Merit_Law Flashcards
What is Merit (Mrt)?
that property of a good act which makes it deserving of reward and in CONCRETE it is the good act itself as deserving reward
What is the two kinds of Mrt?
condign and congruous
What is condign Mrt?
found in those good acts for which a reward is due injustice or at least because of some previous promise
What is congruous Mrt based on?
a certain equity or suitability e.g
What is an example of Condign and Congruous Mrt?
employee has strict claim in justice to a fixed salary (condign merit), but it is fitting that he receive some bonus’ from his boss (congruous)
How can both forms of Mrt exist?
perfect and less perfect
What is PERFECT condign (Cnd) Mrt?
based on strict justice, equivalent to the reward obtained which therefore cannot be withheld w/o a manifest violation of justice e.g. salary due to a worker (In the supernatural order only the God-Man possess perfect condign merit
What is CndMrt in its less perfect form?
an which to some extent is equivalent to the reward received. In this way man merits eternal life
What is PERFECT Congruous (Cng) Mrt?
rests on a genuine equity between the act and its reward, it is thus that man in the state of grace who is a fried of God can merit the conversion of another
What is Cng Mrt in its less perfect form?
form of a request e.g. man can mrt or request the grace of final perseverance
What six conditions must be verified for the existence of supernatural Mrt?
Work (Wrk) or act performed must be free, wrk must be morally good, wrk must be done from a desire to please the reward-giver, namely God i.e. some influence of charity, agent must be a wayfarer in this life, Agent must be in the state of sanctifying grace, Divine promise must exist
What is obseqium?
submission of the will
What is the object of merit?
that which can be merited in the sight of God by man’s acts
What acts can a man in a state of grace perform?
Cnd Mrt in reference to: eternal life, an increase of grace and glory
What can a man in the state of grace merit if performed in the state of Cng Mrt in its LESS perfect form?
final perseverance, restoration to divine friendship after a mortal sin that may be committed in the future
What can a man in the state of grace merit if performed in the state of Cng Mrt in its MORE perfect form?
temporal goods, actual graces and the conversion of others
What is the axiom of Psuedo-Dionysius
That act is good whose causes are complete; that act is evil in which a single cause is lacking.
What is effect of Mrt?
reward
What is cause of Mrt?
goodness
Which Mrt is more subjective?
congruous
Recovery of Mrt lost in mortal sin?
effects of absolution are always in proportion to the excellence of the dispositions with which sacrament received (basically dispositions of pentinent matter)
What is law?
ordinance of reason for the common good promulgated by the person who has care of the community
What is required by the ordinance of reason?
that it be efficacious and binding and that it be firm, stable, and enduring
What is “for the common good?”
purpose of any law
Can heroic acts be made law?
no because they are to difficult or impossible
what are the types of common law?
direct and indirect
What is the eternal law?
St Aug “divine reason and will of God commanding the preservation of the natural law and forbidding its disturbance”
What is STA’s definition of eternal law?
plan flowing from God’s wisdom directing all acts and movements
What is the Natural law (NL)?
rational creature’s particpation in the eternal law
How is natural law considered by God?
objectively
How is natural law considered by Man?
subjectively received
Why term “natural” law used?
man subject to NL from birth, contains precepts which are derived from nature of man, NL can be grasped by man’s reason w/o divine aid
What is the object of NL?
moral order as known by human reason and which has to be observed by man
What are the three types of precepts (tiers) in the NL?
primary, secondary, and remote
What is primary precept of NL?
e.g. most universal precepts i.e. good must be done
What is secondary precept of NL?
reasily recognized by man e.g. precepts of Decalogue
what is the remote conclusions regarding precepts?
those conclusions deduced by man’s reason w/ varying degrees of difficulty from the primary and secondary precepts e.g. direct abortion is always forbidden
What are the properties of NL?
universality (binds all men), immutability (cannot be changed within itself), indispensability (does not allow dispensation or equity)
What is epikeia
favourable interpretation of the mind of legislator where the law is in some way deficient
What is different kinds of law?
Divine law or human law
What is sub-division of Divine Law?
eternal, natural, positive
What is object of law?
affirmative (fosters action) or negative (forbids action)
Are affirmative always obligatory?
yes, but they do not bind to continuous fulfilment i.e. don’t oblige subjects to perform the prescribed acts every moment of the day
Are negative laws always binding?
yes, but in addition they never cease to bind i.e. they oblige their subjects to refrain from forbidden action on all occasions
Can one be ignorant of the “Primary Precepts” of Natural Law?
With remote conclusions only
Can one be ignorant of the “Secondary Precepts” of Natural Law?
For A Time e.g. adolescents and masturbation
What are the divisions positive precepts?
moral, judicial, ceremonial
How can pope make laws?
w or w/o consent of bishops or through ecumenical councils
What can be said regarding ecumenical councils?
enjoy most extensive power ofmaking laws and become legislators, decrees are not laws unless approved by pope
What are the three conditions STA says must be fulfilled?
consistent with religion (not contrary to divine law), consistent with discipline (conformity to Natural Law), promote human welfare (promote good of society)
What are the internal acts of Human Law (HL)?
completely or partly
What are the complete internal acts of Human Law (HL)?
exist in intellect and will and accompanied by external acts accidentally
What are partly internal acts of Human Law (HL)?
proceed from intellect and will but are directed to production of an external act by their nature or some moral law
Can partly internal acts be commanded by ecclesiastical and civil law?
yes, but w/ hesitation for man can do them mechanically by concealing true intention
Can civil authority command acts that are completely internal?
no since they make little contribution to the end of civil society
What is the first principle of the Subjects of HL?
all Baptized persons-and-these alone who enjoy the habitual use of reason after completing their seventh year are subject to purely ecclesiastical laws
What is an infant and child?
before completion of 7th year
When is puberty?
BOYS: before completion of 14th year and GIRLS: before completion of 12th year (Both are called “Impuber”)
What is a minor?
before compltion of 21st year
What is majority?
after completion of 21st year
What is the First Principle Concerning HLs?
Children are not subject to purely HLs even though they have already attained to the use of their reason
What is the Second Principle Concerning HLs?
Persons below the age of puberty are subject to those HLs suited to their condition, provided they are not granted a special exemption by customary or written law
What is the two-fold power of law?
PERCEPTIVE in so far as it urges man to observe the law and COACITVE so far as it punishes transgressors
What are the two types of legislators?
individual (e.g.pope, or president), and Legislative Assembly (provincial synod or Parliament)
What is the First Principle of A Legislator Subject to His Own Laws?
Each member of a legislative assembly is bound by its own laws
What is the Second Principle of A Legislator Subject to His Own Laws?
A legislator acting in an individual capacity is obliged indirectly by the perceptive power of his laws but not by their coactive power
Explain more regarding the Second Principle?
no one can be compelled in the strict sens of the word by himself and it is the power of the ruler that is the source of the compelling force of law
What is the First Principle of Strangers and Persons?
Strangers are not bound by laws that strictly territorial whether they apply 1) to the place of domicile
What is the Second Principle of Strangers and Persons?
Strangers are obliged to obey those common laws which are observed in the place where they are actually staying, even though in the place of their D or QD these laws have been legally abolished or suspended (so dispensation does not extend beyond territory)
What is the Third Principle of Strangers and Persons?
Strangers are entitled to use the priveleges and indults of the territory where they are staying
What is the Fourth Principle of Strangers and Persons?
Persons of no fixed abode are bound by all the laws of the place where they actually reside
