Moral Theology. Charles J. Callan
prove what is deduced from them, are well founded, and point so clearly the side to be taken when judgment is suspended between alternatives that they enable one to act with all the certitude that prudence demands. Example: The principle that "in doubt decision should be given in favor of the accused," is based on the fact that a man's right to his life and liberty is so certain that he does not forfeit that right unless it is proved convincingly that he is guilty.
653. Examples of uncertain and certain consciences are the following:
(a) Uncertain conscience: It is lawful to make a just contract (major premise certain); but this contract is just (minor premise a matter of doubt or opinion); therefore, this contract is lawful (conclusion a matter of doubt or opinion).
(b) Conscience directly certain: It is lawful to make a just contract (certain); but this contract is just (certain); therefore, I may make this contract (certain).
(c) Conscience indirectly certain: It is lawful to follow competent advice or a moral system approved by the Church (certain); but a competent spiritual adviser or an approved system of Moral Theology holds that this kind of contract is lawful (certain); therefore, it is lawful for me to make this contract (certain).
654. An Uncertain Conscience.—Uncertainty of conscience can be understood in two senses.
(a) Conscience is uncertain in a more strict sense, if the verdict of the moral judgment on a question of lawfulness or unlawfulness is that no decision can be given either way, either because there are no reasons of importance on either side (negative doubt), or because the opposing reasons balance so perfectly that it is impossible to choose between them (positive doubt). Examples: Titus, wishing to do some drawing on Sundays, asks himself whether drawing is servile work. Not knowing the definition of "servile," he can only reply to his doubt that he has no reasons either for affirmation or for negation. Caius reads moral authors on the same question, and the pros and cons seem to him so equally strong that he cannot pronounce for either side.
(b) Conscience is uncertain in a less strict sense, if the verdict of the moral judgment on a question of lawfulness or unlawfulness is that the mind inclines to one side more than the other, but cannot decide in its favor (suspicion), or that it decides for one side, while perceiving that the arguments for the contrary are not to be despised (opinion). Example: Titus decides to spend a good part of Sunday taking photographs. Caius argues that this is unlawful; Sempronius, that it is lawful. Titus thinks the arguments of both are strong, but is better pleased with those of Sempronius. If he feels he cannot act on either opinion, his state of mind is what we called suspicion; if he feels that the opinion of Sempronius has prevailed, his state of mind is one of opinion.
655. From what was said above concerning the certitude requisite for conscience (see 641 sqq.), it follows that: (a) when the state of mind is positive or negative doubt, one is not allowed to act; for a person who is ignorant of what he should do, or who is fluctuating between opposites, runs the risk of sin and its consequences, if he acts blindly; (b) when the state of mind is suspicion, one is not allowed to act, for conscience must be more than conjecture or inclination; (e) when the state of mind is opinion, one is or is not allowed to act, according as the opinion has or has not the qualities required for certitude that is moral and practical (as explained above in 643 sqq.).
656. Doubt and Suspicion.—The following are the duties of a person whose state of mind about his obligation is one of doubt or suspicion:
(a) If he has no time to resolve his hesitation but must decide at once, he should follow the rules given for a perplexed conscience (see above, 611 sqq.). Example; Sempronius is ordered by his father to go on an errand; by his mother, to remain at home. He does not know whom he should obey, but argues that there can be no harm in performing the errand, since he feels that he is forced anyway. Sempronius' impromptu decision proceeds from a sense of moral responsibility; it is good, and as certain as he is able to make it.
(b) If a person has time to resolve his hesitation, he should not trust to common sense, but should consult moral theology, if he is competent to understand and apply it, or should have recourse to his confessor, if he is not a theologian. The attention given to his problem should be proportionate to the gravity of the duty in question, its importance for third parties, etc. (see below, 667 Sqq.). Example: If a layman is uncertain whether a practice he follows in his business is dishonest, he should consult a priest; if the priest is uncertain, he should refer to his theology and study the matter until he is able to give a well-founded, morally certain judgment.
657. Reflex principles by the aid of which a negative doubt may be solved, when the question is about the existence or non-existence of some fact connected with obligation, are the following:
(a) If the fact at issue is one about which presumption may be had from general or personal experience, the doubt may be settled by the principle: "In uncertainty decide according to what usually happens." Examples: Titus is uncertain whether his boy of seven years has the use of reason and is bound to go to Mass. As a rule, children attain discretion at the age of seven; and hence Titus should take his boy to Mass. Fr. Caius is uncertain whether he has said Terce. His experience is that such uncertainties on his part have always been baseless in the past; hence, he may consider that he has said Terce as usual.
(b) If the fact at issue is one about which no presumption is afforded, either from general or personal experience, recourse may be had to the principle: "A fact should not be taken for granted, but must be proved." Examples: Sempronia doubts whether her practice of saying the Rosary daily was the result of a vow; but, as there is no proof or circumstantial evidence of a vow, it may be held that her practice originated in a resolution. Caius, a stranger, claims that Titus owes him for an unpaid debt of his father. Titus knows nothing of the alleged debt, and the only substantiation for its existence is the word of the stranger. Titus is not obliged to pay.
658. Presumption of a fact is of three kinds according to Weight:
(a) Violent presumption is based on indications so significant or numerous that it leaves only slight room for evasion. This kind of presumption suffices, but is not essential in solving doubts. Example: Caius has no direct proof or disproof that he paid Titus in a certain business transaction, because all the papers have been lost. But he remembers distinctly that he drew the money and went personally to the office of Titus on the day payment was to be made, and that the latter, up to the time of his death several months later, always acted as if full settlement had been made.
(b) Strong presumption is based on circumstances or signs so moving that they permit one to infer a fact as being their natural or usual accompaniment or result. This kind of presumption suffices in solving the doubts we are considering. Example: If Caius, spoken of above, has no individual recollection of any circumstances bearing on the payment of his debt to Titus, but knows that it was his invariable custom to pay all his debts promptly, the presumption that he paid this debt is strong.
(c) Light presumption occurs when the reasons are so slight, that they hardly ever suffice to permit us to infer a given fact from them. Example: If we suppose that Caius was dilatory in paying debts, and that he has no better indication of payment having been made than the fact that Titus gave him a cigar about the time of their business transaction, there is little presumption that the debt was paid.
659. Reflex principles that may be used to settle negative doubts about the quality of an act performed are the following:
(a) If there is an individual presumption, the quality of the act may be inferred from what usually happens. Example: Sempronius cannot remember whether a certain good work he undertook was prompted by zeal or ambition. But, as he usually tried to keep his motives pure, it may be concluded that the work in question proceeded from a right intention.
(b) If there is no individual presumption, the quality of an act may be settled from general presumptions or principles. When the act was according to law, and the doubt concerns its validity or sufficiency, one may take it that all was rightly done; for it usually happens that he who complies with the substance, also complies with what is accessory. Moreover, the welfare of the public and of individuals require that an act done outwardly according to law should be deemed as rightly performed unless the contrary can be proved. Hence the rules: "In doubt decide for the validity of