Saturday, May 28, 2022

Catechism of the Summa (28)

 XVIII. OF HUMAN LAW

(A)

Can these other precepts become the subject-matter of law?

Yes.

Of what laws are they the subject-matter?

They are the subject-matter, properly speaking, of human laws 

What is meant by human laws?

By human laws are meant those ordinations of reason made for the common good of this or that society of human beings, which are enacted and promulgated by the supreme authority of every society 

Must these ordinations be obeyed by all who belong to this society?

Yes 

Is there here entailed a duty of conscience that binds before God?

Yes 

Are there certain cases in which one is not obliged to obey?

Yes, there can be certain cases in which one is not obliged to obey

What are these cases in which one is not obliged to obey?

In the case of impossibility, or in the case of dispensation 

(B)

Who can dispense from obeying a law?

He only can dispense from obeying a law who is the maker of the law, or he who has the same authority as the maker of the law, or he who has received from this authority the power to dispense 

(C)

Is one bound to obey an unjust law?

No, one is not bound to obey an unjust law, unless the refusal to obey cause scandal or grave trouble 

What is meant by an unjust law?

It is one made without authority, or contrary to the common good, or one that injures the lawful rights of members of the society 

If a law is unjust in that it offends the rights of God or of His Church, is one bound thereto?

No, if a law is unjust in that it offends the rights of God or the essential rights of the Church, one is never bound thereby 

What is meant by the rights of God and the essential rights of the Church?

By the rights of God is meant whatever touches the honour and the worship of God, the Creator and Sovereign Master of all things; by the essential rights of the Church is meant whatever touches the mission of the Catholic Church as regards the sanctification of souls by the preaching of the truth and the administration of the sacraments.

If then a human law attacks religion one is not bound to obey this law?

If a human law attacks religion one is not bound to obey at any cost 

Would such a law be a true law?

No, such a law is a hateful tyranny (XC. 1, ad 3).



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