Moral Theology. Charles J. Callan
(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, § 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, § 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,