Moral Theology. Charles J. Callan
with error, but also argument in defense of error. Thus, books in favor of heresy, schism, suicide, duelling, divorce, Freemasonry, etc., are forbidden when they champion wrong causes by disputing in their behalf.
(c) Other works are forbidden, not because they state, but because they approve of error. Such are books that attack or ridicule the foundations of religion or the dogmas of faith, those that disparage worship, those that are subversive of discipline, those that defend proscribed propositions, those that teach and favor superstition, etc.
856. Books that deal with religion ex professo (i.e., of set purpose), or obiter (i.e., incidentally), are as follows: (a) Books that are ex professo religious are manuals of theology, works of sermons, treatises on the Bible, instructions on religious duties, works of piety, text-books of church history. Works of a profane character, such as scientific books, may also teach religion ex professo, but it is not easy as a rule to perceive the intention of teaching religion in works of this kind. (b) Books that deal with religion only obiter are works of a profane character, in which the subject of religion is introduced only briefly (e.g., by way of illustration).
857. Books dealing ex professo with religion and written by non-Catholics are: (a) forbidden, if they contain matter contrary to Catholic faith; (b) not forbidden, if it is clear to one (e.g., from a competent review) that they contain nothing contrary to Catholic faith.
858. How is one to know in a particular case whether a book falls under one of the foregoing classes forbidden by the Code? (a) If the Holy See has made a declaration, the matter is of course clear; (b) if no declaration has been made, and one is competent to judge for oneself, one may read as much as is necessary to decide whether the book is one of those proscribed by the Code; but if a person has not received the education that would fit him for judging, he should consult some person more skilled than himself, such as his parish priest or confessor.
859. Is it lawful to read newspapers, magazines, or reference works (such as encyclopedias), which contain some articles contrary to faith, and others that are good or indifferent, if these papers or books have not been condemned? (a) If the reading or consultation, on account of one's individual character, will subject one to grave temptations, then according to natural law it should be avoided. (b) If there is no serious danger or temptation, but the policy of the works or journals in question is anti-religious or anti-Catholic, as appears from the space given to hostile attack, their frequency or bitterness of spirit, then, according to the law of the Code just mentioned, one should avoid such reading matter. Examples of this kind of literature are papers devoted to atheistic or bolshevistic propaganda, anti-Catholic sheets, etc. (c) If there is no danger to the individual, and the editorial policy is not hostile, one may use such matter as is good and useful, while passing over any elaborate or systematic attack on truth or defense of error.
860. Individual books are forbidden by name to all Catholics by the Holy See and to their own subjects by Ordinaries and other local or particular councils (Canon 1395). Books condemned by the Apostolic See must be considered as forbidden everywhere and in whatsoever language they may be translated into (Canon 1396).
(a) If a book is forbidden, one may not read even the harmless parts of it, for there is the danger that, if one part is read, the other parts will also be read. But, if the part that occasioned the prohibition be removed, the prohibition ceases as regards the remainder of the book.
(b) If a work is forbidden, one may not read any volume, if all the volumes deal with the same subject. But, if the volumes treat of different subjects or of one subject that is divisible (e.g., universal history), one may read such volumes as do not contain the danger that occasioned the prohibition.
(c) If all the works of an author are condemned, the prohibition is understood to apply only to books (i.e., not to smaller works), and only to books dealing with religion, unless it appears that the other kinds of writings are also included; but the prohibition is to be presumed to include works that appear after the condemnation, unless the contrary is manifest.
861. Some outstanding works that have been condemned are the following: (a) In English: Decline and Fall of The Roman Empire (Gibbons); Myth, Ritual, and Religion (Andrew Lang); History of England (Goldsmith); The Roman Popes (Ranke); The Life and Pontificate of Leo X (Roscoe); Constitutional History of England (Hallam); Political Economy (Mill); Happiness in Hell (Mivart); History of English Literature (Taine); Reign of Charles V (Robertson); Zoonomia, or The Laws of Organic Life (Darwin).
(b) In French: Notre Dame de Paris (Hugo); Life of Jesus and eighteen other works of Renan; all the works of Anatole France; The Social Contract and four works of Rousseau; nearly all the works of Voltaire; The Gospel and the Church, Gospel Studies, The Fourth Gospel, Apropos of a Little Book, The Religion of Israel (Loisy); all the works of Jean Paul Sartre; La Deuxieme Sexe and Les Mandarins by Simone de Beauvoir.
862. What is meant by "use" of forbidden writings? (a) In the first place, those "use" a writing who read it—that is, who go over it with their eyes, understanding the meaning therein contained. Hence, a person does not violate the church law against forbidden books if he merely listens to another read; although he might sin against the natural law, and even against the church law, if he induced the other to read to him; neither does a person violate the church law, if he merely glances at the characters, without understanding the sense expressed. Example: Titus, a professor of theology, has permission to read forbidden books, and he sometimes reads to his class doctrinal passages from works on the Index in order to explain and refute errors. Balbus examines very carefully the pages of a beautifully printed copy of a forbidden work, but he understands hardly a word of it, since it is in a foreign language. Neither Titus' class nor Balbus are guilty of reading as forbidden by the Church, for strict interpretation is given to penal laws (see 485).
(b) In the second place, those "use" a forbidden writing who retain it—that is, who keep it in their home as belonging to themselves or borrowed from another, or who give it for safekeeping to another, even though they are not able to read it. Hence, a librarian who has forbidden books on his shelves does not break the law, since the books are not his property, nor are they kept in his home. A bookbinder also who receives forbidden books is considered as excused through epieikeia for the time the books are in his shop, especially if his customer has the permission to read those books. Example: Sempronius bought an expensive work and then discovered that it is on the Index. Is he obliged to destroy it? No, if he does not wish to destroy it, he may, if he does not delay beyond a month, either give it to someone who has permission to keep it, or obtain that permission for himself.
(c) In the third place, those "use" a forbidden writing who communicate it to others—for example, those who make presents of works that are on the Index, who lend such books to others, or place them where others will read them, who read to others passages or write out excerpts for them. It is lawful, however, for professors in theological and other classes of sacred science to read from forbidden works to their student body, if a suitable explanation and refutation exclude all danger.
(d) Lastly, those fall under the law as violators who co-operate in the production or distribution of forbidden literature—for example, publishers, owners, authors, translators, booksellers, printers, etc. (cfr. 976 sqq., on coöperation in Worship).
863. The church law on forbidden literature affects all Catholics not excepted by law, no matter how learned they may be, what position they may hold, or how immune from danger they may seem, unless they obtain permission to read such literature from the Holy See, the Ordinary, or their regular Superior (Canon 1402). Those excepted by law and who do not need to seek such permission are certain prelates and students. (a) Cardinals, Bishops, and other Ordinaries (Canon 1401), and likewise major superiors in exempt clerical orders (Canon 198, § 1) are not bound by the church prohibition of books dangerous to faith; (b) those who are pursuing theological or biblical studies may use forbidden editions of scripture, provided these are correct and complete as to the text, and contain no attacks on Catholic teaching in the introductions and annotations (Canon 1400). This permission extends not only to seminarians, but also to lay students; not only to those who are at school, but also to those who are really studying outside of school, such as professors,