Читать книгу Moral Theology - Charles J. Callan - Страница 29

623. Though the scrupulous are obliged not to heed their scruples, they rarely sin by heeding them, because their condition is such that they are not responsible. For, as was said above (40 sqq.), fear and other passions lessen or remove deliberation and the voluntariness of acts.

624. To give absolute obedience to the spiritual director means: (a) that scrupulous persons should recognize that it is wrong for them to depend on their own prudence, whereas they are absolutely safe in following the advice and precepts of the spiritual father who holds the place of God; (b) that they should avoid changing directors, and should adhere strictly to the rules prescribed for them.

625. Qualities required for a successful direction of the scrupulous are:

(a) Knowledge. The spiritual physician must be able to distinguish scrupulosity from spiritual diseases or conditions that are similar, lest he prescribe what is not suitable for the case. Example: A person of tender conscience should continue in that state, a person of scrupulous conscience needs instruction that he may put aside his erroneous views; a scrupulous person stands in need of special guidance. He must also recognize that scrupulosity is a mental illness that at times requires the expert treatment of a psychiatrist. Knowing his own limitations and the need of expert therapy, he should not hesitate to send the penitent to a competent doctor.

(b) Prudence. Some persons pretend scrupulosity in order to get a name for holiness, or to make a good impression; needless to say, they must be dealt with cautiously, as they often prove very unscrupulous. With a person who is really scrupulous, the spiritual director must carefully obtain all the knowledge necessary to ascertain the true state of soul, prudently bring the individual to recognize that he is a sick person, help to restore his confidence in himself, in his confessor, in God, etc.

(c) Patience. The scrupulous are almost as troublesome to their directors as they are to themselves; but they are heavily burdened and are unable to help themselves. The law of charity applies. They have the same right to charitable treatment as others who are physically suffering and needy.

(d) Firmness. Disobedience will defeat every effort of a director to help a scrupulous person. On this point, therefore, there must be no leniency: the rules laid down must be insisted on, the reasons should not be given, and no argument or discussion should be allowed. The director should speak with certainty and authority; he should be brief, and, if he must repeat, he will do well to use the same words.

(e) Good judgment. After deciding that a person is scrupulous, the director must discover what is the particular form of scrupulosity in the case, and must apply remedies that are suitable.

626. Rules Concerning Persons Scrupulous about Past Confessions.—(a) For the first time the confessor may permit a general confession of the past life, if the scrupulous penitent has fears about previous confessions and has not already made such a general confession. Let the individual relate his whole story at once, with all its details and complications. This might perhaps take more than one confession to complete, but the full recital is necessary if the scrupulous person is to have confidence in his director's knowledge of his exact state of soul. (b) After this general confession, no mention of past confession must be permitted, unless the scrupulous person is ready to swear without hesitation that he is sure that a sin certainly grave was committed by him and never rightly confessed.

627. Rules Concerning Persons scrupulous about Present Confessions.—(a) Before confession, the penitent must be content with a certain brief space of time appointed by the confessor for making his examination of conscience and act of contrition. A longer time spent in these preparations is useful to other penitents, but harmful to the scrupulous.

(b) During confession only those sins need be mentioned which are seen from a brief examen to be both certain and grave, and only those circumstances whose declaration is absolutely necessary. If the scrupulous penitent begins to speak of doubtful sins or irrelevant details, the confessor must forbid him to go on; for though confessions must be complete, whenever possible, doubts and details must not be permitted in the case of such scrupulous persons (see Vol. II).

(c) After confession, if the confessor judges that there is not sufficient matter for absolution, he must not yield to the penitent's fears, but must assure him that he does not need absolution and that he may go to the Sacraments Without it.

628. Rules Concerning Persons scrupulous about the Performance of Duties.—(a) The scrupulous person should be instructed that positive laws, divine as well as human, do not oblige in case of moral impossibility (i.e., when their observance is too burdensome); that the matter about which he has scruples has become too difficult for him, and hence that he is not obliged to it as others are.

(b) The scrupulous person should be commanded to leave undone what his vain fear calls on him to do; and, if this does not suffice, he should be told that he is not bound by the duty which causes him such anxiety. Example: Titus is scrupulous about the performance of obligatory prayers, so much so that he is not satisfied until he has repeated them several times, lest some syllable may have been omitted or hurried over, or the intention or attention may have been lost sight of at some part of the prayer, or the devotional posture may not have been observed throughout. If Titus cannot learn to say these prayers without making senseless repetitions, he should be told that the obligation has ceased until such time as he is able to fulfill it without torture to himself or others.

629. Of course, if harm is done to another by the incomplete performance of a duty, even a scrupulous person cannot be dispensed from repetition. Example: If a priest has not pronounced a sacramental form correctly, the fact that he is scrupulous does not excuse him from repeating the form correctly.

630. Rules Concerning Persons Scrupulous about the Commission Of Sin.—(a) The scrupulous person should be told that he is scrupulous, that his scrupulosity is not a conscience that he is obliged to follow, but a vain fear which he is obliged to struggle against by observing the directions given him.

(b) He should be directed not to deliberate long before acting, but to do what seems right to him at first; not to conclude after acting that he has committed sin, unless this appears certain and evident. Since the scrupulous are over-careful, the presumption is in their favor, and they can act and judge prudently by disregarding their fears and doubts. If by deciding offhand they sometimes sin or fail to recognize sin in a past act, this will come from invincible ignorance, and they will be excused from responsibility.

631. Since a disease is best cured by removing its cause, the confessor, when he has diagnosed a case of scruples, should prescribe remedies that are opposed to the source of the trouble.

(a) If scrupulosity seems to come from God, the penitent should be encouraged to regard it as a means of satisfaction for past negligences or as an occasion of virtue and progress, to pray incessantly for light and assistance, and to follow the guidance which God has provided. (b) If scrupulosity appears to be the result of diabolical obsession, and exorcism seems to be called for, the sufferer should not be told this. (c) If scrupulosity comes from associations or reading, the sufferer should avoid these occasions, and cultivate the companionship of persons or books that are cheerful and that give a hopeful outlook on one's duty and destiny.

632. Remedies for Scruples That Are Mental in Origin.—(a) Those who suffer from fixed ideas, phobias, and delusions, should not be reproved harshly and told that their fears are insane, but should be treated with kindness and firmness. In ministering to these troubled minds, the best course seems to be kind assurance that they have nothing to fear, along with insistence that they imitate the example of the generality of good people, avoid singular practices of piety, discuss their anxieties only with their director, and give themselves to some occupation that will distract their attention from their manias.

(b) Those whose minds are over-active and given to doubts and objections must avoid introspection and the study of moral problems that are too difficult for them; they must take a proper amount of suitable recreation, think and plan how they may help others who are in need, and avoid idleness.

633. Remedies for Scruples Whose Origin is Moral.—(a) If scruples arise from a stubbornness of character, the penitent must be told that the confessor is better fitted to judge the case, and that it is the height of rashness and presumption for a scrupulous person to prefer his ideas to those of the priest.

(b) If a melancholy or timid nature accounts for the existence of scruples, confidence and cheerfulness should be inculcated, and the penitent should be encouraged to meditate frequently on the goodness of God, and to remember always that God is not a harsh taskmaster, but a kind Father.

(c) Those who are scrupulous because their character is fickle and easily moved by every suggestion or imagination, need to cultivate seriousness, and to hold strongly to their judgments and resolves deliberately formed. Obedience to their director will be of more lasting benefit to these and other psychical scrupulants than psychiatric treatments through hypnotism, mental suggestion, and psychoanalysis; observance of the rules prescribed is an excellent cultivation of will-power, and it is sustained and perfected by the motives and helps which religion alone can supply.

634. Remedies for scrupulosity Whose Cause Is Physical.—(a) The physician is the proper person to care for bodily ills; hence, a scrupulous person who is troubled with headaches, dizziness, sleeplessness, loss of appetite, nervousness, hallucinations, etc., should go to a competent and conscientious specialist in the healing art. Removal of the causes of hurry and worry, moderate but sufficient diet, fresh air and exercise, and especially congenial occupation and surroundings are by general consent included among the best natural cures.

(b) The confessor, if he perceives that illness is the cause of scruples, should forbid any spiritual practices that cause or aggravate the malady. Example: scrupulous penitents should not be permitted to practise mortification by depriving themselves of necessary sleep, food, exercise or fresh air, or to use devotions or austerities for which they are physically unfit.

635. Persons who are scrupulous and lax at the same time need to be directed so as to overcome both spiritual maladies.

(a) If they are more scrupulous than lax, the case is less difficult, as they incline rather to the safer side, and it will suffice to apply the remedies indicated above for laxity and scrupulosity, as they are needed. Example: Titus, on account of scrupulosity, spends too much time at his prayers, and thus neglects the exercise and recreation which are necessary for his health. He should be instructed to limit his devotions, to have a regular time for them each day, and to realize that he has an obligation to take proper care of his health.

(b) If persons are more lax than scrupulous, the case is difficult, as they incline more to evil; indeed, if the trouble is Pharisaism, it is well-nigh incurable, on account of the pride and blindness that oppose resistance to every effort to cure. These persons need to be treated with severity, since nothing else will make any impression; they should be told in plain language how they stand and what is in store for them, unless they repent. Examples: Caius is extremely careful not to be guilty of sins of commission, but he thinks nothing of sins of omission; he would not take a postage stamp without express permission of the owner, but he neglects from year to year to pay bills, and sees nothing wrong in this. Titus thinks himself a saint because he worships the letter of the law, when it is to be applied to others; but he cares nothing about its spirit, and, though indulgent to self, is a tyrant with others. Both these men need to be told that, far from being good, they are very bad; that, far from being secure, they are in great danger. If insensible to reproofs, they should be reminded of the woes that await the wilfully blind (Matt., xxiii. 13 sqq.).

636. Practical Conclusions.—An instrument is called good when it produces with sufficient exactness the effects for which it was intended; it is bad, if it fails to produce those effects. Thus, a timepiece, a compass, or a thermometer is good if it indicates accurately, and bad if it indicates inaccurately. But, as it would be harmful to guide oneself by an unreliable instrument (e.g., by a watch with a defective mainspring, or which runs fast or slow), one naturally corrects the defects and regulates the working of the mechanism. Now, from what has been said above in this article, we see that conscience can be a deceptive indicator, and that its accuracy can be improved. Hence, the need of correcting a bad conscience and of cultivating a good conscience.

637. Remedies for a bad conscience and means for cultivating a good conscience are as follows:

(a) The remote causes of a bad conscience are in the will itself. A person judges wrongly often because he is wrong in himself, wrong in his intentions and purposes with regard to life as a whole, wrong in his attitude towards a particular line of duty, wrong in his lack of sincerity with himself. Hence, the correctives needed are a sincere love of God and of virtue, courage to wish the truth, and an honest examination of motives and actions: "The sensual man perceiveth not the things that are of the Spirit of God, but the spiritual man judgeth all things" (I Cor., ii. 14, 15).

(b) The immediate causes of a bad conscience are in the intellect. One judges wrongly because one clings in time of doubt to erroneous ideas or principles. The remedy, therefore, is to seek diligently for light through prayer, to study the lives and conduct of those who are models, to consult with the prudent and the conscientious. The bad conscience says to God: "Depart from us, we desire not the knowledge of Thy ways" (Job, xxi. 14); but the good one says: "Teach me Thy justifications. Thy testimonies are my delight, and Thy justifications my counsel" (Ps. cxviii. 12, 24).

638. Signs of a Good Conscience.—(a) Extraordinary holiness is not necessary before one may consider one's conscience good, for there are degrees of goodness. If, therefore, a person's external life is directed by the duties of his state, and his internal life, as far as he can judge, is free from serious guilt and guided by love of God and hatred of sin, he may safely regard his will as good. If sometimes he sins venially, this is not because he lacks a good conscience, but because he does not always follow it.

(b) Extraordinary diligence in studying one's duties is not necessary before one may regard one's conscience as good, for otherwise a heavier burden would be imposed than we can suppose God to intend. A person who is using all the means for obtaining religious instruction that are used by others in his position and who are conscientious, may safely regard himself as free from voluntary error. If sometimes he judges wrongly, the mistake will be involuntary and not due to a bad conscience. Of course, one whose conscience is not in vincible error may sin even mortally, not because his conscience is bad, but because he does not follow it.

639. The following are means for preserving and maintaining a good conscience: (a) we should judge our motives frequently with the severity with which we judge the motives of another (Rom., ii. 1), and as before God (I Cor., ii. 10); (b) we should measure our actions, not by the standards of the world, its maxims and examples, but by those of Christ (I John, ii. 15–17; III John, 11).

Art. 3: A CERTAIN CONSCIENCE

(Summa Theologica, I-II, q. 57, a. 5; II-II, q. 47, a. 9.)

640. As was said above, only that conscience is a safe guide which is not only good—that is, in agreement, as far as one's efforts can secure this, with the external law—but also certain. A certain conscience is one which, without any prudent fear of erring, judges that a particular act is obligatory or unlawful, and hence here and now to be done or omitted.

641. Necessity of Certitude.—We must be sure we are right before we act; otherwise, we expose ourselves to the danger of sinning, and therefore commit sin (see 582). Hence, it is necessary to act with a certain conscience, and unlawful to act with an uncertain conscience. "If the trumpet give an uncertain sound, who shall prepare himself to the battle?" (I Cor., xiv. 8) may be accommodated to conscience. In Rom., xiv. 22, 23, the Apostle declares that he who acts with conviction is blessed, whereas he who acts in uncertainty is condemned. Examples: Sempronia doubts whether it is sinful to sew on Sunday; she is not sure, but has grave suspicions that sewing is servile work; if she goes ahead, she will be guilty of violating the law, as being willing to take the risk, and therefore the responsibility. Titus offers another a drink, being uncertain whether it has poison in it or not; he is guilty of sin, since he has no right to expose himself to sin and his neighbor to the danger of death.

642. Those persons who act with a doubtful conscience, and later discover that what they feared might be wrong was not wrong, or not so bad as they suspected, must bear in mind: (a) that their past conduct is not to be judged by their newly acquired knowledge, for that conduct must be judged by the knowledge had at the time. Example: Sempronia does some work on Sunday, doubting whether she is committing a grave or a slight sin. Later she discovers that it was really only a venial sin, and she congratulates herself that she did not sin seriously. Her judgment is wrong, because she did not know at the time of the work that it was not a grave sin; (b) that they must guide themselves in future acts by their newly acquired knowledge.

643. Kinds of Certitude.—Judgments may be certain in a greater or less degree.

(a) They are metaphysically certain, when error is absolutely impossible, the opposite of what is held by the mind being a contradiction in terms which omnipotence itself could not make true. Example: The judgments that the same, identical act cannot be both good and bad, that good is to be done and evil to be avoided, that God is to be honored, are metaphysically certain, since they result immediately from the very concepts of being, of goodness, and of God.

(b) Judgments are physically certain, when error is impossible according to the laws of nature, the opposite of what is held by the mind being unrealizable except through intervention of another cause. Example: The judgments that he who takes poison will destroy life, that he who applies fire to a house will destroy property, are physically certain. because natural agencies, like poison and fire, act infallibly when applied to suitable matters and under suitable conditions and left to their course, unless they are overruled by superior power.

(c) Judgments are morally certain, when error is impossible according to what is customary among mankind, the opposite of what is held by the mind being so unlikely that it would be imprudent to be moved by it. Examples: One is morally certain that what a reputedly truthful and competent person relates to one is true. A person is morally certain that a conclusion he has drawn about his duty in a particular instance is correct, if he believes that he has overlooked no means of reaching the truth. Testimony and inference, since they come from free and fallible agencies, may lead into error; but, when they appear to have the requisite qualities indicative of truth, they are for the most part reliable and in practical life have to be considered as such.

644. As to the certainty that is required in the judgment of conscience, the following points must be noted:

(a) Metaphysical certainty is not required, since conscience does not deal with primary propositions, but with deductions about particular acts. The first moral principles, which are the object of synderesis, and at least some of the general conclusions, which are the object of moral science, are metaphysically certain (see above 145, 300), as they are based on necessary relations; but the particular conclusions, which are the object of conscience, are concerned with the contingent and the individual.

(b) Physical certainty is not required for the judgment of conscience, since conscience is not concerned with the activities of natural agents, but with the activities of moral agents that act with freedom and responsibility.

(c) Moral certitude, therefore, is sufficient for the conclusions drawn by conscience. That a higher kind of certitude is not necessary should not surprise us, for it would be unreasonable to expect that the same degree of assent be given to judgments that are concerned with particular and contingent cases as to those that are concerned with universal and necessary principles.

645. Moral certitude is of two kinds: (a) certitude in the strict sense, which excludes not only the fear of error, but every doubt, prudent and imprudent, great and small, Example: Titus thinks of a way in which he could easily make money dishonestly; but his conscience sees that the thing is manifestly wrong and decides without the slightest fear or doubt that it must not be done; (b) certitude in the wide sense, which excludes all fear of error and every serious or prudent doubt, but not one or other slight and imprudent doubt. Example: Caius was baptized by an excellent priest, but the date was omitted in the register. The doubt occurs to Caius that perhaps something essential was also omitted, and that it may be his duty to seek another Baptism. His doubt is unreasonable.

646. Moral certitude in the wide sense is sufficient for a safe conscience, even in matters of great importance, since it is frequently the only kind of certitude one can have, and he who would strive to be free from every slight and baseless suspicion would be soon involved in a maze of scruples and perplexities. Example: If the Caius above referred to were to yield to his doubt and be rebaptized, a similar doubt about the second Baptism might easily arise in his mind, and he would be no more contented than before.

647. From the point of view of its object, certitude is twofold. (a) Speculative certitude refers to a judgment considered as a general law, abstraction being made from particular circumstances. Example: It is speculatively certain that farm work on a holyday is a forbidden kind of work, and that clerics are obliged to say the Divine Office. (b) Practical certitude refers to a judgment which is an application of a general law to a particular case, consideration being given to all the pertinent circumstances. Example: It is practically certain that Titus may make hay on a holyday, if otherwise he will suffer great loss; and that a cleric is excused from the Divine Office, if his physician has warned him that he is physically or mentally unable to perform it.

648. Speculative certainty is not sufficient for conscience, but practical certitude is required, since conscience refers not to abstract laws but to concrete cases—not to what is right if only the object of the act is considered, but to what is right when one considers the object, the motive, and all the circumstances here and now present.

649. From the point of view of the arguments on which it is based, certitude is of two kinds. (a) Demonstrative certitude is the assent that rests on a conclusion logically drawn from certainly true premises. Example: Caius argues that he is obliged to go to Mass on Sunday, because the law is certain, and it is also certain that the law applies to him. (b) Probable certitude, which is the assent that rests on a conclusion, whose premises, though not certain, seem to be true, and against which there is no counter conclusion, or none that cannot be readily answered (see 703). Example: Caius is pretty sure that he is seriously ill, because he perceives a number of alarming symptoms; the possibility that these may be due to imagination is excluded by the fact that they are new and sudden. Caius, therefore, concludes that he may hold himself excused from attendance at Mass.

650. Probable certitude is sufficient for conscience, for in moral matters it is impossible to have at all times reasons that amount to a demonstration, and hence a person acts prudently in following a decision that is solidly probable and unopposed by any contrary serious probability. What is called "probable certitude" here is very different from probable opinion, about which there will be question below (662 sqq.)

651. From the point of view of the manner in which it is obtained, certitude is again twofold. (a) Direct certitude is that which is obtained from principles that are intrinsic to the case by applying to the matter the law concerning it. Examples: A judge who decides according to the evidence and proofs given in court that an accused is guilty, and a son who concludes from the Fourth Commandment that he is bound to help his parents in necessity, have direct certainty in their judgments, because they argued from principles that deal with the question before them. (b) Indirect certitude is that which is obtained from principles that are extrinsic to the case by applying to the matter in hand reflex principles (i.e., rules that direct how one should act in doubt) or the principle of authority (i.e., the argument drawn from the opinion of those who are acknowledged as competent to decide). Examples; If a judge is not able to form a certain judgment from intrinsic reasons concerning an accused, because strong arguments have been given both for guilt and for innocence, he has recourse to principles that have reference to his own state of doubt, and which declare that he must acquit when he is not certain of guilt. If a man is not able to decide whether the Fourth Commandment obliges him to keep his grandparents or mother-in-law in his home, when they upset his family and are able to take care of themselves, he can have recourse to the external principle of authority by consulting his confessor.

652. Direct certitude is not necessary for the judgment of conscience, for often, as in the cases just mentioned, it is not possible. Moreover, indirect certitude suffices to give one who is in doubt such practical assurance that one's fears become unimportant and one is able to act prudently in spite of them.

(a) The principle of authority—that "in doubt we can safely follow the advice of those who are experts and truthful"—is reliable, as both the conditions required for authority (viz., knowledge and truthfulness) and also daily experience show.

(b) Reflex principles likewise, although they do not 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 what was done"; "What has been done is presumed to have been rightly done." Examples: Caia cannot remember whether she really consented when she married Titus. Sempronius cannot remember whether he had sufficient attention in hearing Mass on Sunday. The presumptions are that Caia married validly and that Sempronius heard Mass properly, if they acted in good faith.

660. Reflex principles that may be used to settle negative and invincible doubts concerning law or obligation are the following:

(a) If no serious reasons can be found to prove or disprove the existence of a law, or its gravity or application to a present case, use may be made of the principle: "Invincible ignorance of the law excuses from sin." Example: Titus on an ember day consults all the sources of information he has to discover whether it is a fast day; but all he can learn is that some vigils are fast days, others are not.

(b) If no serious reasons can be found to prove or disprove that a law bears a certain meaning, recourse may be had to such principles as the following: "A law obliges only in so far as it is knowable"; "The interpretation may be made against the legislator who could have spoken more clearly"; "Things burdensome to the subjects of the law should be construed narrowly; things favorable, broadly." Example: Caius, who supervises workingmen, has no notion regarding the meaning of the word "workingman" as used in an indult on fasting—viz., whether it applies to supervisors of work or exclusively to laborers.

(c) If no serious reasons can be found to prove or directly disprove that a certain law has ceased or been abrogated, the principle to be followed is: "In doubt decide for that which has the presumption." In this case the presumption is for the continuance of the law, since it was certainly made, and there is no probability for its non-continuance. Example: Sempronius learns that certain mitigations have been made in the law of fasting, and wonders whether the same is true as regards the law of abstinence; but he has no reason to think that any change has been made on this latter point.

661. In the above cases negative doubt was solved generally in favor of non-obligation as against obligation. But there are two cases in which negative doubt must be settled in favor of obligation, according to the rule: "In doubt follow that which is safer." The two cases are:

(a) Negative doubt must be settled in favor of obligation, when the doubt is about a matter of such importance that it does not permit the taking of risks in its performance, as when there is question of laws that safeguard the supreme rights of man, or of laws that prescribe the essentials to be used in the administration of the Sacraments. Example: Sempronius adopts a newly-born infant abandoned at his door. As there is nothing to indicate whether the baby has been baptized or not, Sempronius takes the safer course and has it baptized.

(b) Negative doubt must be settled in favor of obligation when it persists because no reflex principle is found, or none that seems to be suitable for the case. Example: Titus wavers between uncertainties about the existence of a law; he can discover no reasons pro or con, and he knows no principle or presumption to guide himself by in his difficulty. He does not know or even think that he may act as if the law were non-existent, and hence he must inquire further, or else act as if the law did exist.

662. Opinion.—The duty of one whose state of mind is opinion is as follows:

(a) If he is able to remove every objection against his judgment or to make unimportant such objection or objections as remain, his opinion has become moral certainty (see above, 644 Sqq.), and he may follow it as a safe guide. Example: Caius promises to marry Sempronia, but his parents forbid the marriage. Caius opines that he should keep his promise, but to be sure he consults his pastor. The latter shows him that the opposition to his marriage is unreasonable, and thus sets at rest the difficulties of Caius.

(b) If a person is not able to remove one or more important objections against his judgment, his opinion has not become moral certitude, and he may not follow it as a safe guide. Example: If Caius' pastor holds that the parents are right and Caius wrong in the question of marriage with Scmpronia, so that Caius, while still thinking he should keep his promise, has serious fears that it would be a wrong step, the young man should not follow his own view.

663. Those who act when their state of mind is doubt, suspicion, or uncertain opinion are: (a) guilty of sin, for they do not act in good faith (Rom, xiv. 22, 23), and they are imprudent and lovers of danger (Ecclus., iii. 27); (b) guilty of the species and gravity of sin which they fear may be in their act; for they interpretatively wish that to which they expose themselves. Example: If Titus takes an oath, fearing that his act is perjury, he is guilty of perjury before God, even though what he says is true.

664. Fears or objections against an opinion are unimportant as follows: (a) if they have only a slight probability (e.g., Titus opines that he is not obliged to say the second lessons, because he knows that he began them, and therefore must have said them; but he fears he may be obliged to say them, because he cannot remember the details of the lessons, and hence has probably not said them); (b) if they are improbable (e.g., Caius fears that he may have omitted Sext, although he recalls going to choir to chant at the regular times.)

665. Fears against an opinion are important, when they are not merely possible, but have such an appearance of truth that even a prudent man would consider them as worthy of support.

(a) Intrinsic signs of this solid probability are the good arguments by which the fear, or contrary of an opinion, is supported. Example: Titus after careful examination of conscience decides that he is not obliged to mention a theft in confession, because it happened just before his last confession; yet, he fears that he is obliged, because he does not remember having thought of restitution.

(b) Extrinsic signs of solid probability are the good authorities by whom the contrary of the opinion is defended. Example: Caius opines that he is not obliged to confess a calumny, because he is not certain that it is unconfessed; he fears that he is obliged, because St. Alphonsus, whose authority is great in Moral Theology, teaches that a grave sin must be confessed unless it is certain that it has been confessed already.

666. He who is moved by unimportant fears or difficulties is scrupulous, but not so he who hesitates in the face of an important difficulty. Examples: Balbus fears he may be guilty of murder, because he left a sick person for a moment and the latter unexpectedly died in his absence (scrupulous conscience). Sempronius fears he may be bound to restitution, because by his ridicule he made Titus lose his means of livelihood (disturbed conscience).

667. What is to be done by one who holds an opinion as to what he may or may not do here and now, but who has a serious fear that his opinion is wrong?

(a) If the fear persists as serious, when the means to remove it (such as consideration and consultation) have been duly resorted to, he should delay, if this is possible, or follow the safer course, if delay is not possible. Example: Titus must go to confession now, but he cannot recall whether or not a past theft was ever confessed; he thinks he is not obliged to mention it now, but is far from feeling certain about this, because of a serious doubt which he cannot resolve. The thing for him to do is to resolve to confess the theft as one that was perhaps unconfessed before.

(b) If the fear is removed or made unimportant, by direct means (such as theological argument from moral principles) or by indirect means (such as consultation or the use of reflex principles), the opinion may be followed. Example: If Titus, mentioned above, learns from his confessor or deduces from reliable reflex principles that he is not obliged to confess the theft, he may act with a safe conscience in following this decision.

668. The authority that may be safely followed by a lay person who holds an opinion, but fears that the opposite may be true, is that of anyone whom he knows to be pious, instructed and prudent; for, as it is impossible for him either to settle the question for himself or to remain in perpetual uncertainty, he must acquire certainty here as in other important affairs by consulting those who are expert and reliable. Hence, if the conscience is merely opinionative, a dependable adviser should be conferred with to make it certain.

(a) In the case of an accusing or excusing conscience, it is at least advisable that the doubtful sin be mentioned in confession, and especially by those who are not strict in their lives and who are inclined to judge their own acts and motives with leniency.

(b) In case of a forbidding or permitting conscience, it is necessary that one seek reliable information where it can be had, as from parents or teachers, and if these cannot give it, from a pastor or confessor or other priest. Example: Sempronius thinks he has a right to drink a glass of wine now and then to be sociable; but he fears he has no right to do so, as the drink occasions excitement or foolish remarks, and sometimes makes it difficult for him to get to his home safely.

669. The authority that may be safely followed by confessors and other priests in resolving important doubts against a moral judgment is as follows:

(a) If the opinion is supported as morally certain by all or nearly all of the approved text-books on moral teaching, it may be followed; for surely there would not be such unanimity, if the objections were really formidable.

(b) If the opinion is supported as morally certain by a goodly number (say, six or seven) of those who are considered as preeminent in Moral Theology, and who independently arrived at the same conclusion, it may be followed; for the judgment of many is better than that of one, and the certainty of authorities should prevail over the doubt of one who has not the same authority.

(c) If the opinion has the support as certain of only one theologian, it may be followed without further investigation, if he has received special mention from the Church as an authority and a safe guide. Thus, the Holy See has expressly declared that the doctrine of St. Alphonsus may be safely followed by confessors, and the approbation given to St. Thomas Aquinas as Universal Doctor makes his word more convincing than a contrary argument based on one's own reasoning. Of course, this does not mean that these or any other private Doctors are infallible in their judgments, or that one should not depart from their teaching in a point where the Church has decided against them, or where there is a manifest reason for doing so; it simply means that they are so conspicuous among moralists for the correctness of their teaching that one who is in doubt may safely follow them unless the contrary is known to him.

670. But one may be unable to settle one's difficulty by appeal to authority, as such, as in the following instances: (a) when the particular case to be decided is not considered at all in text-books, or is not considered under the circumstances that exist; (b) when the authorities speak hesitatingly about the question, and say that the opinion in question is at most probable, etc.; (c) when the authorities are about equally divided, as when a few great names are opposed to many names of inferior rank, or when those who are equal in knowledge so disagree that half are on one side, half on the other. In counting authorities, however, it is not always easy to decide who should be included, as a writer may himself be arguing from the authority of an individual or of a school, and thus he is not a distinct witness in favor of what he holds.

671. When a priest or other person sufficiently instructed in theology is not able to change through recourse to authority an opinionative or doubtful conscience into a certain conscience, he can still obtain certitude: (a) directly, by reexamining the question diligently and with entire impartiality, until he has discovered reasons strong enough to settle it convincingly one way or the other; (b) indirectly, by submitting the question to the arbitrament of a reflex principle that really appears true to him, and permitting it to decide between the opinion and the objection, or between the contending doubts.

672. The Moral Systems.—There are two general systems regarding reflex moral principles:

(a) Tutiorism, which teaches that the only principle which can change uncertainty into certainty is: "When one is undecided between the safer and the less safe, he must always choose the safer," because only what is safer excludes the uncertainty of sinning;

(b) Anti-tutiorism, which teaches that the principle given above is true in a few exceptional cases on account of special reasons, but untrue as a rule. The general principle which it substitutes for that of Tutiorism is: "When one is undecided between the safer and the less safe, one may choose the less safe if it is morally certain."

673. Of two moral judgments that are compared, it must be noted:

(a) that one is safer which departs more from the danger of sin by deciding for the stricter side. Example: In doubt whether a law exists, whether it obliges in a present case, whether its obligation is grave, the safer opinion is that which holds for the affirmative;

(b) that moral judgment is more likely which is supported by stronger arguments. Example: That a law has ceased, or does not apply in a certain case, or does not oblige under sin, is a more likely opinion if the arguments in its favor outweigh those against it.

674. Thus, it may happen that an opinion which is safer is less likely. Example: The opinion that the precept of repentance obliges under pain of new sin from the moment a sin is committed is safer, but less likely than the opposite opinion.

675. Danger of sin is twofold. (a) Danger of formal sin (see 249, 258) is a risk taken which involves, not only that an act may be unlawful, but that the doing of it may be unlawful. Example: Caius eats meat, doubting whether the day is one of abstinence and whether he is obliged to abstain or not. (b) Danger of material sin (see 249, 258) is the danger that an act may be unlawful, not in the concrete or as to its performance, but in the abstract as to itself. Example: Titus is unable to discover whether this is a day of abstinence, but he is of the opinion that it is not. Hence, he takes meat, arguing that, while this may be a violation of the law, he himself is not guilty of sin, since he feels that he has a right to eat meat under the circumstances.

676. Tutiorism.—This system has been condemned by the Church, and with good reason, for the following motives:

(a) If by that which is safer, Tutiorism intends that which is better, it contradicts the Gospel, which distinguishes between counsel and precept (see 364 sqq.), commanding what is good, but only recommending what is better.

(b) If by that which is safer Tutiorism means that which favors law against liberty, it imposes an intolerable yoke on the consciences of men; for, while law obliges only in so far as it is promulgated and known, Tutiorism would bind one to observe, not only what was not known to be obligatory, but what was held to be most probably not obligatory.

677. A modified form of Tutiorism taught: "When one is undecided between the safer and the less safe, one must choose the safer, unless the less safe is most probable." This system has not been censured by the Church, but Catholic theologians with hardly an exception have rejected it, for the following reasons:

(a) Most probable, as understood by the defenders of this system, is that which has such likelihood and such appearance of truth as to remove every probable danger of even material sin. Thus, in reality this system requires absolute certitude and agrees with the rigorous tenet of Tutiorism that even a most probable opinion against the law may not be followed.

(b) Most probable, as commonly understood, is that side of a question which so far excels the other side that no answer can be given to any of its arguments, while all the arguments of the other side can be answered. To require this in moral difficulties is to require the impossible, for even the greatest theologians have to be content at times with less.

678. We are obliged always to follow a safe course, that is, not to expose ourselves to the danger of formal sin (see 249, 258); but Tutiorism errs when it teaches that we are also obliged always to follow the safer or safest course, that is, never to expose ourselves even to the danger of material sin. There are cases, however, when we are obliged (because some law requires it) to follow a safer course, that is, not to expose ourselves or others to some great harm. Thus, we must follow the safer side in the following cases:

(a) when there is question concerning something essential for the salvation of ourselves or of others, for the law of charity forbids that any risk be taken in this supremely important matter. Example: Titus instructs the dying Caius only concerning the existence of God and of the future life. He should also instruct him about the Trinity and the Incarnation, which is the safer course, since it is more probable that an explicit faith in these two mysteries is a condition of salvation;

(b) when there is question of some great spiritual loss or gain for ourselves or others, for justice or charity forbids that we take chances in such affairs. Examples: Sempronia doubts whether she is excused from the law of abstinence, and whether she will be guilty of sin if she eats meat. Caius doubts whether attendance at a certain school will do harm to the religion of his son. Balba doubts whether she is bound to inquire about the truth of her sect. As long as their serious doubts remain, these persons should follow the safer course;

(c) when there is question of the validity or invalidity of a Sacrament, for the virtue of religion requires that the Sacraments be administered with fidelity, and be not exposed to the peril of nullity. Example: It is not lawful to consecrate matter that has probably been substantially adulterated;

(d) when there is question of some temporal good or evil to oneself or another, and one is certainly obliged to promote the former or prevent the latter. Examples: Caius suspects that a drink before him is deadly poison; Titus suspects that an object at which he is preparing to shoot is a human being. Neither may disregard his suspicion, even if its contrary is more probable, because the safer side must here be taken. The Fifth Commandment forbids one needlessly to imperil one's own or another's life.

679. In emergency one may expose a Sacrament to nullity by taking a course that is less safe for the Sacrament, but safer for the subject, relying on the axiom that the Sacraments are for men, and not men for the Sacraments. Example: Titus is called to baptize the dying Caius. No water can be procured except rose water, whose sufficiency is doubtful. Titus not only may, but should, use the doubtful matter, since no other can be had.

680. Laxism.—The extreme opposite of Tutiorism is Laxism, whose principle is: "When one is undecided between the safer and the less safe, one may choose the less safe, if it is only slightly or uncertainly probable," because whatever seems at all probable may be prudently followed, and so forms a certain conscience. Example: According to Laxism, one would be justified in following an opinion, because it was defended by one theologian, even though he was of little authority.

681. This system has been condemned by the Church for the following reasons:

(a) It is contrary to the teaching of the Gospels and of the Fathers, which requires one to observe the laws of God with understanding and diligence;

(b) It leads to corruption of morals. The Laxists of the seventeenth century were called in derision those "who take away the sins of the world," and it was against their loose teachings that Pascal inveighed;

(c) Its argument is of no value, for no prudent person would feel that he should follow what was only slightly above the improbable, or that a law should be deemed uncertain because an opinion of uncertain probability could be quoted against it.

682. The true system of reflex principles will lie between the extremes of Tutiorism and Laxism. As already said, these two doctrines have been censured by the Church; but there are other systems that are moderate, and that are permitted by the Church and defended by theologians. These systems are:

(a) Probabiliorism, whose principle is: "When one is undecided between the safer and the less safe, one may choose the less safc only when it is more probable";

(b) Equiprobabilism, whose doctrine is: "When one is undecided between the safer and the less safe, one may choose the less safe only when it affirms the non-existence of the law, and is at least equally probable with the opposite";

(c) Probabilism, whose doctrine is: "When one is undecided between the safer and the less safe, one may choose the less safe whenever it is certainly and solidly probable";

(d) Compensationism, whose doctrine is: "When one is undecided between the safer and the less safe, one may choose the less safe whenever it is certainly and solidly probable, and there is a proportionate reason to compensate for the risk taken."

683. Probabiliorism.—The arguments in favor of Probabiliorism are as follows:

(a) extrinsic or from authority. This system is more ancient, and, when the controversy over systems began in the seventeenth century, this was the one that was most favored by the Church and theologians;

(b) intrinsic and direct. An essential note of certitude is that it should exclude all doubt, for as long as doubt remains there is only opinion. But one who is undecided cannot exclude all doubt, unless the arguments against the doubts not only balance, but outweigh the latter (i.e., unless one has greater probability on one's side). Hence, he who acts against the safer, which is always certain enough, when his own opinion is not more probable, acts with an uncertain conscience;

(c) intrinsic and indirect. In all other matters a man is not prudent if he assents to that which is less safe and less probable. Thus, in things speculative no scholar would think of accepting a theory which to his knowledge was further removed from the truth; in things practical no man of common sense would prefer a road that seemed less likely to lead to his destination. But we should not be less prudent about the good than we are about the true and the useful. Hence, in doubt we should always decide in favor of the law, unless the arguments for liberty are more convincing.

684. The answers given to the above arguments are:

(a) Probabiliorism is not more ancient as a system, since none of the moral systems were formulated before the sixteenth century; if Patristic and medieval authorities can be quoted who decided cases probabilioristically, others who were contemporary can be named who decided according to milder principles. Moreover, the passages cited are frequently obscure, and do not necessarily bear a Probabilioristic sense. That Probabiliorism enjoyed more favor at the beginning of the controversy is not wonderful, since other systems were more or less identified with Laxism, and the question at issue had not been studied thoroughly. Today Probabiliorism has few defenders.

(b) That which is more probable by far, or most probable, does overcome all doubt, and is even speculatively certain; but he who would require the more probable in this sense does not differ from the Tutiorists spoken of above. That which is more probable, but not to a notable extent, does not exclude all doubt, for the very definition of the more probable is "that judgment which appears more likely to be true than another, but which does not exclude all fear that the other may be true." Hence, if Probabiliorism calls for the notably more probable, it does not differ from Tutiorism; if it calls for the moderately more probable, it wrongly claims that there is no probability on the opposite side.

(c) The true is that which is in harmony with facts, the useful that which conduces to the obtaining of an end, the good that which is in conformity with law. Certainly, a man is not a prudent seeker of truth if he arbitrarily prefers the less to the more true-seeming, nor a prudent seeker of the useful if he chooses the less safe way of obtaining what is a necessary end; but a man can be a prudent seeker of the good, even though he prefers the less safe and less probable, when the law itself, the norm of good, does not demand more from him. Hence, one who makes a judgment according to the anti-Probabiliorist systems does not feel that he is yielding assent to what is speculatively less probable; but that he is making a decision that is practically certain; not that he is choosing a perilous way, but one that is absolutely safe.

685. Arguments against Probabiliorism.—(a) Theoretical Objection.—The principle of Probabiliorism that it is lawful to act against the safer side when the less safe side is more probable, cannot be justified except on the ground that invincible ignorance of obligation exists, and hence that the law does not oblige. But the same argument can be used in favor of milder systems; for even if the less safe side is only probable, it makes one invincibly ignorant that one is obliged. Hence, the basis of Probabiliorism is fatal to its own claims.

(b) Practical Objection.—A system for the direction of conscience should be so simple that it can be easily applied in the everyday affairs of life. Abstract questions may receive attention from moralists for days and months, but concrete cases have to be decided as a rule without delay. But Probabiliorism is such a complicated system that it is unsuited to everyday life. St. Alphonsus declares that he found by the experience of many years that this system cannot be profitably used in the guidance of souls, for it imposes an intolerable burden on both confessors and penitents. And how few are so skilled as to be able to decide quickly, without scruples, and correctly about the relative degrees of probability in opposite opinions!

686. Answers of the Probabiliorists.—(a) A probable opinion against the existence of obligation does not create invincible ignorance, but only doubt; nor does a more probable opinion against obligation create invincible ignorance, since it excludes the less probable opinion for obligation, and makes one assent unwaveringly and in good faith, even though erroneously, to the judgment that one is not bound.

(b) It is no more difficult to decide what is more probable than to decide what is equally probable, or truly and solidly probable; nor is the same skill and attention expected in all persons and cases, but each person must judge according to the best light he has, and each case must receive the measure of attention its importance calls for. If Probabiliorists may become scrupulous, may not Probabilists become lax?

687. The debate between Probabiliorism and its adversaries is not often heard today, as most modern moralists give their allegiance either to Equiprobabilism (a modified Probabiliorism) or to Probabilism.

688. Equiprobabilism.—The doctrine of Equiprobabilism is a middle way between Probabiliorism and Probabilism. Thus: (a) it agrees with Probabiliorism in holding that it is not lawful to follow the less safe, if the safer is more probable, or if the safer is equally probable, and the question is about the cessation of the law; (b) it agrees with Probabilism in holding that it is lawful to follow the less safe, if the safer is only equally probable, and the question is about the existence of the law.

689. The principle that "it is not lawful to follow the less safe, if the safer is equally probable and the question is about the cessation of the law," is defended as follows by Equiprobabilists:

(a) In real doubt we should decide in favor of that side which is possession. But, when doubt is about the cessation of a law, the law is in possession; for there is no question that it was made. Therefore, in such a doubt we should decide for the safer side, that is, that the law has not ceased.

(b) A certain obligation is not complied with by a doubtful fulfillment. But doubts about the cessation of the obligation of law usually arise from a probability that one has already fulfilled the law. Therefore in such cases we should decide that the law has not been fulfilled—that is, that its obligation has not ceased.

690. The Probabilists reply that: (a) it is not true that, in equiprobability about the cessation of law, the law is in possession; for liberty is naturally prior to law, and hence has possession in doubt; (b) nor is it true that an obligation that has probably been complied with or removed is certain.

691. The Equiprobabilists answer: (a) liberty was in possession, until it was dispossessed by the making of the law; (b) an obligation that certainly existed must be held as certainly in existence, until the contrary is proved; whereas a fact, such as dispensation, abrogation, or fulfillment, is not proved if it is only probable.

692. The principle that "it is lawful to follow the less safe side, if the safer is only equally probable and the question is about the existence of the law," is defended as follows by Equiprobabilists:

(a) In real doubt we should favor the side that is in possession. But when doubt is about the existence of a law, liberty is in possession; for liberty is prior to law. Therefore, in such doubt we may decide that there is no obligation.

(b) An uncertain law does not oblige, if one is invincibly ignorant of its existence. But, when there are equiprobable reasons against the existence of a law, one is invincibly ignorant of its existence. Therefore, in such cases one is not obliged.

693. The principle that "it is not lawful to follow the less safe side if the safer side is more probable," is defended as follows by Equiprobabilists:

(a) In doubt improperly so called—that is, in that condition of mind in which there is no fluctuation between equal arguments, but only some indecision between the more and the less probable—we should decide in favor of the more probable, as being morally certain. Hence, it is not lawful to follow what is less safe and less probable.

(b) A law sufficiently promulgated obliges. But, when it is more probable that a law was made or is in force, such law is sufficiently promulgated to the conscience. Hence, the safer side must be followed, if it is more probable.

694. Probabilist Criticism of the Foregoing Arguments.

(a) If the excess of the more probable over the less probable is so great that the latter is only slightly or doubtfully probable, the more probable is equivalent to certitude; for certitude is assent without fear of the opposite, and the fear of the opposite in such a case would be so slight that it may be considered as non-existent. If the excess is not so great, the less probable remains solidly and certainly probable, and the more probable is not certitude, but opinion (that is, assent with fear of the opposite). The Equiprobabilists are speaking of greater probability in the second sense, and hence they are wrong when they identify it with certitude (see above, 654).

(b) A law must be so promulgated to the conscience that one knows the law or could know it with sufficient diligence; it does not suffice that one can get no further than opinion. It would be unreasonable to oblige one to observe not only what is the law, but also what seems to be the law. Now, he who has only more probable opinion that he is bound by some law, does not know that such obligation exists; he only knows that it seems to exist.

695. Reply of the Equiprobabilists.-(a) The more probable always removes the appearance of truth from the less probable. Hence, he who recognizes an opinion as more probable can assent to it without any fear of error.

(b) One who holds it as more probable that he is obliged by a certain law, does not know for certain that he is obliged by reason of that law; but he does know for certain that he is obliged by reason of a higher law. Superior to every particular law is the general law that nothing may be done that will deprive law of its efficacy. But law loses its efficacy if each one is free to decide that he is not bound even when the greater weight of probability is to the contrary.

696. General Arguments in Favor of Equiprobabilism.—(a) From Authority.—St. Alphonsus Liguori, who holds a unique place in the Church as a moralist, preferred Equiprobabilism to every other moral system; and his views are followed not only by his own Congregation, the Redemptorists, but by many others.

(b) From Comparison with Other Systems.—Truth lies midway between extremes; for truth is lost either by exaggeration or by defect. But Equiprobabilism is a happy medium between Probabiliorism inclining to Rigorism, and Probabilism inclining towards Laxism. Hence, the relation of Equiprobabilism to other systems is in its favor.

(c) From the Character of Its Teaching.—According to principles of justice universally admitted as true, a judge should pronounce sentence in favor of the more probable when there is evidence of unequal weight and in favor of that which is in possession when there is evidence of equal weight. But these principles ought to be of universal application. Therefore, Equiprobabilism does right in making these the guiding principles for the court of conscience.

697. Probabilist Criticism of these Arguments.—(a) St. Alphonsus is one of the greatest moral theologians of the Church. Whether in his later years (1762–1787) he taught Equiprobabilism, is a matter of dispute among those who are familiar with his writings. But there is no doubt that in his mature age (1749–1762), when he wrote his Moral Theology, he was a Probabilist.

(b) Probabilism can likewise claim that it stands midway between the extremes of Rigorism (represented by Probabiliorism and Equiprobabilism), on the one side, and of Laxism, on the other side.

(c) The principle of possession invoked by Equiprobabilism applies to matters of justice, because there is a presumption that he who holds property has a right to it, and also because human laws must favor him who is in possession, lest property rights be left uncertain and disputes be multiplied. The principle of possession does not apply, however, to other matters; if the law obliged one yesterday, how can that create a presumption that it obliges one today, if one has good reasons for thinking the obligation has ceased? And as for human ordinances, while they have jurisdiction over external goods and may award them in case of doubt to the possessor, they have not, and have never claimed, the right to make the principle of possession a rule for solving all difficulties about duty.