Moral Theology. Charles J. Callan
since the law about which there is uncertainty may be existent; but we are not obliged to avoid every danger of material sin, else we should be under the intolerable necessity of fulfilling not only all certain, but all uncertain duties. Moreover, the danger of material sin is not avoided by any moral system except Tutiorism, since even equiprobable and more probable opinions may be false.
(b) The enumeration of cases of doubtful law is sufficient; for, as just remarked, only those cases are being considered in which one is judging about one's duty in good faith.
724. The second proposition used above as the Minor of the argument for Probabilism—that "a law is uncertain whenever there is a solidly probable opinion against its existence or for its cessation"—is defended by the very definition of the term "uncertain."
A thing is said to be accepted as certain when one yields it firm assent and has no serious misgivings that it may be false; hence, the uncertain is that which is not assented to firmly (the doubtful), or that which does not exclude serious doubts about its truth (matter of opinion). Now, a law whose existence or obligation seems likely, but against which there militates a solidly probable argument, is not so firmly established as to inhibit every prudent doubt. In other words, such a law is uncertain.
725. Criticism of the Argument in the Preceding Paragraph.—(a) The supposition on which the argument rests is false. It supposes that the interpretation of the legal axiom that "a doubtful law does not oblige," should be drawn from the philosophical definition of the terms, whereas it should be drawn from the sense given it by other rules of law. Now, there are canonical rules which declare that in doubt one should follow that which has possession, or that which seems more probable. Hence, the axiom quoted by the Probabilists refers only to cases of negative doubt; the other two rules refer to cases of doubt in the wide sense, or to cases of opinion; otherwise, we should have to admit that these legal maxims are contradictory, one to the other. Thus, it appears that Probabilism is based on a principle formulated to solve difficulties of an entirely different kind from those which the system deals with.
(b) The argumentation itself is fallacious. It takes for granted that an opinion is certainly and solidly probable, not only when it has no opposite or when its opposite is less probable, but also when its opposite is equally or more probable. This cannot be. Solid probability on the other side of a question must create doubt about an opinion held, and so make it at best uncertainly probable or probably probable; while greater likelihood or presumption on the other side must make one's own opinion appear imprudent and unworthy of a rational being, and therefore not solidly probable.
726. The Probabilists answer: (a) The two principles with reference to doubtful law are understood and proved by Probabilism by an analysis of the notions of obligation and incertitude (see 285, 654), and hence they apply to every case that is restricted to the question of probable lawfulness or unlawfulness.
The rules quoted against Probabilism—there are some that might also be quoted against Probabiliorism and Equiprobabilism—are opposed to it only in appearance, since they deal with matters that are outside its sphere (see 697). Thus, in civil cases when both ownership and possession are doubtful, the decision must be given for the more probable side, since the issue is not what is lawful, but what seems to be true. As to the principle of possession, it is not, as supposed, unfavorable, but favorable to Probabilism; since liberty, inasmuch as it is presupposed by obligation (for only those who have freedom can receive obligation), has priority and must be given the benefit of the doubt, whenever a strictly probable reason in its favor cannot be refuted.
(b) Solid probability for the law creates doubt of the truth of the opinion for liberty, but it does not create doubt of its probability; for truth is the agreement of one's judgment with the facts, probability the appearance of such agreement on account of the arguments by which the judgment is supported. Hence, greater probability for law does not make uncertain the probability there is for liberty. Neither is it a sign of imprudence to accept the less probable, if one has sincerely and diligently sought the truth; for even the more probable may not be true, and the great majority of moralists hold that one is not obliged to follow it.
727. Criticism of the Pragmatic Test Offered by Probabilists.—Probabilism boasts of the ease with which it can be used (see 700, 720); but the ease with which it can be misused is greater still.
(a) Persons not inclined to piety must quickly fall into Laxism, if they make use of this system, for they will accustom themselves to find every sort of pretext to escape unwelcome duties by raising doubts and dignifying them with the name of probable opinions; they will follow, now one opinion, now its contrary, according as it suits their interests; they will become stubborn in their own views, and unwilling to change or accept instruction.
(b) Persons inclined to piety, if guided by Probabilist principles, will soon lose all interest in what is higher and better, and content themselves with the minimum; for in every case of uncertainty Probabilism permits one to choose what is less safe and less probable.
728. General Answer of the Probabilists to the Objections of the Preceding Paragraph.—(a) The history of Probabilism contradicts these objections. From its beginning to the present day it has been defended and followed by men noted for piety, who used kindness towards others, but were severe with themselves. While the principles of stricter systems have proved a torture both to confessors and penitents, no detriment to holiness is observed from the use of Probabilism.
(b) The nature of Probabilism refutes the objections in question. There is no system so good that it may not be perverted and turned to evil, and stricter systems have been converted into Tutiorism or Rigorism. But the logical and usual results of Probabilism are not a lowering of moral standards. If these evils follow it, they do so only when it is not rightly understood or not rightly applied.
729. The charges of a tendency to Laxism are thus answered:
(a) Probabilism holds that only learned theologians are judges of internal probability. Others must not decide for themselves, but must seek instruction from their spiritual guides who have competent knowledge. The moralists themselves must not be so wedded to their opinions that they are not always ready to change when they find they are wrong or learn that the Church does not admit their view.
(b) Probabilism permits one to use contrary probable opinions in different instances (e.g., to use for one will or testament the opinion that informality makes it invalid, and for another will the opinion that informality does not make it invalid); but it does not permit contrary opinions to be used in the same case for one's advantage (e.g., to use the opinion that an informal will is valid, in order to secure an inheritance, and at the same time to use the opinion that it is invalid, in order to escape the payment of legacies).
(c) Probabilism does not sanction the use of a probable opinion, unless it has been examined without prejudice, and has been honestly judged to be of certain and solid value (see 708 sqq.). Neither does it approve of the conduct of those who put themselves voluntarily in a state of doubt. On the contrary, it considers such conduct as sinful, and as gravely so, if the matter be serious and if this occur frequently. Example; Titus is uncertain whether three hours remain before Communion time, and yet he takes some refreshment, and thus makes it doubtful whether he has the right to receive Communion. The principle that a doubtful law does not oblige will enable Titus to receive Communion, but it does not excuse him from venial sin in putting himself without cause in a state of doubt and in danger of material sin.
730. The charge of a tendency to minimism in spiritual matters is thus answered: Probabilism deals only with what is lawful, not with what is better; it aims to show only what one may do without sin, not what one ought to do in order to become perfect. Hence, it is used when there is question of imposing obligations, or of deciding whether a certain course is lawful; for in these matters one must be kind, lest by exceeding one's authority one drive others to sin; but it is not used when there is question of giving spiritual advice and direction, for here all should be exhorted to seek after progress in holiness.
731. Compensationism.—Between 1850 and 1880 a number of theologians, feeling that there were serious difficulties against all the systems up to then considered, developed a reformed or restricted Probabilism, which would not be open to the criticisms