causes Excusing from Restitution (1797-1801).—Some Special Cases of Restitution (1802, 1803).

Art. 4. THE VICES OPPOSED TO COMMUTATIVE AND DISTRIBUTIVE JUSTICE

The Vice against Distributive Justice (1804-1814).-The Vices against Commutative Justice (1815).—Homicide (1816-1851).-Suicide (1852-1861).—Accidental Homicide (1862-1865).—Bodily Injury (1866-1871).—Titles to Property (1872-1876).—Contracts (1877-1889).—Theft and Robbery (1890-1919).—Lawful Occupation (1920-1926).—Occult Compensation (1927-1938).-Judicial Injustice (1939).—In Judges (1940-1963).—In Accusers (1964-1974).—In Defendants (1975-1983).—In Witnesses (1984-1994).—In Lawyers (1995-2008).—Unjust Words (2009).—Contumely (2010-2027).—Defamation (2028-2075).-Cooperation in Defamation (2076-2084).—Restitution for Defamation (2085-2102).—Whispering (2103-2105).—Derision (2106-2110).—Cursing (2111-2119).—Murmuring (2120).—Fraud in Contracts (2121, 2122).—In Sales (2123-2133).—Trading (2134, 2135).—Usury (2136).—Other Frauds (2137, 2138).

Art. 5. THE QUASI-INTEGRAL AND POTENTIAL PARTS OF JUSTICE; THE VIRTUE OF RELIGION AND THE OPPOSITE VICES

The Quasi-Integral Parts of Justice (2139, 2140).—The Potential Parts of Justice (2141-2144).—The Virtue of Religion (2145-2148).—The Internal Acts of Religion (2149).—Devotion (2150-2152).—Prayer (2153-2169).—Distractions (2170-2174).—The External Acts of Religion (2175).—Adoration (2176, 2177).—Sacrifice (2178-2182).—Offerings (2183, 2184).—Contributions (2185-2190).—Vows (2191-2225).—Cessation of Vows (2226-2243).—Other External Acts of Religion (2244).—Oaths (2245-2262).—Adjuration (2263-2268).—Divine Praises (2269-2272).—The Sins against Religion (2273).—Superstition (2274-2276).—Idolatry (2277-2281).—Divination (2282-2289).—Vain Observance (2290-2298).— Irreligiousness (2299).—Temptation of God (2300-2307).—Sacrilege (2308-2316).—Simony (2317-2334).—Sinfulness of Simony (2335-2343).

Art. 6. THE REMAINING POTENTIAL PARTS OF JUSTICE; THE GIFT OF PIETY; THE COMMANDMENTS

Piety (2344-2350).—Reverence (2351-2354).—Obedience (2355-2372).— Gratitude (2373-2380).—Vengeance (2381-2384).—Truthfulness (2385-2388).—Lying (2389-2397).—Mental Reservation (2398-2402).— Simulation (2403, 2404).—Hypocrisy (2405).—Braggadocio and Irony (2406).—Breach of Promise (2407).—Violation of Secret (2408-2420).— Affability (2421-2423).—Liberality (2424-2429).—Equity (2430-2432).— The Gift of Piety (2433).—The Commandments of Justice (2434-2436).

Art. 7. THE VIRTUE OF FORTITUDE

Nature (2437-2441).—Martyrdom (2442-2445).—The Opposite Vices (2446).—The Parts of Fortitude (2447).—Greatness of Soul (2448, 2449).—Presumption, Ambition and Vanity (2450).—Pusillanimity (2451).—Greatness of Deed, Meanness and Vulgarity (2452).—Patience (2453, 2454).—Stolidity and Impatience (2455).—Steadfastness, Effeminacy and Pertinacity (2456).—The Complements of Fortitude (2457).—The Commandments of Fortitude (2458-2460).

Art. 8. THE VIRTUE OF TEMPERANCE

Nature (2461-2463).—The Opposite Vices (2464).—The Parts of Temperance (2465).—Abstemiousness (2466, 2467).—Fasting and Abstinence (2468, 2469).—The Sins Opposed to Abstemiousness (2470).—Gluttony (2471-2473).—Sobriety (2474, 2475).—The Sins against Sobriety (2476).—Drunkenness (2477-2485).—Purity (2486, 2487).—Virginity (2488-2491).—Impurity (2492-2496).—Temptations to Impurity (2497-2503).—Non-Consummated Sins of Impurity (2504).—Impure Thoughts (2505, 2506).—Impure Rejoicing (2507).—Impure Desire (2508, 2509).—Lewdness (2510-2514).—Sinfulness of Lewdness (2515-2518).— Moral Species of Lewdness (2519).—The Consummated Sins of Impurity (2520-2522).—Fornication (2523-2528).—Defloration and Rape (2529).—Adultery (2530).—Incest (2531, 2532).—Carnal Sacrilege (2533).—Sins against Nature (2534).—Pollution (2535-2538).—The Sinfulness of Pollution (2539-2541).—Penalties (2542).—The Potential Parts of Temperance (2543).—Continence (2544).—Meekness (2545).— Anger (2546-2549).—Sinful Indulgence (2550).—Clemency (2551, 2552).—Humility (2553-2556).—Pride (2557-2560).—Abjectness (2561).—Studiousness (2562).—Curiosity and Negligence (2563, 2564).—Modesty (2565).—Decorum (2566).—Modest Relaxation (2567, 2568).—Modesty in Style and Dress (2569, 2570).—Complements of Temperance (2571).—Commandments of Temperance (2572).

Question III

THE DUTIES OF PARTICULAR CLASSES OF MEN

INTRODUCTION (2573)

Art. 1. THE DUTIES OF MEMBERS OF THE CHURCH

General Duties of the Faithful (2574).—First Precept of the Church: Sanctification of the Lord’s Day (2575).—Hearing Mass (2576-2578).— Servile Works (2579-2582).—Gravity of the First Precept (2583).— Excuses (2584, 2585).—Second Precept: Abstinence (2586, 2587).— Fasting (2588, 2589).—Third Precept: Yearly Confession (2590, 2591).—Fourth Precept: Easter Duty (2592, 2593).—Fifth and Sixth Precepts (2594).—Laws on the Index and Cremation (2595).—The Special Duties of Clerics (2596).—Vocation (2597, 2598).—Positive Duties of Clerics (2599).—The Divine Office (2600, 2601).—Celibacy (2602).— Negative Duties of Clerics (2603).—Trading (2604).—Stocks and Bonds (2605).—Duties of Clerical Superiors (2606).—Duties of Pastors (2607).—Charity to the Poor (2608-2610).—Special Duties of Religious (2611).—The Vows (2612).

Art. 2. DUTIES OF MEMBERS OF DOMESTIC AND CIVIL SOCIETY

Husband and Wife (2613).—The conjugal Debt (2614-2617).—Morality in Marriage (2618, 2619).—Contraception and Onanism (2620).— Birth-Control (2621, 2622).—Cooperation with Contraception (2623).— Recapitulation (2624).—Regulae pro Confessariis (2625).—The Duty of Conjugal Companionship and Assistance (2626).—The Obligation of Marrying (2627).—The Duties of Engaged Persons (2628, 2629).—The Duties of Parents (2630, 2631).—Sex Education (2632).—The Duties of Children (2633).—The Duties of Other Relatives (2634).—The Duties of Superiors (2635).—The Duties of Subjects (2636).—Taxes (2637-2642).— Voting (2643-2645).—The Duties of Employers (2646, 2647).—The Duties of Employees (2648).—Labor Disputes (2649).—Employment (2650).—The Duties of Certain Professions (2651).

Question IV

THE DUTIES OF MEN IN THE USE OF THE SACRAMENTS

INTRODUCTION (2652, 2653)

Art. 1. THE SACRAMENTS IN GENERAL: THE SACRAMENTALS

Nature of a Sacrament (2654).—Matter and Form (2655-2660).—Necessity of the Sacraments (2661-2663).—The Minister of the Sacraments (2664).—Requisites for Valid Ministration (2665-2668).—For Lawful Ministration (2669, 2670).—The Recipient of the Sacraments; Requisites for Valid Reception (2671-2674).—Requirements for Lawful Reception (2675).—Obligations of the Minister in Reference to the Recipient (2676-2682).—Obligations of the Recipient in Reference to the Minister (2683).—The Sacramentals (2684).

Art. 2. BAPTISM; CONFIRMATION; THE EUCHARIST; THE SACRIFICE OF THE MASS

Introduction (2685).—The Sacrament of Baptism (2686).—Solemn and Private Baptism (2687).—Duties of Pastors (2685).—Duties of Parents and Guardians (2689).—Duties of Sponsors (2690, 2691).—Duties of Adult Recipients (2692).—Duties of the Minister (2693).—The Sacrament of Confirmation (2694).—The Minister (2695).—The Recipient (2696).— The Sponsors (2697).—The Pastor (2698).—The Sacrament of the Eucharist (2699).—Matter and Form of the Eucharist (2700).—The Minister of Consecration (2701, 2702).—The Minister of Communion (2703).—The Communicant (2704).—Worthy Communion (2705).—Frequent Communion (2706).—Duties of Parents, Pastors, Confessors (2707).—The Custody and Worship of the Eucharist (2708).—The Sacrifice of the Mass; the Celebrant (2709).—The Obligation of Saying Mass (2710).— Dispositions for Celebration of Mass (2711).—The Circumstances of Mass (2712).—Interruption of Mass (2713).—Application of Mass (2714, 2715).—Stipends (2716).

Art. 3. REPENTANCE; PENANCE; EXTREME UNCTION

Introduction (2717).—The Virtue of Repentance (2718-2726).—The Sacrament of Penance (2727, 2728).—Contrition (2729-2735).—Resolution of Amendment (2736).—Confession (2737-2744).—Satisfaction (2745-2749).—The Minister (2750).—Jurisdiction (2751, 2752).— Reserved Cases (2753, 2754).—Absolution without Jurisdiction (2755).— Duties of the Confessor before Confession (2756).—Duties of the Confessor as Judge (2757-2761).—Duties of the Confessor as Physician (2762).—Duties of the Confessor as Teacher and Guide (2763).—Duties of the Confessor after Confession (2764).—Reparation of Defects (2765, 2766).—The Seal of Confession (2767, 2768).—Abuses of Confession (2769-2773).—The Sacrament of Extreme Unction (2774).—Duties of the Recipient and the Minister of Extreme Unction (2775).

Art. 4. HOLY ORDERS; MATRIMONY

Introduction (2776).—The Sacrament of Orders (2777).—Distinctions of Orders (2778).—The Hierarchy (2779).—The Matter and Form of Orders (2780).—The Minister of Ordination (2781, 2782).—The Recipient of Orders (2783-2785).—Registration of Ordinations (2786).—The Sacrament of Matrimony (2787, 2788).—The Elements of Matrimony as a Contract (2789-2793).—The Elements of the Sacrament (2794).—Duties in Reference to Marriage (2795).—Engagement (2796-2798).—Duties to Parents and to Children (2799, 2800).—Pre-Nuptial Investigations (2801).—Examination of the Parties by the Pastor (2802, 2803).— Matrimonial Impediments (2804, 2805).—Impedient Impediments (2806-2809).—Diriment Impediments (2810-2819).—Dispensations and Banns (2820).—After the Examination (2821).—Instruction of the Couple (2822-2824).—Religious Preparation for Marriage (2825).—The Celebration of Marriage (2826-2829).—Validation (2830).—Divorce and Separation (2831).

APPENDICES [placed at end of Volume I in print edition]

I. SUMMARY OF COMMON LAW ON PROHIBITION OF BOOKS

II. THE “ECUMENICAL MOVEMENT”

INDEX TO VOLUMES I AND II

MORAL THEOLOGY
A Complete Course

INTRODUCTION

1. Definition.—Moral Theology is defined: (a) etymologically, as the study of God, considered as the beginning and the end of man’s moral life, i.e., of those acts that proceed from reason and will; (b) scientifically, as that part of Sacred Theology which treats of God as our Last End, and of the means by which we may tend to Him.

2. Hence, Moral Theology differs from various related sciences or habits. Thus: (a) it differs from Ethics, which is the science of human conduct as directed by reason to man’s natural end, for Moral Theology uses faith as well as reason, and is concerned with man’s supernatural end; (b) it differs from faith, since it includes not only principles revealed by God, but also conclusions derived from them; (c) it differs from synderesis, or the habit that perceives the natural principles of morality that are self-evident to the mind, for Moral Theology deals also with supernatural truths and with truths that are not self-evident; (d) it differs from conscience, which draws conclusions for individual cases, since Moral Theology is concerned with general conclusions.

3. Relation of Moral Theology to Dogmatic Theology.—(a) They do not differ as two distinct sciences, for the main object, in the light of which all else is studied, is the same in both—viz., God. (b) They do differ as two quasi-integral parts or branches of the same science, Dogma being concerned more with the speculative, and Moral with the practical aspects of theology. Dogmatic Theology is the more important of the two, as treating more directly on divine things and as being the basis of Moral Theology.

In Dogma, God Himself is considered in His own nature and creatures as they proceed from Him as from an exemplary and efficient cause, or Creator. Moral Theology continues the pursuit of knowledge of God, concentrating upon Him as He is the Final Cause of things. Creatures emanate from God by way of creation, and this is part of the subject-matter of Dogma; but creatures return to Him, each in its own proper way by virtue of its nature created by God and directed by His Providence and Government, and this return of creatures to God constitutes the general subject-matter of Moral Theology. As Divine Providence and Government are continuations of His Creation, Moral Theology continues to study and to unfold the implications of Dogma’s consideration of God as Creator. God is known to have created as an Intelligent Being ordering His handiwork to Himself as end. His special masterpiece, man, special because he is made to the Image of God, returns to God in a special way proper to him as an Image, i.e., by way of acts of his intellect and will guided and moved by Divine Providence and Predestination. It is of this special way of returning to God by man, His image, that Moral Theology treats. Thus it adds to and perfects Dogmatic Theology, enriching our knowledge of God by way of making explicit the implications of Divine Creation and Providence to His image, man.

4. The Objects of Moral Theology.—(a) The central theme or object of Moral Theology, which is considered for its own sake and to which all else is secondary (_objectum formale quod_), is God as the supernatural End or Destiny of man.

(b) The secondary object (_objectum materiale_) is the means by which one is advanced towards one’s Last End (such as human acts, virtue, grace, the Sacraments), or the obstacles which hinder one from attaining that End (such as vice, temptation, etc.).

(c) The medium through which the above objects are known (_objectum formale quo_) is the light of natural reason illuminated by faith studying the sources of divine revelation and deducing conclusions from doctrines revealed by God.

5. Hence Moral Theology includes: (a) the revealed doctrines concerning man’s destiny and duty that are contained in the written and oral Word of God and as interpreted by their custodian, the Catholic Church; (b) the conclusions that are contained in revelation; (c) the duties of man to human laws that are based on the divine natural or positive law; (d) the opinions of theologians on matters that are disputed, as in the controversy about the systems of conscience.

6. The Sources of Moral Theology, therefore, are: (a) Holy scripture; (b) tradition; (c) the decisions of Popes, Councils, and Congregations, Laws, etc.; (d) the authority of Doctors and theologians; (e) natural reason.

7. Holy scripture.—“All scripture, inspired by God, is profitable to teach, to reprove, to correct, to instruct in justice” (II Tim., iii. 16). (a) Thus, the deeds narrated in scripture contain lessons for our instruction; but not all of them, even though they be concerned with holy men, are offered for our imitation. (b) The laws of the Old Testament known as ceremonial (such as the rite of circumcision), and those called judicial (such as the prohibition against the taking of interest), are no longer obligatory; but the moral precepts, such as those found in the Decalogue, always remain in force. (c) The ordinances of the New Testament are of three kinds: the Gospel counsels, which are not laws, but invitations to a higher practice of virtue than is necessary for salvation (e.g., the advice of our Lord that one sell all and give to the poor); the laws of the New Testament, which are the commands that it imposes for all times (such as the precepts that one believe the Gospel message, receive Baptism, hear the Church, etc.); temporary regulations, which are those dispositions that were made only for passing circumstances (such as the prohibition issued by the Apostles against the eating of animals that had been suffocated).

8. Tradition.—Tradition contains those doctrines concerning faith and morals, not found in scripture, that were given orally by Christ or inspired by the Holy Spirit, and that have been handed down from one generation to another in the Catholic Church.

Tradition becomes known to us: (a) through the teaching of the Church expressed by her solemn or ordinary magisterium; (b) through the writings of the Fathers of the Church; (c) through the practice of the Church expressed in her universal customs and laws; (d) through the worship of the Church expressed in her universal forms of prayer and liturgical observance.

9. Decisions.—In addition to divine tradition just spoken of, Moral Theology uses: (a) Apostolic tradition, which comes down from the Apostles, but whose subject-matter is not a teaching revealed to them, but an ordinance which they themselves made as rulers of the Church (e.g., the law that Sunday be sanctified as the Lord’s day); (b) ecclesiastical tradition, which contains regulations made by the authorities in the Church and handed down to succeeding times (e.g., the introduction of certain days of feast or fast).

10. Authority of Doctors and Theologians.—(a) St. Thomas Aquinas has been recognized by the Church as her highest theological authority, and the Code of Canon Law (Canons 589, Sec. 1, and 1366, Sec. 2) orders that in all seminaries and religious houses of study the courses of theology shall be made according to his method, teaching and principles.

(b) When the theologians agree with unanimity that a certain doctrine pertaining to faith or morals is divinely revealed, it would be next to heresy to hold the opposite; if they agree only that it is certain, it would be rash to contradict them, unless new and serious objections unknown to them can be offered; if they are divided between schools and systems (even though great claims for opinions are made by their partisans), it is lawful for competent theologians to use their own judgment and decide for the side that seems to have the better arguments in its favor.

11. Reason.—The uses of natural reason in Moral Theology are: (a) it demonstrates certain preambles to the teachings of Moral Theology, such as the existence of God, His omniscience and veracity; (b) it corroborates from philosophy many of the revealed teachings, viz., that man’s end is not in things finite, that he has duties to God, to society, to himself, etc.; (e) it affords analogies in the natural order by which we may illustrate the end and duties of man in the supernatural order; (d) it supplies the means by which the teachings on morals may be developed into the conclusions that are contained in them, by which those teachings may be defended against the fallacious objections of adversaries, and by which the whole may be arranged scientifically into a body of doctrine.

12. Moral Theology is served not only by the various branches of philosophy (such as Ethics, Theodicy, Psychology, Logic), but also by many of the natural sciences. Thus: (a) Medicine and Physiology are useful for understanding the morality and imputability of acts; (b) Sociology and Economics may throw light on problems concerning justice; (c) Jurisprudence is, of course, closely related to questions concerning duties that arise from human laws; (d) History confirms the teachings of Christian morality by the lessons of experience.

13. The Method to Be Followed in Moral Theology.-(a) The positive method is a simple statement of moral principles and doctrines, with little attention to argument, except such as is found in the positive sources (e.g., scripture, tradition, the decisions of the Church).

(b) The Scholastic method is a scientific statement of moral teaching through accurate definition of terms, systematic coordination of parts, strict argumentation and defense, attention to controversies, and recourse to philosophy and other natural knowledge.

(c) The casuistic method, or case-system, is the application of moral principles to the solution of concrete problems of lawfulness or unlawfulness.

14. The Scholastic method is the one best suited for the study of Moral Theology, because it is more scientific, and fits one better to understand, retain, and apply what one learns. But it is not exclusive of the other methods, since it perfects the positive method, and is the groundwork for the case method. Each method has a special suitability for certain ends. Thus: (a) the positive method is well adapted to preaching, and hence was much in favor with the Fathers of the Church, as can be seen from their moral homilies and treatises; (b) the Scholastic method is the best for study, teaching, apologetic, and was followed by the great classical works of theology in the Middle Ages and later; (c) the case method is very helpful to the seminarian and the priest in the exercise of the ministry of the confessional.

15. The History of Moral Theology.—There are three periods in the history of Moral Theology: the Patristic, the Medieval, and the Modern.

(a) The Patristic Period (1st to 12th century).—The moral writings of the-Fathers are popular, exhortatory, and occasional; and it is not till the Middle Ages that we meet with works of systematic Moral Theology. The following are among the most notable moral works of the Fathers: the _Paedagoga_ of Clement of Alexandria (d. about 217), which explains what the everyday life of the Christian should be; the _Catecheses_ of St. Cyril of Jerusalem (d. 386); the _De Officiis Ministrorum_ of St. Ambrose (d. 397), a Christian counterpart of Cicero’s work _De Officiis_; the _De Civitate Dei_ of St. Augustine (d. 430), which contrasts love of God and love of self; the _Expositio in Job seu Moralium libri XXV_ of St. Gregory the Great (d. 604), which consists of moral instructions based on the Book of Job.

Celebrated among the ascetical and mystical writings are: the _Ladder of Paradise_ of St. John Climacus (6th century), the Conferences of Cassian (about 416), the _Libri V de Consideratione_ of St. Bernard (d. 1153). St. Gregory the Great’s _De Cura Pastorali_ is a systematic work of pastoral theology, and is regarded as a classic.

(b) The Medieval Period (12th to 16th century).—The method of the moralists of this period differs from that of the Fathers in that the former is systematic and philosophical, and more proximately adapted to the use of confessors. The masterpiece of scientific Moral Theology is of course found in the _Summa Theologica_ of St. Thomas Aquinas (d. 1274). Works of casuistry were composed by St. Raymond of Pennafort (about 1235), by John of Freiburg (d. 1314), by John of Asti (about 1317), by Angelus of Chiavasso (about 1476), by Sylvester Prierias (d. 1523). The _Summa Theologica_ of St. Antoninus of Florence (d. 1459) has been called an inexhaustible storehouse for manuals of casuistry.

Among the ascetical writers are: St. Bonaventure, the Seraphic Doctor (d. 1274), John Gerson (d. 1429), John Tauler (d. 1361), Bl. Henry Suso (d. 1366), and Denis the Carthusian (d. 1471).

(c) The Modern Period (16th century to the present).—Characteristic of this period are the commentaries written on St. Thomas, the controversies over the systems of conscience, the appearance of numerous manuals and special treatises, and the attention given to changed conditions of society and ecclesiastical discipline. Noteworthy among modern works are: the Commentary on St. Thomas by Cajetan (d. 1534); the writings of Bartholomew de Medina (d. 1581), called the father of moderate Probabilism; the _De Paenitentia_ of Lugo (d. 1660), a handbook that combines speculative and casuistical theology; the _Roman Catechism_, which was issued by the authority of the Council of Trent in 1566; the _Theologia Moralis_ of St. Alphonsus Liguori (d. 1787), a work whose authority is universally recognized; the celebrated treatise on the virtues by Lessius (d. 1623); the classic work of Suarez (d. 1617), _De Religione_; the _Summa Casuum Conscientiae_ of Toletus (d. 1596); the commentaries of Francis de Victoria (d. 1546), which are writings of extraordinary merit. More recent works are so numerous that it is impossible to mention them here.

18. Among the many modern works on Moral Theology which have been published abroad, not a few are in the vernacular—in German, French, Italian, Spanish, etc. While they are not intended to replace the Latin text-books used in seminaries, these are nevertheless a very great help to a fuller knowledge of the matter treated and to a more ready use of it in the work of the ministry.

So far there has been a dearth of works on Moral Theology in English; and it is this want that has occasioned the present work, which aims at presenting Moral Theology, not only in its essentials, but even more in detail and with greater fullness than is done by most of the text-books commonly in use. And yet, while pursuing this larger and more comprehensive plan, the authors of this new work have tried to be as brief and compact as possible. It has been their endeavor especially to avoid digressions into other fields and to sum up pertinent matter in as clear and simple a manner as the subjects treated will permit.

17. The Division and Order of Parts in Moral Theology.—The arrangement of his matter made by St. Thomas Aquinas in the _Summa Theologica_ is admittedly unsurpassed and unsurpassable in the qualities that good distribution should have, viz., clearness, connection between parts, completeness. Hence, we cannot do better than follow the order he has used in his treatment of moral subjects. His general division is as follows:

(1) The Last End of Man.—From the Last End acts derive their morality, those being good that advance man towards its attainment, and those evil that turn him away from its possession. The Last End is considered; (a) as to its existence; (b) as to its nature (i.e., the constituents of supreme beatitude).

(2) The General Means Tending to the Last End.—God is approached, not by the steps of the body, but by the operations of the soul, and thus it is human acts that lead one to one’s Last End. These acts are considered: (a) as they are in themselves or absolutely, and according to the twofold division of acts proper to man (human acts) and acts common to man and beast (passions); (b) as to the internal principles from which they proceed, i.e., habits, whether good (virtues) or bad (vices); (c) as to the external principles by which they are influenced. The external principle of evil is the demon, who tempts man to sin. The external principle of good is God, who instructs us by His law and the voice of conscience, and assists us by His grace.

(3) The Special Means Tending to the Last End.—These are our own good works; hence, here are considered the virtues incumbent on all classes of men, i.e., the theological and moral virtues.

18. Some of the topics just mentioned (e.g., divine grace) are discussed fully in works on Dogmatic Theology, and hence may be omitted here. Again, since the Last End of man is considered at great length in dogmatic works on Eschatology, little need be said about it here. Hence, it will be convenient to divide this work into two parts as follows: General Moral Theology, in which are treated the more remote principles on duty, such as the Last End, human acts, good and bad habits, laws and conscience, grace; (b) Special Moral Theology, in which are treated the more immediate rules concerning duty, i.e., man’s obligations as regards the virtues and the Commandments.

PART I
GENERAL MORAL THEOLOGY

Question I
THE LAST END OF MAN AND THE MEANS TO THAT END

Art. 1: THE LAST END OF MAN

(_Summa Theologica_, I-II, qq. 1-5; _Contra Gentes_, IV, cc. 1-63.)

19. Existence of the Last End.—Every deliberate act proceeds from the will, and, since the will pursues good as its goal, it follows that every deliberate act is done for some good or end. But, if this end is an imperfect good, it is desired not for itself but as leading up to a perfect good, that is, to one which will leave nothing beyond it to be desired; in other words, the intermediate end is willed on account of a last end. Hence, all that a man wills, he wills directly or indirectly on account of a last end. All men desire their own happiness and perfection; but not all understand in what beatitude consists, since some aim ultimately at finite goods.

20. Nature of the Last End.—As man’s Last End is that object which will make him perfectly happy, it cannot consist: (a) in external goods, such as wealth, honors, fame, glory and power, since one might have all these and yet be very unhappy; (b) in goods of the body, such as health, beauty, pleasure and strength, since all these things are passing, and moreover satisfy only a part, and that the lower part, of man; (c) in goods of the soul, such as wisdom or virtue, since man’s intellect is never content with particular truth, nor his will with particular good, the former always reaching out for the highest truth, the latter for the highest good. Hence, the Last End of man is the Infinite Good, or God “who satisfieth thy desire” (Psalm cii. 5).

21. Attainment of the Last End.—God being supersensible, the act by which He is attained cannot be any operation of the senses, but must be an act of the higher powers. Man possesses his Last End through the vision of God, from which result beatific love and every good that is compatible with the glorified state. For “we see now through a glass in a dark manner, but then face to face” (I Cor., xiii. 12); and there shall be “glory and honor and peace to everyone that worketh good” (Rom, ii. 10).

Art. 2: ACTS AS HUMAN

(_Summa Theologica_, I-II, qq. 6-17.)

22. Human acts are a means to man’s Last End, inasmuch as they are meritorious—i.e., labors that deserve a recompense (I Cor., iii. 8), struggles that deserve a crown (II Tim., ii. 5). But works are not meritorious unless they are one’s own (human) and good (moral); and, since the reward is supernatural, they must also be the fruit of grace. Hence, we shall speak of acts in the following order: (a) acts as human and free (Art. 2); (b) acts as morally good (Art. 3); (c) acts as supernaturally meritorious (Art. 4).

23. Definition.—Those acts are called human of which a man is the master, and he is master of his actions in virtue of his reason and his will, which faculties make him superior to non-human agents that act without reason and freedom. Hence, the following kinds of acts done by a human being are not called human: (a) those that are not under the control of the mind, because one is permanently or temporarily without the use of reason or without knowledge (e.g., the acts done by the insane; by those who are unconscious or delirious, under the influence of hypnotism or drugs, distracted or carried away by vehement fear, anger, etc.; by infants and uninstructed persons); (b) those that are not under the control of the will, even though they are known (e.g., automatic acts, such as the acts of the vegetative powers, growth, circulation of the blood; pathological acts, such as convulsions; acts done under external violence).

24. Knowledge Requisite for a Human Act.—An act is human, or voluntary, when it is deliberately desired; and, since nothing can be deliberately desired unless it is known, an act done without knowledge is not human or voluntary. Thus, a delirious patient does not will the language he uses, for his mind is confused and he does not understand what he is saying.

25. The condition of a person without knowledge is ignorance, which is defined as the absence of knowledge in one who is capable of knowing. Ignorance is of various kinds. From the viewpoint of that which is not known (i.e., of the object of the ignorance), there is ignorance of the substance of an act and ignorance of the quality of an act. For example, Titus driving rapidly in the dark runs over and kills a pet animal of his neighbor, but knows nothing of this happening (ignorance of the substance of the act); Balbus, a child, fires a pistol at his playmate, not knowing that this causes death (ignorance of the physical quality of an act), and that it is the sin of murder (ignorance of the moral quality of an act).

26. With reference to the will of the person who is ignorant, three kinds of ignorance may be distinguished.

(a) Ignorance is concomitant (simultaneous with the act of the will), when it is not voluntary, and yet is not therefore the reason of the act that follows it, since that act would have been done, even had there been knowledge. This may be illustrated by the example of a hunter who intended to kill an enemy, and killed him only accidentally while shooting at an animal.

(b) Ignorance is consequent (after the act of the will), when it is voluntary, which may happen in different ways: first, when ignorance is affected, as when a person expressly desires to remain ignorant about his duties, so that he may have an excuse for his sins, or that he may not be disturbed in his evil life; secondly, when he neglects to acquire the knowledge he ought to possess, as when a hunter kills a man, thinking him an animal, because he took no pains to be sure before firing.

(c) Ignorance is antecedent (before the act of the will), when it is not voluntary, and is the cause of the act that follows since the act would not have been done, if there had been knowledge. For example, a hunter who has used reasonable diligence to avoid accidents, kills a man whom he mistook for a deer.

27. With reference to the responsibility of the person who is ignorant, there are two kinds of ignorance. (a) Ignorance is invincible when it cannot be removed, even by the use of all the care that ordinarily prudent and conscientious persons would use in the circumstances. Thus, a person who has no suspicions of his ignorance, or who has tried in vain to acquire instruction about his duties, is invincibly ignorant. (b) Ignorance is vincible when it can be removed by the exercise of ordinary care. There are various degrees of this species of ignorance: first, it is merely vincible, when some diligence has been exercised, but not enough; secondly, it is crass or supine, when hardly any diligence has been used; thirdly, it is affected, when a person deliberately aims to continue in ignorance.

28. Influence of the Various Kinds of Ignorance on the Voluntariness of Acts.—(a) Ignorance of an act, whether as to its substance or quality, makes an act involuntary, when the ignorance itself is involuntary, as will be explained in paragraph 29. Hence, if we refer to ignorance that is not blameworthy and to the guilt of violating the law of God, we may say: “Ignorance excuses.”

(b) Ignorance does not make an act involuntary before human law, unless the law itself presumes the ignorance or the ignorance is proved, as will be explained in the Question on Law (see 489 sqq.). For, when law is sufficiently promulgated or a fact pertains to one’s own self, the presumption is that ignorance does not exist, or that it is culpable. Hence, the general rule of law common to all forms of jurisprudence: “Ignorance does not excuse” (cfr. Canon 16 of the Code of Canon Law).

29. Effects of Concomitant, Consequent, and Antecedent Ignorance.—(a) Concomitant ignorance does not make an act involuntary, because it does not cause anything that is contrary to the will; but it does make the act that is performed non-voluntary, since what is unknown cannot be actually desired.

(b) Consequent ignorance cannot make an act entirely involuntary, since such ignorance is itself voluntary; but it does in a certain respect make an act involuntary, i.e., inasmuch as the act would not have been done save for the ignorance. (c) Antecedent ignorance makes an act entirely involuntary.

30. Effects of Invincible and Vincible Ignorance.—(a) Invincible ignorance, even of what pertains to the natural law, makes an act involuntary, since nothing is willed except what is understood. Hence, no matter how wrong an act is in itself, the agent is not guilty of formal sin (see 249), if he is invincibly ignorant of the malice involved.

(b) Vincible ignorance does not make an act involuntary, since the ignorance itself is voluntary; hence, it does not excuse from sin. It does not even make an act less voluntary and less sinful, if the ignorance is affected in order that one may have an excuse; for such a state of mind shows that the person would act the same way, even though he had knowledge.

31. Vincible ignorance makes an act less voluntary and less sinful: (a) when the ignorance is not affected, for the voluntariness is measured by the knowledge, and knowledge here is lacking; (b) when the ignorance, though affected, was fostered only through fear that knowledge might compel a stricter way of life; for such a state of mind seems to show that one would not act the same way if one had knowledge.

32. Like to ignorance are the following: (a) error, which is a judgment not in agreement with the facts (e.g., Balbus, a young child, thinks stealing is lawful, because older persons are represented as stealing in the moving pictures); (b) forgetfulness, which is ignorance of what was once known (e.g., Titus made a study of his duties as a Catholic when he was young, but at present what he does not know about those duties is not inconsiderable); (c) inadvertence, which is a lack of attention to what is being done (e.g., Caius, who is absent-minded, sometimes gets his hair cut and goes away without paying, or takes money that does not belong to him).

33. The principles and conclusions given above with regard to ignorance will apply also to error, forgetfulness and inadvertence; for in all these cases the lack of actual knowledge at the moment an act is done, is either willed or not willed, and accordingly the act itself is either voluntary or not voluntary. In the examples mentioned above, Balbus does not will the guilt of theft, since he does not know it; but his elders do will that guilt, because they should know it. Titus is responsible for neglecting his duties, if he has forgotten them through his own neglect of them or other fault; otherwise, he is not responsible. Caius’ inattention is involuntary, if due to mental concentration or distraction, and if it is not desired by him; it is voluntary, if he is aware of it and cultivates it, or if he does not try to be more attentive to his duties.

34. Consent Requisite for a Human Act.—To be human, an act must proceed not only from knowledge, but also from inclination; that is, it must be voluntary. Three things are necessary in order that an act be voluntary: (a) it must be agreeable to an internal principle, i.e., in most moral matters to the will. Hence, an act that is done against one’s will on account of external violence is not voluntary; (b) it must be caused by the will. Hence, a shower of rain is said to be agreeable to the gardener, but not voluntary since his will is not its cause; (c) it must be performed with a conscious purpose. Hence, natural acts (such as sleeping) and spontaneous acts (such as stroking one’s beard absent-mindedly) are not voluntary acts.

35. Kinds of Voluntary Acts.-(a) A voluntary act is free or necessary, according as one can or cannot abstain from it. The vision of God in heaven is voluntary to the blessed, since they look at Him knowingly and gladly; but it is not free, since they cannot avert their gaze from that which makes them blessed. The love of God on earth is voluntary, since chosen; but it is also free, since man is able to turn away from God.

(b) An act is perfectly or imperfectly voluntary, according as the deliberation and consent that precede it are full or only partial.

(c) An act is said to be simply—that is, absolutely—voluntary, when it is wished under circumstances that exist here and now, although in itself, apart from those circumstances, it is not wished. It is said to be voluntary under a certain aspect, when it is desired for itself, but not under existing conditions. Thus, if an arm needs to be amputated to save life, the amputation is absolutely voluntary, while the preservation of the arm is voluntary only in a certain respect. Hence, an act is voluntary simply or absolutely when one chooses it, all things considered; it remains involuntary under a certain respect, inasmuch as the choice is made with reluctance.

(d) An act is voluntary in itself or directly, when it is desired in itself for its own sake (i.e., as an end), or for the sake of something else (i.e., as a means). It is voluntary in its cause or indirectly, when it is not desired in itself, either as a means or an end, but is foreseen as the result of something else that is intended. Examples: Titus quarrels with his neighbors, at times because he likes to quarrel, and at other times because he wishes to make them fear him; hence, his quarrels are directly voluntary. Caius is a peaceful man who dislikes quarreling; but he likes to drink too much occasionally, although he knows that he always quarrels when he is under the influence of liquor. Thus, his quarrels are indirectly voluntary.

36. An act is voluntary in its cause in two ways: (a) approvingly (physically and morally voluntary in cause), when one is able and obliged not to perform the act that is its cause (e.g., the quarrels of Caius mentioned above are approved implicitly by him, since he could and should prevent the intoxication which is their cause); (b) permissively (physically voluntary in cause), when one is not able or not obliged to omit the act that is its cause (see 94 sqq.). Examples: Balbus, in order to make a living, has to associate with persons of quarrelsome character, and as a result often hears shocking disputes. Titus, a military commander, orders an enemy fortification to be bombarded, although he knows that this will involve the destruction of other property and the unavoidable killing of some non-combatants or neutrals. Caius writes a book whose purpose and natural result is edification, but he foresees that evil-minded persons will misunderstand it and take scandal.

37. Omissions, as well as acts, may be voluntary. (a) Thus, they are directly voluntary, when they are willed as an end or as a means to an end. Example: Titus fails to reprove the disorders of those in his charge because he likes disorder, or because it illustrates his theory that everyone should go through an evolution from roughness to refinement. (b) They are indirectly voluntary, when their cause is willed with approval or permitted with disapproval. Example: Balbus does not like to miss Mass, but he fails to rise from bed when he hears the church bell ringing, and as a result does not get to church. If his failure to get up was due to laziness, the omission of Mass was approved by Balbus; if it was due to illness, the omission was only permitted.

38. The effect that follows upon an omission may also be voluntary. (a) Thus, it is directly voluntary, if the omission is chosen as a means to the effect. Example: Caius hears Titus say that he is going to make a certain business deal, and he knows that Titus will suffer a great loss thereby; but he wishes Titus to lose his money, and therefore says nothing about the danger. (b) It is indirectly voluntary, if one foresees the effect, and approves or permits it. Examples: Balbus sees Titus attacked by a hoodlum and realizes that, unless assisted, Titus will be badly beaten up; but he is such an admirer of pugilism that, in spite of his sorrow for Titus, he decides not to stop the fight. Caius sees his friend Sempronius drowning, and fails to go to his assistance, because to his regret he is not an expert swimmer.

39. The effect of an omission is indirectly voluntary and approved by the will when one is able and bound to do what one omits. Example: Balbus receives some confidential documents with the understanding that he will guard them sacredly; but fearing to lose the good graces of Titus, who is curious and loquacious, he omits to put the papers away as promised, with the result that Titus finds them and reads them.

40. Obstacles to Consent.—The obstacles to consent are all those factors that take away or lessen the voluntariness of an act. (a) Thus, the actual obstacles that affect the intellect are reduced to ignorance, spoken of above; those that affect the will are passion and fear, and that which affects the external powers is coercion. (b) The habitual obstacles are habits and abnormal mental states.

41. Fear is a disturbance of mind caused by the thought that a future danger is impending. It is an obstacle to consent in various ways: (a) it lessens or takes away freedom of judgment, inasmuch as it hinders or suspends the reasoning processes; (b) it lessens the voluntariness of choice, inasmuch as it makes one decide for what is not of itself agreeable.

42. An act done under fear that impeded the use of judgment is: (a) involuntary, if the fear was so great that one was temporarily out of one’s mind. Example: Titus is so panic-stricken at the thought that a wild animal is pursuing him that he fires a revolver in every direction; (b) less voluntary, if the fear prevents one from thinking with calmness and deliberation. Example: Caius is being questioned by a stern examiner who demands an immediate reply. Fearing to hesitate, Caius gives what he knows is a “bluffing” answer.

43. The acts of one who is under fear are of various kinds.

(a) Acts are done with fear, when the fear is concomitant—i.e., when it is not willed and does not cause the act, but is merely its occasion or would rather prevent it. Examples: Julius is ordered under pain of death to drink a glass of wine, a thing he was intending to do and which he would have done even without any threats. Balbus walks along a lonely road, because he must get home, but he trembles at the thought of robbers. Caius, a highwayman, at the point of the revolver, forces Balbus to hand over his purse, but he fears that the police may arrive before he has secured the money. Titus, a business man, makes a trip by air, because he must reach another city without delay, but he has some apprehensions about his safety. All these men act, not because of, but apart from or in spite of their fears.

(b) Acts are done through fear, when fear causes an act that would not otherwise be performed. The fear may be antecedent (i.e., unwilled) or consequent (i.e., willed). Examples: Balbus, in the case mentioned above, surrendered his purse because of involuntary fear which was caused by the revolver of the robber. Claudius makes an act of sorrow for sin because of voluntary fear which he produces by thinking of the punishment of hell.

44. The effects of fear, which do not take away the use of reason, on the voluntariness of acts are as follows.

(a) Acts done with fear are not made really involuntary on account of the fear that accompanies them, for they are done for their own sake, not out of fear or as a consequence of fear. They may be called relatively involuntary in the sense that, by reason of fear, they are comparatively unpleasant, unless one enjoys the thrill of danger. Examples: Balbus, Caius and Titus, in the cases mentioned above, acted with perfect willingness. Whether they enjoyed their experiences or not, depends on their attitudes towards adventure and excitement.

(b) Acts done through fear are voluntary simply and absolutely, for the act done under the impulse of fear is what the agent considers here and now as most desirable. Examples: Balbus’ surrender of his purse and Claudius’ act of contrition are just what these two men wish to do as best suited to the circumstances.

(c) Acts done through fear are involuntary in a certain respect, if the agent can retain his inclination towards the opposite of the act and still avoid what he fears; otherwise, they are in no way involuntary. Examples: Balbus retains his liking for the money taken from him by force, and hence the surrender of it to the highwayman, although voluntary, if all things are considered, is not voluntary, if only the money itself is considered. Claudius, on the contrary, retains no liking for his sins, for he knows that, if he does, he will defeat the purpose of his act of sorrow, which is to escape the pains of hell; hence, his contrition, although the result of fear, is in no respect involuntary.

45. Passion is a movement of the sensitive appetite towards its object through love, desire, hope, or its repose therein through delight. It tends towards good, as fear tends away from evil (see 117 sqq.). Passion is an obstacle to consent in the following ways: (a) it takes away voluntariness (i.e., the quality of proceeding from an internal principle with knowledge of the end of the act), whenever it is so intense as to prevent knowledge; (b) it diminishes liberty (i.e., the quality of being perfectly voluntary, or indifferent as between many acts), even when it does not prevent knowledge.

46. Spiritual appetites fortify the reason, but the opposite is true of sensible appetites; for these latter draw all the attention to things that are lower and away from those that are higher, and impede the exercise of imagination and other senses that serve the reason. In extreme and rare cases passion may be so intense as to distract from or prevent altogether the exercise of reason, or to produce insanity. Thus, we sometimes hear of persons losing their minds through affection for money, or of performing irrational deeds under the excitement of joy.

47. With reference to the will, passion is twofold. (a) It is antecedent, when it precedes the act of the will and causes it. In this case the passion arises not from the will, but from some other cause (e.g., the bodily state, as when a sick man longs for food that is forbidden). (b) Passion is consequent when it follows the act of the will and results from it. This may happen either without the will choosing the passion (as when the very vehemence with which the will desires some object causes a corresponding sensitive emotion to awaken), or because the will has deliberately aroused the emotion in order to be able the better to act through its cooperation.

48. Antecedent passion makes an act more voluntary, since it makes the will tend with greater inclination to its object; but it likewise makes an act less free, since it impedes deliberation and disturbs the power of choice. Example: A man who takes extreme delight in sports, plays voluntarily, but is less free than if he were not so immoderately inclined that way.

49. Consequent passion which results naturally from an intense act of the will does not increase the voluntariness of the act, since it is not its cause; but it does show that the act of the will is intense, for it is only that which is willed vehemently that overflows from the will and affects the emotions.

50. Consequent passion which results from the deliberate choice of the will increases the voluntariness of the act that follows, since the act is performed with greater intensity on account of the passion that has been deliberately excited.

51. What has been said about the passions that tend to sensible good can be applied also to the passions that are concerned with sensible evils, such as hatred, sadness, aversion, boldness, anger. If they are antecedent, they increase the voluntariness of an act, but diminish its freedom; and, if they cause a passing frenzy or insanity, they take away all responsibility. If they are consequent, they either increase the willingness of the act, or indicate that it is willed with great intensity.

52. Violence, or coercion, is the use of force by an external agent to compel one to do what one does not want to do. Its effects on voluntariness are: (a) it cannot affect the internal act of the will, else we should have the contradiction that the act of the will was both voluntary, as proceeding from the will, and involuntary, as proceeding from external coercion; (b) it can affect external acts, such as walking, and so make them involuntary. If a boy is driven to school, the violence makes his going involuntary, but it does not make his will not to go to school involuntary.

53. Habits.—Characteristic of habits is a constant inclination, resulting from repeated acts, to perform similar acts (see 133 for definition of habit). Its effect ~~on the voluntariness of acts are:~~

(a) if the habit is in a sense involuntary, i.e., caused by free acts but retracted by a sincere act of contrition, it diminishes or even takes away voluntariness. If the actual advertence to the act is imperfect, the voluntariety is diminished; if advertence is totally absent, all voluntariety is taken away. Thus a drunkard who retracts his habit and makes an act of true contrition may again fall into sin because of the acquired dispositions to drink. Then the sins are less voluntary or at times, owing to total lack of advertence, may be regarded solely as material sins.

(b) if the habit is voluntary, i.e., acquired by free acts and not retracted, it increases the voluntariness in respect to the inclination to act. Should all advertence and deliberation be taken away, a rare occurrence, it diminishes the liberty of the act and consequently its morality as good or bad. Voluntariety, however, is not taken away entirely, since the habit itself was freely willed and hence acts flowing from it are voluntary in cause (see 35.). If sufficient advertence remains, the habit diminishes the freedom of the act owing to the impeding of reason; but this diminution of liberty is in accord with the will of the individual who freely contracted and conserves the habit to have facility in acting. Accordingly, absolutely speaking, a voluntary habit increases the voluntariety of acts caused by that habit and consequently increases their goodness or evil. Thus St. Thomas asserts that one who sins from habit sins from certain malice, i.e., not from ignorance or passion, but from the will’s own choice.

54. Natural propensities are inclinations that arise from bodily constitution or physical condition (e.g., a strong native attraction to temperance or to intemperance not acquired by frequent acts). Natural propensities have the same kind of influence on the willingness of an act as involuntary habits (see 53.).

55. Pathological states are diseases of the brain or nerves that react upon the intellect and the will, such as various kinds of neuroses and psychoses, hysteria and epilepsy. The influence of pathological states on the voluntariness of acts seems similar in kind to that ascribed to antecedent passion (see 48.). Caution must be observed in applying these principles to particular kinds of mental diseases.[1]

[1] In doubt whether an act associated with a pathological state is free or not, the rule of moralists is lenient. When the act is sinful, it is not imputed as gravely sinful, for man is innocent until proven guilty. If the act is good, it is presumed voluntary and free and, consequently, meritorious. See Prummer, D.M., O.P., _Manuale Theologiae Moralis_ (Barcelona: Herder, 1946), I. n.93.

56. Two Kinds of Voluntary Acts.—Having discussed human or voluntary acts in general, we shall now indicate in particular the acts that are of this kind. There are two classes of voluntary acts: (a) those elicited by the will; (b) those commanded by the will.

~~57. Acts Elicited by the Will.—The first class of acts under the control of the will are those that are performed by the will itself—i.e., that are begun and completed in that power of the soul.~~

58. There are three acts of the will that are directed to the end the will has in view, viz., wish, intention and fruition. Wish is the love or inclination of the will towards the end without any reference to the means by which it is to be obtained: this is the first act of the will. Intention is the direction of the will to the gaining of the end through certain means. Fruition is the enjoyment of the end after it has been gained: this is the last act of the will.

59. There are three acts of the will that are directed to the means and that follow after intention, viz., consent, election, and use. Consent follows upon the counsel of the intellect, and is an act of the will agreeing to several means as suitable for the intended end. Election follows after a practical judgment of the intellect about the means consented to, and is an act of the will which chooses one of the means in preference to the others, as being most suitable for gaining the intended end. Use is the act by which the will directs and moves the other powers to employ the particular means that has been chosen.

60. Acts Commanded by the Will.—The second class of acts that are under the control of the will are those that proceed, not from the will itself, but from the other powers under the direction of the will.

61. Acts commanded by the will are of various kinds: (a) intellectual acts, such as judgment, reasoning, etc., performed under the direction of the will, (b) sensible acts such as sight, hearing, imagination, the passions of love, hate, etc.; (c) external corporal acts, such as walking, writing, etc. None of the foregoing acts need be commanded by the will, as they may be indeliberate (see 23).

62. The following kinds of acts are not subject to the control of the will: (a) intellectual acts, such as the assent of the reason to self-evident truths, as regards the specification of the act; (b) sensible acts, such as the passions considered as arising from bodily dispositions before they are adverted to; (c) acts of the vegetative life, such as digestion and growth; (d) bodily movements, such as the circulation of the blood and the beating of the heart.

Art. 3: ACTS AS MORAL

~~(_Summa Theologica_, I-II, qq. 18-20.)~~

~~63. In order that an act be a means by which man may tend to his Last End, it is not sufficient that it be human (proceeding from knowledge and will); it must also be morally good.~~

64. Definition.—Morality is the agreement or disagreement, of a human act with the norms that regulate human conduct with reference to man’s Last End. The act which is in agreement with those norms is morally good; the act which is in disagreement with them is morally bad. An act that neither agrees nor disagrees with the norms of morality, is called morally indifferent.

65. The constitutive norm of morality is that which gives an act its moral quality. (a) Proximately, this is the relation of agreement or disagreement of the act to the rational nature of man considered in its entirety and with reference to its true happiness; (b) remotely, this norm is the relation of the act to God, the Last End of man.

66. Hence, that which makes an act morally good is its agreement with the nature of man as a rational being destined for heaven, and its promotion of the glory of God, which is the purpose of all creation.

67. The manifestative norm of morality is that through which the moral quality of acts is known. (a) Proximately, this is right reason, which is the superior faculty and guide of the will; (b) remotely, it is the divine intellect, from which reason receives its light.

~~68. The preceptive norm of morality is that which points out duty with respect to good and evil. (a) Proximately, it is conscience; (b) remotely, it is the law of God.~~

69. The species of morality are three: (a) an act is morally good when it is in harmony with the norms of morality mentioned above (e.g., prayer, works of charity); (b) an act is morally bad when it is out of harmony with those norms (e.g., blasphemy, injustice); (c) an act is morally indifferent when, if considered in the abstract, it neither agrees nor disagrees with moral norms (e.g., walking, riding, etc.).

70. The Sources of Morality.—The sources from which the morality of an act is derived are its own tendencies and modes, in so far as they have a relation of agreement or disagreement to the standards of morals. These sources are: (a) the object of the act, from which it derives its essence (e.g., God is the object of charity); (b) the circumstances of the act, by which it is modified accidentally (e.g., fervor is a circumstance of the act of charity); (c) the purpose or end of the agent, which is the chief circumstance (e.g., to please God, as the purpose of a work of charity).

71. The object of an action is that to which it primarily and naturally tends as to its term and end, and from which it is named. Thus, an alms is directed immediately and of its own nature to the relief of the poor (end of the act); it is only secondarily and from the direction given it by the agent that it tends to generosity and edification, since the agent may give stingily, or from a bad motive (end of the agent).

72. The circumstances are all those conditions, different from the object, that affect the morality of the act. The chief moral circumstances are: (a) the time (i.e., the duration, the character of the day, as a holyday, fast-day, etc.); (b) the place (i.e., in public or in private, in church or elsewhere, etc.); (c) the manner (i.e., the advertence or inadvertence, the cruelty, etc.); (d) the quantity or quality of the thing done (e.g., that an alms is large or small, that the person who is helped is more or less deserving, etc.); (e) the purpose of the agent (e.g., that an alms is given to honor God); (f) the quality or condition of the agent (e.g., that the giver of an alms is poor himself); (g) the means used (e.g., that a benefactor’s own money is used against himself).

73. With reference to their influence on the moral character of acts, circumstances are divided as follows: (a) circumstances that change the kind of morality, by making what was good to be bad, what was indifferent to be good or bad, what was venial to be mortal, what belonged to one class of mortal sins to take on another character, etc.; (b) circumstances that change the degree of morality, by making a good act more or less good, or by making a bad act more or less bad.

~~74. The purpose or end of an action is the reason which induces the agent to act. It is the chief circumstance of an act, and hence is treated as a separate source of morality.~~

75. The end or purpose is twofold. (a) It is the total end when it alone is intended, so that the action is done with no other aim in mind. Thus, if one helps the poor only to practise charity, the total motive is charity. (b) The end is partial when it is intended along with another motive of equal or unequal force. Thus, if a person helps the poor in order to relieve them and also to benefit temporarily by his charity, the assistance of others is only a partial motive of his act; and if he would not give alms except in view of the personal advantage he expects, charity becomes the secondary motive.

76. Good Acts.-An act is said to be entirely good when all its elements—its object, circumstances and purpose—are in conformity with the standards of morality. Thus, an alms given to one in need, in a considerate manner, and purely out of love for God, is good in every respect. Furthermore, the fact that the circumstances and purpose of the act are good increases the goodness derived from the object of the act.

77. An act is likewise entirely good when at least one of its elements is good, the others being indifferent, and none evil; for it is the good alone that is intended (see 85), and this gives the moral color to the whole act. This happens as follows: (a) when the object is indifferent and the purpose good, as when one takes a walk for the purpose of performing a work of mercy; (b) when the object is indifferent and a circumstance good, as when one eats a meal with intentional moderation; (c) when the object is good and a circumstance indifferent, as when one prays with unintentional stammering.

78. An act is partly good when, while its object is good, there is some evil in the circumstances that does not neutralize or transform the object. This happens in the following cases: (a) when the object is good and some minor circumstance, not intended as affecting the substance of the act, is evil, as when a person prays with distractions; (b) when the object is good and a partial, but not predominant motive is slightly evil, as when a person prays in public in order to give edification and also incidentally to help his reputation. In both these cases the good—i.e., the worship of God—is desired for itself as good, and the evil that is simultaneously desired does not change this good object.

79. Bad Acts.-An act is called entirely evil when all its elements—its object, circumstances and purpose-are contrary to the moral norms. Thus, to steal, on a large scale, in order to drive the victim to desperation is an act that is entirely wrong. The wickedness of the circumstance and of the motive increases the wickedness of the object of the act.

80. An act is likewise called entirely bad, when one or more of its elements are of themselves good or indifferent, but when there is an element which is evil and which neutralizes or transforms the good. This happens in various ways:

~~(a) when the object is evil, and the purpose is good, as when one steals in order to pay one’s debts. The good end is wished only as obtainable through a wicked means, and thus ceases to be good;~~

(b) when the object is good or indifferent, and the total purpose is evil, as when one talks or prays with no other motive than to annoy another person. The good is willed, not as good, but only as a means to evil;

(c) when the object is good or indifferent, and a partial but ulterior purpose is evil. For example, if a person extinguishes a fire in order to save a neighbor’s house and thus be enabled to rob him; if a person takes physical exercises to develop his strength so as to be enabled to bully a neighbor. The good act and the immediate end in these cases are intended not for the sake of their goodness, but as instruments to the accomplishment of the evil ulterior end;

(d) when the object is good or indifferent, and an evil circumstance is intended, not as a circumstance, but as forming a unit with the object and as affecting the substance of the act—for example, when a person intends prayer precisely as distracted, thus converting prayer into a sin. The good object is willed in such cases, not as good, but as vitiated by an evil circumstance.

81. Although an act is totally evil when the good in it is absorbed by the evil, the presence of what is good in itself can diminish, though it cannot take away, the evil. Thus, to lie in order to help a neighbor is totally evil; yet, it is not as great an evil as to lie to hurt that neighbor.

82. Indifferent Acts.—An act is entirely indifferent if all the elements in it—its object, circumstances and purpose—are neither harmonious nor discordant with the standards of morality. Such an act would be walking home rapidly in order to eat a meal, if besides these factors, which bear no relation to good morals, there was nothing else in the act that did bear such a relation.

83. As to the actual existence of a human or voluntary act that is morally indifferent, we conclude: (a) Considered in the abstract and universally, some human acts are morally indifferent; for if acts be considered with reference to their objects alone and apart from the circumstances that accompany them, and as they are classified in the mind, it is clear that many of them have no determinate relations to moral norms—e.g., reading, writing, walking, etc. (one can read either good or bad literature); (b) considered in the concrete, and as they happen in individual cases, no human acts are morally indifferent, since the purpose of the agent is either according to right reason or against it, so that, in spite of the indifferent object, the act becomes either good or bad by reason of the presence or absence of the good purpose.

84. Considered even in the concrete and in individual cases, all acts that are not human, but indeliberate or involuntary (see 23 sqq.), are morally indifferent—or, more correctly, unmoral, as being outside the genus of moral acts on account of the absence in them of will, which is the prerequisite of morality. Thus, absent-minded acts are neither good nor bad morally.

85. As to the kind of intention required to make an indifferent act morally good, or which should be had when the act is objectively good, we conclude: (a) The good intended must not be solely a sensible good (i.e., the pleasure that the act gives), but also and chiefly a rational good (i.e., its conformity to moral standards), since man, unlike the animals, was made, not for sensible, but for rational good. Hence, to eat deliberately with no other end than that of gratifying the palate, is to eat without a moral purpose worthy of a human being, and is a bad act.

(b) The moral good of virtue which is intended in acts must not be regarded as the supreme good, but should be referred to God, since He alone is the Last End (see 20). Hence, to eat and drink with moderation solely because that is reasonable and suitable to human nature, if one excludes the Last End, is to slight the necessary purpose and is morally bad. (c) The intention of moral good or virtue in human acts need not be actual or reflex. Thus, a person who has a previously formed intention of living reasonably, or who at the time of eating intends to eat moderately for the sake of health, sufficiently intends a moral end. Likewise, it is not necessary that the reference of an act to the Last End be made actually or explicitly. Hence, every person in the friendship of God, in all his deliberate acts that are not evil, has a sufficient reference of them to God contained in the fact that he has chosen God for his Last End, or in that here and now he intends some motive that becomes a rational being.

~~86. An actual and explicit intention of the moral goodness of an act, and an actual and explicit reference of the act to the Last End, though not necessary, increase the moral value of what is done.~~

~~87. Axiom of Pseudo-Dionysius: “That act is good whose causes are complete; that act is evil in which a single cause is lacking.”~~

(a) This axiom can be understood as referring to perfect good, and the meaning then is that an act is not perfectly good in the moral sense unless all its elements—its object, purpose and circumstances—are good; just as an oration is not called perfect, unless all its elements—the speaker, the matter, the style and the delivery—are what they should be. Hence, a single defect is enough to make an act fall short of perfection.

(b) The axiom can be understood of essential goodness, and the meaning then is that an act is not essentially good unless all the causes that contribute to essential goodness—the object of the act and any circumstances that may through the intention of the agent take on the character of object—are good; just as a man is not said to be healthy, unless his heart, lungs, and all the other chief parts of the body are sound. Hence, an act is substantially bad, if either its own end (the object of the act) or the special purpose had in mind by the agent (the end of the agent) is bad, as explained above in 79-81.

88. The axiom of Dionysius does not mean: (a) that an act cannot be essentially or substantially good and at the same time accidentally bad (see 78), for, if even one circumstance not properly attended to could change an act from good into bad, how few good acts would be done even by the most saintly persons! Example: Caius who sacrifices himself for the service of God and his neighbor, now and then feels some slight vanity over his work. His acts remain substantially good. (b) The axiom does not mean that an act cannot be substantially bad and yet have good circumstances that diminish its badness (see 81).

89. Morality of the External Act.—Having considered the morality of the internal act, we shall now turn to the external act (such as giving an alms, stealing, and the like), and inquire whether it has a morality of its own distinct from that of the internal act (see 56 Sqq.).

90. If the external act be considered precisely as it is the object, or effect, of the internal act of the will, it does not add any essential morality to the internal act, since, having no freedom of its own, it is moral only in so far as it proceeds from the will. In this sense, then, he who gives an alms to the poor, and he who would give it if he could, are equal in goodness of will; and he who wishes to defraud, and he who actually defrauds, are equal in malice of will.

91. If the external act be considered precisely as it is the term towards which the internal act tends, it completes the essential morality of the internal act by extending and communicating it without. For, though this external act cannot add a distinct morality of its own, it does carry the internal morality to its natural conclusion and diffuses its good or evil. In this sense, he who actually gives an alms is more deserving than he who really desires to give but is unable; and he who really defrauds is more reprehensible than he who wishes to defraud but cannot.

92. If the external act be considered precisely as something added to the internal act, it can increase the accidental morality of the internal act by the reaction of the external circumstances on the will. This can happen in such ways as the following: (a) the performance of the external act, being pleasurable or difficult, increases or decreases the intensity of the will to act; (b) the performance of the external act, since it requires more time than the internal act, prolongs the latter; (c) the external act by reason of repetition may also increase the strength of the internal act.

93. Furthermore, it is through the external act that edification or scandal is given, that penalties or rewards for overt action are deserved, etc. Examples: Titus bears murderous hatred towards Balbus, but keeps it concealed. Caius also hates Balbus, and first calumniates him, thus giving scandal, and then kills him, thus making himself liable before the law.

94. The Morality of the Act That Is Indirectly Willed.—An act is said to be willed indirectly, or in its cause, when it is foreseen as the result of another act which alone is directly intended (see 35 sqq.). According to the different moral character of the acts, there are four cases in which the act is willed indirectly:

(a) when both the act directly willed and the resultant act are bad. Examples: Titus is heartily opposed to quarreling and blasphemy; but he makes himself drunk to forget his troubles, foreseeing that he will quarrel and blaspheme while in that state. Balbus has a real dislike for uncharitable thoughts; but he chooses the company of a notorious scandalmonger in order to be amused, knowing that thoughts against charity will be caused by listening to him;

(b) when the act directly willed is bad and the resultant act is good. Example: Caius is very miserly when sober, but liberal when intoxicated; to vary the monotony of his life, he decides to become intoxicated, but grieves at the thought of the money he may give away to some deserving charity before he returns to his senses. Sempronius decides on an act of injustice with sorrow over the unbidden thoughts of remorse or repentance that will follow his act;

(c) when both acts are good. Example: Out of charity Titus makes up his mind to visit a pious relative who is ill; and he foresees that thoughts of improving his own conduct—a thing not pleasing to him—will be occasioned by this visit;

(d) when the act directly willed is good and the resultant act is bad. Examples: Balbus takes a drug prescribed for his health, although he foresees it will make him unable to go to church. Caius gives alms to the poor, intending only an act of charity, but he knows that thoughts of vainglory will arise.

95. The act indirectly willed sometimes gives, sometimes does not give, a new morality. (a) Thus, if it is good, it adds no internal goodness, since the will only permits, without intending the good act. Example: Caius, who does not intend, but regretfully permits his act of charity which he foresees, does not desire the act of charity. (b) If it is bad, the act indirectly willed adds a bad act of the will, if the will desires evil by permitting what it has no right to permit. Example: Titus who does not prevent, when he should, what will lead to blasphemy on his part, implicitly desires the act of blasphemy.

96. The Morality of the Consequences of an Act.—Man’s life receives its moral character, not only from his internal and external acts which are done in the present and from those which he knows will result from them in the future, but also from the influence his acts exercise now and afterwards upon his fellowman. It is this influence upon others that we now speak of as the consequences of an act. According to the case, the consequences sometimes add, sometimes do not add, to the morality of an act. The good men do lives after them, and also the evil. There are various kinds of consequences:

(a) foreseen consequences, which, if intended, add to the morality of an act, since it is clear that one who wishes the many good or evil results of his act is better or worse in intention than another who has no such wish. Thus, one who knows that many will be edified or scandalized by his conduct, and wills the result, is better or worse than if he had no such will about those consequences;

(b) unforeseen consequences, which, if they follow naturally and usually from an act, make the act in itself better or Worse according to their character. Thus, the teaching of Christian doctrine is good as conveying a knowledge of truth, but it is made better on account of the spiritual benefit of others that naturally results from it. Similarly, the teaching of evil is made worse on account of the evil consequences it usually produces;

(c) unforeseen consequences, which, if they follow only accidentally and rarely from an act, do not affect its morality, since an act must be judged by what belongs to its nature, not by what is merely occasioned by it. Thus, the fact that an alms is used by the recipient as a means to intemperance does not detract from the goodness of the almsgiving done for the sake of charity. Likewise, the fact that an injury is used by the sufferer as an occasion for spiritual profit does not lessen the wickedness of the injurious act.

97. Imputability.—Just as an act may be an act done by man (i.e., higher than the operations of brutes) and yet not be human (i.e., not performed in the manner that is proper to man as man; e.g., an act of reasoning or of decision during a dream, see 23 sqq.), so an act may be moral (i.e., in conformity or disagreement with the standards of right) and yet not imputable as good or bad to the agent (e.g., a prayer or imprecation said by an infant, or the drunkenness of one who did not realize the power of a liquor).

98. Imputability is that property of an act by which it belongs to its agent, not only in its physical nature as something of himself or as an effect produced by him or in its human quality of subjection to his will, but in its moral character of goodness or badness. From contact with the moral object, the agent takes as his own something of the brightness or defilement of that object, and so becomes chargeable himself with goodness or badness.

~~99. The conditions for the imputability of an act are:~~

(a) the act must be human—i.e., it must be performed knowingly and willingly (see 23 sqq.). One is not chargeable with the quality of the act, if not responsible for its very substance. Example: Titus suffers such intense pain that he does not know what he is saying, and he blasphemes. The morality of blasphemy is not unknown to him, but his present act is not voluntary, and hence is not imputable;

(b) the morality of the act must be known, or be something that should be known, at least in a general way, to the agent; for no one is responsible for what he is wholly ignorant of through no fault of his own. Example: Titus, Caius, Balbus and Sempronius rob the orchard of their neighbor. Titus in good faith thinks he is doing an act of virtue, because the owner owes money to his companions. Caius thinks that some kind of sin is being committed, but he does not know whether it is theft, or gluttony, or what. Balbus thinks that only a venial sin of stealing is being perpetrated. Sempronius, the youngest of the crowd, looks on the whole affair as a part of the day’s sport. All committed theft, and the act is wrong; but Titus and Sempronius were not guilty of sin, since they were in good faith. Caius and Balbus committed sin, the species and degree depending on the knowledge they had or should have had (see 588 sqq.);

(c) the morality of the act must be willed. If the act is good, the goodness must be intended, since a person should not get credit for what he does not wish. Example: Titus does not believe in virtue, and Caius is opposed to helping the poor; but both give an alms to a beggar, the former in order to get rid of the beggar, the latter in order to get rid of some old clothes. Hence, neither wishes or receives credit for the charity done. If the act is bad, the badness is sufficiently intended by the performance of what one knows is forbidden and wrong. The will chooses contact with the evil object, and thus implicitly with the evil of the object. Example: Balbus protests that he does not wish to harm anyone, and then proceeds to calumniate his neighbors. His disavowal of sinful intent does not make him any the less responsible for his calumny.

100. Imputability may be conceived as making one responsible for the moral quality of an act in three ways: (a) generically, if one should get the credit or diseredit of goodness or badness only; (b) specifically as to kind, if one gets the credit or discredit of a particular category of goodness or badness; (c) specifically as to degree, if one gets the credit or discredit of higher or lower grades of the same virtue or vice, or if one is made guilty of mortal or venial sin. These points will be discussed in the articles on the virtues and vices (see 186 sqq.).

~~101. Goodness is imputable as follows:~~

(a) As regards internal acts, a person is credited with all the goodness of the object, end, and circumstances, in so far as it is known and willed by him. Example: Titus purposes to pray in a penitential posture, in order to obtain the virtue of humility. Hence, he has the credit of worship, mortification and humility through his holy desire. If he thought of the penitential posture, not as a moral circumstance, or if he regretted it, he would have the act, but not the credit of mortification;

(b) As regards external acts, a person is credited with the greater readiness or intensity or duration which, through it, his will gives to what is good. Example: If Titus prays in the manner above described, his good will is intensified, and he has the credit of this increase in the accidental goodness of his act;

(c) As regards acts indirectly willed, one is not credited with their goodness, if this is merely permitted. Example: Sempronius, who is sorry that thoughts of a better life will go through his mind as a consequence of going to church, has not the credit of those good thoughts;

(d) As regards consequences that were foreseen, or that naturally result from an act, one is not credited with their goodness, unless it was wished. Example: Balbus teaches religion to children because he is paid to do so; Caius does so because it is a good act. The consequence that these children afterwards live virtuously is not morally creditable to Balbus, since he thought nothing about it; but it is a circumstance that increases the goodness of Caius’ act, since he intended his teaching precisely as it is a good work;

(e) As regards consequences that are not natural results of an act, if they were not foreseen or intended, they are not credited to the agent. Example: Titus speaks a simple and ordinary word of good advice to Sempronius, but the impression is so great that Sempronius undertakes and accomplishes extraordinary things, which Titus would not have deemed possible or advisable.

~~102. Evil is imputable as follows:~~

(a) As regards the internal act, a person is guilty of all the evil of the object, end and circumstances, as far as it is known and willed by him. Example: Balbus wishes he could steal all the possessions of Caius, and thereby drive the latter to suicide. Balbus has committed theft and murder in his heart;

(b) As regards the external act, one is guilty of all the circumstances of greater willingness, etc., which it adds to the internal act. Example: If Balbus actually steals from Caius and causes his death, his malice is shown to be very strong and to extend to the evil consequences of his external acts;

(c) As regards acts indirectly willed, one is guilty of the evil they entail, if one could and should have prevented it. Example: Balbus is guilty of the blasphemies he foresees will take place when he has taken too much drink, for he could and should have kept sober.

(d) As regards the evil consequences of acts, foreseen or natural, one is responsible for the evil, if one could and should have prevented it. Examples: Titus knows that a beggar will use profane language if denied an alms, but Titus cannot spare the money and is not responsible for what happens. Sempronius blasphemes in the company of many, and is therefore guilty of the sin of scandal, since he has no right to blaspheme;

(e) As regards the evil consequences of acts that could not have been foreseen, they are not imputable. Example: Balbus steals fifty cents from Caius, and the latter is so heartbroken that he commits suicide. Balbus is not responsible for the suicide, since such a thing was far from his thoughts when he stole.

103. It was just said (102, d) that when two results, one good and one evil, follow an act, the evil is imputable if it could and should have been prevented. It is not always easy, however, to determine at once when the evil result should be prevented, and, as cases of double effect are many, it will be useful to give rules that are more particularized, and that enable one to decide when it is lawful to do that from which will follow an act indirectly willed, or a consequence that is evil.

~~104. It is lawful to perform an action from which an evil effect is foreseen when the following conditions are present:~~

~~(a) the action willed itself must be good or at least indifferent; for clearly, if the action is bad, it is also unlawful;~~

(b) a good effect must also follow from the act, and it must not be caused by the evil effect; for the end does not justify the means. Thus, it is not lawful to take what belongs to others in order to give alms, for the evil effect (stealing) results from the act (taking) immediately; whereas the good effect (almsgiving) results only mediately through the theft;

(c) the agent must intend only the good effect, since it is unlawful to wish evil. Thus, if one foresees that one’s virtuous life will cause the sin of envy in a neighbor, this evil result of one’s virtue must not be entertained by one as something pleasing;

(d) the agent must have a reason sufficiently weighty for permitting the evil result that follows his act. Evil should not even be permitted, unless there is adequate compensation in the good that is intended.

~~105. To judge whether a reason for permitting an evil effect is proportionately grave, the following rules should be kept in mind:~~

(a) the greater the evil that results, the greater must be the good that is intended. Thus, it is not lawful to kill a robber in order to save a small amount of money: but it is lawful to kill an aggressor, if this is necessary in order to save one’s life;

(b) the greater the dependence of the evil effect on one’s act, the greater must be the reason for performing the act. Example: Titus gives permission to his class to play a game against another class, foreseeing quarrels and disputes between the teams. Less reason is required for granting the permission, if Titus knows that higher authority will grant it, should he refuse it;

(c) the more nearly the evil effect follows upon the act, the greater must be the reason for the act, Thus, less reason is required to direct a person who looks like a heavy drinker to the city than to direct him to a bottle of strong drink;

(d) the more certain it is that the evil effect will follow, the greater is the reason required for placing its cause. For example, one who speeds in an automobile on an unfrequented road, does not require the same excusing cause as one who speeds on a thoroughfare where many other cars are passing;

(e) the more obligation one has to prevent the evil effect, the graver is the reason required for placing its cause. Thus, since parish-priests, lawgivers, superiors and policemen are bound by their office to prevent moral disorders, a far greater cause is required in them, than in persons who have no such charge, for doing what will have an evil consequence.

Art. 4: ACTS AS MERITORIOUS

~~(_Summa Theologica_, I-II, q. 21.)~~

~~106. When the morality of an act is attributable to one as one’s own, one becomes worthy of praise and reward, if the act is good, but deserving of censure and punishment, if the act is evil.~~

~~107. Definitions.—Merit is the right to a reward arising from works done for God. Demerit is the debt of punishment incurred on account of works done against God.~~

108. Divisions.—According to the difference of the person who confers the reward, there are two kinds of merit: (a) human merit, or the claim which a person has to a reward from his neighbor, or from society, for the benefits he has conferred upon his neighbor or society; (b) divine merit, or the right a person has to receive a reward from God for the fidelity wherewith he has exercised stewardship over his acts, of which God is the Last End, or wherewith he has served society, of which God is the Supreme Ruler. Only divine merit is here considered.

109. According to the difference of the object of the reward, there are two kinds of merit: (a) natural merit, which makes one worthy of a reward that does not exceed the native powers or exigencies of a created being, such as success, prosperity, or other goods that do not constitute the Last End of man (see 20). Thus, we read in scripture of pagans or sinners who were blest with temporal happiness on account of their natural virtues; (b) supernatural merit, which makes one worthy of the beatitude surpassing mere created power that God has prepared for those who serve Him (see 20). It is only this kind of merit that is being considered here; for, since the Last End of man is a supernatural reward (viz, the Beatific Vision of God), it follows that the acts by which he tends to that End must be not only human and moral, but supernaturally meritorious.

110. There are four kinds of supernatural merit: (a) condign merit in the stricter sense, that is merit which arises from justice, and which presupposes no favor on the part of the rewarder. In this sense Christ merited, since even the grace which made His merits supernatural was due to Him as the God-Man; (b) condign merit in the less strict sense, that is merit which arises indeed from justice, but presupposes a favor on the part of the rewarder. In this way the righteous merit before God, since their works confer a right to their own reward, while the grace which enables them to perform their works is a divine favor; (c) congruous merit in the stricter sense, that is merit which arises not from justice (since there is no equality between the work and the reward), but from the fitness of things, because the person who merits is a friend of God. In this way all who are in the state of grace can merit spiritual goods for others; (d) congruous merit in the wide sense, that is merit which arises from the liberality of God, who answers a good work as if it were a prayer. In this way the good works done by sinners can be said to merit conversion for them.

111. The second kind of merit mentioned above—i.e., condign merit in the less strict sense—is that with which we are chiefly concerned here, since it is the kind of merit that must be found in human acts in order that they may lead man to a supernatural reward. A fuller treatment of merit is found in Dogmatic Theology in the Question on Grace.

112. The conditions requisite for the kind of merit now in question are: (a) that the work done be human, that is, free, morally good, and supernatural (i.e., proceeding from sanctifying grace and divine charity); (b) that the one who merits be in the wayfaring state (i.e., that he have not already passed to final reward or punishment), and that he be in the state of grace; (c) that God has promised a reward for the work done. From the statements made above, it follows that all the human and morally good works of those who are in the state of grace possess condign merit.

113. The objects of condign merit—i.e., the rewards promised by God for the good works done for Him in this life—are: (a) an increase of sanctifying grace; (b) the right to eternal life; (c) the attainment of eternal life, if the one who merits dies in grace; (d) an increase of glory.

114. The conditions for the merit of strict congruity are the same as those given above (112), except the promise made by God, which is not required. Examples of this kind of merit are the sanctity of the Blessed Virgin, which made her deserve more than others to be the Mother of God, and the conversion of St. Paul through the merits of St. Stephen.

115. For the merit of wide congruity it is necessary that the work done be morally good. Examples of this kind of merit are the sighs of the ancient Patriarchs, as obtaining the coming of the Messiah. The just man can merit with the merit of wide congruity the following: (a) his own conversion after a future fall; (b) his final perseverance; (c) temporal goods.

Art. 5: THE PASSIONS

~~(_Summa Theologica_, I-II, qq. 22-48.)~~

~~116. Having discussed the acts proper to man, we shall now speak of the passions, which are common to both man and beast.~~

117. Definition.—The passions—also called the emotions, affections, or sentiments—are acts of desire; but, unlike the acts of the will, they are directed, not to good apprehended by the higher knowing power of the intellect, but to good apprehended by the lower knowing power of sense and imagination. They are defined as: acts or movements of the sensitive appetite which arise from the representation of some good in the sense faculties, and which produce some transformation in the body, such as palpitation of the heart, increased circulation of the blood, paleness, blushing, etc.

118. Division.—There are two classes of passions; (a) the concupiscible, which have as their object sensible good considered as delightful, or sensible evil considered as unpleasant, and which are love and hatred, desire and flight, delight and sadness; (b) the irascible, which have as their object sensible good or sensible evil considered as difficult to attain or to avoid, and which are hope and despair, boldness and fear, anger.

119. The concupiscible passions are defined as follows: (a) love, the first of the passions and the cause of all the others, tends to sensible good considered as desirable, abstracting from its presence or absence; while hatred is the aversion from sensible evil considered precisely as unsuitable and abstracting from its presence or absence; (b) desire tends to sensible good that is absent, and flight turns away from sensible evil apprehended as future; (c) delight is the affection produced in the sensitive appetite by the presence and possession of the object desired; (d) sadness is the passion which dejects the soul on account of the presence of an evil.

120. The irascible passions are explained as follows: (a) hope reaches out towards a future good whose attainment is difficult, but not impossible; despair turns away from a good that seems impossible of attainment; (b) bravery goes out to attack an evil that seems difficult and imminent, but not unconquerable; fear falls back before a future difficulty that seems irresistible; (e) anger is the desire of vengeance for an injury received.

121. Moral Value of the Passions.—The Stoics held that all the passions are diseases of the soul, and that one is perfect when one arrives at the condition of being passionless or apathetic. Lucretius, on the contrary, taught that all the impulses of passion are good. The truth is that the passions are good or evil according to the way they are considered. (a) Physically, the passions are good, since they are the acts of natural powers, or the perfection and complement of something good in itself. (b) Morally, they are indifferent, if they are viewed in themselves, as the product of the sensitive appetite. For this appetite is an irrational power of the soul, similar to that of the beasts, and acts are not moral unless rational—i.e., an act is good or evil only from its relation to reason. (c) Morally, the passions are good or bad, if commanded by reason and will, for thus they partake of the good or evil that is in the acts from which they proceed, just as the acts of the external members of the body are moral in so far as they execute the commands of the will. The passions are voluntary if commanded by the will, or not forbidden by it. Examples: Our Lord looked about Him with anger, being grieved at the blindness of His enemies who watched Him in the synagogue (Mark, iii. 5); He wept over the destruction of Jerusalem (Luke, xix. 41); He was sad at the approach of His passion (Mark, xiv. 34).

122. The passions are morally good: (a) if they are directed by the will to a morally good object; for example, shame is a praiseworthy passion, because it is fear of what is dishonorable, and pity is also good, because it is according to right reason, being sorrow for the misfortune of another; (b) if they are chosen by the reason for a good purpose; for example, it is good to excite the emotion of joy that one may pray with greater fervor, or to arouse the feelings of pity, fear, or hope, in order that one may be more earnestly moved to acts of mercy, repentance, courage; (c) if the circumstances are moderated according to right reason; for example, to grieve over the death of a friend excessively, so that one is unfitted for duty and suffers in health, is unreasonable; but to grieve even unto tears, as Christ did at the tomb of Lazarus, is an act of piety. Similarly, the slight anger of Heli was blamable and the great anger of Moses was laudable, because the evils in both instances called for severity (I Kings, ii, iii; Exod., iii).

123. The passions can either diminish or increase the goodness of an act. (a) They diminish its goodness, if they are antecedent—i.e., prior to the judgment of the reason—for they thus obscure the mind and make the act that follows less voluntary. For example, there is less goodness in an alms given under an impulse of sentimentality than in one given after serious consideration of the matter and from a motive of charity. (b) They increase its goodness if they are consequent—i.e., subsequent to the judgment and the result of the vehemence of the will, or of deliberate encouragement by the will (see 47 sqq.)—for, just as the external act increases the goodness of the internal act, so is it better that man should tend towards good, not only with the will, but also with the emotions. Examples: The spiritual gladness of the Psalmist is seen to have been more than ordinarily great from the fact that it acted upon his feelings, and both heart and flesh rejoiced (Ps, lxxxii. 3); to sing a hymn in order to encourage oneself to greater fervor or devotion adds to the goodness of what is done, through the greater promptness or ease it causes in the act that follows.

124. The passions are morally evil: (a) when they are commanded by the will and directed to an object, a purpose, or circumstances that are evil, Thus, envy is an ignoble passion, since it is unreasonable, being sorrow at another’s success. Examples; Titus drinks to excess for the delight of intoxication (bad object); Balbus purposely excites his imagination, that he may hate more bitterly and act more cruelly (bad end); Sempronius loves his children so immoderately that he grows morose and jealous (bad circumstance). (b) The passions are also morally evil when they should be forbidden and are not forbidden by the will. Example; Caius is surprised by a sudden burst of anger, which, though he judges to be unreasonable, he does nothing to check.

125. The passions can remove, diminish or increase the evil of an act. (a) Thus, antecedent passions take away all evil, if (a thing that is rare) they prevent entirely the use of reason; they diminish malice if they obscure the judgment. Examples: Balbus, fearing that he is about to drown, becomes panic-stricken, seizes Titus and almost drowns him. Caius, threatened with a black eye if he refuses, calumniates: his calumny would be worse if he acted coldbloodedly. (b) Consequent passions increase the evil, for then they manifest a strong intention, or are the result of direct purpose. Examples: Sempronius attacks the conduct of an opponent, not with dispassionate argument and from a love of truth, but with bitter personal feeling and from a desire of revenge. Titia works herself into a rage that she may be the more ready for an encounter with a person of whom she is unjustly jealous.

126. Though the passions are physically good and in their nature morally indifferent, they may have physical reactions or moral consequences that are harmful or evil. These dangers may be physical, mental or moral.

(a) Physical Dangers of the Passions.—It is a well-known fact that there is a close connection between the passions and the nerves, heart, and bodily organism in general, and that strong or persistent emotion can work great detriment to the health, producing disease, unconsciousness, or even death.

(b) Mental Dangers of the Passions.—It is admitted by all that the passions disturb the judgment, and can even take away the use of reason. For they act upon the body or the senses, and these in turn affect the mind in a way similar to what happens in sleep or intoxication. Thus, love makes one blind to the defects of the object of one’s love; fear makes one magnify the evil of what is dreaded; melancholy unbalances the mind, etc.

(c) Moral Dangers of the Passions.—It is likewise a matter of common experience that the passions are a source of many temptations and sins. Often they are antecedent (i.e., not premeditated or willed), as when they arise from bodily states over which one has no control or from imaginations strongly fixed in the mind, and at the same time tend to that which is not according to right reason, rebelling against the law of the mind. Thus, a person whose health is bad is easily dispirited, and this feeling occasions temptations to despair; one whose memory is haunted with the image of a lost parent becomes a prey to sadness, which makes it difficult to perform duties with zest and diligence.

127. A passion may become morally bad on account of the physical or mental evils connected with it. (a) Thus, a person has duties to his own well-being, and he indirectly wills (see 35 sqq., 94 sqq.) to neglect these duties, if he indulges harmful passions. Example: Sempronia grieves immoderately over the death of her mother, with the result that her health and mental vigor are impaired. (b) A person also has duties with respect to the life, health, and happiness of his neighbor, and he chooses to neglect these duties if he unjustly provokes emotions in others, foreseeing injurious consequences (see 96 sqq.). Examples: Titus so vexes Balbus by petty annoyances that the latter loses appetite and sleep, and becomes an invalid. Sempronia so exasperates her father by long-continued unfilial conduct that the latter becomes insane. Caius appeals to prejudices in order to have injustice done to a rival.

128. As to passions that incite to evil or deter from good, we must observe the following: (a) if the passion is consequent, one is placing oneself or others in danger of sin, and one’s conduct must be judged according to the principles given in 258 sqq. (Examples: Titus likes to brood over his troubles, although this causes temptations to neglect duty; Sempronia makes remarks to a hot-headed acquaintance which are a provocation to great uncharitableness); (b) if the passion is antecedent, it constitutes a temptation which one is bound to resist (see 252 sqq.). Example: Balbus has a natural dislike for Caius, and often feels impelled to judge him rashly or treat him unjustly.

129. Antecedent or involuntary passions, as well as other involuntary acts of imagination, thought and will, tending to evil, are sometimes called “first motions of the soul,” as distinguished from consequent or voluntary passions and acts, which are known as “second motions of the soul.” The first motions are of two kinds: (a) those that precede all deliberation and consent, actual or virtual (_motus primo-primi_), and these are free from all sin; (b) those that precede full deliberation and consent, but follow on partial deliberation (_motus secundo-primi_). These latter are venial sins.

Most theologians since the Council of Trent maintain that the inordinate movements of passion which precede the advertence of reason, such as lust, envy, sloth, etc., are not sins. The Council of Trent defined that the _fomes peccati_ has never been understood by the Church to be truly a sin in the baptized, but has been called sin by St. Paul in the sense that it is from sin and inclines to sin (Council of Trent, fifth session). On the basis of this text some authors argue that it is of faith that the inordinate motions called _primo-primi_ are not sins for the baptized. The condemnation of both the fiftieth proposition of Baius: _The evil desires to which reason does not consent, and which man endures unwillingly (_invitus_), are prohibited by precept_; and his fifty-first: _Lust, or the law of the members, and evil desires of it, which men suffer unwillingly, are true disobedience of the law_; is interpreted as establishing as certain the non-sinfulness of such movements in infidels. (See Merklebach, O.P., _Summa Theol_. Mor., Vol. I, n. 448).

St. Thomas taught otherwise that such inordinate movements of passion are venial sins (_Summa. Theol_. I-II, q. 74, a. 3, ad 2um; _de Malo_ q. 7, a. 6. ad 4m; _de Veritate_, q. 25, a. 5). Although they precede the deliberation of reason, they attain to the order of moral acts, however imperfectly, insofar as sensuality in man by its nature is made to be subject to reason. Reason can and ought to control these motions, but fails to do so owing to the great number of them possible to occur. Hence they are not involuntary, but indirectly voluntary as sins of omission (_II Dist_. 24, q. 3, a. 2; _de Veritate_, q. 25, a. 5; _Quodlib_. IV, q. 11, a. 1). Since these movements are indirectly voluntary, St. Thomas’ teaching does not conflict with the Council of Trent which speaks of the _fomes_ as habitual dispositions and not of its acts which St. Thomas considers. Clearly, too, his teaching does not fall under the condemnation of the propositions of Baius; with Baius the motions are involuntary, but for St. Thomas indirectly voluntary.

St. Thomas distinguishes the motions of sensuality differently from modern manualists. For him the motions-_primo-primi_ arise from corporal dispositions which are not under the control of reason and hence can not be sins. Motions-_secundo-primi_ arise from some apprehension of the internal senses proper to the passions and can, at least if taken singly, and ought to be ruled by reason. Thus, they are moral acts (_de Malo_, q. VII, a. 6, ad 8um; _II Dist_. 24, q. 3, a. 2).

130. Bodily suffering or sickness is sometimes called a passion of the body, but, unlike the passions of the soul, it is a physical evil. Morally considered, it is indifferent in itself, but it has contacts with morality in various ways. (a) Thus, it may receive morality from the will. Examples: Sufferings endured with resignation are acts of virtue; sickness or pain inflicted upon others is imputable to the unjust cause. (b) It may affect the morality of the act of the will. Examples: Severe toothache or other exquisite pain is an extenuating circumstance in sins of grumbling, for the suffering draws so much attention to itself that deliberation on other things is much diminished; weakness of stomach may be a moral advantage in freeing one from temptations to over-eating.

131. Though the passions are good in themselves, they are often morally dangerous. The regulation of the passions through the virtues of fortitude and temperance will be treated later on, but we shall indicate here some natural means by which, God helping, their first motions may be controlled. (a) Thus, if a passion is not strong, it may be repressed directly by command of the will. Example: The impulse to anger may sometimes be checked by the command of silence. (b) If a passion is strong, it may be combated through other activities which are its opposites or which, through the amount of energy they call for, will diminish proportionately the force of the passion. Examples: In time of fear one can fall back on thoughts of confidence; in time of mourning one can seek joy or alleviation in the society of friends or in the repose of sleep. Study or other strenuous occupation is an excellent means to overcome impetuous passion.

(c) If a passion is persistent, it may be diverted to some lawful object vividly represented and held in the imagination and thoughts. Examples. Those who are inclined to love immoderately the world or the things that are in the world should direct their love to divine goodness. Those who are inclined to be too fearful of men should think how much more God is to be feared.

Question II
GOOD AND BAD HABITS

132. Having considered human acts and the passions, we now pass to a consideration of the principles from which acts proceed proximately. These principles are, first, the faculties, powers or forces of the soul (such as the intellect, will, sense, appetite, and vegetative powers); and, secondly, the habits which permanently modify the faculties. For some faculties may be turned in various directions, either favorably or unfavorably, as regards their ends, and it is the stable bent given to a faculty that is called a habit. Thus, the intellect may be directed towards its end, which is truth, by the habit of knowledge; or away from that end by the habit of ignorance. Likewise, the will may be directed towards or away from its end, which is good, by virtue or vice. The faculties are treated in Psychology, but the habits, since they turn the faculties towards good or evil, must be considered in Moral Theology, as well as in philosophy.

Art. 1: HABITS IN GENERAL

~~(_Summa Theologica_, I-II, qq. 49-54.)~~

133. Definition.—A habit is a perfect and stable quality by which a being is well- or ill-affected in itself, or with regard to its motions. It differs from mere disposition or tendency, which is an imperfect and transitory quality. Thus, a sallow complexion is a habit; a blush, a disposition.

~~134. Division.—Habits are variously divided, as follows:~~

(a) From the viewpoint of their subject, they are either entitative or operative, according as they affect directly the nature or the powers of a being. Thus, in the soul there are the entitative habit of sanctifying grace and operative habits like science and virtue; while in the body are entitative habits of health, beauty, etc.

~~(b) From the viewpoint of their object, habits are good (i.e., virtues) or evil (i.e., vices);~~

(c) From the viewpoint of their cause, habits are infused or acquired, according as they are supernaturally produced by God, or are naturally obtained by man through repeated acts, or result from nature without repeated acts. Faith in a baptized infant is an infused habit; knowledge obtained through study is an acquired habit; the perception that the first principles of truth are to be granted is natural.

135. Operative acquired habits are defined as qualities not easily changed, by which a faculty that is able to act in various ways is disposed to act in one way with ease, readiness and pleasure. Thus, by training a man acquires a correct carriage, and is able to walk straight without difficulty.

136. Operative infused habits are enduring qualities that give to a faculty the power to perform acts that are supernatural. Thus, the infused virtues of faith, hope and charity give to the intellect and the will the ability to elicit acts with reference to supernatural truth and good. Facility and promptitude with respect to these acts come through the use of the infused power.

137. Strengthening and Weakening of Habits.—Habits are increased: (a) extensively when they are applied to more objects—thus the habit of science grows as it is applied to more truths; (b) intensively, when they are rooted more firmly in their subject and become easier to exercise. This last comes about when intense acts of a habit are frequently repeated. Thus, a habit of virtue or vice becomes a second nature, and it is exercised with ever greater delight and resisted with ever-increasing difficulty.

138. The infused habits cannot be diminished, but they can be destroyed (see 745). As to the acquired habits, they are weakened and destroyed chiefly in two ways: (a) by acts opposed to them, especially if these acts are earnest and frequent—thus, evil custom is overcome by good custom, and vice-versa; (b) by long discontinuance or disuse. Thus, a person who has learned a foreign language will forget it, if he fails to speak, read or hear it. The knowledge of first principles, speculative or moral, is not lost, however, through forgetfulness, as experience shows.

139. Accidentally, a habit may be corrupted through injury of an organ that is necessary for the exercise of the habit. Thus, right moral judgment may be lost if certain areas of the brain are affected.

140. Habits and Morality.—The importance of habits in man’s moral life is very great. (a) Habits are an index to a man’s past career, for the ease and facility he now possesses through them is the result of many struggles and efforts and difficulties overcome, or of defeats and surrenders and neglected opportunities. (b) Habits constitute a man’s moral character. Morally, a person is the sum of his moral habits and dispositions grouped around the central interest or idea of his life. He who would know himself, therefore, cannot do better than to examine what are his habits, and which is the predominant one among them. (e) Habits are a prophecy of the future. Habits are not irresistible and do not destroy freedom, but they produce such ease and readiness for acting in one particular way that the probabilities are, when habits are strong, that a person will continue to follow them in the future as he has done in the past, thus progressing or deteriorating, as the case may be.

141. Duties as regards Habits.—(a) Bad habits should be avoided and those that have been formed should be destroyed (see 138). The means to accomplish these victories are divine help obtained through prayer and the other instrumentalities of grace, watchfulness through self-examination, and the cultivation of a spirit of self-denial, as well as attack made on the habit that is forming or already formed (see 255 sqq.)

(b) Good habits should be acquired, and those already possessed should be exercised and put to the best advantage. The means to this end, in addition to those that are supernatural, are especially a realization of the importance of good habits, a great desire to have them, and constant and regular effort to practise them (see 137).

Art. 2: GOOD HABITS OR VIRTUES

~~(_Summa Theologica_, I-II, qq. 55-70.)~~

142. Definition.—A virtue is a good habit of the free powers of the soul, that is a principle of good conduct, and never of conduct that is evil. Hence, the following are not virtues: (a) an occasional inclination to good, for this is not a fixed habit; (b) good habits of the body or of the vegetative powers, etc. (such as beauty and health), for these are not free; (c) knowledge of the right or affection for it without any reference to practice, for virtue is a principle of right living; (d) habits that can be applied indifferently to good or bad conduct, such as human opinion.

143. Division.—The virtues are divided: (a) according to their different causes, into infused and acquired virtues (cfr. 134 sqq.);(b) according to their different objects, into intellectual, moral and theological virtues.

~~144. The intellectual virtues are those habits that perfect the intellect with reference to its good—i.e., truth, speculative or practical.~~

~~145. The speculative virtues are three: understanding, knowledge and wisdom.~~

~~(a) Understanding or intelligence is the habit of perceiving truths that are not in need of proof, as being self-evident. Axiomatic truths or first principles are the object of this virtue.~~

(b) Knowledge or science is the habit of perceiving truths that are learned from other truths by argumentation, and that are ultimate in some category of being. The object of this virtue embraces the various sciences (like astronomy) which are conclusions from principles.

(c) Wisdom is the habit of learning through reasoning the truth that is absolutely ultimate; it is the knowledge of things in their supreme cause, God. Examples are theology and philosophy in their highest sense.

~~146. The practical intellectual virtues are two: prudence and art.~~

~~(a) Prudence is an intellectual virtue which indicates in individual cases what is to be done or what is to be omitted, in order that one may act according to the requirements of good morals.~~

~~(b) Art is an intellectual virtue which indicates in individual cases how one must act in order to produce things that are useful or beautiful (e.g., music, painting, building, etc.).~~

147. The intellectual virtues, except prudence, are not perfect virtues, since, While they make an act good, they do not necessarily make the agent good. A man may have great knowledge about morality, or be able to produce excellent works of art, and at the same time be not virtuous, or have no love for his work.

~~148. Prudence is an intellectual virtue, since it resides in the intellect; but it is also classed among the moral virtues, since its object is the direction of human acts to their right end.~~

149. The moral virtues are those habits that perfect the will and the sensitive appetite with reference to their immediate and respective objects; that is, they are habits concerned with acts as means to the Last End. They make the act good, and make good also him who performs it; and they are thus superior as virtues to the intellectual habits.

150. There are four principal moral virtues: (a) in the intellect there is prudence, which guides all the actions and passions by directing the other moral virtues to what is good according to reason; (b) in the will there is justice, which inclines a person to make his actions accord with what he owes to others; (c) in the irascible appetite is fortitude, which subjects to reason the passions that might withdraw from good, such as fear of dangers and labors; (d) in the concupiscible appetite is temperance, which represses the motions of passions that would impel one to some sensible good opposed to reason.

~~These four virtues are also called cardinal virtues, because all the other moral virtues hinge on them.~~

151. The theological virtues are those that perfect the intellect and the will with reference to God, their ultimate, supernatural object. They are three: (a) faith, which is a virtue infused into the intellect, giving man supernatural truths that are perceived by a divine light; (b) hope, which is a virtue infused into the will, enabling man to tend towards the supernatural destiny disclosed by faith as towards an end possible of attainment; (c) charity, which is a virtue infused into the will, uniting man’s affections to the object of his hope and transforming him into its likeness.

152. Causes of Virtues.—The causes of virtue are three: (a) nature, which is the cause of the inchoative intellectual and moral virtues, that is, of the theoretical and practical principles that are naturally known, and of the inclinations to virtue that arise from an individual’s bodily constitution; (b) practice, which is the cause of perfected intellectual and moral virtues, that is, of the good habits that are formed by repeated acts (e.g., knowledge obtained through study, temperance fixed in the character through continued effort); (c) infusion from on high, which is the cause of the virtues that surpass nature (i.e., of the theological virtues and of the moral virtues that are concerned with our acts as ordered to the supernatural).

~~153. Properties of the Virtues.—From the definition of virtue given above certain properties result.~~

~~(a) Since a virtue makes conduct agree with a certain fixed standard, it does not allow of excess or defect. Hence, virtue follows the golden mean.~~

(b) Since the other moral virtues would go to extremes without the guidance of prudence, and since prudence would not judge aright without the right dispositions of the other virtues, it follows that the four moral virtues, at least in their perfect state, must always be together. And because charity is the fulfillment of the whole law, he who has charity has also all the other infused virtues.

(c) Since the virtues are directed towards objects of varying degrees of excellence, and since they are habits, and are capable of increase and decrease (137 sqq.), it follows that both virtues of different species, and those of the same species, are or may be unequal.

(d) Since some of the virtues imply conditions that will not exist in the life to come, it follows that these virtues will be somewhat changed in the blessed. Thus, temperance, which subdues the rebellion of the passions, will not be exercised in heaven, where the passions do not rebel.

~~154. The golden mean is found differently in different virtues.~~

(a) In the case of justice, the mean is determined by an external object that is invariable, since justice gives what is due to others, neither more nor less; in the case of fortitude and temperance the mean is determined by prudent judgment and is not invariable, since these two virtues are concerned with the regulation of the internal passions according to conditions of individuals and circumstances. Thus, a debt of ten dollars remains the same whether the debtor is rich or poor, whether the creditor needs it or not. But a glass of liquor, which would be just enough for one who was well, might be far too much for him when he was sick; and a danger which a man might be expected to encounter, might be too much for a woman or a boy.

(b) The mean of the intellectual and speculative virtues is the agreement with objective truth, as lying between the extremes of false affirmation and false negation. The mean of the practical virtue of prudence, as regulating the moral virtues, is right reason, considered as directive of the desires and conduct so as to avoid excess and defect.

(c) The theological virtues have no mean, as far as their object is concerned, since God, being infinite in truth, power and goodness, cannot be believed in, hoped in, or loved too much. By reason of their subject, however, these virtues have a mean, since it is possible for one to exceed, for example, in hope by presumptuously expecting what is not due to one’s condition.

155. Without charity one may possess certain other virtues. (a) Thus, one may have the natural or acquired moral virtues, as is the case with many pagans, but such virtues are imperfect, since they do not direct their subject to the Supernatural End of man; (b) one may have the supernatural or infused virtues of faith and hope, as is the case with Christians who are not in the state of grace. Even such faith and hope are imperfect virtues, and are not meritorious.

156. Considered precisely as virtues (cfr. Article on Hope), the three groups rank as follows: (a) the theological virtues are the most excellent, since they deal directly with man’s supernatural end; (b) By reason of their object, universal truth, the intellectual virtues are superior to the moral virtues, which are concerned with particular goods; (c) the moral virtues, nevertheless, are more perfect as virtues, for, so considered in the order of action, in perfecting the appetites, they are more properly principles of action.

~~157. The highest of the virtues within each group are the following:~~

~~(a) Charity is greater than faith and hope, since it implies union with its objects, while the other two imply a certain distance from their object;~~

(b) Justice is superior to fortitude and temperance, since it deals with actions by which man is rightly ordered, both as to himself and as to others, while the others deal with the passions and the right disposition of man as to himself. The order of the moral virtues is: prudence, which is the guide of the others; justice, which deals with man’s actions and orders him rightly, both as to himself and as to others; fortitude, which governs the passions, even when life and death are the issues; temperance, which governs the passions in affairs of less importance;

~~(c) The chief of the intellectual virtues is wisdom, which considers the supreme cause of things, and therefore judges the other virtues of the intellect.~~

158. In the blessed the virtues will remain, but changed in some respects. (a) Thus, the rectitude of soul contained in the moral virtues will endure, but there will be no rebellious passions to overcome, no dangers to oppose, no debts of justice to be discharged, as in this life; (b) the intellectual virtues acquired in this life will remain, but the soul separated from the body will not employ sense images as in its earthly existence; (c) faith and hope will give place to vision and realization, but charity will never fall away.

159. The Complements of the Virtues.—The virtues are habits that supply the soul with an internal guide (prudence), and with inclinations to follow its direction (moral virtues). But there is also a higher Guide who speaks to the soul, and it is necessary that the inclinations of virtue be carried out in a suprahuman mode. Hence, the virtues are completed by certain adjuncts. These are: (a) the Gifts of the Holy Ghost, which are habits infused into the soul, making it sensitive to the guidance of the Holy Spirit and docile under His direction; (b) the Fruits of the Holy Ghost, which are acts that grow out of the virtues and have a special spiritual sweetness attached to them; (c) the Beatitudes, which are activities of special excellence having a corresponding special reward attached to them, The acts are produced by the infused virtues and the Gifts, especially by the Gifts.

~~160. There are seven Gifts of the Holy Ghost, which are divided as follows:~~

(a) There are the Intellectual Gifts, which make the soul more responsive to the light which the Holy Spirit sheds upon truths held by faith. These Gifts assist the intellect, first, in its apprehension of the mysteries of faith, that it may be made to grasp more clearly what it believes (Gift of Understanding); secondly, in its judgments, that it may be illuminated so as to adhere to the principles of faith and depart from their opposites, whether there be question of judgments about divine things (Gift of Wisdom), or created things (Gift of Knowledge), or human actions (Gift of Counsel);

(b) There are the Appetitive Gifts, which make the soul more ready to follow divine motions and inspirations. These Gifts aid the irascible affections by giving them a confidence of victory over every peril and by assuring safe arrival at the term of life (Gift of Fortitude); they aid the will in its social relations by leading to a filial love and devotion toward God (Gift of Piety); they assist the concupiscible affections by filling them with a reverence of God’s majesty and a horror of offending Him (Gift of Fear of the Lord).

161. The Gifts of the Holy Ghost are superior to the moral and intellectual virtues, for these virtues perfect the powers of the soul that they may be always ready to follow the guidance of reason, while the Gifts make the powers of the soul docile to the guidance of the Holy Ghost.

162. The Gifts of the Holy Ghost are inferior to the theological virtues, for these virtues unite the soul to the Holy Ghost, while the Gifts only make the soul ready to receive His illuminations and inspirations.

163. There are twelve Fruits of the Holy Ghost enumerated by St. Paul (Gal. v, 22-23). (a) Some of these acts grow out of the indwelling Spirit, and are delightful to the spiritual taste because they perfect the agent in himself. Charity, joy, and peace indicate that the soul is rightly disposed as to what is good; patience and longsuffering, that it is not disturbed by evils. (b) Others of these Fruits give spiritual delight because they perfect the agent in his relations to his fellows. Good will and kindness show that one is well-disposed towards others; meekness and fidelity, that injury does not overcome him, or make him deceitful. (c) Still other Fruits are delightful because they order a man’s life rightly as to external actions or internal passions, such as modesty, continency, chastity.

164. There are eight Beatitudes enumerated by our Lord. (a) Some of these are acts that surpass the virtues as regards the use of external goods and the government of the passions. Thus, it is lawful to have possessions, but the poor in spirit despise them; it is lawful to exercise the irascible passions according to reason, but the meek under divine guidance keep themselves in tranquillity; it is lawful to rejoice according to moderation, but the mourners, when this is better, refrain from all rejoicing. (b) Other Beatitudes are acts that surpass the virtues of justice or liberality to one’s neighbor. Thus, those who hunger and thirst after justice not only discharge their obligations, but they do so with the greatest willingness; the merciful bestow their bounty, not only on their friends and relatives, but on those who are most in need. (c) Still other Beatitudes are concerned with the acts that most fit one for the contemplation of divine things, namely, that in oneself one be pure or heart or free from the defilements of passion, and that one be peaceful with reference to others. (d) The final Beatitude is the crown of the others; for one is perfectly attached to poverty of spirit, meekness, etc., when he is prepared for their sake to suffer persecution.

165. The rewards promised to the Beatitudes are conferred, not only in the life to come, but also in the present life. But they are not necessarily temporal or corporal rewards (such as riches, pleasure, ete.), but spiritual beatitude, which is a foretaste and figure of the eternal joy to come.

166. All the Beatitudes may be called Fruits of the Holy Ghost, since they are the outgrowth of the indwelling Spirit and are filled with spiritual sweetness. But the Beatitudes are really more excellent than the Fruits, since they are works of more than ordinary excellence; whereas every work of virtue that gives delight may be called a Fruit of the Holy Spirit.

Art. 3: BAD HABITS OR VICES

~~(_Summa Theologica_, I-II, qq. 71-89.)~~

167. Definition.—A vice is a habit inclining to moral evil. A sin is an act resulting from a vice, or tending to the formation of a vice; or it is any thought, word, deed or omission against the law of God.

~~168. Divisions.—There are various divisions of sins. Thus:~~

~~(a) according to the kind of delight that is taken in evil, sins are either spiritual (e.g., vainglory) or carnal (e.g., intemperance);~~

(b) according to the person who is more directly offended by evil, sins are either against God (e.g., heresy, despair, blasphemy), or against one’s neighbor (e.g., theft, calumny), or against oneself (e.g., intemperance, suicide);

~~(c) according to the greater or less gravity of the evil, sins are either mortal (e.g., blasphemy) or venial (e.g., idle thoughts);~~

~~(d) according as the evil is done by acting or not acting, sins are either of commission (e.g., theft) or of omission (e.g., failure to pay debts);~~

(e) according to the progress of a sin, there are three stages: first, it is a sin of the heart when it exists only in the mind, as when one entertains a wish for revenge; secondly, it is a sin of the mouth, when it is manifested in words, as when one uses contumelious language; thirdly, it is a sin of work when it is carried out in act, as when one strikes another in the face;

~~(f) according to the manner in which they deviate from the golden mean, sins are either of excess (e.g., extravagance) or of defect (e.g., miserliness);~~

(g) according to the manner in which its guilt is contracted, sin is either original (i.e., the loss of grace inherited from Adam) or actual (i.e., the stain derived from one’s own wrongdoing; sec 272 sqq.).

~~169. Mortal Sin.—A sin is mortal or deadly, when by it a person turns away from God, his Last End, and prefers to Him some created good, thereby incurring the debt of eternal punishment.~~

170. The first condition necessary in order that a sin may be judged mortal is that the matter of the sin be grave, either in itself or in the opinion of him who commits it; it must include turning away from God and the substitution of some created good as the Last End.

171. The matter of a sin is known to be grave: (a) when the law of God or of the Church declares that it is seriously displeasing to God, or that it will separate one from His favor or rewards; (b) when right reason shows that it does great injury to the rights of God, of society, of one’s neighbor, or of oneself.

172. The matter of a sin is grave in two ways. (a) It is grave from the character of the act and without exception, when the good which is injured is infinite, or is a finite good of greatest importance and indivisible, Thus, heresy, despair, and simony against divine law are always serious, because they offend against an infinite good; while murder, though it injures only a finite good, is nevertheless always grave matter because earthly life is of highest importance among finite goods, and if taken away is taken entirely. (b) The matter of a sin is grave from the character of the act but with exceptions, when the good that is injured is of grave importance, but finite and divisible. Thus, the worship we give to God is finite and admits of more and less; and hence a sin against worship, though serious from the nature of the offence, may be slight on account of the smallness of the irreverence. Similarly, though theft injures a grave right, it is not grave matter when the amount stolen is small.

173. The second condition required that a sin be mortal is that there be full advertence to the grave malice of the act, for one cannot be said to separate oneself from God unless one has made the same amount of deliberation that is required for any temporal affair of great moment.

174. Advertence is the act by which the mind gives attention to something. It is of two kinds: (a) full advertence, when there is nothing to impede perfect attention, as when a person is wide awake, in full possession of his faculties, and not distracted; (b) partial advertence, when there is something that, prevents entire attention, as when a person is only partly awake; or not entirely conscious, or distracted with many things.

175. Hence in the following cases, even though there be serious matter, a sin is not mortal, on account of lack of full advertence. (a) When without one’s will there is no full advertence to the act itself, as happens with those who are half-asleep, or who are under the influence of drugs, or who are mentally confined by anxiety or physical pain, etc. (see on Human Acts, 24 sqq.). (b) A sin is not mortal when there is no full advertence to the sinfulness or to the gravity of the act. Those who through no fault of their own are unaware that an act is sinful, or that it is a mortal sin (e.g., children, the half-witted, or the uninstructed), have no full advertence to the malice of the act; likewise, those who, without being responsible for their inadvertence, do not think at the moment of the sinfulness or seriousness of what they do (e.g., those who think out plans for revenge before they have taken second thought on its immorality).

176. Signs that indicate that there was no full advertence are: (a) if afterwards one can scarcely recall what happened; (b) if shortly afterwards one cannot be sure what was one’s state of mind at the time.

177. Though full advertence is required for a mortal sin, it is not required that this advertence be the most perfect. (a) It is not necessary that the advertence be preceded by long deliberation, for advertence can be full even when the consideration is only momentary, (b) It is not necessary that advertence be continued during the commission of a sin, for what follows is foreseen if adverted to at the beginning. (c) It is not necessary that advertence to the malice of the sin be clear or exact. One who perceives that there is some special malice in robbing a church, even though he does not understand just what the malice is, has sufficient advertence to become guilty of sacrilege. Likewise, one who has doubts as to whether a certain sin is mortal, or who suspects that it is mortal, has sufficient advertence for grave guilt if he commits that sin. (d) It is not necessary that advertence to the malice of the sin be reflex (i.e., that one advert to the fact that one is conscious of the gravity of the sin); for to will the malice, it suffices that one be conscious of the malice. (e) It is not necessary that advertence to the malice of the sin be explicit (i.e., that one have in mind the precise nature of sin as an offense against God, which produces a stain on the soul and incurs the debt of punishment); for to will evil and its gravity, it suffices that one perceive the evil and its gravity, even though one does not analyze the meaning or seek out the ultimate reasons.

178. The third condition required that a sin be mortal is that full consent of the will be given it, for no one separates him self from God except through his own free choice. (a) Consent is not full, when there has not been full advertence, or when an act has been done under violent compulsion; (b) consent is full when there has been full advertence and no forceful compulsion (see above on Violence, 52).

179. Indications that consent was not full are: (a) if before the sin the person was of tender conscience and had habitually a horror of grave sin; (b) if at the time of the sin the person recoiled from the sinful suggestion—e.g., if he had a hatred for it as soon as it was fully perceived, or if he was saddened at the temptation, or if he kept from an external act that could have been easily performed; (c) if after the sin the person was conscientious, and yet had doubts as to whether consent was given.

180. Venial Sin.—A sin is venial, or more easily pardonable, when by it one turns inordinately towards some created good, not so, however, as to forsake God as one’s Last End or to prefer self-will to the divine friendship.

181. The first condition required that a sin be called venial is that its matter be light, either in reality, or in the invincible belief of him who commits it. The criteria by which we may know what matter is light are authority and right reason (see above, 171).

182. The matter of a sin is light in two ways. (a) From the character of the act, the matter is light when the good which is injured is finite and of minor importance. Thus, truth about trivial things is of less importance among finite goods, and consequently a small lie about some unimportant matter, which helps and does not harm the neighbor, is light matter. (b) From the quantity of the matter, the matter is light when the good injured is of major importance but divisible. An example here is a theft that works only small harm (see above, 172).

183. The second condition for a venial sin is that there be some advertence to the malice of the act. (a) The advertence is not full when the matter is grave, and the act done without compulsion, for else the sin would not be venial but mortal. (b) The advertence may be full or partial when the matter is light.

184. The third condition for a venial sin is that there be some consent of the will to the malice of the act. (a) The consent is not full when the matter is grave, for else the sin would be mortal. (b) The consent may be either full or partial when the matter is light.

185. Imperfections.—The description of venial sin just given indicates that it is a voluntary transgression of the law of God in matters of lighter importance, and is thus distinguished from the various classes of moral imperfections. These latter imperfections are:

(a) natural imperfections, which are the falling short on the part of good acts of the higher degree of goodness they might have possessed. Since man is finite by nature, it is inevitable that he be limited in the good he does; and hence this kind of imperfection is not a transgression or a sin;

(b) personal imperfections which are voluntary but not transgressions, are acts or omissions whose motive is reasonable, but which are contrary to that which is of counsel. Example: to omit hearing a Mass that is not obligatory, when one is able to assist at it, but has a good reason for staying away;

(c) personal imperfections which are transgressions but not voluntary, are acts or omissions done without deliberation, but which are opposed to some law of less importance. Example: To pray with involuntary distractions.

186. Change in the Gravity of Moral Defects.-An imperfection becomes a sin: (a) if the motive for omitting what is of counsel only is sinful (e.g., to neglect a Mass that is not of obligation out of contempt); (b) if a slight indeliberate transgression has a cause that was voluntary (e.g., involuntary distractions caused by previous neglect).

187. Venial sins become mortal when that which in itself is a slight offense, becomes in the individual agent a grave offense by reason of some change in the object or of some grave malice in the purpose, circumstances, or the foreseen results (see above 97 sqq.).

188. A change in the object makes venial sin mortal: (a) when that which is light matter objectively is apprehended subjectively as grave matter (e.g., a person tells a small lie or commits a trifling theft, thinking these to be mortal sins); (b) when that which is light matter by itself becomes knowingly grave matter through the additions that are made to it (e.g., a thief steals small amounts frequently with the intention of having a great amount of ill-gotten money after a time).

189. It should be noted that, while the matter of venial sins may coalesce so as to form grave matter and constitute a mortal sin, as just explained, venial sins themselves do not, from mere multiplication, ever become mortal, since the difference between mortal and venial sin is not one of quantity, but of kind. Hence, when acts are slightly sinful but do not coalesce, they multiply venial sins, but do not form mortal sin. Example: Coming a few minutes late for Mass every Sunday.

190. The multiplication of venial sins, especially when they are held as of no importance, disposes for the commission of mortal sin: (a) directly, by forming a habit that calls for ever greater indulgence (e.g., petty thefts lead to dishonesty on a large scale); (b) indirectly, by familiarizing one with wrongdoing and chilling the love for virtue.

191. The wrong purpose of the agent makes an act that is only venially sinful (as far as the object is concerned) to become mortally sinful, when the purpose contains a grave malice in itself, for the act is then intended only as a means to what is seriously wrong (see above 80). Example: To tell a small lie in order to break up friendships and sow hatreds.

~~192. The circumstances of an act that is only venially sinful in itself also make the act mortally sinful, when there is grave malice in such circumstances. Cases of this kind are the following:~~

(a) The circumstance of the person committing the sin sometimes changes the malice from light to grave. Example: Unbecoming levity in one in authority may cause serious disrespect for his office and thus be gravely sinful;

(b) The circumstance of the manner in which an act is performed may change it from a venial to a mortal sin, as when the sin is committed out of contempt, or is so coveted that it would be preferred to a grave obligation. Examples: One who violates a law of lesser moment, not because he regards it as bad, but because he wishes to show his disregard of all law and authority; or one who is so attached to games of chance that he is prepared to steal a large sum rather than give them up.

193. The serious harm that is foreseen as a result of venial sin also changes the malice from slight to serious. Examples: One who jokingly annoys another, knowing that this will provoke grave dissensions; or one who tells small lies to persons who are known for their uncharitable distortions and exaggerations; or one who agrees to take too much strong drink knowing from experience that this invariably leads to serious excess.

~~194. Mortal sins become venial when that which in itself is a grave offense, becomes light by reason of some change in he object or lack of full consent in the subject.~~

195. A change in the object makes a mortal sin venial: (a) when that which is grave matter objectively, is apprehended through inculpable, or only venially culpable ignorance as light matter (e.g., when an uninstructed child thinks that a serious calumny is only a venial sin); (b) when a sin whose character is serious but whose matter is divisible is small as to matter (e.g,, to be absent from a small part of the Mass on Sunday); (e) when a law whose obligation is grave will cause more than slight inconvenience in a particular case, and thus becomes of light obligation for that case (e.g., to miss Mass on Sunday because of a difficulty that was not unsurmountable, but yet considerable).

196. Lack of sufficient advertence or of full consent makes a mortal sin venial; (a) when without serious fault one does not advert to a gravely sinful act (e.g., a desire of revenge); (b) when without serious fault one does not know or does not think about the grave malice of what one is doing (e.g., to repeat a story, not knowing or not remembering at the time that it is a serious calumny); (c) when on account of considerable excitement, fear or other disturbance, one gives only partial consent to an act that is mortally sinful (e.g., when one, on being suddenly insulted, replies with a serious imprecation).

197. The Distinction of Sins.—There are three kinds of distinction of sins: (a) sins that differ according to theological species, that is, according as they turn or do not turn the sinner away from God as his Last End. There are only two theological species of sin, viz., mortal and venial; (b) sins that differ according to moral species, that is, according to their essences, or the various kinds of finite good to which they turn the sinner. There are many moral species of sins, for example, infidelity, uncharitableness, etc.; (c) sins that differ according to number, but agree according to moral species (e.g., two distinct acts of uncharitable hatred).

~~198. The criteria for the specific distinction of sins are two:~~

(a) that which makes sins to differ specifically is the difference of the objects to which they tend, inasmuch as these created goods are out of harmony in specifically different ways with the standards of morality (e.g., pride and gluttony); (b) that by which we recognize the specific difference of sins is the opposition they have to virtues or laws that are specifically different. Thus, pride is opposed to humility, gluttony to temperance—two different virtues.

199. The following rules assist us in recognizing specific distinctions of sins. (a) Those sins are specifically different which are opposed to virtues that are specifically distinct. Thus, infidelity and despair are different in species, because opposed to faith and hope, which are two distinct species of virtue. (b) Those sins are specifically different that are opposed to specifically different objects of one and the same virtue—that is, to functions of the virtue, or to laws concerning it that have intrinsically different motives. Thus, sins of murder, theft, and false testimony, though opposed to the same virtue of justice, are specifically distinct, since they contravene obligations of that virtue whose purposes are morally distinct. (c) Those sins are specifically different that are opposed in specifically different ways to the same object of the same virtue, one opposing that object by way of excess and the other by way of defect. Thus, miserliness and extravagance are specifically distinct sins, because one falls short of, while the other goes beyond, the golden mean that is found in liberality.

200. Sins are not specifically distinct: (a) when they are opposed to the same virtue in ways that are physically, but not morally, contrary. Thus, sins of omission and sins of commission are physically opposites, but they are not morally so, unless they offend against different moral objects in the ways explained in the preceding paragraph. Hence, to steal and to refuse to pay debts, to take and to keep what belongs to another, are not specifically different sins; whereas to violate two distinct precepts about the same virtue, one a command and the other a prohibition, is to commit two species of sin, one by omission, and the other by commission;

(b) when they are opposed to the same virtue with reference to commands that differ in their lawgivers, but not in their motives. Thus, God, the Church, and the State all forbid theft; but he who steals is not therefore guilty of three sins, for each lawgiver forbids theft from the same intrinsic motive, viz., because it is an injury.

201. One and the same act contains in itself many sins, when it has many malices specifically different. Thus, he who kills his parents violates two commandments relative to the virtue of justice; he who steals from a church is guilty of theft and of sacrilege.

202. Sins that are multiplied numerically within the same species are committed in three ways: (a) by purely internal acts, that is, acts that are completed within the powers of the soul and do not tend to execution in some external act (e.g., unbelief, envy, pride, delight in the thought of sin, etc.); (b) by internal acts that are not completed in the will, but tend to execution in some external act (e.g., the purpose or desire to injure another, to lie, etc.); (c) by external acts that are performed or neglected by the bodily faculties under command of the will (e.g., theft, quarrels, lies, omissions of duty, etc.).

~~203. Acts may be numerically one or many in two ways.~~

(a) Physically, there is one act when the agent moves or puts into action a power of the soul or body only once (e.g., to steal from a church). Physically, there are many acts when the agent exercises different operative faculties, or the same one different times (e.g., to put one’s hand many times into a money box in order to steal the entire contents).

(b) Morally, there is one act when a single physical act does not contain more than one species of morality, or when several physical acts are united as parts of one whole by reason of the intention of the agent, or the nature of the acts themselves. For example, the wish to steal is morally one act. The intention to steal, the decision to use certain means to accomplish this intention, the various attempts made, and finally the carrying out of the plan—all these form morally but one act, since the acts that follow are only the development of the original intention. Similarly, several curses hurled at another form morally one act, if all are uttered under the influence of the same passion of anger. Finally, acts of spying on another, of entering his house without permission, and of taking his property unlawfully, are morally one act, because the first acts are naturally the preparation for what follows.

204. Morally, there are several acts when a single physical act contains several species of malice (as when one steals from a church), or when there are several physical acts not united by any bond of common purpose or natural subordination (as when one steals on different occasions because an opportunity suddenly presented itself, or as when one misses Mass on different Sundays).

~~205. Objects of acts may also be numerically one or many in two ways.~~

(a) Physically, an object is one when it has its own proper individuality different from that of others. Thus, each coin in a pocket-book is physically one thing, each member of a family is physically one person. Objects are physically many, when they include more than one distinct thing or person. Thus, physically a pocket-book contains many objects, as does also a family.

(b) Morally, objects that are physically many become one, if they are not such as to require morally distinct acts in their regard, and if they form according to prudent judgment parts of an integral or collective whole. Otherwise, these objects are morally many. Example: Missing Mass for a whole year constitutes, morally speaking, many objects, since it implies many independent external omissions, or morally distinct acts. A box of ordinary coins, though it contains many individual pieces of money, is commonly regarded as one integral object; and likewise religious, civil, domestic, and financial bodies, though each is made up of many members, are each, morally speaking, but one person. The possessions of different proprietors, however, are not one moral object; neither do the individual, personal rights of the members of one group constitute a single object.

206. It is clear that two sins specifically different in malice are also numerically different (e.g., a sin of theft and a sin of calumny). The rules that follow will pertain only to sins that are of the same species, but that differ numerically within the species (e.g., two distinct sins of theft, two distinct sins of calumny).

207. The rules for the numerical distinction of sins within the same species suppose: (a) that the distinction be not taken from the object, which gives the specific difference, but from the repetition of acts with regard to one object, made either actually (by different acts) or equivalently (by what is equal to different acts); (b) that the distinction be not taken from a physical but from a moral consideration of the acts.

208. Three rules of numerical distinction will be given, one for each of the three following hypotheses: (a) many distinct acts are concerned with morally distinct objects of the same species; (b) many distinct acts are concerned with what is morally one object; (c) one act is concerned with what are physically many, but morally one object.

209. First Rule of Numerical Distinction.—Many sinful acts, each of which is concerned with an object that is distinct in number (morally speaking) from the objects of the other acts, make as many numerically distinct sins as there are acts and objects numerically distinct. Example: He who fires distinct shots and unjustly kills three persons is guilty of three murders.

210. Second Rule of Numerical Distinction.—Many sinful acts, all of which are concerned with an object that is (morally speaking) one and the same in number, make as many numerically distinct sins as there are acts numerically distinct according to moral estimation.

~~211. When the acts concerned with the same object are purely internal, they are multiplied numerically, according to moral estimation, in the following cases:~~

(a) when they are repeated after having been renounced by an act of the will. Example: He who hates in the morning, repents at noon, and returns to his hate in the afternoon, commits two sins of hatred;

(b) when they are repeated after having been voluntarily discontinued, if the interval between the two acts is so considerable that the second act is not a mere continuation of the first. Example: He who in his mind reviles an enemy passing by, then turns his attention to his work and thinks no more about his anger, and later, seeing his enemy again, reviles him mentally a second time, commits two sins;

(c) when they are repeated after having been involuntarily discontinued, if a notable period (say, three hours) intervenes between the two acts. Example: He who thinks thoughts of hatred until he falls asleep, or until he is distracted from them by something unusual going on about him, or by the entrance of a visitor, commits a second sin of hatred, when he returns to the same thoughts, if the interruption was so long that there is no moral connection between the two acts.

~~212. When acts tending to the same object are internal, but directed towards completion in some external act, they are multiplied numerically, in moral estimation, in the following cases:~~

~~(a) when they are repeated after having been renounced. Example: He who decides to steal, but repents for his sin, and then again decides to steal, commits two sins;~~

(b) when they are repeated after voluntary discontinuance, if the interval is not merely momentary. Example: He who thinks over a plan to acquire money unjustly, and then deliberately turns his thought away and gives all his attention to lawful affairs, but later resumes the dishonest planning, commits a new sin;

(c) when they are repeated after involuntary discontinuance, if the interval is notable in view of the external act desired, and nothing external was done that could serve as a link to unify the two acts. Example: A burglar plans a robbery that could easily be carried out at once, but he takes no steps to execute his plan, and soon forgets about it. A month later, passing the house he had intended to rob, he remembers his plan and carries it out. Two distinct sins were here committed.

213. Involuntary discontinuance does not, however, separate the acts into two distinct sins: (a) if the interval was brief in view of the external act that was desired (e.g., if the burglar above mentioned had forgotten his plan for a few days only before he renewed it and carried it out); (b) if something had already been done by reason of the first act (e.g., if the burglar, after resolving to rob the house, had procured keys or tools for the purpose, and had kept them with this in mind, although he allowed months and years to pass without making any attempt to fulfill his design).

214. When the acts tending to the same object are external, they are multiplied numerically in moral estimation, and make distinct sins as follows: (a) if the internal acts from which they proceed are numerically distinct sins (e.g., if a burglar attempts to rob a house, but leaves his work unfinished because he becomes conscience-stricken or is interrupted, and later makes another plan and another attempt, there are two sins); (b) if the external acts are of such a kind that no internal intention can make them morally one act, even when one follows directly upon the other (e.g., missing Mass on Sunday and again on the following day, a holyday, makes one guilty of two distinct violations of the law).

215. In the following cases, however, distinct external acts with reference to the same object do not multiply the number of sins: (a) when these acts form a part of one moral whole, and are intended as such by the agent (e.g., one who reads a forbidden book, but divides it into parts, reading only so many pages a day); (b) when these acts have to one another the relation of means to a common end, and they are intended as such by the agent (e.g., various preparations made for robbery).

216. Third Rule of Numerical Distinction.—One sinful act, internal or external, that is concerned with objects that are physically many, but morally one, makes but one sin in number. Example: He who steals a purse that contains ten bills commits one sin; he who calumniates a family of ten persons commits one sin; he who steals what is the common property of three proprietors commits one sin.

217. When the objects are not morally one of themselves, they may become so through the belief of the one who acts, since distinct malices are not incurred except as apprehended (see 588-592). Example: He who tells three different lies against a neighbor (e.g., that he is a thief, a drunkard and a liar), commits one sin of calumny, if he has in mind general injury to reputation, but does not think at the time of the special injuries contained in his calumny. Likewise, he who calumniates before ten persons commits but one sin of calumny, if, being in a passion, he thinks only of the harm he wishes to cause and not of the number of persons who are present.

218. When the objects are morally one, they may become many through the intention of the one who acts. Example: He who calumniates a family of three persons by saying they are all dishonest, commits three sins, if he intends three distinct injuries (e.g., against the business of one, the religious reputation of another, and the friendship of the third). So also he who steals part of the money in a purse, and later on, having another opportunity, decides to steal the rest, commits two sins.

219. When the objects are not morally one in themselves and cannot be apprehended as such, distinct sins are committed. Example: He who intends to miss Mass all year, foresees at least in a confused way many distinct violations of the law; he who purposes to rob various proprietors foresees at least in a vague way many separate and complete external acts of robbery.

~~220. Comparison of Sins.—Sins that differ in species differ also in gravity, those being more serious that depart further from the norms of reason and the law of God.~~

221. Other things being equal, those sins are worse that offend against a more noble object or a more noble virtue. Hence, sins that are directly against God (such as infidelity, despair, and hatred of God) are the most serious of all; while sins against human personality (such as murder) are more serious than those against human rights (such as theft).

222. Of those sins that are opposed to the same virtue, that one is worse which is opposed to the principal inclination of the virtue. Thus, avarice is more foreign to the virtue of liberality than the opposite vice of prodigality; timidity is more contrary to bravery than its opposite rashness.

~~223. The gravity of a sin is increased in the following ways:~~

(a) by the circumstances, in so far as they give it a new species of malice (e.g., theft from a church) or increase its malice within the species (e.g., money given prodigally and to those who do not deserve it, or money stolen in a large quantity);

~~(b) by the greater willingness with which the sin is committed. Hence, those who sin through ignorance or under the excitement of passion are less guilty than those who sin in cold blood;~~

(c) by the condition of the person offended. Thus, a sin is made worse according as the person offended is nearer to God by reason of his personal holiness or the sacredness of his state or the dignity of his office, or is nearer to the offender himself. Hence, an injury is greater if done to a priest, a public official or one’s own family, than if done to another who has not the same claim to honor or justice;

(d) by the condition of the person who sins. Those who are better instructed or otherwise better advantaged, or who are supposed to give good example to others, sin more grievously by reason of their greater ingratitude and of the greater scandal they give, whenever they sin deliberately;

(e) by the evil results that follow from the sin, when these are willed, even indirectly or implicitly, as when one spreads stories that are bound to cause enmities, strifes, and a lowering of ideals (see 96).

224. Spiritual and carnal sins, considered precisely as such, and other things being equal, may be compared from two viewpoints, viz., of malice and of reputation. (a) From the viewpoint of malice, spiritual sins are worse, since, while a carnal sinner is carried away by strong passion and offends directly only his own body, he who commits spiritual sins acts with greater freedom and offends directly against God and his neighbor. Hence, the Pharisees, though they despised the fallen woman, were worse than she, since in the eyes of God their pride, envy, detraction, hypocrisy, etc., were more hateful crimes.

~~(b) From the viewpoint of reputation, carnal sins are worse, since they liken man more to the beast, and are thus more infamous.~~

~~225. In actual experience, carnal sins are frequently more grave than non-carnal sins.~~

(a) Many carnal sins are not purely carnal, but also contain other malice, and cause directly more injury to God or the neighbor than a non-carnal sin of the same category. Example: Adultery combines both lust and injustice, and is a greater injustice than the non-carnal sin of theft. Rape combines lust and injury, and is more injurious than the non-carnal sin of anger resulting in bodily blows. Lascivious conversation combines impurity and spiritual damage to another, and is more harmful than the non-carnal sin of detracting that other and causing him some temporal injury.

(b) Many carnal sins are accompanied by greater malice or greater scandal, or are followed by greater evils than purely spiritual sins. Example: Sins of impurity or drunkenness, committed habitually and deliberately or by adults, are more malicious than sins of pride or anger committed rarely or without full deliberation, or by children. Drunkenness or licentious language and suspicious intimacies, committed by those from whom good example is expected, do more to undermine religion than sins of impatience or uncharitableness in the same persons. The results of a man’s pride (such as ambition, arrogance, luxurious living and deceitfulness) are often less disastrous than the results of his intemperance (such as detraction, immodesty, fights, extravagance, disgrace of family, etc.).

226. Sins different in species rank in the order of gravity, as said above, according to their objects. For, just as diseases are considered more serious when they affect more important vital organs or functions, so sins are more grave when they affect more radical principles of human conduct. The greater the object or end of action that is injured, therefore, the greater is the harm done and the greater the sin committed. Hence: (a) sins committed directly against God are worse than sins committed against creatures, for God is the end of all creatures; (b) sins committed against persons are greater than sins committed against things, for persons are the end of things.

227. Of the sins committed against God, the rank according to gravity is: (a) sins against the personality of God—that is, against the divine nature—such as hatred of God (the greatest of all sins), infidelity, despair; (b) sins against the peculiar possessions of God—that is, His external honor and glory, and those things that belong to Him in a special way, such as the humanity of Christ hypostatically united to the Word, the Sacraments, and things consecrated to God. Such sins are idolatry, superstition, perjury, the sins of those who had Christ crucified, simony, sacrilege, unworthy reception of the Eucharist or other Sacrament, violation of vows, etc.

228. Sins committed against creatures, other things being equal, rank in gravity as follows: (a) Sins against personality are greater than sins against possessions. Example: The sin of murder, which is against personality, is worse than the sin of theft, which is against possessions. (b) Sins against being are greater than sins against wellbeing. Examples: Murder is worse than mutilation, and scandal that causes another to lose his soul is worse than scandal that only diminishes another’s goodness; murder and the irreparable scandal take away life, mutilation and the lesser scandal only diminish the perfection of the life that is had. (c) Sins against those who have a greater claim are greater than sins against those who have a less claim. Examples: It is a greater sin to neglect one’s own salvation than that of a neighbor; to murder a member of one’s own family, a benefactor, or a person distinguished on account of his position or virtue, is a greater crime than to murder a stranger, an enemy, a private individual, or one of bad life. (d) Sins against possessions that are dearer are graver offenses. Examples: It is worse to steal away the peace of a household than to carry off its material treasures; it is worse to rob a man of his good name than to defraud him of his wages.

229. The above rating of sins is based on their natures considered in the abstract, that is, according to the essential relations they have to their own proper objects. It is impossible to consider any other factor when drawing up general rules of comparison; for the circumstances that enter into concrete cases of sin are innumerable, and hence have to be left out of consideration. By reason of these factors other than the object, however, the ranking of sins according to gravity given above may be changed or reversed.

(a) In the act of a greater sin there may be extenuating circumstances, or in the act of a lesser sin aggravating circumstances that change their respective order. Example: Detraction is from its nature worse than theft; but, if the detraction does only small harm and the theft great harm, the theft is worse on account of the circumstances.

(b) In the persons who commit the sins there may be circumstances that change the order of guilt, so that he who commits the greater sin is less guilty. Examples: By his careless handling of a revolver, Balbus unintentionally causes lasting injury to a bystander. Caius without malice aforethought, but enraged by an unexpected insult, strikes a blow that destroys the sight in one eye of his adversary. Titus, angry because he has been dismissed from his employment, revenges himself by defacing a precious work of art. The bodily injuries caused by the first two men are more harmful than the injury to property done by Titus; but they sinned, the one from ignorance and the other from passion, whereas Titus sinned from malice. Hence, while the sins of Balbus and Caius are objectively or materially greater, that of Titus is greater subjectively or formally (i.e., as to guilt).

230. The Subjects of Sin.—By the subjects of sin we understand the powers of the soul in which sin is found. These powers are sometimes called the material causes of sin, just as the objects to which the sins tend are called their formal causes.

231. Just as virtuous habits have their seats in the will (e.g., justice), in the reason (e.g., prudence), and in the sensitive appetites (e.g., fortitude and temperance), so also contrary habits of vice may be found in these same faculties. (a) From the sensitive appetites proceed impulses caused by sense apprehension or bodily states, which, when they are inordinate and voluntary, are sinful (e.g., lust, envy; see 129, on Second Motions). (b) From the reason proceed false judgments caused by vincible ignorance, wrong direction deliberately given to the passions, pleasurable dwelling on inordinate thoughts, etc. (c) From the will proceed consent given to sins of the other powers, desires to commit sin, joy over sin already committed, etc.

232. As was said above (89-93), the external acts of the members of the body have no morality of their own, since they are completely subject to the will. Consequently, there are only three classes of sins, if classification is made according to the faculties from which the sins proceed: (a) sins of sensuality, which were spoken of above when we treated of the passions (177 sqq.); (b) sins of thought; (c) sins of desire and reminiscent approval.

233. Pleasurable dwelling on inordinate thoughts occurs when one deliberately, even though it be only for a moment, turns over in his mind some sinful object, delighting in it as if it were actually present, but not desiring that it be actually done. Example; One who imagines his neighbor’s house burned down, and rejoices at the mental picture, though for interested reasons he does not wish any conflagration in the vicinity.

~~234. The sinful thoughts just described are not to be confused with thoughts in which the object of the delight is something else than a sinful picture represented in the mind.~~

Thoughts of this latter kind are: (a) those in which one takes delight in an external act of sin being committed, as when one destroys one’s neighbor’s property with great internal satisfaction; here the thought forms one sin with the outer act; (b) those in which one delights in the mental image, not as it represents something morally wrong, but as it contains some object of lawful delight. There is a distinction between bad thoughts and thoughts on things that are bad. Examples: A moralist may think with pleasure about theft, not because he approves of it, but because it is a subject he has to know. A person may read detective stories with great interest, not because crime appeals to him, but because the style of the author is good, the details of the plot exciting, the manner of the crime mysterious, etc. There is danger in thoughts of this kind, however, if one indulges in them from mere curiosity, or immoderately, or if sin itself may take an attraction through them.

235. The gravity and species of pleasurable dwelling on inordinate thoughts vary according to the thing thought on (see on Objects, etc., 70 sqq.). (a) If pleasure is taken only in the object represented, the sin has the moral character of that object. Example: He who delights at the thought of theft, is guilty of theft; and if he thinks of a great theft, he is guilty of mortal sin. (b) If pleasure is also taken in the circumstances imaged in the mind, the sin takes on the added malice contained in the circumstances. Example: He who delights over the thought of the robbery of a church, is guilty of mental theft and sacrilege.

236. The following are signs that delight taken in a thought about sinful things is about their sinfulness, and not about some other of their properties: (a) if one thinks about them without any lawful necessity (such as that of study), but through mere curiosity, or without any good reason; (b) if at the same time one loves to think on them frequently and lingeringly, or shown great satisfaction whenever they are mentioned. Example: One who thinks about injustices for pastime and admires them as great exploits, who idolizes criminals as heroes or martyrs.

~~237. Sinful joy is an act of the will by which one takes delight in sins already committed by oneself or by others. We must distinguish between sinful joy and joy about things that are sinful.~~

(a) Sinful joy rejoices over the iniquity contained in past acts, either because it loves that iniquity in itself, or because it loves it as the cause of some gain. Examples: An unjust and revengeful man rejoices when he thinks of the oppression he exercised against some helpless person who had incurred his wrath. A criminal recalls with joy the perjuries by which his helpers secured his escape from justice.

(b) Joy about things that are sinful or consequent on sin rejoices, not that what was done was wicked, but over other circumstances that were good or indifferent. Examples: An employer admires in the conduct of a dishonest employee, not the injustice committed, but the shrewd manner in which the fraud was perpetrated. A bystander is very much amused to witness a fight, not because he likes discord, but because the acts and remarks of the fighters are comical. A man rejoices when he hears that a friend has committed suicide and made him his heir, if the joy is confined to the second part of the news.

238. The moral gravity and species of evil rejoicing has the same character as the past sins that are its object (see 70 sqq.). For to rejoice over sin is to approve of it, and therefore to be guilty of it in will. Example: A prisoner who, to overcome melancholy, thinks over the times he became intoxicated in the past, is guilty again of those sins, with their number and circumstances adverted to.

239. What has been said about evil rejoicing applies likewise: (a) to boasting over sin committed, because this implies complacency in the sin; (b) to sorrow over sin omitted, because this means that one approves of sin rather than virtue.

240. To be sorry because one performed good that was not obligatory is not sinful of itself, but it may become so by reason of the evil motive of the sorrow, or of the danger of sin. Examples: If a person is sorry that he performed many unnecessary devotional exercises, because he injured his health thereby, his sorrow is not sinful. If he grieves over this because he now dislikes religion, his sorrow is made bad by his evil motive. If he regrets that he married, this is sinful if it leads him to neglect the duties of his state and commit injustice.

241. Evil desires are acts of the will by which one deliberately intends to commit sin in the future. They are of two kinds, viz., absolute and conditional: (a) absolute or efficacious desires are those in which the mind is fully made up to carry out the evil design, come what may; (b) conditional or inefficacious desires are those in which the purpose to commit sin hinges upon the fulfillment of some event or circumstance that is explicitly or implicitly willed.

242. Absolute evil desires have the same moral gravity and species as that to which they tend (i.e., they take their character from the object, end and circumstances). Example: He who plans to steal a large sum from a benefactor in order to be able to live in idleness and dissipation, sins gravely against justice, and is also guilty of ingratitude and intemperance, for he has committed all these sins in his heart.

243. Conditional evil desires, if they are indeliberate and express rather the propensity of nature than the considered will of him who makes them, are not formally sinful. Examples: A poor man who unthinkingly wishes that stealing were lawful; a sufferer who under the influence of pain wishes that the Almighty had not forbidden suicide.

244. Conditional desires, if made deliberately, are of two kinds. (a) There are some desires in which the condition willed (e.g., if this were not a sin, if this were lawful, if this were allowed by God, etc.) takes away the malice of the act desired, since some laws may be dispensed or changed. Examples: “Would that God had not pronounced against taking the property of others!” “I would stay away from church, if this were not Sunday.” Desires of this kind are not sinful on account of their object, which is not really wished, but on account of their end, or their lack of useful purpose, and of the danger that the conditional may become absolute. (b) There are other desires in which the condition does not take away the malice of what is desired, either because the condition is not at all concerned with the malice, or because it wishes something to become lawful which even God cannot make lawful. Examples: “I would steal, if this could be done safely.” “I would blaspheme, if God permitted.” These desires partake of the malice of the things that are wished.

245. Just as we distinguished above between bad thoughts and thoughts on things that are bad, so may we distinguish between bad desires and desires of what is bad. For bad desires that are not mere velleities are sinful, as we have just seen; whereas the desire of what is physically evil is good, if the evil is wished, not for its own sake, but for the sake of some greater good. Example: To desire out of hatred that a neighbor lose his arm is a bad desire and sinful; but if one wished this as a means to save the neighbor’s life, while he still desires something evil, it is not the evil but the benefit that is intended, and hence the desire itself is not bad.

~~246. The Causes of Sin.—The causes of sin are partly internal (i.e., those which are in man himself) and partly external (i.e., those which are without).~~

~~247. The internal causes of sin are: (a) ignorance in the intellect; (b) passion in the sensitive appetites; (c) malice in the will.~~

248. Since ignorance and passion may render an act involuntary (see 40 sqq.), the sins that result from them are of two kinds, viz., material and formal. (a) Material or objective sins are transgressions of the law that are involuntary, and consequently not imputable as faults. Examples: Blasphemies uttered by one who is delirious or hypnotized; breaking of the fast by one who is inculpably ignorant of the law; imprecations pronounced by a person out of his mind through fear. (b) Formal or subjective sins are transgressions of the law that are voluntary, and hence imputable as faults. They are not only against the law, as is the case with material sins, but they are also against conscience.

~~249. Ignorance, passion and malice cause sin as follows:~~

(a) Every sin results from practical error (i.e., from a wrong decision as to what one should do here and now), for the will chooses wrong only after the intellect has decided on wrong. In this sense, then, it is said that all who sin are in error (Prov,, xiv. 22), and that every sinner is in ignorance (Aristotle, _Nich. Ethics_, Bk. III, c.1, 1110b 27). But not every sin results from speculative error (i.e., from a false notion or judgment about the lawfulness of an act in general). else we should have to hold that everyone who sins is in error against the faith;

(b) Speculative ignorance causes formal sin, when the ignorance is culpable and leads to wrongdoing, as when a person has never taken the pains to learn what the law of fast requires and in consequence violates the law, or when an automobilist through carelessness does not see a person crossing the street and runs him down. Speculative ignorance causes material sin, when the lack of knowledge is inculpable and leads one to do what one would not otherwise do, as when a child shoots a playmate, not knowing that this is a sin, or a soldier shoots a comrade whom, on account of darkness, he mistook for an enemy spy;

(c) Passion, by clouding the judgment and vehemently inciting the will, leads one to act against one’s better knowledge and to choose inordinately the concupiscences of pleasure, or possessions, or glory (I John, ii. 16). If the passion is voluntary, the resulting sin is formal; but, if the passion is involuntary and takes away the use of reason, the sin caused is material;

(d) Malice is found in a sense in every formal sin, inasmuch as every sin is committed out of choice. But malice in the strict sense, as here understood, is a choice of sin made, not on account of preceding ignorance or passion, but on account of some corrupt disposition of the sinner which makes sin pleasing or acceptable to him, such as a vicious habit or inclination which he cultivates, or willful despair or presumption which he entertains.

250. Ignorance and passion do not always make an act involuntary (see 40 sqq.), and hence three kinds of formal sins may be distinguished according to the three kinds of causes from which they proceed:

(a) sins of weakness, which are those that result from antecedent concupiscence or other passion that lessens without taking away the voluntariness of an act. Since the First Person of the Trinity is especially described by the attribute of almighty power, sins of this kind are sometimes called sins against the Father;

(b) sins of ignorance, which are those that result from antecedent and vincible ignorance. Since wisdom is especially attributed to the Second Person of the Trinity, sins of this kind are called sins against the Son;

(c) sins of malice, which are those that proceed entirely from a free will that is undisturbed by ignorance or passion. Since love is especially ascribed to the Third Person of the Trinity, sins of this class are sometimes called sins against the Holy Ghost. Example: One whose heart is so set on wealth that he decides to sacrifice the friendship of God for new acquisitions; one who sees clearly the offense to God a sin entails, and deliberately chooses it; one who is so jealous of a neighbor that he schemes to ruin him; one who sins habitually without fear or remorse.

251. Other things being equal, sins of malice are graver than sins of weakness and sins of ignorance, since the former are more voluntary, more enduring, and more dangerous. But just as sins of ignorance and sins of weakness may be mortal, as when their object is seriously wrong, so sins of malice may be venial, as when their object is not seriously wrong. A fully deliberate lie that works no great harm is venially sinful, whereas a murder committed by one who was intoxicated or moved by rage is a mortal sin, if there was sufficient reflection.

252. The external causes of sin are: (a) the devil or other evil spirits, who by acting on the imagination or other sensitive powers of the soul attempt to draw mankind to destruction; (b) the world, that is, the persons and things about us, which by their seductiveness, or by their principles and examples, tend to draw away from the practice of virtue.

253. Since free consent is implied in the concept of formal sin, none of the internal or external causes of sin just mentioned, the choice of the will alone excepted, can actually effect sin. Hence the distinction between temptation and sin. The rebellion of the passions, the suggestions of evil spirits, the seductions of the world, are temptations; if the will does not yield to them, there is no sin, but rather virtue and merit.

254. In the presence of temptation fully adverted to, it is not lawful to remain indifferent (neither consenting nor dissenting), since this without just cause exposes one to the danger (see 258 sqq.) of being overcome by sin.

~~255. Resistance to temptation is made by the act of the will which commands the other powers not to yield and withholds its own consent to the sin suggested. This resistance may be:~~

(a) implicit or explicit, according as the dissent is expressed in what contains it, or is expressed in itself. Examples: Contempt of a temptation or displeasure over its presence is implicit resistance, while the resolve never to yield to it is explicit resistance;

(b) internal or external, according as it remains in the will, or is also exercised by the other powers. Examples: Displeasure over an uncharitable thought is internal resistance, while the reading of a book to divert the mind from the thought is external resistance;

(c) indirect or direct, according as the means employed to drive away a temptation are flight or attack. Examples: One who is disturbed by thoughts of hatred, resists them indirectly if he goes to the opera in order to be calmed by music, while he resists them directly, if he reads prayerfully I Cor. xiii, in order to become more charitable;

(d) virtual or actual, according as the act of dissent made, and not retracted, is adverted to or not. Examples: If a man rejects a temptation of envy as soon as he notices it, and repeats this act of rejection until the temptation has disappeared, his resistance is actual; if he rejects the temptation once for all as soon as it appears, but is not able to think of this purpose at each instant, his resistance was actual at the beginning, but virtual afterwards.

256. General rules regarding resistance to temptation: (a) it is a grave sin not to resist temptation, when the sin suggested is grave, the danger of consent serious, and the negligence considerable; otherwise the sin is venial; (b) negligence is considerable when the resistance used is not at all in proportion to the temptation. Example: If a man were suddenly to advert to the fact that a shrewd plan he had decided on was gravely unjust, he would be seriously negligent if he put off recalling the decision till he had dwelt more fully on its appealing features.

257. The kind of resistance to be opposed to temptation depends on the character and urgency of the temptation and the disposition of the person tempted. (a) Generally speaking, the more serious the temptation, the stronger should be the resistance. Example: One who knows from experience that temptations to hatred overcome him, if he uses only internal resistance, should make use of external resistance also. (b) In those cases in which the violence of the temptation increases in proportion to the strength of the resistance, it is better that the resistance be internal, indirect, etc. Examples: Temptations against faith are often overcome more readily by turning the mind away from the doubts suggested to other matters. Temptations that last a long time may be conquered more easily by despising them than by worrying about them and renewing protest after protest. The same is true as regards temptations against purity.

258. Danger of sin is the likelihood that it will be committed in certain circumstances. It is of two kinds, proximate and remote. (a) Danger of sin is proximate, when there is moral certainty that in given circumstances sin will be committed, either because the generality of mankind falls in such cases (absolute danger), or because in them a particular individual has always fallen (relative danger). Examples: Associating with depraved persons is a proximate danger of sin for anyone, since it is a matter of universal experience that evil associations corrupt good morals. Taking strong drink is a proximate danger for one who has never imbibed moderately in the past. (b) Danger of sin is remote, when the likelihood that sin will be committed is not morally certain, and does not exclude a serious and well-founded probability or expectation to the contrary. Example: There is remote danger in an occasional drink, if a person who had several times relapsed into intemperance, has practised abstemiousness for years.

259. Possibility of sin is the conceivability but unlikelihood that it will result from a certain set of circumstances. Example: Attention to business sometimes makes a man avaricious, practices of piety may degenerate into hypocrisy, etc., but there is no natural connection between industry and devotion, on the one hand, and greed and insincerity, on the other hand. Sin follows naturally from its danger, but only accidentally from its possibility.

260. It is not lawful imprudently to expose oneself to the danger of sin, since it is manifestly against reason to risk spiritual loss without cause. The character of the sin of him who does this differs according to circumstances. (a) He who rashly exposes himself to the proximate danger of grave sin, or to what he foresees will become proximate danger, is guilty of grave sin and of the species of sin to which he exposes himself—and this even though the sin does not actually follow. For to love what is so closely related to the sin is to love the sin itself. (b) He who rashly exposes himself to the remote danger of grave sin or to the proximate danger of venial sin is venially guilty. For, while such action is unreasonable, it does not imply affection for grave sin.

261. It is lawful to expose oneself to the danger of sin, if this can be done according to the laws of prudence, for otherwise absurdities would follow (e.g., that urgent duties should not be performed, if one feared they contained the danger of sin). The requirements of prudence referred to are: (a) that the one who exposes himself to the danger of sin be sure that his motive is good (viz., that he firmly intends to avoid the sin to which he may be tempted and to accomplish only the good he desires); (b) that the action he performs and which involves the danger is necessary, and bears a correspondence in importance to the gravity of the sin and the proximity of the risk; (c) that means be employed (e.g., prayer, pious thoughts, spiritual reading, and the use of the Sacraments), which will so reduce the danger that one has confident assurance that the danger will be encountered safely.

262. It is lawful to expose oneself to the possibility of sin, for, since almost every action may be perverted, one who wished to avoid the possibility of sin would have to leave this world and become confirmed in grace.

263. The Occasions of Sin are external circumstances—persons, places or things—which tempt one to sin. Examples: Persons who invite others to defraud and show how it can be accomplished, theatres where irreligious plays are staged, books that aim to depreciate virtue, etc.

264. The occasions of sin are of various kinds. (a) They are proximate or remote, according as it is morally certain, or only likely that they will lead to sin. (b) Occasions are necessary or free, according as one is able or not able to abandon them without difficulty. For example, one who chooses dishonest persons as his associates is in a free occasion of sin; one who is imprisoned with criminals is in a necessary occasion of sin. An occasion of sin is also necessary when the impossibility of leaving it is not physical, but moral. Examples: A wife who is bound to a provoking husband; a person who cannot give up an employment that offers many temptations, without suffering great temporal or spiritual injury, or without incurring a worse condition. (c) Occasions are present or absent, according as one has the occasion with him or must go to seek it. Examples; Intoxicants kept in his home are a present occasion of sin for a drunkard; atheistic lectures are an absent occasion of sin for one who has to go out to hear them.

~~265. It is not lawful to remain in a free occasion of sin,, whether it be present or absent; for to do so is to expose oneself rashly to the danger of sin (see 258 sqq.).~~

266. It is not lawful for one who is in a necessary occasion of sin to neglect means that are adapted to preserve him from the moral contagion by which he is surrounded; for to neglect spiritual safeguards and protections in such a case is to refuse to resist temptation (see 252 sqq.). The means that should be used depend on circumstances, but prayer and firm resolves to avoid sin should be employed in every case.

267. The gravity of the sin committed by one who freely remains in an occasion of sin, or who does not use the requisite spiritual helps in a necessary occasion, depends on various factors: (a) if the sin to which he is tempted is light, he does not sin gravely; (b) if the sin to which he is tempted is serious, and the occasion is proximate, he sins gravely; (c) if the occasion is remote, he sins venially.

268. The Motives of Sin.—The purposes that lead men to sin can be considered as follows: (a) according to the predominant vices of individual men, which are for them motives for committing their other sins (particular motives)—e.g., a man whose chief sin is unbelief and who is led by it to intolerance, blasphemy, despair, etc.; (b) according to the natural relationship and sequence between sins themselves, by which some are usually the motives for others _in all men (general motives)_.

269. The predominant individual motives for sin are as numerous as the different characters of those addicted to sin, and hence it is impossible to classify them. The predominant general motives for sin, on the contrary, can be assigned according to the principal goods that most often move or repel with wills of all who commit sin, as follows: (a) goods of the soul, such as praise and honor, inordinately pursued (the vice of pride); (b) goods of the body, inordinately desired (the views of lust and gluttony); (c) goods that are external, unduly loved (the vice of avarice); (d) one’s own good, not sufficiently wished (the vice of sloth); (e) the neighbor’s good, not suffiviently desired (the vices of envy and anger).

~~270. The seven vices mentioned above are usually calle the capital, or head vices, since the other sins are directed by them just as the other parts of the body are directed by the head.~~

271. Among the seven capital vices there are two that have principality over the others: (a) in the intention of the sinner the motive force that impels to sin is always some inordinate desire of his own personal excellence, and hence pride is the beginning of all sin; (b) in the execution of the sin the opportunity for satisfying every base desire is afforded by money, and thus avarice is the root of nourishment of all evils.

272. The Results of Sin.—There are two kinds of sins from the viewpoint of origin: (a) original sin, which is inherited from Adam by all his descendants (except Christ and the Blessed Virgin); (b) actual sin, which is committed by the personal will of each sinner.

273. The immediate consequences of original sin were that Adam lost for himself and his posterity the gifts of the state of original innocence. Thus: (a) the soul in subjection to God was endowed with the beauty of holiness, to which succeeded the deformity of enmity against Him; (b) the powers of the soul were in harmony, the lower subject to the higher, but to this succeeded a state of disunion and rebellion and what are called the four wounds of nature, the intellect and will becoming prone to error and sin, and the sensitive appetites tending inordinately towards delights or away from difficulties; (c) the body which had been in subjection to the soul and endowed with freedom from suffering and mortality, became burdensome to the soul and subject to pain and death.

274. The consequences that are common to all sin, both original and actual, are: (a) the sinner loses the spiritual beauty to which sin is opposed, and this loss is called the stain of sin, since the soul defiles itself by inordinate contact with what it loves; (b) the sinner incurs the debt of punishment, since sin is an injustice against the internal law of reason and against the external law of God and man.

275. The stain of sin is not: (a) a mere privation or absence of grace, for otherwise all sins would be the same; nor (b) a mere passing shadow over the soul, since the bad state of the will can remain after the act of sin.

276. The stain of sin differs according to the sin. (a) The stain of original sin is the privation of original justice (i.e., of the subjection of reason and will to God), as being a voluntary privation through the will of the first parent Adam; (b) the stain of mortal sin is the privation of sanctifying grace, as connoting the act of the individual will through which it was incurred; (c) the stain of venial sin is the privation of the fervor of charity resulting from the sin, inasmuch as it, to some extent, hinders the beauty of interior grace from appearing in external acts.

277. The stain of grave sin is the disfigurement of death, for (a) it removes the principle of supernatural existence (i.e., grace); (b) it takes away the principles of supernatural activity (i.e., the infused habits), though faith and hope may remain; (c) it deprives the soul of the rights that belong to the spiritually living (i.e., of merits already acquired).

278. The stain of venial sin is the disfigurement of disease, for (a) it disposes one for spiritual death (i.e., for mortal sin); (b) it lessens spiritual vitality, by setting up habits that make the practice of the virtues more difficult.

279. The penalty of sin is threefold according to the threefold offense of sin. (a) Inasmuch as sin is against reason, it is punished by remorse of conscience; (b) inasmuch as it is against ecclesiastical, civil or other human law, it is punished by man; (c) inasmuch as it is against divine law, it is punished by God.

280. The punishment of sin is twofold according to its duration. (a) Grave sin, since it deprives of spiritual life and turns man away from his Last End, introduces a radical and, of itself, irreparable disorder, and thus incurs an eternal punishment; those who die in grave sin will be sentenced to eternal punishment. (b) Venial sin does not inflict spiritual death, but is a defect or excess, not as regards the Last End, but as regards the means to the Last End. Thus, it incurs, not an eternal, but a temporal punishment.

281. The punishment of sin is twofold according to its quality. (a) Sin by which man turns away from his Last End is punished by the pain of loss, the deprivation of eternal happiness which was despised. This pain may be called infinite, inasmuch as it is the loss of Infinite Good. (b) Sin, in so far as it is an inordinate turning towards created things, is punished by the pain of sense, which comes through creatures. This pain is finite.

282. Sin may be a punishment of sin: (a) if a later sin results from a former sin (e.g., God may permit those who refuse to serve Him, to become the servants of their passions); (b) if the commission of sin is accompanied by internal or external sufferings (e.g., the jealous indulge their vice at the expense of great mental torment).

283. Not all the afflictions that befall mankind are chastisements. In the strict sense, only those evils are punishments which are inflicted by the lawgiver against the will of the offender as a vindication of justice violated by the personal offense of the latter. Hence we must distinguish punishment from the following: (a) from satisfaction, which is compensation willingly endured for one’s own sin, or freely offered for another’s (e.g., David after his repentance performed penance for his sins; Christ on the cross offered His satisfaction for the human race); (b) from medicinal afflictions, which are intended, not as reparations to injured justice, but as remedies to preserve men against sin or relapse, or to afford them opportunities for progress (e.g., the calamities of Job, the condition of the man born blind, the dolors of the Blessed Virgin, the physical evils Which in this world sometimes happen to subjects as a punishment on their rulers, etc.); (c) from the natural defects of fallen human nature, such as hunger, thirst, disease, etc. These are only indirectly the consequences of original sin, the direct punishment, from which they follow, being the infirmity and corruption of nature produced by original sin.

Question III
LAW

284. In the previous Question we considered the internal principles of human acts—that is, habits, good and bad, from which they proceed. Now we shall turn to the external principles, good and bad, that move one to one’s acts. The external principle that moves to evil is the demon, who tempts us to sin; the external principle that moves to good is God, who instructs us by His law and helps us by His grace to fulfill it. Temptation has been discussed already, and grace belongs to Dogmatic Theology; the next Question to be considered, therefore, is Law.

Art. 1: LAW IN GENERAL

~~(_Summa Theologica_, I-II, qq. 90-92.)~~

~~285. Definition.—Law is an ordinance of the reason for the common good promulgated by him who has authority in the community.~~

(a) It is an ordinance, that is, a command or prohibition which has obligatory and lasting force. Hence, advice is not a law, because not obligatory; a rule that binds only during the lifetime of the lawgiver or of those who received it is not strictly a law, because not enduring.

(b) It is an ordinance of the reason, since the rule and standard of human acts is reason (see 64 sqq.). Hence, the arbitrary will of a ruler commanding what is against reason would not be law, but rather iniquity.

(c) It is made for the common good, that is, it must tend to promote, directly or indirectly, general happiness, which is the end of society. Hence, the commands of a tyrant which benefit a few at the expense of public peace and prosperity are not truly laws.

(d) It is made by him who has authority, that is, by the person or persons who have the lawmaking power according to the form of government. Hence, the decisions of an advisory body or the decrees of a usurper are not laws.

(e) It is made by the proper authority in a community, that is, as here understood, in a self-sufficing community, which has its own means for attaining its end and is independent in its own order of other societies. Hence, the regulations made by parents for their family are not called laws, since the family is not a self-sufficing society.

(f) It is an ordinance that has been promulgated, that is, brought to the notice of those whom it binds. Hence, a law that has been drawn up but not published as such, is not obligatory even for those who know of its existence. A law becomes obligatory, however, as soon as it has been promulgated, and the presumption then is that the law is known; but he who is inculpably ignorant is not guilty of formal sin if he breaks the law.

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.

(a) A law on matters purely civil and political made by the Church in opposition to a law of the State would not prevail over the latter, for, as the Church admits, “whatever is to be ranged under the civil and political order is rightly subject to the civil authority” (Leo XIII).

(b) A law on matters directly or indirectly spiritual, made by the Church but not necessary to her end, can be made the subject of negotiation or even of compromise by the Church in order to avoid a conflict of laws; in fact, the Church has shown her willingness to make concessions, where possible, for the common peace and happiness.

~~291. When contending laws belong to the same category of laws, the more important, or more urgent, or more necessary law prevails.~~

(a) The law that defends greater goods (those that are spiritual, internal, or common) has precedence over the law that defends lesser goods (the temporal, external, or private). Examples: The natural law that one must save oneself from persecution and death yields to the natural law that one must not blaspheme or deny God, and hence one must prefer to die rather than blaspheme. The law that one may not expose one’s life to danger yields to the law that the common welfare must be defended; hence, citizens are obliged to go to war when the nation calls, pastors and physicians to remain at their posts in time of pestilence, disaster, etc.

(b) Obligations of justice have precedence over obligations of charity, for in the former case a stricter right is in question. Example: Titus is keeping $5.00 in order to pay a debt to Caius, who needs the money today; Balbus, who is very poor, asks Titus to give the money to him. Titus should pay Caius.

(c) Negative or prohibitory laws have precedence over affirmative or preceptive laws (see 371). Example: Titus is asked to write out a testimonial stating that he knows that Balbus is honest, competent, etc. Balbus has claims on the help of Titus on account of a promise made in the past; but Titus knows very well that Balbus is not competent, honest, etc. The law forbidding lies prevails here over the law that one keep a promise made.

292. Since rights and duties are correlative—there being a duty that corresponds to every right, and vice versa—and since both are regulated by law, the principles given for the apparent collision of laws can be applied to the apparent collision of rights.

(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).

294. The laws to be considered in the pages that follow are temporal and moral. Thus: (a) they are laws promulgated at some particular time, either from the beginning of humanity (as is the case with the Natural Law) or later (e.g., the Mosaic Law, the Christian Law, etc,); (b) they are laws regulating, not the necessary (as is the case with metaphysical or mathematical laws), but the contingent; (c) they are laws given, not to the irrational creature (as is the case with physical and biological laws), but to the rational, that it may attain its end through self-government in accordance with law.

Art. 2: THE NATURAL LAW

~~(_Summa Theologica_, I-II, qq. 93, 94.)~~

295. Meaning.—The Natural Law is so called for the following reasons: (a) it is received by man, not through special promulgation, but along with his rational nature. Hence, St. Paul says that the Gentiles, who had not received the laws specially promulgated, were a law unto themselves, that is, through their rational nature (Rom., ii. 14); (b) it includes only such precepts as can be known or deduced from the very nature of man, and thus some pagans fulfilled the Law of Moses naturally, i.e., as regards its natural precepts (Rom., ii. 14); (c) it can be known from the natural light of reason without instruction, being a law written on the heart of man (Rom, ii. 15).

The Natural Law is defined theologically as a participation of the Eternal Law in man. Three elements constitute its essence in its integrity: (a) a passive participation of the Eternal Law consisting in man’s nature and faculties with their inclinations to their proper acts and ends. This man shares with all creatures. (b) an active participation in the Eternal Law proper to man. This consists in the activity of man’s intellect through which he shares in God’s providence and government in a special way as one who can rule himself and others. Reason, reflecting upon the natural inclinations and ordering them to their proper acts and ends, formulates (c) a dictate or command of the practical reason. This command constitutes the essence of Natural Law. “Hence the Psalmist after saying (Psalm, IV. 6): _Offer up the sacrifice of justice_, as though some one asked what the works of justice are, adds: _Many say, Who showeth us good things_, in answer to which he says: _The light of thy countenance, O Lord, is signed upon us_. Thus the Psalmist implies that the light of natural reason, whereby we discern what is good and bad, which is the function of the Natural Law, is nothing else than an imprint on us of the divine light. It is therefore evident that the Natural Law is nothing else than the rational creature’s participation in the eternal law” (_Summa Theol_. I-II, q. 91, a.2).

296. Relation of the Natural Law to Other Laws.-(a) The Natural Law is inferior to the Eternal Law; for, while the Eternal Law exists in the mind of God, underived from any other law and is regulative of all created things, the Natural Law exists in the mind of man, as a derivation and image of the Eternal Law and a rule for man’s acts only. (b) It is superior to Positive Law, for all Positive Law is a deduction from or a determination of Natural Law.

297. Division.—Since Natural Law is the reflection of the eternal plan of Divine Wisdom in the reason of man, we cannot distinguish different species of it according to difference of lawgivers or subjects. The objects regulated are, however, different; and hence we may distinguish various precepts of Natural Law.

(a) According to the difference of persons to whom natural duties are owed, there are natural laws concerning God (e.g., that God must be honored), natural laws concerning self (e.g., that one must not commit suicide), and natural laws concerning the neighbor (e.g., that injustice must not be done).

(b) According to the difference of natural inclinations in man, there are, first, natural laws common to him with all beings (e.g., the law of self-preservation, and hence it is a natural duty of man to take sleep, food, drink, remedies, etc., as necessary for life); secondly, natural laws common to him with all sentient beings or animals (e.g., the law of preservation of the species, and hence it is a natural duty of man to rear and provide for his children); thirdly, natural laws proper to man as a rational being (e.g., the laws that he should cultivate his powers of mind and will, and hence it is a natural duty of man to further religion and education, and to organize into societies and to respect the rights of others).

298. According to their necessity for the primary or the secondary end of a natural inclination, the laws of nature are divided into primary and secondary. (a) The primary end of a natural inclination is the conservation of a natural good; and so it is a primary law of nature that man should take the food, drink, sleep and exercise necessary for life, and that he should avoid poison or other things that cause death. (b) The secondary end of a natural inclination is the betterment of a natural good, or its easier conservation; thus, it is a secondary law of nature that man should use those kinds of food or drink that promote his health, that he should be careful about his diet, practise moderation, etc.

299. Primary and secondary laws of nature are also explained as follows: (a) a primary law is one that expresses the principal purpose of a natural inclination (e.g., social good, that is, the begetting and rearing of children, is the primary law of the married state); (b) the secondary law is one that expresses a less important purpose of a natural inclination. For example, individual good (i.e., companionship, mutual assistance, the practice of virtue and freedom from temptation) is the secondary purpose to be promoted in the married state.

~~300. Precepts of the Natural Law may be divided also on account of the different relations they have to one another or to our knowledge.~~

(a) According to the priority they have among themselves, the laws of nature are divided into the first principle and the secondary principles. The first principle, which is general, which depends on no other, and which is the root of all the others, is: “Good must be done, evil omitted.” The secondary principles are particular, and they apply this general principle to the natural inclinations of man mentioned above, which reason indicates as ends of action—i.e., as goods to be sought.

(b) According to the priority they have with respect to our knowledge of them, the laws of nature are divided, first, into axiomatic precepts, which are evident and are granted by all (e.g., that good is to be done, that one should follow reason, that one should not do to others what one does not wish done to oneself etc.), and, secondly, into inferred precepts (e.g., that one should not steal from others, as one does not wish others to steal from oneself).

301. The inferred precepts are also of two kinds, namely, general and particular. (a) The general precepts are those that are deduced immediately from the axioms as universal conclusions (e.g., the commandments of the Decalogue, the principle that one should return what one borrowed). (b) The particular precepts are those that are deduced only remotely from the axioms as conclusions about cases in which many particular conditions and circumstances are involved (e.g., many conclusions about contracts, the conclusion that a loan is to be paid in some particular way, at this particular time, etc.).

302. According to the invariability or permanence of their subject-matter, the laws of nature are of two kinds, namely, necessary and contingent. (a) The necessary laws are those whose matter always bears the same relation of essential conformity to or difformity from reason. For example, the command, “Thou shalt not take the name of the Lord in vain,” is necessary, because God remains always worthy of honor, and there is no conceivable or possible case in which it could become useful to speak of Him with dishonor. (b) The contingent laws of nature are those whose matter generally, but not always, bears the same essential relation to right reason. For example, the command, “Thou shalt not kill,” is contingent, because, though man generally remains worthy of having his life respected by others, there are cases when it might be injurious to the common welfare, and hence to natural law, that an individual be permitted to live, as when he has committed and been convicted of a capital crime.

303. According to the manner in which they oblige, the laws of nature are twofold, namely, absolute and relative. (a) Absolute laws are those that oblige for every case and condition, because the matter with which they are concerned is intrinsically good or bad in every instance (e.g., the laws forbidding marriage between parent and child, the law against polyandry). (b) Relative laws of nature are those that oblige except in case of a most grave public necessity, because the matter with which they are concerned is generally and of its very nature becoming or unbecoming (e.g., the laws forbidding marriage between brother and sister, the law forbidding polygamy).

304. According to the manner in which the obligation is contracted, laws of nature are of two kinds, viz., those whose obligatory force depends entirely on the nature of things (e.g., the law that God must be honored), and those whose obligatory force depends upon, an act of the will of man freely undertaking an obligation, which the nature of things then demands that he fulfill (e.g., the laws that those who have made vows, oaths, contracts, etc., should live up to that which they have freely promised).

305. Properties.—Since the Natural Law is the reflection of God’s Eternal Law impressed on the rational nature of man, it has the following properties: (a) it is both declarative and imperative; being immanent in man, it declares to him his duty; being transcendent in its origin, it speaks with the voice of authority; (b) it is universal, or for all, for it declares the necessities of nature, which are the same in all men; (c) it is unchangeable, that is, it admits of neither abrogation, nor dispensation, nor emendatory interpretation, for the essences of things, on which it is based, do not change; (d) it is recognizable and indelible, that is, it cannot fail to be known and cannot be forgotten by mankind, for it is promulgated through the light of reason given to man.

306. The Natural Law is of universal obligation. It is in force in all places, at all times, and for all persons. (a) Thus, those who have not the use of reason, such as infants and the insane, are subject to the Natural Law on account of their human nature which is injured by any transgression of its inclinations. Their ignorance, of course, excuses them from formal sin (see 24 sqq., 97 sqq.). Example: It is sinful to induce or permit children to blaspheme or become intoxicated, not only because of scandal or of harm done to them, but also because such things are necessarily repugnant to their dignity as human beings. (b) those who have the use of reason are subject to the Natural Law, and their transgressions are imputable as formal sins and incur the debt of punishment.

307. The Natural Law is unchangeable, not as regards additions, but as regards subtractions. (a) Additions may be made to the Natural Law, for, in many points not determined by it, it is well that supplementary regulations be made to provide for particular situations. These additions, made by Positive Law, divine and human, are amplifications rather than changes, for they must not be out of harmony with Natural Law. (b) Subtractions may not be made from the Natural Law—that is, there can be no exception when it declares that a certain thing must always be observed, and there can be no abrogation when it declares that a certain thing must be observed usually.

308. From the foregoing it follows that no precept of the Natural Law can be abrogated—that is, repealed and deprived of all force, so that what was today a precept of nature should no longer be such tomorrow; for the necessities of nature on which the Natural Law is based do not change.

~~309. As to the question whether any precepts of the Natural Law may be dispensed or not, distinction must be made between two kinds of dispensation.~~

(a) A dispensation in the strict sense is granted when a legislator relaxes for a particular case the obligation of a law, although the subject-matter of the law still remains. Example: Titus is in the class of those who are bound by the law of fast, but he is exempted by competent authority from the obligation of the law.

(b) A dispensation in the wide sense is granted when the subject-matter of the law is taken away by the legislator himself or by another, so that it ceases to be comprehended under the law, although the obligation of the law still remains. Example: Balbus owed money to Caius, but, as Caius forgave him the debt, he is no longer in the class of those who are bound by law as debtors to Caius; he is not exempted, however, from the obligation of the general law that one must pay one’s debts.

~~310. There are various opinions as to the possibility of a dispensation from the Natural Law granted by God, but the following doctrine seems the most probable.~~

(a) God Himself cannot dispense in any way from those precepts whose matter is necessary (see 302), such as axiomatic precepts (viz., those that prohibit malice and those that command duties to be fulfilled at a proper time and place). For all the subject-matter of these precepts is intrinsically either consonant with or dissonant from right reason. Example: God could not by decree abolish the Ten Commandments, for, as long as God is God, He must remain worthy of worship, praise and love; and, as long as man is man, it must be against his rational nature to murder, steal, lie. etc.

(b) God cannot grant a dispensation in the strict sense from those precepts of the Natural Law whose matter is contingent, such as the precepts against the taking of human life, against taking possessions from others against their will, etc. For, as long as the subject-matter of these precepts remains what it is supposed to be by the law, transgression of them is necessarily opposed to reason. Example: God cannot command the killing of a person who has the right to life, nor the taking of property that rightly belongs to another.

(c) God can grant a dispensation in the wide sense from contingent precepts of the Natural Law—that is, He can make a change as regards the subject-matter, so that it no longer falls under the law. Thus, since God is the supreme Lord of life and property, He can without injury to human rights command that a person be put to death or deprived of his property by another. These acts would not constitute murder (i.e., unjust homicide) or stealing (i.e., unlawful taking); for God has a higher claim on life and possessions than the immediate owners have. Examples: The command to Abraham to kill his son was not a dispensation from the law against murder any more than the sending of death to the first-born of Egypt was the commission of murder by God. The command given the Israelites to carry away with them the goods of the Egyptians was not a dispensation from the law against theft, any more than the destruction of the fruits of the Egyptians by plagues was the commission of theft by God.

~~311. Is God able to make a decree which sets up a most grave public necessity opposed to the observance of a law of nature?~~

(a) If there is question of absolute laws (see 303), this cannot be done, for God cannot deny Himself by making a disposition contrary to His Eternal Law. Example: We do not read that God ever sanctioned polyandry or marriage between parent and child, and it seems that He could never permit such things as lawful.

(b) If there is question of relative laws (see 303), the decree in question can be made by God; for the unbecomingness of that which is forbidden by a relative law passes away in the face of a great need. Example: Since God desired the propagation of the human race from one man and one woman, marriage between brothers and sisters was not against the Natural Law at the beginning. Since God desired the speedy multiplication of the chosen people after the patriarchal era, polygamy was not repugnant to nature among the Jews of that period.

~~312. Is God able to remove a natural obligation in a case of private necessity, that is, when the fulfillment would be harmful to an individual?~~

(a) Natural obligations that do not depend upon any free consent of the will given to them (see 304) cannot be removed except by a dispensation widely so-called and when their matter is contingent (as explained in 309-310). Examples: God could not dispense an individual from the duty of confessing Him in order to escape death, for the subject-matter of the law here is necessary. God, could dispense an individual from the obligation of not taking the property of another, for God is the principal owner of all things, including those possessed by others.

(b) Natural obligations that depend upon the act or deed of human beings consenting to obligation (see 304) can be removed. For since human beings cannot know all the circumstances existent, or all the conditions that will arise, it can happen that a thing agreed to or promised is only seemingly good, or will change from good to bad, so that while the promise or agreement made is in itself good and naturally obligatory, its fulfillment would work harm and evil, or be useless, or would prevent the accomplishment of a greater good. It is reasonable, therefore, that God should release from obligation here, thus changing the subject-matter of the law, so that it is no longer comprehended under the law (see 309-310). Example: Titus vows or swears that he will give a certain alms or make a certain pilgrimage; but, when the time for fulfillment arrives, his circumstances have so changed that it would not be advisable for him to keep the promise made. The Church, acting in the name of God, can declare that the subject-matter of this promise has become harmful and is not longer suitable, and hence that the obligation has ceased.

~~313. Human Authority and Modification of the Natural Law.~~

(a) Additions to the Natural Law may be made, not only by positive laws of God, but also by human laws of Church or State, through the introduction of that which Natural Law permits, or the determination or confirmation of that which Natural Law contains implicitly or explicitly. Examples: Division of property rights introduced by the law of nations; conditions for valid contracts determined by particular codes; the laws against theft and murder confirmed by definite penalties prescribed for those crimes.

(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).

316. Verbal interpretation of the Natural Law is made as follows: (a) by private authority—that is, by those who are competent, on account of learning and prudence, to understand the meaning of the law, such as moral theologians; (b) by public authority—that is, by those who are appointed to rule, with the prerogative of declaring the meaning of the Natural Law. The Pope, since he must feed the flock of Christ, is divinely constituted to interpret Natural Law, and does so authentically and infallibly. Thus, the Church declares that certain matrimonial impediments are natural, and therefore incapable of being dispensed.

On the competence of the Church to give authoritative interpretations of the natural law in the field of morals, Pius XII has spoken clearly and forcefully: “... it must openly and firmly be held that the power of the Church has never been limited to the boundaries of strictly religious matters’ as they are called; but the whole content of the natural law, its institution, interpretation and application are within its power insofar as its moral element is concerned. For the observation of the natural law, by the ordination of God, is the way by which man must strive to attain his supernatural end. On the road to this supernatural end. it is the Church that is his leader and guide. This is the way the Apostles acted, and from the earliest times the Church held to this way of acting as it does today—and not in the manner of a private leader and counselor, but from the command and authority of God” (AAS 46 [1954] 671-672).

317. From the foregoing it follows that the Natural Law is so unchangeable that it cannot be abrogated or properly dispensed, or given an emendatory interpretation. But, though the law itself remains, there are cases in which non-observance of it is excused from guilt. These cases can be reduced to physical and moral impossibility.

(a) In cases of physical impossibility (i.e., when the powers requisite for observance are wanting), one is manifestly excused; for law is reasonable, and it is not reasonable to require impossibilities. Examples: Infants are not guilty of sin against the Natural Law, when they do not pray; for they lack the use of reason, which is presupposed by the notion of prayer. He who is unable to work is not obliged to earn support for relatives.

(b) In cases of moral impossibility (i.e., when a law cannot be kept without the infringement of a higher law or the loss of a higher good), one is also excused; for it is unreasonable to prefer the less to the more important. Example: Titus lends a revolver to Balbus. Later he asks that it be returned to him, as he wishes to kill himself. Now, property is less valuable than life, and hence Balbus is unable in this case to observe the law which requires that things borrowed must be returned.

318. Moral impossibility is also defined as the inability to observe the law without serious injury or loss to oneself or a third party. Serious injuries are such as deprive some one of great goods, such as the use of reason, life, knowledge, friendship, health, reputation, property. Serious losses are such as prevent one from obtaining notable goods, The following rules indicate when grave inconvenience excuses, and when it does not excuse, from the guilt arising from the non-observance of Natural Law:

(a) when the law is negative (i.e., prohibitory), no inconvenience excuses from sin; for that which is forbidden by the Natural Law is always morally evil, and hence more to be shunned than even the greatest physical evil, or death. Example: One is obliged, under grave or light sin, as the case may be, to forfeit all temporal goods rather than blaspheme, murder, lie, etc.;

(b) when the law is affirmative (or mandatory), an inconvenience which, all things considered, is really and relatively grave, excuses from sin; for that which is commanded by the Natural Law is not always morally obligatory, but only at the right time and in the right circumstances (see 371), and hence its omission is not always morally evil. Examples: Sempronius vowed that he would go on foot to a place of pilgrimage, but when the day came he had a sprained ankle that would be badly injured if he walked. Caius received a jewel stolen from Balbus and promised that he would return it at once to the owner, but he finds that he cannot do so now without danger, either of the arrest of himself or of the one who took the jewel. Titus sees a person who has been seriously injured lying by the roadside, but he is tired, and neither gives help himself nor summons aid. In the first two cases the inconvenience is grave, and hence Sempronius may ride to the place of pilgrimage, and Caius may return the jewel to Balbus later; but the inconvenience of Titus is slight, and does not excuse him from sin.

319. Just as the Natural Law is unchangeable, because based on the unchangeable Eternal Law instituting the nature of man, so is it easily knowable, because it is promulgated by the light of reason. Hence: (a) invincible ignorance of the entire Natural Law is impossible in any person who has the use of reason; (b) complete forgetfulness of the Natural Law by mankind is impossible.

320. Those who have not the use of reason, either habitually (as children and the insane) or actually (as the intoxicated), may be invincibly ignorant of the Natural Law—for example, they may be unable to perceive even the difference between right and wrong. As to those who have the use of reason, they can be ignorant of the Natural Law only as follows:

(a) they cannot ever be invincibly ignorant of the most general precepts (such as “good is to be done,” “evil is to be avoided”), for since they know the difference between right and wrong, they must also perceive that which is contained in the concepts of right and wrong, viz., that the former is something desirable and which ought to be done, the latter something undesirable which must not be done;

(b) one cannot, as a rule, be invincibly ignorant of those precepts that are immediately inferred as necessary conclusions from the most general precepts (such as “that which was borrowed must be returned”), for the conclusion follows so easily from the manifest principle that only in exceptional cases could one be excused for not knowing its truth;

(c) one can, even as a rule, be ignorant of precepts that are inferred as necessary but very remote conclusions from the most general precepts, (such as “that which was borrowed must be returned at such a time or place, or in such a manner or condition”), for this conclusion is so far removed from its premise, and there are so many factors to be considered, that considerable knowledge and skill in reasoning are required for a correct judgment—things in which many people are lacking.

321. The Commandments of the Decalogue follow directly from the most general precepts of the Natural Law, and so to them may be applied what was said in the previous paragraph. Hence: (a) generally speaking, no person who has the use of reason can be invincibly ignorant of the Commandments. St. Paul blames the pagans as inexcusable in various sins committed against the Decalogue; (b) in special cases, a person who has the use of reason can be invincibly ignorant of one or more Commandments; for while the Commandments may be easily inferred by most persons from the common principles of right and wrong, there are sometimes involuntary impediments that hinder the right employment of reason. Thus, children and older persons whose mentality is undeveloped, although they know the difference between right and wrong, are frequently unable to draw the conclusion that follows from it (e.g., that one should not tell lies).

322. The Commandments regarding which invincible ignorance may most easily exist are: (a) those that deal with merely internal acts, for the malice of violating them is less apparent. Hence, many theologians admit that even among Christians the wickedness of sinful thoughts and desires may be inculpably unknown, at least when the wickedness of the corresponding external acts is also not known; (b) those that deal with the control of sensuality, for the impulse to inordinate acts is at times most vehement. Unde theologi sunt qui affirmant malitiam peccatorum externorum contra sextum invincibiliter ignorari posse, non solum apud infideles, sed etiam apud Christianos, ita quod ab adolescentibus facile ad tempus ignorari possit malitia mollitiei.

323. If a Commandment be applied to some particular case in which there are many circumstances to be considered, or some reason that appears to change the subject-matter of the law, even adults who have the perfect use of reason may be invincibly ignorant; for in such instances we are considering, not an immediate, but a remote conclusion from the general principles of Natural Law.

(a) If the case is difficult relatively (i.e., in view of the training or lack of education of the person studying it), there can be invincible ignorance, at least for a time. Examples: Jepthe, according to St. Jerome, appears to have been invincibly ignorant that it was not lawful for him to slay his daughter. Being a soldier and living in a rude age, he perhaps did not appreciate the sacredness of human life. Unlettered persons might conceivably think in good faith that it is not wrong to commit perjury in order to help one in danger, to steal in order to pay debts, to think evil if there is no intention to fulfill it, to do what the majority do or what is tolerated, etc.

(b) If the case is difficult absolutely (i.e., in view of the matter itself, which is complicated and obscure), there can be invincible ignorance, even for a long time. Thus, it is so difficult to settle many problems pertaining to justice (i.e., to the application of the Seventh Commandment) that we find professional theologians who take opposite sides, or admit that, speculatively speaking, they do not know where the truth lies.

324. The Natural Law can never be erased from the hearts of men. (a) In abnormal circumstances only, as when the general power of reasoning has been weakened or lost, can the Natural Law be forgotten. Thus, to a degenerate who becomes violently insane murder and other crimes may appear as good acts. But no community could govern itself by the standards of madmen and long survive. (b) In normal circumstances (i.e., as long as the general power of reasoning remains unimpaired), the Natural Law cannot be forgotten, as far as its general principles or immediate conclusions are concerned, although it may be overlooked or lost sight of when it is applied to particular cases, or when remote conclusions are deduced from it.

325. As long, therefore, as a body of men remain sane, even though they be uncivilized or addicted to crime, they cannot become oblivious of the Natural Law. (a) The general principles (“good is to be done,” “evil is to be avoided”) cannot vanish from the mind, although, in particular affairs, anger, pleasure, or some other passion may prevent men from thinking about them. Thus, when the mob spirit takes hold of a crowd, it becomes intent only on violence or revenge, and gives no thought to conscience. (b) The secondary precepts, such as those contained in the Decalogue, cannot be obliterated from the mind, although in applying them to concrete situations a people may go astray.

There are many examples of laws, both ancient and modern, which permitted or commanded, for particular cases, things contrary to the current application of natural precepts. Thus, the Spartans and the Romans ordered the murder of infants who were weakly and of slaves whose master had been killed. Some ancient races encouraged robberies committed beyond the boundaries of the states, and savage tribes have been found who had the practice of putting to death parents who were aged or infirm.

~~326. The causes of wrong applications of the Natural Law are the following:~~

(a) Some causes are involuntary. Thus, the correct application may be difficult, as when more than one moral principle has to be considered and applied; or, if the case is not difficult, the person who makes the application may be mentally undeveloped, or his mind may be blinded on account of his bad education or environment. Examples: The races who saw no infamy in robbery committed against their neighbors, lived in a wild age when such acts of violence seemed necessary as measures of self-protection. The savage killed his aged parents, because to his untutored mind this seemed an act of mercy.

(b) Some causes are voluntary, such as neglect of the truth, vicious habits, etc. Examples: St. Paul blames the pagans for their idolatry, because they had darkened their own minds about God. Pirates and bandits who came to regard violence as necessary for their own defense were responsible for their state of mind, inasmuch as they had chosen a life of crime.

327. Transgression of Natural Law, therefore, is not imputable as formal sin if it is not voluntary. Hence: (a) lack of knowledge excuses, when ignorance is involuntary (e.g., those who have not the use of reason, as infants and the unconscious; children and others mentally undeveloped who cannot grasp the meaning of some precept; educated persons who are unable to get a right solution of some knotty problem of morals, etc.); (b) lack of consent excuses in whole or in part (as when one acts through fear).

Art. 3: THE POSITIVE DIVINE LAW

~~(_Summa Theologica_, I-II, qq. 98-108.)~~

328. Meaning.—The Positive Divine Law is the law added by God to the Natural Law, in order to direct the actions of man to his supernatural End, to assist him to a better observance of the Natural Law, and to perfect that which is wanting in human law.

(a) The Last End of man is not natural, but supernatural (see 20), and hence it was necessary that, in addition to the precepts which guide man towards his natural beatitude, there should be added precepts that will guide him towards his supernatural beatitude: “The Law of the Lord gives wisdom to little ones” (Ps. xviii. 8).

(b) The light of natural reason was sufficient to instruct man in the Natural Law, but through sin that light had become obscured, with the result that evil customs set in, and very many were at a loss how to apply the Natural Law, or applied it wrongly. Hence, it was most suitable that the Natural Law should be summed up in brief commandments and given externally by the authority of God. This was done through the Decalogue, which is a part of the Positive Divine Law of both the Mosaic and the Christian dispensations: “The testimony of the Lord is faithful” (Ps. xviii. 8).

(c) Human laws are the product of fallible human judgment; they can direct only such acts as are external, and they are unable to forbid or punish many evil deeds. Hence, it was necessary that there should be positive divine laws to supply for what is wanting in human law: “The law of the Lord is unspotted, converting souls” (Ps. xviii. 8).

~~329. The Positive Divine Law differs from the Natural Law as to subject-matter, permanence, and manner of promulgation.~~

(a) The precepts of the Natural Law are necessary, since they follow as necessary consequences from the nature of man, the precepts of the Positive Law of God, excluding those that are external promulgations of the Natural Law, are not necessary, since they follow from the free decree of God raising man to that which is above his nature.

(b) The precepts of the Natural Law are unchangeable, since the nature of man always remains the same. Of the precepts of the Positive Law of God some were changed, because given only for a time (such as the ceremonial laws of Judaism); others, absolutely speaking, could be changed, because not necessarily connected with the end God has in view (e.g., the laws concerning Sacraments).

(c) The precepts of both kinds of law are immediately from God; but the Natural Law is promulgated only in a general way, through the light of reason given to man along with his nature, while the Positive Law of God is proclaimed by special commands (e.g., “thou shalt not steal”).

330. The Positive Divine Law contains two kinds of precepts, viz., natural and supernatural commandments. (a) The natural precepts were given in order to recall to the minds of men the laws knowable through reason which had become obscured through passion, custom or example. The Commandments given to Moses on the tablets of stone renewed the natural precepts which God had written through reason on the hearts of men. (b) The supernatural precepts were given in order to point out to men the duties their supernatural destiny imposed. Example: The precepts of faith, hope, charity.

~~331. Division.—There are four historical states of man with reference to his Last End, and to each of these correspond positive divine laws.~~

(a) The state of Original Innocence is that which existed in Paradise before the Fall. Man had been raised to the supernatural state, and hence he was obliged to the supernatural acts of faith, hope, charity, etc.; he was subject to God, both as to body and soul, and hence he was obliged to offer some kind of external sacrifice; he was sanctified immediately by God, and hence was not bound to the use of any sacraments; but he was still in a state of probation, and was subject to various special regulations, such as the commands to avoid the fruit of a certain tree, to labor in Eden, etc.

(b) The state of the Law of Nature is that which existed from the Fall to the giving of the written law through Moses. It is called the state of the Law of Nature, not in the sense that there were no supernatural precepts then in force, but in the sense that there were as yet no written precepts. In that period man knew the Natural Law, not from commandments written on tablets of stone, but from the law of reason inscribed in his heart; he knew the supernatural precepts, not from scriptures given him by God, but from tradition or special divine inspiration. In addition to the inner acts of supernatural worship and faith in the Messiah to come and the outer sacrifices, there were during this state certain rites of purification, or sacraments, by which fallen man was purified from sin. A special precept of the patriarchial times was the prohibition made to Noe against the eating of flesh with blood in it.

~~(c) The state of the Mosaic Law is that which existed from the giving of the law on Sinai until the giving of the New Testament law by Christ.~~

~~(d) The state of the Christian Law, or of the New Law, is that which began with Christ and the Apostles and will continue till the end of the world.~~

332. The Mosaic Law.—This was the special law of God to the Jews, the people chosen by God as the race from which the Saviour of the world was to come. It has two periods: the period of preparation and the period of the Law.

(a)The period of preparation for the Law began with the Promise or Covenant given to Abraham. A law is not given except to a people (see 285), and, as the peoples of the world at that time had returned to the general corruption that reigned before the Deluge, God chose Abraham to be the father of a new nation in which true religion should be preserved until the Redeemer of the world had come. The rite of circumcision was ordered as a mark of the covenant and a sacrament of remission.

(b) The period of the Law began with the promulgation of the Decalogue on Sinai. The descendants of Abraham had grown into a nation and had been freed from slavery, and they were thus ready to receive a special law. Their history thereafter shows how God trained them according to the pattern of the Mosaic Law and prepared them for the providential mission, which, through the Messiah, should be theirs, of giving to the world the perfect and universal Law of the Gospel.

333. The Excellence of the Mosaic Law.—(a) The Law was good (Rom, vii. 12): it commanded what was according to reason and forbade what was opposed to reason; it had God for its Author and prepared man for the Law of Christ. (b) The Law was imperfect (Heb., vii. 19); it was given for a time when men were spiritually but children and not ready as yet for the teaching and morality of the Gospel; it forbade sin and provided punishments, but the necessary helps for observing it came only from faith in Christ, the Author of the New Law.

334. The Subjects of the Mosaic Law.—(a) The Jewish people were bound by the Mosaic Law. God had chosen Abraham by gratuitous election to be the forefather of the Messiah, and it was by gratuitous election that He gave the Jews a Law which would lend them a special holiness befitting the promises made their race. The Jews, therefore, were bound to more things than other nations, as being the Chosen People; just as clerics are bound to more things than the laity, as being the ministers of God.

(b) The Gentiles were not bound by the laws peculiar to the Mosaic Code, but only by the common precepts, natural and supernatural, that were in force in the state of the Law of Nature. But it was permitted to Gentiles to become proselytes, that by observing Mosaic rites they might more easily and more perfectly work out their salvation.

335. The Duration of the Mosaic Law.—(a) The Law began when experience had proved that knowledge is not sufficient to make man virtuous, that is, at a time when, in spite of the Natural Law, the peoples were turning to polytheism and vice: “The Law was given on account of transgression” (Gal, iii. 19).

(b) The Law ended when experience had shown that external observance is not sufficient for holiness, that is, at the time when Judaism was degenerating into formalism, putting the letter before the spirit of the Law: “What the Law could not do, God sending His own Son, hath condemned sin in the flesh, that the justification of the Law might be fulfilled in us” (Rom., viii. 3, 4).

336. Deuteronomy, vi. 1, describes the Mosaic Law as precepts, ceremonies and judgments; and the commandments of the Old Testament can be classified according to this threefold division. (a) The moral precepts defined the duties to God and man that arise from the dictates of reason and the Natural Law; (b) the ceremonial prescriptions were determinations of the religious duties to God contained in the moral law, and rules concerning the performance of worship based on the positive ordinance of God; (c) the judgments were determinations of social duties contained in the moral law; they were the civil or political code of the theocratic nation which had its force from the positive ordinance of God.

337. The moral precepts are contained in the Decalogue, which is a sum of the whole Natural Law, inasmuch as the general principles of the Natural Law are implicit therein in their immediate conclusions, while the remote conclusions are virtually found in the Commandments as in their principles (see 301).

338. The Decalogue expresses man’s duties: (a) towards God, viz., loyalty (First Commandment), reverence (Second), service (Third)—all of which are Laws of the First Table; (b) towards parents (Fourth), and all fellow-men, viz., that no injustice be done them by sins of deed (Fifth, Sixth, Seventh), of mouth (Eighth), or of heart (Ninth, Tenth)—all of which are Laws of the Second Table.

339. The further moral precepts which were added after the giving of the Decalogue can all be reduced to one or the other of the Ten Commandments. Examples: The prohibition against fortune-telling belongs to the First; the prohibition against perjury and false teaching, to the Second; the commandment to honor the aged, to the Fourth; the prohibition against detraction, to the Eighth.

340. The ceremonial laws, which prescribed the manner of performing the divine worship or of acting as befitted the Chosen People, and which prefigured the worship and people of the New Testament, were numerous, in order that the Jews might be more easily preserved from pagan rites and customs. The ceremonies they regulated were of four kinds: (a) the sacrifices through which God was worshipped and through which the sacrifice of Christ was prefigured (e.g., the holocausts, peace-offerings, sin-offerings); (b) the sacred times and places, things and persons set apart in order to give more dignity to divine worship and to foreshadow more distinctly the good things to come; (c) the sacraments by which the people or sacred ministers were consecrated to the worship of God and were made to prefigure Christ (e.g., circumcision and the consecration of Levites); (d) the customs which regulated the details of life so that both priests and people might act as became their special calling, and might be types and figures of the Christian people (e.g., the laws about food, dress, etc.).

341. Unlike the moral laws, which had existed before Moses as the Natural Law and which continue under the Christian dispensation, the ceremonial laws were temporary. Thus: (a) before Moses other ceremonies were observed by the patriarchs (e.g., the sacrifice of Abel, the altars of Abraham and Jacob, the priesthood of Melchisedech, etc.); (b) after the coming of Christ, distinctions of food, new moons, sabbaths, and other Mosaic ceremonies were abrogated, since the figures of future things had been superseded by rites that commemorated benefits that were present.

342. We may distinguish four periods in the history of the Mosaic ceremonial law: (a) from Moses until Christ, it was the divinely ordained manner of worshipping God, and was obligatory for the Chosen People; (b) at the death of Christ, when the New Testament began, the Mosaic ceremonial ceased to be obligatory; (c) until the Gospel had been sufficiently promulgated (i.e., until the destruction of the City and the Temple of Jerusalem), the ceremonial law was permitted to Jewish converts, not as prefiguring Christ, but as a form of divine worship; (d) after the Gospel had been sufficiently proclaimed, it was no longer lawful to conform to the Mosaic observances.

343. The judgments or judicial laws of the Old Testament were intended; (a) to regulate the relations of the people of God to one another and to strangers according to justice and equity, and thus to prepare them for the coming of the Messiah; (b) to be, consequently, in some sort a figure of the social constitution of the Christian people.

344. The judicial laws, like the ceremonial, expired with the New Testament. But since, unlike the ceremonial laws, they were not appointed directly as prefigurative of Christianity, their provisions, if not opposed to Christian law, could be used as part of the civil code of a Christian State.

~~345. There were four kinds of judicial precepts:~~

(a) those concerning rulers. The government was monarchical and aristocratic, as being administered by Moses and his successors with the assistance of a body of elders; but it was also democratic, inasmuch as the princes were chosen from the people and by the people;

~~(b) those concerning citizens. Excellent laws concerning sales, contracts, property, and the administration of justice, are laid down in the Pentateuch;~~

~~(c) those concerning foreigners. The relationship of the Jews to other nations, whether in peace or in war, was regulated by wise and humane laws;~~

~~(d) those concerning families. The rights and duties of husband and wife, parent and child, master and servant, were carefully and considerately provided for.~~

346. The Law of the New Testament.—This is the special law given by God through Christ to the whole world, and which endures till the end of time. Its character will be understood most readily from a comparison of it with the Law of the Old Testament.

(a) In both Testaments grace and the Holy Spirit are given through faith in Christ (the internal law), and doctrines, commandments and ceremonies are prescribed (the external law). But, whereas the Old Testament is principally a law of works, the New Testament is principally a law of faith (Rom., iii, 27); the former is concerned mostly with the external conduct, the latter regulates, not only actions, but also the internal movements of the soul, of which faith is the first.

(b) In both Testaments men are justified and saved through faith and works (Heb, xi., 39; Rom., i. 16), and not through the external written law or the letter. But it is only through Christ, the author of the New Law, that men are enabled to perform what the law requires: “The law was given by Moses; grace and truth came by Jesus Christ” (John, i. 17).

347. Comparison of the Two Testaments from Other Viewpoints.—(a) The aim of both Laws is to secure obedience to God and holiness for man. But the New Testament, since given to those who were better prepared and more perfect, unveils more clearly the mysteries of faith, enjoins more perfect works, and supplements the Commandments with counsels of perfection (cfr. the Sermon on the Mount).

(b) Both Laws make use of threats, promises and persuasion in order to move men to obedience. But, as the Old Law was for those who were spiritually but children, it dwells especially on the punishments to be meted out to transgressors and the external rewards that will be given to the obedient (the law of fear); whereas the New Law, being for those who are spiritually mature, holds out as inducements chiefly the love of virtue and rewards that are internal and spiritual (the law of love).

(c) The author of both laws is God. But, while the Old Law was announced through God’s servants as the preparatory dispensation, the New Law was proclaimed by the Son of God Himself as the final economy of human salvation: “God, who at sundry times spoke in times past to the fathers by the prophets, last of all in these days hath spoken to us by His Son, whom He hath appointed heir of all things” (Heb, ii. 1).

348. Differences in the Precepts of the Two Laws.—(a) There is no opposition between the commandments of the two Laws; for the ceremonial and judicial precepts of the Old Law, which contained figure and prophecy, are fulfilled in the precepts of Christ, while the moral laws of the Old Testament are confirmed and perfected by the moral laws of Christ: “I am not come to destroy, but to fulfill” (Matt., v. 17).

(b) There is no substantial difference between the faith and works of the two Testaments. For, that which is now believed explicitly and clearly, was believed implicitly and in figure in the Old Testament, and the greater things that now are commanded were contained germinally in the precepts of the Old Law.

349. The Old and the New Law Compared as to Difficulty.—(a) If we consider the difficulty that arises from the fulfillment of external works, the Old Law was much more difficult. For while the Law of Moses imposed numerous and complicated ceremonies and observances, the Law of Christ commands but few and simple rites. Of the Old Law St. Peter says that it was a yoke, “which neither our fathers nor we have been able to bear” (Acts, xv. 10)—that is, it was extremely burdensome; but of His own Law Christ says: “My yoke is sweet, and My burden light” (Matt, xi. 30). Even the additions made by Christ to the Old Law (e.g., the prohibition against divorce) really facilitate that which the Old Law itself intended—viz., the perfection of man. Hence, the Old Law is the law of servitude; the New Law, the law of liberty.

(b) If we consider the difficulty that arises from internal works, or the dispositions and motives with which precepts are to be fulfilled, the New Law is more difficult; for it inculcates a loftier piety and gives more attention to the spirit with which God is to be worshipped. But, since love is the all-inclusive commandment of Christ, and since gladness and fervor are easy to the lover, the commandments of Christ “are not heavy” (I John, v. 3).

350. The External Works Commended by Christ.—(a) Since the New Law is the law of grace, it commands only those things by which we are brought to grace, or by means of which we make use of grace already received. We receive grace only through Christ, and hence there are commandments regarding the Sacraments; we make right use of grace by faith that worketh through charity, and hence there are the precepts of the Decalogue to be kept.

(b) Since the New Law is the law of liberty, it does not determine the details of the moral law, nor prescribe minutely how we must worship God and observe justice to others, as was done in the ceremonial and judicial laws of the Old Testament. Minor dispositions of this kind have no necessary relation to internal grace, being morally indifferent. Hence, Christ left many things free, to be determined later according to conditions, either by the individual (in personal matters) or by the spiritual or temporal authority (in matters of public concern). It is contrary to the spirit of the Gospel, however, that mankind should be oppressed with numerous and burdensome observances.

351. The Internal Works Commanded by Christ.—In the Sermon on the Mount were given the commandments of the New Law that summarize the entire duty of the Christian as to his internal acts: “Everyone that heareth these My words, and doeth them, shall be likened to a wise man that built his house upon a rock” (Matt., vii. 24). Thus, there are: (a) internal acts commanded as regards our own wills and purposes (we must avoid not only external, but also internal sins and the occasions of sin; we must not only do good, but we must have a good motive, not placing our end in human applause or riches); (b) internal acts commanded as regards our neighbor (we must not judge him rashly, unjustly, presumptuously; nor must we trust him imprudently); (c) interior dispositions with which we must perform our duties (we must avoid inordinate cares, imploring and expecting the divine assistance; but we must also avoid carelessness, having our minds set on the narrow way, and eschewing seductions).

352. The Teaching of Christ on the Three Classes of Precepts: Moral, Ceremonial and Judicial.—(a) As regards the moral precepts (i.e., the Decalogue or Natural Law), not one jot or tittle was to pass away. But so little was the soul of these precepts then recognized that Christ gave a new commandment of love, by which His followers were to be known; and He reduced the whole law to the two commandments of love of God and love of our neighbor.

(b) As regards the ceremonial precepts (i.e., the forms of Jewish worship), these were to be superseded. Christ declared the manner in which God was to be worshipped, namely, in spirit and in truth. He instituted the Sacrifice of the New Testament, appointed the ritual of the Sacraments (e.g., of Baptism and the Eucharist), and taught a form of prayer which was to be used by His disciples. Other things He left to be determined by the Church.

(c) As regards the judicial precepts (i.e., the civil laws of the theocratic nation), these ceased to be necessary with the coming of Christ, whose Kingdom is spiritual and with whom there is no distinction of Jew or Gentile, since His law is for all. In fact, with the destruction of Jerusalem in A.D. 70, foretold by Christ, both the Temple worship and the separate national life of Israel came to an end. In correcting the false interpretations which the Pharisees put upon various judicial precepts of their law (e.g., in showing them that the law of retaliation and the law that public enemies should be put to death did not authorize revenge and hatred), Christ indicated the spirit that should animate all civil laws, namely, love of justice. He left it to the wisdom of future lawgivers to apply the rule of justice to the relations between man and man, nation and nation, as circumstances would require.

~~353. The precepts by which Christ established the primacy of the Pope and the hierarchy may be called judicial. But the details of this constitution He left the Church to determine.~~

354. The Duration of the Law of Christ.—(a) The Beginning.—The New Law was given through the revelation made by Christ and the Holy Ghost to the Apostles; it was ratified at the Last Supper and in the death of Christ, when the New Testament was proclaimed and the Old Testament came to an end; it was promulgated, first at Jerusalem on the day of Pentecost, and later throughout the world by the preaching of the Apostles.

(b) The End.—The Law of Christ continues till the end of time; for this generation—that is, this last period of world history under the Christian dispensation—shall not end until Christ returns to judge mankind; “Behold, I am with you all days, even unto the consummation of the world” (Matt., xxviii. 20).

355. The Subjects of the Law of Christ.—(a) The Law of Christ is for all: “Going, therefore, teach ye all nations. teaching them to observe all things whatsoever I have commanded you” (Matt., xxviii. 19).

(b) The Law of Christ does not oblige all in the same way. Those outside Christianity are obliged directly by the commands to believe and to be baptized. Christians are obliged directly by the laws of faith and works accepted in Baptism.

356. Ignorance of the Law of Christ.-(a) Outsiders may be in invincible ignorance of the Law of Christ. For many persons through no fault of their own, in times past or even today, have not heard the Gospel message: “How shall they believe Him of whom they have not heard?” (Rom, x. 14).

(b) Christians may be in invincible ignorance of the Law of Christ. For, just as want of a preacher causes a pagan to be invincibly ignorant of the necessity of Baptism, so a lack of instruction in Christian doctrine might leave a baptized person inculpably ignorant (e.g., of the duty of receiving the Eucharist).

357. Dispensation from the Law of Christ.—(a) Its Possibility.—It cannot be denied that Christ could have dispensed from the positive precepts of His law, either directly or through His Church; for those precepts depend on His will, and, like every other legislator, He can relax His law or delegate others to do so.

(b) Its Reality.—Some believe that Christ granted dispensations from His Law (e.g., that He freed the Blessed Virgin and the Apostles from the duty of receiving Baptism, that he authorized the Apostles to give Baptism without mentioning the Trinity), but these opinions seem unlikely and are not well supported. Some also believe that the power of loosing granted the Church (Matt., xvi. 19) includes the power of dispensing from the Law of Christ. The contrary, however, seems more probable. For the power of loosing is certainly limited to such matters as the good of the Church and of souls requires, and it is more advantageous for the Church and its members that the laws given by Christ Himself should be absolutely unchangeable, in order that the unity of the Church and its dependence on its Founder may be more manifest.

On the other hand, the alternate opinion has solid grounds and arguments, and merits due consideration. Some authors distinguish a twofold law of Christ; (a) absolute, that which obliges immediately and of itself independently of any action of man; e.g., the law concerning the necessity of Baptism or determining bread and wine as the matter of the Eucharist; (b) hypothetic, which presupposes some human action; e.g., the law of the indissolubility of matrimony which urges after man has freely willed to be bound by the laws of matrimony. Similarly, the binding force of vows presupposes the taking of the vow.

As to the absolute law, no human authority may dispense from it. As already indicated, the good of the Church, its unity and stability, seem to demand an unchangeable law. In regard to the hypothetical law, many of the more modern authors assert that the Holy Pontiff can at times dispense. The power of loosing implies a power of dispensing in the Church which has been used in particular cases; e.g., _ratum et non consummatum_ matrimony. Moreover, the power to dispense seems extremely useful and almost necessary for the prudent and wise governing of the Church. For, with a change of circumstances an individual might be impeded from doing a greater good because of a preceding act of will; e.g., one might be impeded from embracing the religious life because of a prior vow to remain in the world to assist in Catholic Action (see Fanfani, O.P., _Theol. Moral. Manuale_, Vol. I, n. 134).

358. Interpretation of the Law of Christ.-(a) Private interpretation (_epieikeia_ or equity) is used in extraordinary cases, not foreseen by the lawgiver, and it declares that a particular case does not fall under the Law. This kind of interpretation applies only to human laws, since God foresees things not only universally, but also in particular (cfr. on Natural Law, 315). (b) Public interpretation of the Law of Christ is made by the Church, in virtue of the commission: “Teach all things whatsoever I have commanded” (Matt, xxviii. 20).

359. Public Interpretation of the Law of Christ—(a) The Church is able to give a declarative interpretation of the Positive Divine Law—that is, to explain its meaning, to show what cases are comprehended in the law, what cases are not, when one is obliged, when one is excused, etc. Example: The Church interprets the doctrine of Christ on the indissolubility of marriage, explaining when the bond is absolutely indissoluble, the conditions under which it may sometimes be dissolved, etc.

(b) The Church is able to give determinative interpretation of the Positive Divine Law—that is, to settle in what manner a law must be fulfilled. Examples: Christ gave the command that the Eucharist should be received, but it was the Church that determined when and how often one must receive Communion to comply with the wishes of Christ. Christ instituted only generically the essential rite of some Sacraments, leaving it to the Church to determine the rite more specifically.

360. The Law of Christ and Impossibility.—(a) Impossibility does not excuse from a law, in which an act is necessary not because it is prescribed, but is prescribed because it is a necessary means without which, even if one be not guilty of negligence, salvation cannot be had (necessity of means). Example: Infants who die without Baptism are not held guilty of neglecting the Sacraments, but lack of it deprives them of the supernatural bliss promised by Christ. Only Baptism confers regeneration, and only the regenerated are capable of the vision of God.

(b) Impossibility can excuse from a law in which an act is necessary because it is prescribed, and which therefore makes one guilty of sin, if one willfully neglects it (necessity of precept). Example: An adult who dies without the Eucharist cannot be saved if he was guilty of grave negligence; but he can be saved, if it was not his own fault that he did not receive Holy Communion. The Eucharist increases supernatural life, but inculpable lack of it does not exclude from that life.

~~361. Impossibility—or what is called impossibility—does not always excuse even from those divine laws which have only the necessity of precept.~~

(a) Physical impossibility is the lack of power to perform an act; for example, it is physically impossible for a blind man to read. This kind of impossibility, of course, excuses from guilt and punishment. Example: Titus is dying and thinks of the command that he should receive Viaticum. But he is unable to receive Communion without vomiting. Hence, in his case the impossibility excuses from the divine command.

(b) Moral impossibility is the inability to perform an act without serious inconvenience; for example, it is morally impossible for one who has weak eyes to read small print. This kind of impossibility does not excuse, if a greater evil will result from the non-observance of the law than the evil of inconvenience that will result from its observance. Examples: Eleazer would not eat the meats forbidden by the law of Moses, preferring to die rather than give public scandal (II Mach., vii. 18). The command of Christ that pastors minister to their flocks obliges, even if it involves danger of death, when there is a great public necessity (as in time of pestilence) or an urgent private necessity (as when an infant is about to die without Baptism).

362. Moral impossibility excuses from divine laws that have only necessity of precept, if the inconvenience is serious, even when compared to the evil of violating the law; for God does not wish commands freely instituted by His will to oblige more rigorously than the commands of the Natural Law (see 289, 317). Examples: Christ excused David for eating the loaves of proposition (which was forbidden by the law of Moses) on account of urgent necessity. A most grave external inconvenience excuses from the law of integrity of confession (see Vol. II).

363. What is the nature of the Church’s action in dissolving the bond of marriages that are not ratified, or not consummated after ratification (see Vol. II), with reference to Christ’s law of indissolubility? (a) Some see in this an application of other divine laws that limit the law of indissolubility, and that were enunciated by Christ Himself in His teaching on the supremacy of faith over other bonds, the superiority of virginity to marriage, the power of the Church in loosing, etc. (b) Others see in this an interpretation, declarative or expansive, of the law of indissolubility. (c) Still others regard these dissolutions as a removal of the proper matter of the obligation contracted through the act of the human will (cfr. the Natural Law, 312). The power of loosing would apply here as in the case of vows. Some authors call this removal of matter “annulment of act,” “remission of debt,” “permission”; while others call it “dispensation” (see 314). Those who consider the dissolution of _ratum non consummatum_ matrimony as “dispensation” list the law of indissolubility as hypothetical positive law (see 357).

~~364. Counsels.—In addition to its precepts (which are obligatory), the New Law contains counsels, which are optional, but which are expressly recommended.~~

365. A counsel is a moral direction by which one who is willing is advised to prefer a higher to a lower good, in order thereby to tend more efficaciously towards perfection and to merit a greater reward.

(a) A counsel is not something commanded. Example: Our Lord’s direction to the disciples on their first mission that they should not carry their sustenance with them was required as a duty that they might learn to trust in Providence. Hence, it was not a counsel.

~~(b) A counsel is not everything good that is not commanded. Example: Marriage is not commanded to all, but it is not a counsel, since the opposite good, viz., celibacy, is better (I Cor., vii. 38).~~

366. That which is only counselled as to its actual performance, is commanded as to its acceptance by the will for a case of necessity. Example: Our Lord’s direction that good be done to personal enemies does not command that one actually confer favors on them outside of the case of necessity (this is only counselled), but only that one be so charitably inclined that one is ready to help even a personal enemy who is in serious need.

~~367. The superiority of the counsels may be seen from the attitudes men take to the goods of this world.~~

~~(a) Some are taken up entirely with the things of earth, making temporal goods the end of life and the standard of action. These do not keep the Commandments and cannot be saved.~~

(b) Some use the goods of this world not as ends, but as subordinate to things that are higher. These keep the Commandments and will be saved; but their solicitude about temporal concerns lessens the attention they could give to things of the spirit.

(c) Some renounce entirely the goods of this life, in order to give themselves as completely as possible to the things of God. These observe the counsels, and can more readily attain to holiness and salvation; for, being freed from numerous cares about earthly things, they can devote themselves more easily and earnestly to things that are heavenly.

368. The Three Counsels.—There are many counsels given in the Gospels, but all can be reduced to three, according to the three chief earthly goods that may be surrendered, and the three kinds of temptation that come from those goods.

(a) The counsel of poverty requires that one give up entirely external goods or wealth, from which comes the concupiscence of the eyes: “If thou wilt be perfect, go sell what thou hast, and give to the poor, and thou shalt have treasure in heaven” (Matt, Xix. 21).

(b) The counsel of chastity requires that one renounce entirely carnal goods of pleasure, from which arise the concupiscence of the flesh: “He that giveth his virgin in marriage, doth well; and he that giveth her not, doth better” (I Cor., vii. 38).

~~(c) The counsel of obedience requires that one deny oneself the good of the soul which is one’s own will, from which comes the pride of life: “Come follow Me” (Matt, xix. 21).~~

369. The counsels can be followed in two ways. (a) They are followed completely, when one accepts them as a rule for one’s whole life, as is done by those who embrace the state of perfection in the religious life, taking by vow the three evangelical counsels of poverty, chastity and obedience. (b) They are followed partially when one practises them in particular instances. Examples: A wealthy man who gives to the poor when there is no obligation to do so, practises the counsel of poverty in that case. A person who renounces his own legitimate wishes in some matter, practises the counsel of obedience in that case, as when he confers some favor on one who has offended him, or pardons a debt. Married persons who practise conjugal abstinence for the sake of religion, follow a counsel of chastity (I Cor., vii. 5).

Art. 4: HUMAN LAW

~~(_Summa Theologica_, I-II, qq. 95-97.)~~

370. Definition.—Since human perversity often needs a check in regulations that are not expressly contained in the Natural or in the Divine Law, other laws must be made by society, drawn from those higher laws as conclusions or added to them as determinations, in order to meet special circumstances and necessities.

~~371. Division of Human Laws.-Human laws are variously divided.~~

~~(a) According to the difference of legislators, laws are either ecclesiastical or civil.~~

b) According to their mode of derivation from the Natural Law, laws belong either to the law of nations (_jus gentium_) or to civil law. To the _jus gentium_ belong those laws which are derived from the Natural Law as conclusions from premises, e.g., the right to private property without which men cannot live peacefully in society. To civil law belongs whatever is derived from Natural Law by way of positive determination by a legislator; e.g., Natural Law dictates that the evil-doer be punished; but that the punishment take a particular form, imprisonment, exile, death, is a determination depending upon the will of the legislator.

The _jus gentium_ is not international law which derives its force and sanction from the free will of the legislator. The law of nations is common to all men and derives its force from the conviction of men that such a law is demanded for the good of mankind. It is not a secondary precept of the Natural Law which is derived from the primary precepts necessarily. Rather it is based upon a contingent set of circumstances; it does not spring from man’s nature absolutely considered, but from the way in which man acts and reacts in his society.

(c) According to the difference of their objects, laws are either affirmative (i.e., preceptive) or negative (i.e., prohibitive). An affirmative law obliges always, but not for every occasion; a negative law obliges always, and for every occasion. Example: The Third and Fourth Commandments are always in force, but it is not necessary to elicit a positive act of compliance at every instant. The other Commandments, which are negative, are not only in force always, but it is necessary at every instant to omit what they forbid.

(d) According to the obligation which they impose, laws are either moral, penal, or moral-penal. Moral laws oblige under pain of sin, penal laws under pain of punishment, moral-penal laws under pain of both.

(e) According to their inclusiveness, laws are either personal or territorial. The former affect the person for whom the law is made, and oblige him even when he is outside the territory of the lawgiver. The latter affect the territory, and hence do not oblige a subject when he is outside the territory affected by the law.

~~(f) According to their effect, prohibitive laws are either merely prohibitive or irritant. The former make what is forbidden illegal, the latter make it also void.~~

372. Qualities.—The objects or content of human law must be of such a character: (a) that they do not conflict with the Natural or the Divine Law; (b) that they be beneficial to the community for which they are made.

373. Laws fail to be of public benefit in such cases as the following: (a) if they are made without a broad view of the public good, which has regard for different classes of people and various interests, and which provides for the future as well as for the present; (b) if, losing sight of the fact that the majority are not perfect in virtue, the lawgivers require so much that the law falls into contempt, and graver evils result than would have happened otherwise. Hence, it is advisable that human laws confine their prohibitions to graver misdeeds, especially those that are harmful to others and to society, and restrict their commands to such good acts as promote the common weal. Multiplicity of laws, excessive penalties for minor offenses, cruel and unusual sanctions, lead to lawlessness.

~~374. Human laws should not prescribe what is too difficult.~~

(a) They should not prescribe heroic virtue, unless the common safety demands it, or a subject has voluntarily obliged himself to it. Example: Soldiers in war and pastors in time of pestilence must expose themselves to danger of death; but for ordinary occasions the law should not oblige one to risk one’s life or other great good.

(b) They should not prescribe agreement with the mind of the legislator or a virtuous performance of what is prescribed, unless the thing ordered itself demands this. Examples: The law of annual Confession and of the Easter Communion requires, not only that these Sacraments be received, but that they be received worthily, for an unworthy Confession is no Sacrament, and an unworthy Communion does not satisfy the command of Christ, of which the Church command is but a determination. On the other hand, the Lenten fast observed by one who is not in the state of grace is an act good in itself and satisfies the law. He who hears Mass on a holyday, not knowing that it is a holyday, satisfies the obligation, though he had no intention of fulfilling it.

375. Obligation of Human Laws.—All human laws that are just, whether they be ecclesiastical or civil, made by believers in God or unbelievers, are obligatory in conscience, (a) From the beginning the Church has made laws and imposed them as obligatory (Acts, xv. 29; I Cor., vi. 4; I Cor., xi. 5; I Tim., v. 9-12), and has recognized as obligatory the laws of the State, without regard to the moral or religious qualifications of the rulers (I Peter, ii. 13-16; Rom., xiii. 1-7).

(b) Human laws are necessary. The Natural Law does not prescribe definite penalties, while the Positive Divine Law prescribes only such as are remote and invisible; and hence, if there were no human laws holding out the threat of determined and present punishments, the Divine laws would be contemned. Moreover, since the higher laws are sometimes unknown, or prescribe no time, place or manner of accomplishment, or do not command things that would be useful for their observance, it is necessary that there be laws made by man to secure the better knowledge and fulfillment of the laws given by God Himself.

~~376. A human law is unjust in two ways:~~

(a) if opposed to the rights of God. Examples: The command of Pharaoh that the Hebrew male children be murdered (Exod., i. 17), the command of Antiochus that his subjects sacrifice to idols (I Mach., ii. 16-20), the command of the Sanhedrin that the Apostles should cease to preach (Acts, v. 29);

(b) if opposed to the rights of man. This happens in three ways: First, when the purpose of the law is not the common good, as when the lawgiver seeks only his own profit or glory; secondly, when the maker of the law has not the requisite authority; thirdly, when the law itself, although for the common good and made by competent authority, does not distribute burdens equally or reasonably among the people. Examples: Achab and Jezabel, in the affair of the vineyard of Naboth, had in view not the public, but their own private benefit (III Kings, xvi). The sentence of death pronounced on our Lord by the Sanhedrin was illegal, because, among other reasons, the body was not assembled according to law, and hence had no authority to give sentence. The commands given the Israelites by Pharaoh (Exod., v. 18), and to their subjects by Oriental despots (I Kings, viii), were unjust, because the former discriminated against the Israelites, and the latter bore down too heavily on all the people. The former civil laws that prescribed the same penalty of hanging for a slight misdemeanor (such as the theft of a loaf of bread by a boy) as for the capital crimes of piracy or murder, the Stamp Act of George III, and some modern laws that sentence to life imprisonment those who have been four times convicted of slight offenses, are more recent examples of unjust laws.

377. Obedience to unjust laws is not obligatory in the following cases. (a) If a law is opposed to the rights of God, it is not lawful to do what that law commands or permits, nor to omit what it forbids. Examples: If a law permits one to practise polygamy, or commands one to blaspheme religion, one may not use the permission or obey. If a law forbids one to give or receive Baptism, it has no force. (b) If a law is certainly opposed to the rights of man in any of the three ways mentioned in the previous paragraph (376, b), it does not of itself oblige in conscience, since it lacks some essential condition of a true law, and even the consent of the majority or of all does not make it just. However, it may oblige accidentally, on account of the greater evils that would follow on disobedience, such as scandal, civil disturbances, etc. The duty of subjects is to remonstrate against such a law and to work for its repeal.

378. The obligation of all laws is not the same in kind, or degree. (a) Moral laws oblige one to do what is commanded or to omit what is forbidden, as a duty owed in conscience; hence, he who violates a law of this kind is guilty of moral fault. Penal laws oblige one to follow what they prescribe, if one would be free from guilt before the law and not liable in conscience to the penalty prescribed; hence, he who violates a penal law is guilty of juridical fault, and, if he further illegally resists the penalty, he becomes guilty also of moral fault. (b) Moral laws are not all of the same obligatory force, some of them obliging under grave sin, others under venial sin.

379. The following human laws are recognized as moral laws: (a) ecclesiastical laws, with few exceptions; (b) civil laws that confirm the Eternal or Divine Law, or that pertain directly to the common welfare, such as the laws that determine the duties of public officials, the rights of inheritance, etc.

380. The following human laws are generally regarded as merely penal: (a) ecclesiastical laws which expressly state that their observance is not required under pain of sin (e.g., the statutes of many Religious Orders); (b) civil laws of minor importance, or which the legislator imposes as a purely civil duty (e.g., some traffic regulations).

381. Moral laws oblige under grave sin if the two following conditions are present: (a) if the thing prescribed by the law is of great importance, because of its nature or circumstances; (b) if the lawgiver intended to impose a grave obligation.

382. A matter of light moment cannot be made the object of a law that binds under grave sin, for this would impose an intolerable burden, and would thus be contrary to the common good. What is unimportant in itself, however, may become important on account of its purpose or other circumstance.

383. The intention of the legislator to impose a grave moral obligation is recognized either: (a) from his own declaration, as when a church law is commanded under threat of the divine judgment; or (b) from circumstances that indicate such an intention, such as the gravity of the subject-matter of the law or the kind of penalty it prescribes, the general opinion of authorities, or the common practice of the community.

384. By obliging to the observance of what they command and the avoidance of what they forbid, laws indirectly oblige to what is necessary for such obedience. (a) Hence, the law obliges one to make use of the ordinary means for its fulfillment. Examples: He who has not used ordinary diligence to know the law, sins against the law if he violates its prescriptions. He who eats meat on a day of abstinence, because he neglected to provide himself with other food, is guilty of sin. (b) The law obliges one to use sufficient diligence in removing impediments to its fulfillment or dangers of its violation. Examples: The law of hearing Mass on Sunday obliges one not to stay up so late on Saturday that fulfillment will be impossible. The law of fasting obliges one to avoid dangerous occasions of its violation.

385. Interpretation.—Though laws are carefully framed as to language, doubts about their meaning will often arise—in ordinary cases, because of lack of understanding or changes of conditions, and in extraordinary cases, because from the circumstances the law seems inapplicable. Hence the need of explaining the law, which is done in ordinary cases by interpretation, in extraordinary cases by _epieikeia_ (see 411 sqq.).

386. Interpretation is a genuine explanation of the law, that is, one that states the meaning of the words of the law according to the intention the lawgiver had in mind when he chose them. It is of various kinds.

(a) According to the author from whom it proceeds, interpretation is authentic, if it comes from the lawgiver himself or from another authorized by him; it is usual, if it comes from common usage (i.e., from the manner in which the law is customarily observed); it is doctrinal, if it is made by learned men according to the rules of correct exegesis.

(b) According to the effect, interpretation is declarative, if it clears up what was obscure in the law; it is supplementary, if it extends or limits the law, by adding to or subtracting from the cases included under it.

(c) According to the manner in which it is made, interpretation is strict or wide, Strict interpretation gives to a word of law that least inclusive and most proper signification it bears (e.g., it understands “son” to stand for son by birth). Wide interpretation gives to a word a more inclusive and less proper signification (e.g., it understands “son” to stand for son by birth or by adoption).

387. Those Subject to Law.—Only those are morally obliged to observe human law who are subjects of the lawgiver and who have the use of reason. (a) Those who are not subjects in any sense are not bound, for to obligate by law is an act of authority and jurisdiction; (b) those who have not reached the age of reason, or who are habitually insane, are not themselves morally bound, since they are incapable of moral obligation. Of course, they may be restrained as to acts, and their rights may be determined.

388. The lawgiver himself, even though not subject, is held to observe the laws he makes. Thus: (a) if the lawmaking power resides in a legislative assembly, each legislator is subject to the body and hence to its laws; (b) if the lawmaking power is vested in an individual, he is not subject to the coactive force of his own laws, since he cannot punish himself; but he is subject to their directive force, inasmuch as the higher law of nature requires that the superior show good example by observing what he requires of others.

389. Change of Law.—The growth of knowledge and experience, or the change of social circumstances, requires now and then that human laws be improved or adapted to new conditions. But, since laws derive a great part of their influence from custom, they should not be changed unless the break with custom is compensated for by the urgent necessity of the new law, by its manifest advantage, or by the evident iniquity or harmfulness of the old law, In brief, the common good should be the norm by which to decide whether a law should be retained or changed.

390. Constitutional law, as being fundamental and organic, is more immutable than ordinary law. (a) If given to a society established according to the positive ordinance of a superior, it cannot be abrogated or modified by the legislative authority of that society, since this would be contrary to the will of the founder. Hence, the Church has no power to change the fundamental constitution given her by Christ, who prescribed the religious society as established by Him to be necessary. (b) If a constitutional law is given to a society which is perfect and necessary from the law of nature, such constitution can be modified for extraordinary reasons and in the special ways provided (e.g., by amendments approved by the people).

391. The Law of Custom.—Custom (i.e., a long-continued practice that has acquired binding force) is able to establish a new law or to do away with an old law. For the will of the lawgiver is manifested not only by words, as happens in the written law, but also and more clearly by repeated and continued acts, as happens in the case of the unwritten law of custom. In a democracy it is the consent of the people who follow the custom as law that imposes the obligation; in a monarchy it is the consent of the ruler who permits the custom.

392. With reference to their legal effects, there are three kinds of customs: (a) customs according to the law, which are those that confirm by use an existing law; in this way custom interprets law (see 386); (b) customs beside the law, which are those that introduce a new obligation that is not prescribed by any written law; in this way custom establishes law; (c) customs contrary to law, which are those that remove the obligation of a previous law; in this way custom repeals, at least in part, the law to which it is opposed.

~~393. Custom has not the power to establish or repeal a law, unless it possesses the requisites of law itself (see 285). Hence arise the following conditions:~~

(a) Since the exercise of the legislative power requires freedom, customs do not possess legal force unless they have been practised freely. Hence, a custom that has been established by force does not suffice;

(b) Since laws can be made only for perfect societies, customs have not the force of law, unless they are practised by a perfect society, or by a majority of its members who are representative. Hence, a custom observed by a family or by a minority of the voters in a body that has its own jurisprudence has not the status of law;

(c) Since laws must proceed from competent authority, customs do not make or unmake law, unless they have the approval of the ruling power. In a society where the legislative function rests with the people (e.g., in the ancient democracy of Athens), the fact that they follow a custom with the purpose of enacting it into law or of using it against an existing law is sufficient approval. But if the supreme power is not with the multitude, their customs do not obtain the force of legislative acts, unless approved by the constituted authority;

~~(d) Since law needs to be promulgated, a custom, to have the effect of law, must be practised by public acts through which it becomes known to the people as a whole.~~

394. Customs that have the other requisite conditions begin to be obligatory or derogatory as soon as the approval of competent authority is had. (a) If the approval is given expressly, the custom has the force of law at once; (b) if it is given tacitly, inasmuch as the lawgiver, knowing the custom and being under no restraint, does not disapprove, the custom has the force of law as soon as tacit consent is recognized by the learned and prudent; (c) if it is given by the law itself, which explicitly accepts reasonable customs, the custom has the force of law when it has lasted for ten years, or other length of time prescribed.

~~395. If the superior disapproves of a custom or maintains diplomatic silence for fear of greater evils, his consent is withheld, and the custom cannot be deemed as of legal force.~~

396. There are other conditions necessary that a custom may acquire the force of law. (a) Since a law is an ordinance knowingly imposed by the will of the legislator, a custom does not constitute a law if it is followed through the erroneous conviction that it is already a law, or if there is nothing to indicate a will to make it obligatory. Signs of the intention to raise a custom to the dignity of a law are the punishment of transgressors of the custom, the observance of the custom even at the cost of great inconvenience, the opinion of the good that it should be followed, etc. (b) Since a law cannot prescribe except what is reasonable and for the common good, a practice opposed to the Natural or Divine Law, or expressly reprobated by written law as an abuse, or one that is injurious to the welfare of the community, cannot become unwritten law through custom.

397. There are special conditions in order that a custom may do away with an existing law. (a) A written law is not repealed unless the legislator wills to take away its obligation, and hence desuetude or a custom contrary to law does not abrogate a law unless it manifests a purpose not to be obligated by what the law prescribes. This it does if the whole people regard a certain law as a dead letter, or feel that circumstances or the common welfare require the opposite of what the law requires, and have no scruple in acting uniformly according to this conviction.

(b) A written law is not repealed, if it is immutable, or if a change would be prejudicial to the common interest; similarly, therefore, a custom cannot abolish a law, unless this law is one that can be abrogated by human acts, and that is not essential to the public good. Hence, customs contrary to the Commandments or to the Law of Christ, customs that are expressly condemned in Canon Law as corruptions, customs that encourage lawlessness or afford occasions of sin, can never do away with a law, no matter how long or by how many they are practised.

398. Those who start a custom contrary to law are sometimes in good faith, and hence are not guilty of disobedience. (a) It may be that they are in ignorance of the law, but have the interpretative will not to be bound by it; (b) it may be that they know the law, but sincerely think that, on account of conditions, it has ceased of itself.

399. Even when a custom has been started in bad faith, it may continue through good faith, and so become not a violation, but an abrogation of the law. Changed conditions may make the law useless or harmful; or the very fact that it is no longer observed may make it too difficult to enforce.

400. Today customs do not so often attain the force of law. Moreover, so difficult is it to know whether any custom has all the qualities necessary for establishing, modifying, or abrogating a law that only an expert is competent to judge in this matter.

401. Dispensation.—Human law has not the immutability of the Divine Law. Hence, not only may it be changed, but it may also be dispensed. Dispensation is a relaxation of the positive law made for a particular case by him who has the competent authority.

~~(a) It is a relaxation of the law—that is, it takes away the obligation of the law. Thus, it differs from permission, which is fulfillment of what is conditionally allowed by the law.~~

(b) Dispensation is made for a particular case—that is, it is granted when the provisions of the law, though beneficial to the community as a whole, are not suitable for a particular person or case. Thus, it differs, first, from abrogation and derogation, which remove the obligation of the whole or a part of the law for the entire community; and, secondly, from privilege, which is granted permanently as a private law.

(c) Dispensation is given by competent authority—that is, by the legislator or others who have the lawful power. Thus, it differs from _epieikeia_ and private interpretation, which are made by those who have no power to dispense.

(d) Dispensation is a relaxation of the positive law, for since the Natural Law is immutable (see 305), no dispensation can be given from its requirements. Thus, dispensation differs from the official declaration or interpretation of the Natural or Divine Law (see 315).

402. Those who have the power to dispense from a law are the lawgiver and others duly authorized. (a) The lawgiver himself can dispense as follows: in his own laws, since he was able to make them; in the laws of his predecessors, since his authority is equal to theirs; in the laws of his inferiors, since they are his subordinates. (b) Others can dispense who have received from the law, from their superior, or from custom the necessary authority to dispense.

403. Those Who May Be Dispensed from a Law.—(a) Since dispensation is an act of jurisdiction, only those can be dispensed who are in some way subject to the dispenser. Since, however, the jurisdiction used in dispensing does not impose an obligation but grants a favor, it is held that he who has the power to dispense others may also dispense himself, if his power is not restricted. (b) Since dispensation is an act of authority, it may be exercised even in favor of one who is absent, or ignorant of the dispensation or unwilling to accept it. But, since as a rule favors should not be forced, the validity of a dispensation generally depends upon the consent of the one dispensed.

404. The power of dispensing has for its end the common good, and therefore it must be exercised: (a) faith fully, that is, not for reasons of private interest or friendship; (b) prudently, that is with knowledge of the case and with judgment that there are sufficient reasons for dispensation.

405. In order that the reason for a dispensation be sufficient, it is not required that it be so grave as to constitute a physical or moral impossibility of keeping the law, since the obligation of the law ceases in the face of impossibility (see 317, 487), without the need of dispensation. Hence, lesser reasons suffice for dispensation.

406. A dispensation must be granted whenever the law itself or justice requires it. The following cases are usually given: (a) when there exists a reason that requires, according to law, that a dispensation be granted; (b) when the common good, or the spiritual good of an individual, or his protection from some considerable evil, demands the concession of a dispensation.

407. A dispensation may be either granted or denied, when the case does not demand it and the superior after careful investigation is not certain whether the reason is sufficient or insufficient; otherwise, a greater responsibility would rest on the superior than the law can be thought to impose—viz., that of attaining certainty where it cannot easily be had.

408. He who dispenses without a sufficient reason is guilty of the sin of favoritism, and is responsible for the discontent and quarrels that result. He is guilty of grave sin thus: (a) if serious scandal or other inconvenience is caused, even when the dispenser is the lawgiver himself; (b) if the law obliges under grave sin and the dispensation is not granted by the lawgiver, but by an inferior who usurps the right to dispense.

409. The subject of dispensation is guilty of sin: (a) if he asks a dispensation when he knows for certain that there is no sufficient reason for it; (b) if, having been denied a dispensation, even though unjustly, he acts against the law; or if he knowingly makes use of an invalid or expired dispensation.

410. Sufficient reasons for a dispensation can be reduced to two classes: (a) private welfare (e.g., the difficulty of the law for the petitioner, a notable benefit he will receive through the dispensation, etc.); (b) public welfare (e.g., the benefits that are secured to the community, or the evils that are avoided through the dispensation).

411. _Epieikeia_.—Since human laws regulate particular and contingent cases according to what usually happens, and since they must therefore be expressed in general terms, exceptional cases will occur that fall under the law, if we consider only the general wording of its text, but that do not fall under the law, if we consider the purpose of the lawgiver, who never foresaw the exceptional cases and would have made different provision for them, had he foreseen them. In such exceptional cases legalism insists on blind obedience to the law-books, but the higher justice of _epieikeia_ or equity calls for obedience to the lawgiver himself as intending the common welfare and fair treatment of the rights of each person.

412. _Epieikeia_ may be defined, therefore, as a moderation of the words of the law where in an extraordinary case, on account of their generality, they do not represent the mind of the lawgiver; which moderation must be made in the manner in which the lawgiver himself would have made it, had he thought of the case, or would make it now, were he consulted. Hence, _epieikeia_ differs from the various causes that take away the obligation of a law, for it supposes the non-existence of obligation from the beginning and non-comprehension in the law.

~~Thus: (a) it is not revocation, desuetude, restrictive interpretation, or dispensation; (b) it is not cessation on account of impossibility; (c) it is not presumed permission or self-dispensation.~~

~~413. In its use _epieikeia_ is at once lawful and dangerous.~~

~~(a) It is lawful, for it defends the common good, the judgment of conscience, the rights of individuals from subjection to a written document, and from oppression by the abuse of power;~~

~~(b) it is dangerous, for it rests on the judgment of the individual, which is prone to decide in his own favor to the detriment of the common good as well as of self.~~

~~414. _Epieikeia_ by its very nature imposes certain limits on its use.~~

~~(a) It is based on the fact that a certain case is not comprehended in a law, because the legislator did not foresee it.~~

Hence, _epieikeia_ is not applicable to the Divine Law; for the Divine Lawgiver foresaw all cases that could arise, and so excluded all exceptions (see 315). This is clear as regards the Ten Commandments and other precepts of the Natural Law, since they deal with what is intrinsically good or bad, and are unchangeable (see 307). But it applies also to the prescriptions of the Positive Law of God, and apparent cases of _epieikeia_, such as the eating of the loaves of proposition by David (I Kings, xxi. 6), can be explained by the cessation of law or divine dispensation. Examples: One may not excuse certain modern forms of cheating on the plea that they were not thought of when the Decalogue was given. One may not omit Baptism on the ground that Christ Himself would have excused from it, had He foreseen the circumstances.

(b) _Epieikeia_ is based on the principle that the words of a law must be subordinated to the common good and justice. Hence, it is not applicable to those laws whose universal observance is demanded by the common good—that is, to irritant laws. Any hardship suffered by an individual through the effect of such laws is small in comparison with the injury that would be done to the common welfare if there were any cases not comprehended in such laws; for irritant laws are the norms for judging the validity of contracts and other acts, and public; security demands that they be uniform and certain. Example: One may not contract marriage with a diriment impediment, on the plea that the Church would not wish the impediments to oblige under the serious inconvenience that exists in one’s case.

~~415. The dangers of _epieikeia_ also place limitations on its use.~~

(a) There is the danger that one may be wrong in judging that the lawgiver did not wish to include a case under his law. If this is not certain, one should investigate to the best of one’s ability, and have recourse, if possible, to the legislator or his representative for a declaration or dispensation. It is never lawful to use _epieikeia_ without reasonable certainty that the legislator would not wish the law to apply here and now.

(b) There is the danger that one may be in bad faith in deciding that the common good or justice requires the use of _epieikeia_; the motive in reality may be self-interest or escape from obligation, Hence, a person should not use _epieikeia_ except in necessity, when he is thrown on his own resources and must decide for himself; and, even then, he must be sure that he acts from sincerity and disinterestedness.

~~416. Cases in which the use of _epieikeia_ is lawful are the following:~~

(a) Epieikeia in a wide sense—that is, a benign interpretation made by a private individual that a particular case is not comprehended in the intention of the lawgiver, because the latter had not the power to include it—may be used for all cases in which the opposite interpretation would set the law up in opposition to the common welfare or would work injustice to individuals. Example: The law that goods borrowed must be returned to their owners yields to _epieikeia_, if there is question of putting weapons into the hands of one who would use them against the public security or for the commission of murder;

(b) _Epieikeia_ in a strict sense—that is, the judgment that a particular case is not included in the intention of the lawgiver, because the latter had not the wish to include it—may be used for all those cases in which the opposite interpretation would suppose in the lawgiver a severity that is not likely. “The rigor of the law may be extreme injustice” (Cicero, _De Officiis_, I, 10). Example: Titus has the opportunity to make a notable sum of money on a Sunday morning, but cannot make use of the opportunity without missing Mass that day. Caius on a fast day feels well, but is tired and will be not a little inconvenienced if he fasts. Both Titus and Caius may use _epieikeia_, for the Church does not wish to be unkind, nor, generally speaking, to have her laws oblige rigorously and for every case.

417. Though all human law is subject to _epieikeia_, the practice of the civil law does not always allow it. (a) Action on individual responsibility makes one guilty of technical violation. Example: Balbus, fearing that his house may be robbed or he himself assaulted, borrows a revolver and practises shooting. He had not time to get the necessary permit, but argued that necessity knows no law. But, if he is arrested, the court may hold him guilty of violating the law. (b) Action in a court of equity, however, will give relief for cases not provided for in law. Example: One may obtain an order from the court restraining a neighbor from injury, when the law itself gives only the right to recover damages for injury done.

Art. 5: ECCLESIASTICAL LAW

418. The Church, being a perfect and independent society, has the power to make laws for its members in order to promote the common spiritual welfare. These laws are not an encroachment on the liberty of the Gospel, for Christ Himself bestowed on the Church legislative and other governmental powers suitable to her mission. The charter of the legislative authority of the Church is contained in the words of Christ to Peter: “I say to thee that thou art Peter, and upon this rock I will build My Church, and the gates of hell shall not prevail against it. And I will give to thee the keys of the kingdom of heaven. And whatsoever thou shalt bind upon earth, shall be bound also in heaven; and whatsoever thou shalt loose on earth, it shall be loosed also in heaven” (Matt., xvi. 18, 19; see also Matt., xviii. 17; Luke, x. 16).

~~419. The character of laws made by the Church is as follows:~~

~~(a) their purpose is to guide and assist the individual that he may more easily and perfectly fulfill the laws of Christ, and to protect and promote the welfare of the Church as a whole;~~

~~(b) their contents generally do not impose what is the height of perfection, but what is the minimum necessary for salvation (see 374);~~

(e) their number, unlike that of the laws of the Synagogue, is few. There are only six precepts of the Church that bind all the faithful; the other laws of the Church do not all oblige each individual, some being for prelates, some for priests, some for religious, some for judges, etc.;

~~(d) their obligation is not so strict as that of the laws of the Old Testament, for they are more easily changed or dispensed.~~

420. General Law of the Church.—The general law of the Church is found in the five books of the Code of Canon Law, promulgated by Benedict XV on May 27, 1917. It applies only to the Latin Church, except in those matters that of their nature affect the Oriental Church as well, and it has been in force from Pentecost Sunday, May 19, 1918.

~~421. The effects of the Code on the older legislation are as follows:~~

(a) it retains in their entirety liturgical laws that are not expressly corrected; agreements of the Holy See with various nations, even if they are opposed to the Code; favors, privileges and indults that are not revoked (Canons 2-4);

(b) disciplinary laws of ecclesiastical origin opposed to the Code are to be held as revoked, even if they are particular, unless the contrary is provided. Disciplinary laws of ecclesiastical origin omitted by the Code are retained in force, if they are particular; they are abrogated, if they are general and not contained at least implicitly in the Code; if a general law decreed a penalty, it must be expressly mentioned in the Code to retain force (Canon 6);

(c) customs, universal or particular, opposed to the Code, when expressly disapproved by it, must be corrected, even if immemorial; when they are not expressly disapproved by the Code, they may or may not be continued, as a rule, according as they are immemorial—or one century old—or not (Canon 5).

422. The rules laid down for the interpretation of the Code are as follows: (a) in those parts where the Code agrees with the older legislation, it is to be interpreted by means of the latter; (b) in those parts where it certainly disagrees with the older legislation, it is to be interpreted from its own phraseology (Canon 6).

423. Lawgivers in the Church.—The Pope, as Vicar of Christ and Visible Head of the Church, has supreme legislative power in the Church (Canon 218): “Thou art Peter, and upon this rock I will build My Church .... And I will give to thee the keys of the kingdom of heaven, etc.” (Matt., xvi. 18, 19). Thus, the Pope can legislate: (a) for the whole Church, either alone or with the body of the Episcopate subject to him in an Ecumenical Council, either directly or through Congregations; (b) for any part of the Church, either directly or through representatives. Thus also, by Papal concession, legates may legislate for a place to which they are sent, _Praelati nullius_ for a territory over which they are placed, General Chapters for a Religious Order, and the like.

424. The Bishops, “placed by the Holy Ghost to rule the Church of God” (Acts, xx. 28), have legislative power within their own territory, dependently on the Pope (Canon 335). (a) They can make laws, each for his own diocese, either in or out of a synod; (b) when gathered together in council, provincial or plenary, they can legislate for ecclesiastical provinces, or for all the faithful of their country.

425. Subject-Matter of Church Law.—The end of the Church being the glory of God and the salvation of souls, she can legislate concerning all matters that are sacred or that refer, directly or indirectly, to the satisfaction of man or the worship of God (see Leo XIII, Const. _Immortale Dei_, d. 1 Nov. 1885).

(a) The Church can call to mind those things that are already prescribed by the Divine Law, Natural or Positive; and, although she cannot dispense in these laws (see 313-814 and exception as to hypothetical positive law in 357), she can interpret them authoritatively, and can decide when obligations of the Divine Law, that depend upon an act of the human will, cease (see 315-316).

(b) The Church can determine those things that were left undetermined in the Divine Law. Examples: The manner in which the Lord’s Day is to be sanctified, the times and frequency with which the Divine law of Communion is to be fulfilled, the way in which the obligation of fasting is to be complied with, etc.

(c) The Church can make laws in matters that were left free by our Lord whenever this will promote the better observance of His law (e.g., many church laws for the clergy and religious, for the conduct of worship, for administration, etc.).

~~426. The acts that may be commanded by the Church are of various kinds.~~

(a) The Church may command acts that are purely external (e.g., fasting) and acts that are partly external and partly internal, that is, those external acts to which, from the nature of things or from law, a special moral act of the intellect or will must be joined (e.g., a true oath, a worthy confession or Communion).

(b) The Church may command acts that are purely internal, that is, acts of the intellect or will that are not necessarily connected with any external act (such as meditation, the intention in applying Mass, ctc.), whenever she is explaining, applying, or determining the Divine Law, or acting in virtue of the power of Christ. Examples: The Pope may define a dogma to be accepted internally. A confessor may impose as penance a pious meditation. The Church prescribes the days when pastors must intend to offer Mass for their people. A religious superior may command a spiritual retreat.

(c) It is more probable that, apart from instances such as those just given, the Church cannot legislate regarding acts that are purely internal. For unlike the divine Legislator, who sees the internal acts of the soul and who can pass judgment on them, the Church cannot read the heart or judge the conscience. Hence, it would appear useless for the Church to give commandments about acts that elude her knowledge, all the more so since the Divine Law has given commands and prohibitions regarding internal acts and no one can escape the judgment of God.

~~427. Those Bound by General Laws.—The general laws of the Church oblige all and only such persons as are at once subjects of the Church and capable of receiving a law (Canon 12).~~

(a) By Baptism one becomes a member of the Church, and hence it is the baptized who are subject to ecclesiastical laws; (b) by her laws, the Church commands only human and deliberate acts or omissions, and hence it is only those who can reason that are subject to those laws. (c) Moreover, unless the law expressly rules otherwise, those who, although they have attained the use of reason, have not yet completed their seventh year are not bound by purely ecclesiastical law. Specific exceptions are stated in the law. Thus: (1) Canons 854, Sec.2, and 940, Sec.1, regarding the reception of the sacraments in danger of death, Canon 859, Sec.1, stating the precepts of Easter Communion, and Canon 906, containing the precepts of annual confession, declare that the law in these matters is binding on persons having the use of reason, regardless of the actual completion of the seventh year, The law of fasting in Canon 1254, Sec.2 binds after the completion of the twenty-first year. (2) Canon 1099 explicitly exempts non-Catholics, in their own marriages, from the ecclesiastical form of marriage; also Canon 1070 exempts them from the impediment of disparity of cult. (3) The habitually insane are considered as infants under seven (Canon 88, Sec.3). Accordingly, although they are bound by the Divine Law during lucid moments, they are not usually bound by purely ecclesiastical laws during this period.

428. By the unbaptized are here understood, not only those who have never received Baptism (such as infidels, pagans, Mohammedans, Jews, catechumens), but also those who were baptized invalidly. The divine law of receiving Baptism and entering the Church applies to these persons, but, as long as they are unbaptized, they are not subjects of the Church. Thus: (a) directly they are not obliged by any ecclesiastical law, and hence it is not sinful in itself to ask them to do what is forbidden by such laws (e.g., work on a holyday); (b) indirectly they become subject to ecclesiastical law when they enter into law-governed relations with the baptized who are subject to church law. Example: An unbaptized person who marries a Catholic is married invalidly, unless the law on dispensation has been observed.

429. Baptized non-Catholics include heretics and schismatics. Thus: (a) objectively, these persons are obliged by ecclesiastical laws, unless they are excepted by the law itself, and hence it is not lawful directly to induce them to transgress a Church law (e.g., to eat meat on Friday); (b) subjectively, they are generally excused from formal sin in the non-observance of Church laws, and it is not a sin to co-operate materially in such non-observance (e.g., by giving meat on Friday to a Protestant in good faith who requests it or wishes it).

430. It is held that the Church is more lenient as regards those baptized as non-Catholics, that is, those who were born and brought up in some non-Catholic sect. Thus: (a) laws that have for their object the sanctification of the individual (such as fasting and abstinence, Sunday Mass, etc.), are not insisted on for them, since this would hurt rather than help their spiritual interests; (b) laws that have for their object the protection of the public welfare (such as the laws regarding mixed marriage), apply also to baptized non-Catholics.

Other authors do not admit this distinction and hold that these non-Catholics are bound by the laws of the Church, since Canon 87 expressly states: By Baptism man is constituted a person in the Church of Christ with all the rights and duties of Christians.

~~Apostates and excommunicated persons are certainly bound by all ecclesiastical laws.~~

431. Oriental Catholics are not bound by pontifical laws (Canon 1) except in the following cases: (a) when the matter is dogmatic; (b) when the law implicitly extends to them, since it contains a declaration of natural or divine law; (c) when the law is explicitly extended to them. An example of (a) is Canon 218; of (b) Canon 228,2; of (c) Canons 622, Sec.4 and 1099, Sec.1, 3.

432. It is a general rule that all persons baptized, as just explained, are subject to ecclesiastical laws, if they are habitually able to reason; but that they are not subject to those laws, if they are not habitually able to reason.

First Rule.—Persons habitually able to reason are all those who in their normal state are able to understand the difference between right and wrong, that is, the majority of those who have completed seven years of age. Such persons are subject to ecclesiastical laws, even when actually they are unable to reason on account of temporary intoxication, delirium, derangement, unconsciousness, etc. Hence, one who would offer meat on Friday to a person momentarily unbalanced on the plea that his condition excused him from the law, would do wrong; for the state of passing irresponsibility excuses from formal sin (see 249), but not from the law.

Second Rule.—Persons habitually unable to reason are all those who have not yet learned the difference between right and wrong (e.g., infants and idiots), or who have permanently lost all knowledge of right and wrong (e.g., the hopelessly insane). These persons are not bound by ecclesiastical laws, at least not by those that are directive. Hence, in itself it is not wrong to give meat on days of abstinence to such persons, even when they are Catholics.

~~433. Exceptions to the first rule just given are as follows:~~

(a) According to Canon Law, the age of reason comes legally when one has completed seven years (Canon 12). If a boy or girl is able to reason before that age, he or she is not obliged by laws that are purely ecclesiastical, although it is advisable that parents accustom their children to the hearing of Mass, to abstinence, etc., as soon as this can be conveniently done. If a child has passed the seventh year and does not appear able to reason, he is not bound by ecclesiastical laws.

(b) According to Canon Law, the age of puberty is fixed for males at the completion of fourteen years of age, for females at the completion of twelve years of age (Canon 88, Sec.2). These who have not attained this age are excused from all penal laws, unless a law expressly states the contrary; for on account of the want of mature judgment they deserve leniency (Canon 2230).

(c) The age of majority in Canon (as in Civil) Law is reached when one has completed twenty-one years (Canon 88, Sec.1). Minors in the exercise of rights are subject to the power of parents or guardians, except where the contrary is declared by the law, as is the case for the reception of the Sacraments and the choice of a religious life (Canon 89). They are not obliged by the law of fast (Canon 1254, Sec.2).

434. There are some exceptions to the second rule given in 432. Thus, those laws of the Church that grant favors or that invalidate acts can apply even to those who are habitually unable to reason (such as infants and the perpetually demented); for laws of this kind are not directive of the acts of subjects.

435. Those Bound by Particular Laws.—The particular laws of the Church oblige all those who are subject to her general laws, and who become subject to the laws of a locality by reason of domicile or personal presence (Canon 13, Sec.2).

436. There are two kinds of domicile. (a) A true domicile or home is acquired in a place in two ways: immediately, when one takes up one’s abode there, with the intention of remaining permanently or indefinitely; finally, after ten years, when one has lived there so long, even though there was no intention of remaining permanently (Canon 92, Sec.1). (b) A quasi-domicile or residence is acquired in a place in two ways: immediately, when one takes up one’s abode there with the intention of remaining there for at least the greater part of the year; finally, after the greater part of the year, when one has lived there so long (Canon 92, Sec.2).

437. With regard to abode, four classes of persons are distinguished in Canon Law (Canon 91): (a) an inhabitant, who is one that has a domicile in a place and is present there; (b) a resident, who is one that has a quasi-domicile in a place and is present there; (c) a stranger, who is one that is outside the places of his domicile and quasi-domicile; (d) a _vagus_ or homeless person, who is one that has no domicile or quasi-domicile anywhere.

438. The rules as regards those who are not strangers are: (a) inhabitants and residents are subject to the diocesan, provincial, and other particular laws of their territory (Canon 13, Sec. 2); (b) the homeless are subject to the local laws of the territory where they are present (Canon 14, Sec. 2).

439. The rules for strangers with reference to general laws (Canon 14, Sec. 1, n. 3) are; (a) a stranger is obliged to follow these laws, if they are observed in the place where he is, even though they are not in force in the place of his domicile or quasi-domicile; (b) a stranger is not obliged to observe general laws, if they are not in force where he is, even though they are in force in the place of his domicile or quasi-domicile. Thus, the general law of abstinence on Friday does not oblige one who is travelling in a place where the law has been suspended, even though he would be obliged by it at home. The traveller would do better, however, to keep to the practice of his home.

440. The rules for strangers with regard to the particular laws of their own domicile or quasi-domicile (Canon 14, Sec. 1, n. 1) are; (a) they are obliged in two cases—first, when those laws are not territorial but personal and obligatory on them everywhere (as is the case with the statutes of religious superiors), and secondly, when the violation of a territorial law would be harmful in its own territory (as when by fiction of law one must be considered as present on account of the law of residence); (b) they are not obliged in other cases. Thus, if one is travelling on a feast-day that is a diocesan holyday in one’s home diocese, but not in the diocese where one is, one is not obliged to hear Mass.

441. The following are the rules for strangers with regard to the particular laws of the place where they are: (a) they are obliged in two cases—first, when natural law itself requires that a territorial law be observed by all, and secondly, when the Church includes strangers among those who are subject to a territorial law; (b) they are not obliged in other cases. Thus, if a person is travelling on a feast-day that is observed as a holyday of obligation both in his home diocese and in the diocese where he is, but not as a general holyday of the Church, he is not obliged to hear Mass; for the law of his home diocese does not bind him, since he is out of its territory, and the law of the diocese where he is does not bind him, since he is not a subject of that law.

~~442. The natural law requires that strangers should conform themselves to local laws in the following cases:~~

(a) when non-observance would be a cause of scandal, which the natural law commands one to avoid. In this sense we understand the rule of St. Ambrose: “When you are at Rome, do as the Romans do.” Hence, if a stranger would cause real scandal by eating meat on a local day of abstinence, he would be obliged to abstain from it;

(b) when a local law deals with the solemnities required for validity of contracts (Canon 14, Sec. 1, n. 2). If strangers were not obliged by laws of this kind, they could take advantage of the inhabitants, a thing that is contrary to natural justice. Thus, “the place rules the act”;

(c) when the local law has for its object the maintenance of public order (Canon 14, Sec. 1, 11. 2); for the natural law demands that public safety be guarded. Hence, a stranger who commits a crime is subject to the penalties of the local law (Canon 1566).

443. Examples of territorial laws that oblige even strangers according to the precept of the Church are the laws that require all, even strangers, to follow the Calendar of the Church where they celebrate Mass, and to say the _collectae imperatae_ prescribed by the bishop of the local diocese.

444. The rules given for strangers can be applied also to those who are in places exempt from local jurisdiction (e.g., in the monasteries of exempt regulars). The exempt are those who by fiction of law are held to be outside the territory of every diocese, and are subject, not to the local bishop, but directly to the Pope (Canon 515).

445. There are various cases, however, in which exempt religious are subject to the territorial laws of the diocese where they are. Thus: (a) when they accept parishes in a diocese, they are subject to the Ordinary in those matters that pertain to the parishes; (b) when the common good or the avoidance of scandal requires it, they should conform to a diocesan law.

~~446. Those who have a personal privilege can use it anywhere, for a personal privilege, like a personal precept, follows the person, not the territory.~~

447. Promulgation.—Church laws are promulgated as follows: (a) the laws of the Holy See are promulgated by publication in the official periodical, _Acta Apostolicae Sedis_. They become effective three months from the date of publication, unless from the nature of the case they oblige at once, or it is otherwise provided in the law itself (Canon 9); (b) the laws of a bishop are promulgated in the manner he decides, generally by publication in the official periodical of the diocese. They become effective as soon as published, unless it is otherwise provided in the law itself (Canon 335, Sec. 2).

448. When a law has been promulgated and become known, if it begins to be observed, it is said to be accepted; if it is not observed, it is said to be not accepted. This acceptance is not essential to law. Hence: (a) the observance of a law by the people is not necessary for the obligatory force of the law, for otherwise the lawgiver would be without real authority; (b) the approval of ecclesiastical laws by the State is not necessary for their validity, since Church and State are distinct and independent societies within the proper sphere of each.

449. A law that has been promulgated may fail to obtain force in the following ways: (a) through contrary custom, already existing and not excluded by the law, or then arising to abrogate the law (see 391 Sqq.); (b) through appeal entered with the lawgiver. Thus, if a bishop deems a law of the Pope unsuited to his diocese, he explains the reasons to the Holy See, and pending the answer it is considered that the lawgiver does not wish the law to oblige.

450. Irritant Laws. Laws Based on Presumption.—There are two classes of human laws that deserve particular mention on account of special difficulties regarding them: (a) irritant laws, which would seem to be unjust, since they declare null what according to natural law would be valid; (b) laws based on presumption, which would seem to be of uncertain force, since presumptions are often contrary to fact.

451. An irritant or inhabilitating law is one that expressly or equivalently declares that certain defects make an act void or voidable, or a person incapable. Such laws are just, even when made by human authority, since it is the common good that makes them necessary, and the natural law itself requires that the common good be promoted.

~~452. Irritant laws are of various kinds.~~

(a) They are morally or juridically irritant, according as that which is taken from the irritated act is either the natural value it has in conscience, or the positive value it derives from the law. Hence, an act may be legally null (i.e., have no value that the law recognizes or protects) and at the same time morally valid (i.e., of just as much force in conscience as though no irritant law existed).

(b) Irritant laws are merely irritant or irritant and prohibitive, according as they make an act invalid but not illicit, or both invalid and illicit. Thus, a law that requires certain formalities for making a will invalidates the act of writing an informal will, but does not make it an offense; but the church law of diriment impediments makes a marriage contracted with one of these impediments both null and sinful.

(c) Irritant laws are merely irritant or irritant and penal, according as the legislator does not or does intend them as punishments. For example, the law of clandestinity is merely irritant; the law regarding the impediment of crime is probably both irritant and penal.

453. Laws that are merely irritant do not oblige one in conscience to omit the act, but only to suffer the effect of irritation; but laws that are both irritant and prohibitive oblige one in conscience to omit the act. Example: In itself, it is not unlawful to make an informal will, but it is unlawful to marry with a diriment impediment.

~~454. As to the time when irritant laws obtain their effect, the following points are important.~~

(a) Ecclesiastical voiding laws oblige at once in conscience, although like other laws of the Church they are not retroactive, unless the contrary is provided, and they do not oblige in case of a doubt concerning the law. Example: If espousals are made without the canonical formalities, there is no duty to live up to them as such, either in conscience or before the law.

(b) Civil voiding laws are generally only civilly irritant, for as a rule external means are sufficient for the purpose of those laws; thus, they produce civil irritation at once, but moral irritation only after pronouncement by the courts. Hence, after a judicial sentence the voided act becomes such morally, since the decision is founded on a presumption of common danger (see below, 459). Examples: One who has received money through a will which he knows to be informal (i.e., legally invalid), may retain possession until the civil authority declares that he has no rights to the money. But, on the other hand, one who has been disinherited through a will naturally good, but not made in due form, has the right to contest, if we except the case of pious bequests (see Vol. II).

455. Laws that make an act voidable or rescindable do not irritate before declaration of nullity by a judge. Hence, an act that is rescindable according to law retains its natural force until the court has decided against it. Example: Acts that were done under the influence of grave and unjust fear, or that were induced through deception, are held as valid until declared null by a judge.

456. As to the effects of ignorance on acts irritated by law, the Code states that ignorance of irritating (invalidating) and inhabilitating (disqualifying) laws does not excuse from their observance, unless the law expressly states otherwise (Canon 16, Sec. 1). Moralists discuss the influence of ignorance (as well as force or fear) on such acts as follows: (a) if the law is irritant and not penal, it has its effect, in spite of ignorance, oversight, etc.; for this the common good requires. Example: One who marries his cousin in good faith, being invincibly ignorant that it is against the law, contracts invalidly; (b) if the law is irritant and penal, the irritation being decreed solely as a punishment, ignorance, oversight, etc., sufficient to excuse from fault, excuse also from the penalty of irritation; for penalty presupposes fault. Before the law, however, ignorance and error as to law or penalties are not presumed but must be proved. (Nevertheless, it must be noted that according to some authors no penalty is necessarily or primarily intended in ecclesiastical irritating and inhabilitating laws. Though punishment actually results from the matrimonial impediment of crime, for example, the impediment as such primarily is a personal disqualification intended to protect the dignity of the sacrament and good morals. Ignorance, then, does not excuse from it. Some authors maintain that this is true of all ecclesiastical disqualifying laws.)

457. Generally speaking, _epieikeia_ may not be used in the interpretation of irritating and inhabilitating laws. Since they transcend the individual welfare, they demand uniform observance of all subject to them. Some authors permit the use of _epieikeia_, however, in particular cases in which the law itself aims to protect the individual, whereas its observance would tend rather to harm the individual or at times even the interests of the community. Accordingly, it seems probable that an irritant law may cease in case of impossibility or of a most grave inconvenience that is common. Example: If in a pagan country Christians were so few that they could marry only infidels, and if distance or other circumstances made it impossible to seek a dispensation, the diriment impediment of disparity of worship would seem to cease for those Christians.

458. Some authors hold that an irritant law may also cease on account of impossibility, or of a most grave inconvenience that is only private; but this opinion cannot be deemed certain. An example of private inconvenience is the case of an invalidly married person who is near to death and unable to seek the dispensation from the impediment that has made the marriage null.

459. A law based on presumption is one in which the lawgiver rules for certain cases according to what experience shows in their regard—viz., that such cases are generally dangerous, or indicative of a particular fact. These laws are not of uncertain force, for the cases in which they cease to oblige are few and definite.

460. When a law is based on a presumption of common danger and that danger does not exist in a particular instance, the law nevertheless obliges (Canon 21); for the end of the law is the common good, and if it ceased for an individual whenever its presumption of danger was not true in his case, everyone could persuade himself that the law did not apply to him, and thus the common good would be defeated. Examples: The law against the reading of irreligious books is based on the presumption of common danger of sin, the law against clandestine marriages on the presumption of common danger of fraud; hence, they oblige even in the particular instances where these dangers are absent. Examples of laws based on the presumption of common danger can be found in Canons 199; 409, Sec. 1; 420; 422; 1022; 1028; 1114; 1116; 1138; 1396; 1398.

461. When a law is based on the presumption of a particular fact that usually happens in the cases with which the law is concerned, and the fact in an individual instance did not happen, does the law oblige?

(a) In conscience the law does not oblige of itself, because presumptions must yield to the truth; but it may oblige accidentally, if non-observance would cause great public or private harm. Example: The law presumes that a person born and brought up among Catholics has been baptized, and is therefore subject to the church laws. But if, in fact, the person was never baptized, he is not subject to those laws, as long as he remains unbaptized, unless there be some accidental necessity of keeping them, such as the danger of scandal.

(b) Before the public authority the law in question does oblige until the non-existence of the fact presumed by the law has been proved in the manner required by law. Example: When parties contract marriage according to the form prescribed by the Church, the presumption is that the contract was valid, and, as long as that presumption is not overcome, the Church will not sanction a new marriage by either of the parties. But if it can be proved in court that threats or violence produced lack of consent, the obligation not to contract a new marriage will terminate before the law.

462. Fulfillment of Law.—With reference to the manner of fulfilling a law there are a number of questions to be considered: (a) as to the external acts, whether or not one can fulfill the law for another, whether or not the omission of some slight detail renders compliance insufficient, whether or not he who cannot fulfill the whole law is bound to fulfill a part of it, whether or not several obligations can be satisfied at the same time or by the same act, etc.; (b) as to the internal acts, whether or not one must have the intention of meeting the wishes of the lawgiver, whether or not one must be in the state of grace, etc.

463. Personal fulfillment is not always necessary; for an affirmative law requires either that some thing be given, or that some personal act be performed. (a) When the law requires that some thing be given (e.g., that taxes be paid), the obligation can be satisfied through another, since a thing can be transferred from one person to another, who agrees at least interpretatively; (b) when the law requires that a personal act be performed (e.g., that Mass be heard on Sunday), the obligation cannot be satisfied through another, for actions cannot be transferred from one to another.

~~464. Minute fulfillment is not always necessary; for sometimes the minor details of the fulfillment of a law are expressly prescribed, sometimes they are not.~~

(a) If these details are required by the law itself or by the nature of the case, the law is not satisfied if they are neglected. Example: Friday abstinence ends exactly at midnight, and hence to eat meat even one minute before midnight is to break that abstinence.

(b) If the law does not prescribe minute details, these are not required for the fulfillment of the obligation; for laws should not be unduly burdensome. Example: One who is a few minutes late for Mass does not miss Mass, if he is present for the essential parts of the Mass.

465. Partial fulfillment is required of him who cannot make complete fulfillment, only when the part is commanded for its own sake; for that which is commanded by a law is considered by the lawgiver as either an indivisible unit, or as a whole composed of parts that have singly an independent moral value and obligation.

(a) If the thing commanded is morally an indivisible unit (e.g., a pilgrimage to a shrine), he who is not able to fulfill the whole law is bound to nothing. Example: One who has made a vow to go on pilgrimage to a distant sanctuary, is not bound to go part of the way, if he is unable to make the entire journey.

(b) If the thing commanded has parts that contribute to the end of the law, he who is able to fulfill only one or more such parts is obliged according to his ability; if it is certain that he can perform even a part, he is bound to that; if it is not certain that he can perform even a part, it would seem that generally he is excused from all. Examples: A cleric who can say some but not all the Hours of his Office, is obliged to say what he can. A person who can certainly abstain, but who cannot fast, is bound during Lent to abstain.

466. Simultaneous fulfillment by one act of several obligations is lawful, if the obligations differ only materially. They are said to differ only materially, if the motive of the legislator in giving different commands about the same thing is the same in each instance; they differ formally, if the legislator has a different motive in each instance. The motive is recognized either from the express declaration of the lawgiver, or from interpretation given through authority or custom.

(a) When two commands differ only materially, it can be presumed that the legislator is not unwilling that they be fulfilled by one and the same act, unless it is clear that he wishes them to be fulfilled by distinct acts. Example: If one falls sick at Easter time and receives the Viaticum, it is not necessary for him to receive Communion again in order to make his Easter duty; for the divine law of Viaticum and the church law of Easter Communion have the same motive, and hence can be fulfilled by one and the same Communion.

(b) When two commands differ formally, it can be presumed, unless the opposite is manifest, that the legislator wishes them to be complied with by distinct acts. Example: If a confessor imposes a fast as a penance, this penance cannot be performed on a fast day; for the motive of the law of fast is general, that of the sacramental penance is particular.

467. Simultaneous fulfillment by several acts of several obligations is sometimes possible, sometimes impossible. For the acts prescribed by different laws are either capable or incapable of being done at the same time. Thus, it is possible to hear a Mass and to say a penance of some Hail Marys at the same time. But it does not seem easy for an ordinary person to give attention to four or more Masses at the same time.

(a) If the acts do not impede one another and the legislator is not unwilling, several laws can be fulfilled at the same time. Example: If two Masses are being said on adjoining altars, one can hear both—the one to satisfy the Sunday obligation, the other to perform a penance received.

(b) If the acts impede one another, or if the legislator wishes his laws to be fulfilled at distinct times, the different obligations cannot be satisfied simultaneously. Examples: If a distracted person has received a penance to hear six Masses, he cannot hear them all at once, on account of the division of attention necessary. If the confessor told a person to hear Mass “three times,” the latter cannot satisfy by hearing three Masses at one time.

~~468. When a law prescribes not only what is to be done, but when it is to be done, the time must be observed. But the obligation does not always cease with the expiration of the time.~~

(a) If the time set by the law is a limit beyond which the obligation ceases, he who has not complied within that time has no further obligation. Examples: He who did not fast on Christmas Eve, would not be obliged to fast on Christmas Day. He who did not hear Mass on Sunday, would not be obliged to hear Mass on Monday.

(b) If the time set by the law is not a limit to terminate the obligation, but a date fixed in order to insist on the obligation, he who has not complied within the prescribed period, is nevertheless still obliged. Examples: He who has not made the Easter duty by Trinity Sunday, is obliged to receive Communion after Trinity. He who has not paid a debt on the day required by law, is bound to pay it after that day.

469. It depends on the intention of the lawgiver whether the time he prescribes for fulfillment is a limitation of the obligation or not. The intention of the lawgiver is known either from the words or purpose of the law, or from custom.

470. If the law declares that some duty must be performed within a determined period, allowing freedom for earlier or later performance within the period, the following points must be considered. (a) A person is not obliged to comply early, if he intends to comply before the period has ended. (b) He is obliged to comply early, if he foresees that later he will not be able to do what is required. Examples: If a person who has not made his Easter duty has the opportunity to receive Communion on Easter Sunday, and will not have another such opportunity till Christmas, he is obliged to receive on Easter Sunday. But, if he can communicate any Sunday during the Paschal time, he is not bound to do so on one of the early Sundays. If one can hear an early Mass, but not another Mass, on a holyday, one must hear the early Mass.

471. Just as one may not delay fulfillment until after the time set by law, so neither may one anticipate fulfillment before the time determined, unless the law may be considered to allow this. Examples: If a person has heard Mass on Saturday, he has no right to make this count for the following day. A rosary said before confession cannot be considered as performance of the penance, if in confession one is given the rosary to say.

472. It is held that a cleric who said the Breviary in the morning, just before he was ordained subdeacon and undertook the obligation of the Office, satisfied by that anticipated recitation; likewise, that a traveller who heard Mass in a place where a holyday of obligation of the general law was not in force, has satisfied by anticipation, if later in the morning he reaches as his destination a place where the holyday is observed. For in both these cases the law intends that the Office be said, or the Mass be heard within the day.

473. If a person who is now able to do what the law requires, foresees that he will not be able to do this when the time set by the law arrives, he is not obliged to anticipate fulfillment, even when he has the privilege of anticipation. Examples: A cleric who at 2 p.m. is able to anticipate Matins for tomorrow, and who knows that later, on account of an operation, he will not be able to say his Office, is not bound to anticipate; for no one is obliged to use a privilege. A person who is able to hear Mass on Saturday, and who knows that all of Sunday must be spent on the train, is not obliged to hear Mass on Saturday, though of course this is the better thing to do.

~~474. The internal acts concerned in the fulfillment of a law are: (a) those in the intellect, such as knowledge; (b) those in the will, such as consent, motive.~~

~~475. Knowledge of what one is doing is sometimes necessary, sometimes unnecessary for the fulfillment of a law.~~

(a) If the law is prohibitive, knowledge is not necessary, since nothing more is required by the law than the omission of what is forbidden. Example: He who ate no meat on a day of abstinence has fulfilled the law, even though he was unconscious all day.

(b) If the law is preceptive of a payment to be made, knowledge is not necessary, since the law requires nothing more than the effect of an external act. Example: He who pays his taxes while intoxicated fulfills his obligation, even though he does not know what he is doing.

(c) If the law is preceptive of an act to be performed, knowledge is required, for it is supposed that the act will be exercised in a human manner. Example: He who sleeps all during Mass on Sunday does not fulfill his duty, for the law intends that one assist at Mass in a human way (i.e., with consciousness of what is being done).

~~476. Fulfillment of a law is not morally good and meritorious, unless it is voluntary (see 97 sqq.); but the legal obligation is sometimes satisfied even by an unwilling fulfillment.~~

(a) When the law commands a payment to be made, one may will the contrary of what is commanded and yet fulfill one’s obligation. Example: He who pays his taxes unwillingly and under compulsion satisfies the law, which requires not an act, but its effect.

(b) When the law forbids something, it is possible that one does not will the omission commanded and yet fulfills one’s obligation. Example: He who intends to eat meat on a day of abstinence which he thinks is a meat day, but, being unable to find what he wants, omits the meat, satisfies the law, which requires only that one omit what is forbidden and have no will to violate the law.

(c) When the law commands that an act be performed, one must perform the act willingly, since the law being for humans intends that fulfillment be made in a human manner. Examples: He who is dragged to church and forcibly detained there during Mass, does not satisfy the law of sanctifying the Sunday, since force makes his assistance at Mass involuntary (see 52). A child that goes to church only to escape punishment satisfies its duty, if, in spite of reluctance, it really intends to hear Mass, for fear does not necessarily make an act involuntary (see 41 sqq.).

477. As to the intention required in fulfilling a law, it is to be noted that one must have, at least implicitly, the intention of doing what the law prescribes, in the case given in the third section (c) of the preceding paragraph. Example: He who goes to church on Sunday while Mass is being said with no other purpose than that of hearing the music or of waiting for a friend, does not satisfy the Sunday duty, since he does not at all intend to hear Mass.

~~478. The following kinds of intention, though to be recommended, are not necessary for the fulfillment of a law.~~

(a) It is not necessary, as a rule, that one intend to satisfy one’s obligation, for human lawgivers have not generally the power or the intention to command acts that are purely internal (see 374, 426). Examples: He who hears Mass on a holyday not intending to perform his duty, as he does not know that it is a holyday, has satisfied the law. He who says the rosary out of devotion and then remembers that he has an obligation of saying it because of a promise made or of a penance received, can regard the rosary said as a fulfillment of his obligation.

(b) It is not necessary that one intend that which the lawgiver had in mind as the purpose of the law; for “the end of the law is not a part of the law.” Example: A person who takes only one full meal during Lent, observes the letter of the law; but he misses its spirit if he eats or drinks greedily, daintily or copiously, in order to avoid the mortification intended by the law.

479. If one intends to perform what a law prescribes, but at the same time expressly intends not to satisfy, by that performance, the obligation imposed, one’s act is sufficient or insufficient for fulfillment according to the source from which the obligation arises.

(a) If the obligation arises from the will of the lawgiver, the act is a sufficient fulfillment, since the human lawgiver, as said in the previous paragraph, does not concern himself with what is purely internal. Example: If a person hears Mass on Sunday out of devotion, intending to hear another Mass in satisfaction of the Sunday duty, he is not bound to hear a second Mass, as he has already done all that the law requires.

(b) If the obligation arises from one’s own will, as in the case of a promise or a vow, the act above described is not sufficient fulfillment; for, as the obligation arose from the will, so also the mode of fulfillment is to be determined by the will. Example: One who has vowed to hear Mass, and who now while hearing Mass expressly determines that not this but another Mass will be in satisfaction of his vow, is bound by his vow to hear another Mass.

480. As to virtuous dispositions in fulfilling a law, it is to be observed that, while a good lawgiver always wishes them, he does not always require them as a duty of obedience. The virtuous dispositions referred to are of two kinds: (a) habitual, that is, the permanent spiritual condition of the soul, such as the state of grace, the habit of charity, etc.; (b) actual, that is, the good manner in which the commanded act is done, such as devout attention in hearing Mass, heartfelt contrition in making confession, freedom from vain-glory in fasting, etc.

~~481. Virtuous dispositions are or are not commanded according as that which is prescribed is or is not a mixed, or a purely external act (see above, 426).~~

(a) When a mixed act is commanded by law, the virtuous disposition that the nature of the case calls for, but nothing further, is strictly prescribed. Hence, the law of Easter Communion requires that Communion be received in the state of grace, the law of yearly confession that the penitent be truly contrite, the law of Sunday Mass that there be sufficient attention to the Mass; but more perfect dispositions (such as freedom from venial sin in the communicant, perfect contrition in the penitent, the state of grace in him who hears Mass) are not required for the fulfillment of the laws we are considering.

(b) When a purely external thing is commanded, the law does not require internal dispositions, and hence one who performs what is required is not obliged to repeat it on account of the imperfect way he obeyed. Example: He who fasts while he is not in the state of grace is not obliged to fast again to make good what was lacking in his previous disposition.

482. Of course, what was said in the preceding paragraph has to do only with single laws, and with what is strictly needed for the fulfillment of the law. Hence: (a) he who sins because of the way in which he fulfills one law, violates another law (e.g., one who is willingly, though not entirely, distracted at Mass, obeys the church law of assistance at Mass on Sunday, but he disobeys the divine law that he worship God devoutly);

~~(b) he who has less devotion in obeying a law than he might have had, does not deserve reprehension as a transgressor, but his conduct is less praiseworthy.~~

~~483. Interpretation.—The meaning of interpretation and its various species were explained above in 315 sqq.~~

~~484. As to the force of interpretation of church laws, the following points must be noted:~~

(a) Authentic interpretation given in the form of law has the force of law; if it is merely declarative of words of the law certain in themselves, it does not need promulgation and is retroactive; if it is supplementary, it needs promulgation and is not retroactive, since it is a new law (Canon 17, Sec. 2);

(b) Authentic interpretation given in the form of judicial sentence or of rescript in a particular matter has not the force of law; and it obliges only the persons and affects only the things concerned (Canon 17, Sec. 3);

~~(c) Usual interpretation has the force of law when it is given through a legitimate custom (see above, 391 sqq.), for “custom is the best interpreter of law”;~~

(d) Doctrinal interpretation has not the force of law, since it does not proceed from the lawgiver. Its value depends on the reasons and the authority by which it is supported. When all the doctors agree, their interpretation is morally certain; when they disagree, the various interpretations have more or less probability.

485. Rules for Doctrinal Interpretation.—(a) The words must be understood in their proper sense according to text and context, unless this be impossible; if doubtful, they must be judged according to parallel places in the Code, the circumstances, reason of the law, and the mind of the lawgiver (Canon 18).

(b) Things that are burdensome should be understood in their most restricted sense (Canon 19), things that are favorable in their widest sense. Thus, the censure pronounced against simony is understood in the narrow sense of simony against the divine law; a privilege granted to the clergy is understood in the wide sense as given to all the clergy.

~~(c) Things that remain obscure should be understood in the sense that is least burdensome to subjects.~~

(d) A particular law derogates from a general law; but a general law does not derogate from a previous particular law, unless derogation is expressly mentioned in the general law; for the particular law is considered an exception to the general law (Canon 22).

486. Authentic interpretations of ecclesiastical laws are given by the legislator, his successor, or one delegated by either (Canon 17, Sec. 1). (a) The Pope is the authentic interpreter of all ecclesiastical laws. A special commission appointed by the Pope interprets the general law of the Code. (b) The bishop is the authentic interpreter of diocesan laws made by himself or by his predecessors.

487. Cessation of Obligation.—The ordinary ways in which a law ceases to be obligatory for an individual are: (a) on the part of the subject, that he ceases to be subject to the law (exemption), or is unable to observe it (excuse); (b) on the part of the lawgiver, that he removes the obligation for the individual (dispensation).

488. As to exemption from Church laws note: (a) he who ceases to be subject to the law (e.g., one who has received a privilege of exemption, or who has departed from the place where the law is in force), is of course not obliged by the law; (b) neither is he guilty of any fault if he brought about his freedom only just before the law became effective and with the sole purpose of being exempt; for the law does not oblige that one remain subject to it.

~~489. Excuses from the law are reduced to two, namely, ignorance and impossibility.~~

(a) Ignorance excuses from the guilt of non-observance, if it is inculpable (see 24 sqq.). The question now is whether or not and when it excuses from legal consequences, such as invalidity, penalty, reservation of sin, etc.

~~(b) Impossibility excuses from both obligation and guilt.~~

490. Ignorance of ecclesiastical law or of a penalty attached to the law has the following effects determined in the law: (a) No kind of ignorance excuses from irritating or inhabilitating laws, unless the contrary is expressly provided for in the law itself (Canon 16, Sec. 1). Thus a person who contracts marriage, while ignorant that he and the other person are first cousins, is invalidly married.

~~(b) Affected ignorance of ecclesiastical law or of the penalty alone does not excuse from any penalties _latae sententiae_ (Canon 2229, Sec.1).~~

Moral Theology / A Complete Course Based on St. Thomas Aquinas and the Best Modern Authorities

MORAL THEOLOGY
A Complete Course Based on St. Thomas Aquinas and the Best Modern Authorities

PREFACE

REVISOR’S NOTE

CONTENTS

MORAL THEOLOGY
A Complete Course

INTRODUCTION

PART I
GENERAL MORAL THEOLOGY

Question I
THE LAST END OF MAN AND THE MEANS TO THAT END

Art. 1: THE LAST END OF MAN

Art. 2: ACTS AS HUMAN

Art. 3: ACTS AS MORAL

Art. 4: ACTS AS MERITORIOUS

Art. 5: THE PASSIONS

Question II
GOOD AND BAD HABITS

Art. 1: HABITS IN GENERAL

Art. 2: GOOD HABITS OR VIRTUES

Art. 3: BAD HABITS OR VICES

Art. 1: LAW IN GENERAL

Art. 2: THE NATURAL LAW

Art. 3: THE POSITIVE DIVINE LAW

Art. 4: HUMAN LAW

Art. 5: ECCLESIASTICAL LAW

Moral Theology / A Complete Course Based on St. Thomas Aquinas and the Best Modern Authorities

MORAL THEOLOGYA Complete Course Based on St. Thomas Aquinas and the Best Modern Authorities

PREFACE

REVISOR’S NOTE

CONTENTS

MORAL THEOLOGYA Complete Course

INTRODUCTION

PART IGENERAL MORAL THEOLOGY

Question ITHE LAST END OF MAN AND THE MEANS TO THAT END

Art. 1: THE LAST END OF MAN

Art. 2: ACTS AS HUMAN

Art. 3: ACTS AS MORAL

Art. 4: ACTS AS MERITORIOUS

Art. 5: THE PASSIONS

Question IIGOOD AND BAD HABITS

Art. 1: HABITS IN GENERAL

Art. 2: GOOD HABITS OR VIRTUES

Art. 3: BAD HABITS OR VICES

Art. 1: LAW IN GENERAL

Art. 2: THE NATURAL LAW

Art. 3: THE POSITIVE DIVINE LAW

Art. 4: HUMAN LAW

Art. 5: ECCLESIASTICAL LAW

MORAL THEOLOGY
A Complete Course Based on St. Thomas Aquinas and the Best Modern Authorities

MORAL THEOLOGY
A Complete Course

PART I
GENERAL MORAL THEOLOGY

Question I
THE LAST END OF MAN AND THE MEANS TO THAT END

Question II
GOOD AND BAD HABITS