Friday Test Flashcards
When does a doubtful law not have binding force?
when doubt concerns the lawfulness of an act and not its validity
When can a doubtful law not be applied?
concerns validity of the Sacraments, concerns somthing which is absolutely necessary for salvation e.g. risk of losing eternal life, the safer opinion must be followed, when the question involves an established right of a third party e.g. judge would not be justified in giving judgement on the basis of a probable opinion while refusing to follow what is certainly the more probable opinion
What else shoudl one do in doubt?
One must stand in presumption
What do most reflex principles stand on?
Decretals of Gregory Ix
What are the rights of the third party?
e.g. a judge would never make a decision based on probable opinion
what is meant by “in doubt possession is nine-tenths of the law?”
principle forms the basis for the theory of Equiprobabilism and is known in brief as the principle of possession
What are the ten reflex principles?
doubtful law does not bind, in case of doubt one must err on the side of where the presumption lies, in case of doubt one must err on the side of the possessor, wrongdoing is not presumed but instead ought to be proved, in case of doubt one must err [even] on the side of one who is guilty, in case of doubt of presumption stands on the side of the superior, in case of doubt one must judge based on what ordinarily is the case what usually happens, in case of doubt one must err on the side of the validity of the act, in case of doubt favors should be extended and disfavors (hostilities) restricted, in doubtful matters one is bound by the minimum
What is a possessor?
not just a person, but also truth and falsity…
What is the superior?
the higher thing
What can be said regarding the validity of the act?
burden on proof is to prove invalidity
What is a moral system?
method of arriving at moral certainty from a state of practical doubt
What are the seven systems?
rigorism (absolute tutiorism), morderate tutiorism, probabiliorism, equiprobabilism, Pure probabilism, Lax probabilism, compensationism (system of sufficient cause)
What is rigorism?
maintains that the safer course must always be followed even though the opinion in favour of liberty is most probable (Condemned by Alexander VIII)
What is moderate tutiorism?
less safe opinion which favours liberty can be followed provided that it is most probable
What is probabiliorism?
one may follow the opinion that favours liberty so long as it is clearly more probable than the opinion in favour of the law
What is equiprobabilism?
when there are conflicting opinions which are eqaully or almost equally probable it is lawful to follow the opinion in favour of liberty when the doubt relates to the existence of law, but if the doubt concerns cessation of law then the law continues to bind
What is pure probabilism?
in case of doubt relating to the lawfulness of acts and not to their validity it is always lawful to follow the opinion in favour of liberty if the opinion is certainly probable, even though the opinion in favour of the law is more probable
What are the kinds of probability?
Intrinsic Probability and Extrinisc Probability?
What is intrinsic probability?
when founded on reasons taken from the nature of the matter to prove its truth
What is extrinsic probability?
based on authority of learned men
What is an opinion extrinsically probably?
five or six noteworthy authoritiesin favor or at least one outstanding doctor lk STA or SA
What are the three kinds of opinion?
certainly, doubtfully, slightly (all three depend on whether opinion rests on sold and firm arguments or doubtful or slight arguments
When is probability absolute?
arguments in favor of an opinion considered by themselves appear to be valid
When is probability relative?
arguments in favor of an opinion retain their value only when compared with the arguments supporting the contrary opinon
what is lax probabilism?
lawful to follow an opinion that is not only certainly probable but even when the opinion is doubtfully or slightly possible
What is compensationism (system of sufficient cause)?
one may follow a certainly probable opinion in favour of liberty, while abandoning a more probable opinion in favor of the law but when there is danger of sin there is required a sufficient reason for acting in favor of liberty
What are the natural means for the education of conscience?
good education from beginning of childhood, faithful and continual examination of conscience
What are the supernatural means?
fervent prayer to God, strenuous fight against man’s disordered passions with aid of divine grace, sacramental confession and obedience to spiritual director
