Art. 2: THE DUTIES OF MEMBERS OF DOMESTIC AND CIVIL SOCIETY
2613. The Duties of Husbands and Wives.—Conjugal obligations may be classed under three heads according to the three ends of marriage.
(a) Thus, the first blessing of marriage is offspring, and this imposes upon parents the obligation of providing for their children and of training them in mind and will (see 2630 sqq.).
(b) The second blessing of marriage is fidelity to the engagement made by husband and wife to deliver to each other exclusive power over their bodies for procreation (conjugal debt) and to love each other with a special but pure affection: “The wife hath not power of her own body, but the husband; and in like manner the husband hath not power of his own body but the wife” (I Cor., vii. 4); “Husbands, love your wives as Christ also loved the Church” (Eph., v. 25). Conjugal love admits no rivals; the husband must prefer his wife to every other woman, and the wife likewise must think more of her husband than of any other man (see 1179).
(c) The third blessing of marriage is the Sacrament or the unbreakable bond of marriage: “The Lord commanded that the wife depart not from the husband, and if she depart that she remain unmarried, or be reconciled to her husband. And let not the husband put away his wife” (I Cor., vii. 10). This imposes the duties of a permanent domestic society in which the spouses dwell together permanently and each has certain special functions of assistance to the other.
2614. The Obligation of Paying the Conjugal Debt.—(a) The duty is one of justice, since it arises from the contract of marriage, in which the parties freely and solemnly bind themselves to it as the subject-matter of their pact.
(b) The obligation is grave, since the marriage contract is one of the most momentous of human agreements, its direct end being the propagation of the race, while the denial of its essential right is productive of most serious evils, such as incontinence, scandals and the disruption of families. There is light matter, however, as when the request is not imperative, or the denial is infrequent and without danger of incontinence.
2615. Absence of Obligation.—The obligation of paying the conjugal debt does not exist, however, when the right to make the request has been lost or when the request is unreasonable.
(a) Thus, the right to make the request is lost when one party has broken faith by committing adultery and has not been forgiven by the innocent party, and also when one party is incapable (e.g., on account of insanity or drunkenness) of asking in a rational manner.
(b) The request is unreasonable, first, when it is immoderate (e.g., when it cannot be granted without serious and unusual detriment to health, or without danger of death, or without likelihood of abortion or other great harm to a child conceived or to be conceived); secondly, when it is seductive (e.g., when it is an invitation to commit onanism).
2616. Suspension of Obligation.—The obligation of granting and the right of requesting conjugal relations are suspended when the marriage is discovered to be null or uncertain.
(a) Thus, if the marriage is certainly null, abstinence is necessary until the marriage is made valid; otherwise the parties are guilty of fornication. But if nullity is due to a merely ecclesiastical impediment, the impediment probably ceases in cases of most grave inconvenience when the nullity is known to only one spouse and the dispensation cannot be obtained at once.
(b) If the marriage is only doubtfully null, abstinence is not necessary unless both parties have a serious doubt and no examination has yet been made. Light doubts should not be considered, nor doubts that have not been corroborated by investigation; while, if only one party doubts, he or she cannot refuse the debt lest injustice be done the other.
2617. Is There an Obligation of Requesting Conjugal Intercourse?—(a) _Per se_, there is no obligation, since one may lawfully decide not to enjoy one’s right, and not to use what belongs to one. As man and wife were free to marry or not to marry, so are they free to agree either to consummate or not consummate marriage. It is even lawful for married people to contract together to abstain temporarily or permanently from marriage relations (e.g., for the sake of health, or of economy, or of mortification). By mutual consent one or both may make a vow of chastity, as was done by St. Joseph and the Blessed Virgin, or the husband may enter the priesthood and the wife become a nun.
(b) _Per accidens_, there is often an obligation of requesting intercourse, for experience shows that continual non-use of marriage often leads to incontinence or to loss of affection (see 2228).
2618. The Morality of Venereal Acts of Marriage.—(a) Non-consummated Acts.—These acts, whether internal or external, are lawful _per se_ when they are used only as accessories to the act of marriage or as means to foster or preserve conjugal love, for the acts are meant by God to serve the purposes mentioned (2510). But _per accidens_ there may be venial sin, on account of inordinateness in the motive (i.e., when only pleasure is intended), or in the manner (i.e., when due decency is not observed). There is mortal sin when these acts are not referred to the lawful conjugal act, but either directly or indirectly to pollution, namely, when there is foreseen proximate danger of pollution and the acts are either solitary or cooperative but performed without sufficient reason (such as expressions of special affection), for pollution is gravely sinful in the married, as well as in the single state (see 2539 sqq.).
(b) Natural Consummated Act.—This act in itself is not only lawful, but meritorious, because it exercises such virtues as obedience (Gen., i. 28), justice (I Cor., vii. 3 sqq.), and love of the common good and religion (Tob., viii. 9). Since marriage intercourse has for its ends not only reproduction, but also the expression of mutual love and the allaying of concupiscence, it is lawful even when conception is impossible or less probable, as when the parties are sterile, or the woman is pregnant, or during the so-called agenesic period, or at the time of lactation. It is a venial sin to exercise the conjugal act when one excludes every motive except that of pleasure (Denziger, n. 1159); and there may be even mortal sin on account of circumstances, such as place (e.g., scandal to others present), manner (e.g., external immoderation, internal desire of another person), evil consequences (e.g., when one of the parties has a contagious or veneral disease, when abortion will likely result, etc.).
(c) Unnatural Consummated Acts.—Pollution is mortally sinful (2535 sqq.), and is worse in married than in single persons, as being an injury to the faith pledged in marriage; and hence it is not lawful to practise it even for the purpose of artificial fecundation. Rectal copulation is also gravely sinful, being unnatural lust (see 2534) and a violation of conjugal faith. The usual forms of unnatural vaginal coition, which are very much practised today, are contraceptive in purpose, and are of two general kinds in the procedure—the physiological or preventive, which uses instruments to keep the semen from the uterus (such as sponges or pessaries for the female, condoms or protectors for the male), or which employs douches or syringes to remove semen from the vagina, or uses chemicals to devitalize it.
2619. Nota.—(a) Non habetur onanismus, nec peccatum, si copula abrumpitur, ex necessitate (v.g., ad vitandum scandalum persona inopinate supervenientis), vel ex utilitate, mutuo dato consensu et periculo pollutionis excluso; nam seminatio extra vas, aut involuntaria est, aut nulla.
(b) Non habetur contraceptio nec peccatum, sed potius actus honestus, si, ob defectum physicum viri vel mulieris, naturae adjuvetur mediis artificialibus ut copula fiat, vel ut semen introducatur in uterum; nam fini matrimonii non obstat, sed obsecundat iste modus agendi.
(c) Artificial Insemination. The subject-matter of the latter part of the preceding paragraph is distinguished from several unlawful practices considered by moralists under the heading of artificial insemination. Pope Pius XII on several occasions has given a clear, accurate and complete statement of Catholic teaching on the subject. We append here his texts:
1) The practice of artificial insemination, when it refers to man, cannot be considered, either exclusively or principally, from the biological and medical point of view, ignoring the moral and legal one.
Artificial insemination, outside of marriage, must be condemned as essentially and strictly immoral.
Natural law and divine positive law establish, in fact, that the procreation of a new life cannot but be the fruit of marriage. Only marriage safeguards the dignity of the spouses (principally of the wife in the present case) and their personal good. It alone provides for the well-being and education of the child.
It follows that no divergence of opinion among Catholics is admitted on the condemnation of artificial insemination outside of marriage. The child conceived in those conditions would be, by that very fact, illegitimate.
Artificial insemination produced in a marriage by the active element of a third party is equally immoral and consequently to be condemned without appeal.
Only the spouses have a reciprocal right upon each other’s body to generate a new life: an exclusive, inalienable right, which cannot be ceded. And so it must be, even out of consideration for the child. On whoever gives life to a small being, nature imposes, by the very strength of that tie, the duty to keep and educate it. But no ties of origin, no moral or legal bonds of conjugal procreation, exist between the legitimate husband and the child who is the fruit of the active element of a third party (even if the husband has given his consent).
As far as the legitimacy of artificial insemination in marriage is concerned, it suffices, for the moment, to recall these principles of natural law: the simple fact that the result desired is obtained by this means does not justify the use of the means itself; nor does the desire of the husband and wife, in itself perfectly legitimate, to have a child, suffice to establish the legitimacy of resorting to the artificial insemination which would satisfy this desire.
It would be erroneous, therefore, to think that the possibility of resorting to this means might render valid a marriage between persons unable to contract it because of the _impedimentum impotentiae_.
On the other hand, it is superfluous to mention that the active element can never be obtained legitimately by means of acts against nature.
Although new methods cannot be ruled out a priori for the sole reason of their novelty, nonetheless, as far as artificial impregnation is concerned, extreme caution is not enough; it must be absolutely excluded. Saying this does not necessarily proscribe the use of certain artificial means destined only to facilitate the natural act, or to assure the accomplishment of the end of the natural act regularly performed.
Let it never be forgotten that only the procreation of a new life according to the will and the designs of the Creator brings with it, to a marvelous degree of perfection, the accomplishment of the proposed ends. It is at the same time in conformity with corporeal and spiritual nature and the dignity of the married couple, as well as with the healthy, normal development of the child (Address to Physicians, Sept. 29, 1949, _Discorsi e Radiomessaggi_, vol. xi, pp. 221 ff).
2) We also believe that it is of capital importance for you, gentlemen, not to neglect this perspective when you consider the methods of artificial fecundation. The means by which one tends toward the production of a new life take on an essential human significance inseparable from the desired end and susceptible of causing grave harm to this very end if these means are not conformable to reality and to the laws inscribed in the nature of beings.
We have been asked to give some directives on this point also. On the subject of the experiments in artificial human fecundation “in vitro,” let it suffice for Us to observe that they must be rejected as immoral and absolutely illicit. With regard to the various moral problems which are posed by artificial fecundation, in the ordinary meaning of the expression, or “artificial insemination,” We have already expressed Our thought in a discourse addressed to physicians on September 29, 1949 (_Discorsi e Radiomessaggi_, vol. xi. pp. 221 ff.). For the details We refer you to what We said then and We confine Ourself here to repeating the concluding judgment given there: “With regard to artificial fecundation, not only is there reason to be extremely reserved, but it must be absolutely rejected. In speaking thus, one is not necessarily forbidding the use of certain artificial means destined solely to facilitate the natural act or to achieve the attainment of the natural act normally performed.” But since artificial fecundation is being more and more widely used, and in order to correct some erroneous opinions which are being spread concerning what We have taught, We have the following to add:
Artificial fecundation exceeds the limits of the right which spouses have acquired by the matrimonial contract, namely, that of fully exercising their natural sexual capacity in the natural accomplishment of the marital act. The contract in question does not confer on them a right to artificial fecundation, for such a right is not in any way expressed in the right to the natural conjugal act and cannot be deduced from it. Still less can one derive it from the right to the “child,” the primary “end” of marriage. The matrimonial contract does not give this right, because it has for its object not the “child,” but the “natural acts” which are capable of engendering a new life and are destined to this end. It must likewise be said that artificial fecundation violates the natural law and is contrary to justice and morality [1] (_Marriage and Parenthood_, May 19, 1956). See _The Pope Speaks_, Vol, III, No. 2, Autumn of 1956, pp. 194 ff.
[1] The Holy Father here spoke for several minutes in Latin as follows:
Alia nunc occurrit quaestio, ad quam pertractandam magis addecet latinam linguam adhibere.
Quemadmodum rationalis animus noster artificiali inseminationi adversatur, ita eadem ethica ratio, a qua agendi normo sumenda est, pariter vetat, quominus humanum semen, peritorum examini subiciendum, masturbatiouis ope procuretur.
Hanc agendi rationem attigimus Nostra quoque allocutione coram Urologiae doctoribus coetum participantibus, die VIII mensis Octobris anno MDCCCCLIII prolata, in qua haec habuimus, verba: “Du reste le St-Office a decide deja le 2 aout 1929 (_Acta Ap. Sedis_, vol. XXI a. 1929, p. 490, II) qu’une “‘masturbatio directe procurata ut obtineatur sperma’ n’est pas licite, ceci quel que soit le but de l’examen” (_Discorsi e Radiomessaggi_ vol. XV, pag. 378). Cum vero Nobis allatum sit, pravam huiusmodi consuetudinem pluribus in locis invalescere, opportunum ducimus nunc etiam, quae tunc monuimus, commemorare atque iterum inculcare.
Si actus huiusmodi ad explendam libidinem ponantur, eos vel ipse naturalis hominis sensus sua sponte respuit, ac multo magis mentis iudicium, quotiescumque rem mature recteque considerat. Iidem actus tamen tunc quoque respuendi sunt, cum graves rationes eos a culpa eximere videntur, uti sunt: remedia iis praestanda qui nimia nervorum intentione vel abnormibus animi spasmis laborant; medicis peragenda, ope microscopii, spermatis inspectio, quod venerei vel alius generis morbi bacteriis infectum sit; diversarum partium examen, ex quibus semen ordinarie constat, ut vitalium spermatis elementorum praesentia, numerus, quantitus, forma, vis, habitus aliaque id genus dignoscuntur.
Eiusmodi procuratio humani seminis, per masturbationem effecta, ad nihil aliud directe spectat, nisi ad naturalem in homine generandi facultatem plene exercendam; quod quidem plenum exercitium, extra conjugalem copulam peractum, secum fert directum et indebite usurpatum eiusdem facultatis usum. In hoc eiusmodi indebito facultatis usu proprie sita est intrinseca regulae morum violatio. Haudquaquam enim homo ius ullum exercendi facultatem sexualem iam inde habet, quod facultatem eandem a natura recepit. Homini nempe (secus ac in ceteris animantibus rationis expertibus contingit) ius et potestas utendi atque exercendi eandem facultatem tantummodo in nuptiis valide initis tribuitut, atque in iure matrimoniali continetur, quod ipsis nuptiis traditur et acceptatur. Inde elucet hominem, ob solam hanc causam quod facultatem sexualem a natura recepit, non habere nisi potentiam et ius ad matrimonium ineundum. Hoc ius tamen, ad objectum et ambitum quod attinet, naturae lege, non hominum voluntate discribitur; vi huius legis naturae, homini non competit ius et potestas ad plenum facultatis sexualis exercitium, directe intentum, nisi cum coniugalem copulam exercet ad normam a natura ipsa imperatam atque definitam. Extra hunc naturalem actum, ne in ipso quidem matrimonio ius datur ad sexuali hac facultate plene fruendum. Hi sunt limites, quibus ius, de quo diximus, eiusque exercitium a natura circumscribuntur. Ex eo quod plenum sexualis facultatis exercitium hoc absolute copulae coniugalis limite circumscribitur, eadem facultas intrinsece apta efficitur ad plenum matrimonii naturalem finem assequendum (qui non modo est generatio, sed etiam prolis educatio), atque eius exercitum cum dicto fine colligatur. Quae cum ita sint, masturbatio omnino est extra memoratam pleni facultatis sexualis exercitii naturalem habilitatem, ideoque etiam extra eius colligationem cum fine a natura ordinato; quamobrem eadem omni iuris titulo caret atque naturae et ethices legibus contraria est, etiamsi inservire intendat utilitati per se iustae nec improbandae.
Quae hactenus dicta sunt de intrinseca malitia cuiuslibet pleni usus potentiae generandi extra naturalem coniugalem copulam, valent eodem modo cum agitur de matrimonio iunctis vel de matrimonio solutis, sive plenum exercitium apparatus genitalis fit a viro sive a muliere, sive ab utraque parte simul agente; sive fit tactibus manualibus sive coniugalis copulae interruptione; haec enim semper est actus naturae contrarius atque intrinsece malus.
2620. Contraception.—Contraception in all its forms (onanism, condonism, vaginal irrigation, spermatocide) is a grave crime.
(a) It is an Injury to God.—Marriage was instituted by God to propagate the human race (Gen., i. 27, 28) and to bless homes with children (Ps., cxxvi, cxxvii), and He has made it a sacred institution and a Sacrament. Contraception defeats the ends of marriage and degrades it to the level of a mere instrument of carnal gratification. The hatred of God for this sin appears in general from the horror with which Scripture speaks of unnatural lust, and in particular from the case of Onan, whose sin is called detestable and whom God slew in punishment (Gen., xxxviii. 10).
(b) It is an Injury to Society.—The perpetuation of the human race is endangered as soon as marriage is abused as to its natural end. Hence, after the crime of homicide which destroys human life already in existence, contraception seems to rank next in enormity, since it prevents human life from coming into existence. This vice spreads moral degeneracy and decay from the home itself, and is rightly called race-suicide, since it depopulates and destroys the nation by the act of its own people.
(c) It is an Injury to the Family.—The happiness and success of the home depend chiefly on the respect which its members have one for the other and on the cultivation of the sturdy virtues that strengthen character. The husband and wife who practise onanism or other similar carnal vices cannot have the mutual respect they should have; the wife is deprived of the treasure of her modesty and is treated as a prostitute rather than as an honored wife and mother, and the husband is brutalized by the removal of the natural restraint to his sex passion. Such self-indulgent persons will either selfishly neglect the one or two children they may have, or will spoil them for life by the luxury and laziness in which they are reared.
(d) It is an Injury to the Individual.—As concerns the body, there is a perversion of the sex act from its definite use and specific end, and hence contraception has been described as “reciprocal masturbation.” As regards the soul, its higher goods of will and intellect are subordinated by the contraceptionist to the delight of passion, the lower impulses are greatly strengthened and self-control made more and more difficult, and the spiritual objectives that should prompt a rational creature are sacrificed for the passing gratification that moves the beasts.
2621. Some Arguments of Neo-Malthusians and Other Advocates of Contraception.—(a) Necessity for the Individual.—“This practice is demanded by comfort (e.g., in order to have a good and easy time, to have more opportunity for pleasures and occupations outside the home, to preserve form and beauty, to escape the troubles of child-bearing and child-rearing), or by utility (e.g., in order that suffering wives be freed from the slavery of excessive child-bearing, in order that children receive more attention and care than is possible in large families).” This argument from comfort is unworthy of any but a pagan or materialist, for the end of existence is something higher than pleasure or escape from all hardship. But even if happiness alone be considered, the childless home is not the most cheerful, and it often happens that parents who have sinfully limited their parenthood will lose an only child and be left sterile and desolate. The argument from utility proves only that sometimes (not often) it is inadvisable for a couple to have any or many children, but it does not prove that family limitation through means forbidden by the laws of God and of nature is permissible. The normal woman is not harmed but helped by child-bearing, whereas onanism and other unnatural vices are fearfully damaging both to mental and physical health. Experience too shows that mothers of five or more children live longer, and that children from large families are very often superior in qualities and achievements and stand a better chance in life. Exceptions only emphasize the rule.
(b) Necessity for the Family.—“Large families are impossible to many persons because the high cost of children today (expenses for clothing, food, medical care, schooling, etc.) is beyond their means.” The inability to support many children is often due to extravagance or to insufficient wages, and the remedy lies in prudent economy or in improvement of the economic condition of workers, not in the abuse of marriage. The weakness of the objection is shown from the fact that race-suicide is more common among the well-to-do than among the poorer classes. However, in a genuine case of inability to maintain a large family, limitation of children is a duty, but not by means of the sin of contraception or onanism.
(c) Necessity for the Community.—“The cause of unemployment, destitution, famine and war is the overpopulation of the world. Moreover, if the poorer classes would practise contraception and the better-to-do classes have larger families, the standard of living of the former would be raised, the culture of the latter would be preserved, and the quality of the whole race be greatly improved.” The resources of the earth are easily adequate to support many times the present population, and the misfortunes referred to are due, not to the number of people who inhabit the earth, but to accident or to human greed or imprudence. The eugenic argument is a vain dream, for the history of nations and modern facts show that the ideal of race improvement makes little appeal when the easier way of indulgence has been learned. As said above, it is the wealthy and educated classes who have the fewest children.
(d) Necessity of a Moral Kind.—“Contraception is a useful control of nature similar to that employed by physicians, surgeons and other scientists; it is not a contradiction of nature, since it preserves the end of the sexual faculty in expressing physical love. The motives of those who use it are not necessarily carnal, but may be of a very Christian kind (e.g., the need of limitation of family in order the better to practise one’s vocation, or in order to spare one’s wife, or to keep her from abortion), and they may sincerely believe it to be lawful.” Contraception does not control, but defeats nature, by voluntarily frustrating the primary end which nature has in view, and, if permitted, it logically leads to every kind of sensual indulgence. The motives or conscience of those who use it cannot change its character, for the end does not justify the means and a wrong conscience does not change the law. Those who have not been spoiled or misled by contraceptive propaganda or advice, instinctively regard artificial birth-control as well as onanism with disgust.
2622. Is Birth-Control Ever Lawful?—(a) If this refers to an end (viz., the limitation of the number of children or the spacing of their arrival), it is not unlawful in itself (see 2617); and it is sometimes a duty, as when the wife is in very poor health or the family is unable to take care of more. But in view of the decline and deterioration in populations today, it seems that couples who are able to bring up children well should consider it a duty to the common welfare to have at least four children, and it should be easy for many to have at least a dozen children. The example of those married persons of means who are unable to have a number of children of their own, but who adopt or raise orphaned little ones, is very commendable.
(b) If birth control refers to a means of family limitation, it is lawful when that means is continence or abstinence from marital relations, not if it is onanism or the use of mechanical or chemical means to prevent conception. The objection that husbands cannot restrain themselves is really an insult to God’s grace and is contradicted by numerous facts. A man of manly character should be ashamed to admit that he is the slave of passion, and the fact that God commands chastity and that millions obey Him both in the wedded and single state is sufficient proof that, even though hard, sexual abstinence is not impossible, if there is a real resolve and the right means are employed, such as rooming apart and concentration on other and higher things.
Continence or abstinence is counselled by the Church should conditions make the conception of children inadvisable. It is counselled, not commanded, since it involves heroic sacrifice which makes it all the more meritorious and praiseworthy: “It is wronging men and women of our times to deem them incapable of continuous heroism. Today, for many reasons—perhaps with the goad of hard necessity and even sometimes in the service of injustice—heroism is exercised to a degree and to an extent which would have been thought impossible in days gone by. Why. then, should this heroism, if the circumstances really demand it, stop at the borders established by the passions and inclinations of nature? The answer is clear. The man who does not want to dominate himself is incapable of so doing. He who believes he can do so, counting merely on his own strength without seeking sincerely and perseveringly help from God, will remain miserably disillusioned” (Pope Pius XII, _Allocution to the Italian Catholic Union of Midwives_, Oct. 29, 1951).
Another lawful means of family limitation is “periodic continence” or “rhythm,” the deliberate avoidance of conception by restricting intercourse, temporarily or permanently, to the days of natural sterility on the part of the wife. Many of the faithful are under the impression that the system has received the unqualified approval of the Church, that it constitutes a form of “Catholic Birth-Control.” This is not completely true.
All theologians agree that the use of marriage during the sterile period is not _per se_ illicit. The act is performed in the natural way; nothing has been done positively to avoid conception; and the secondary ends of matrimony, mutual love and the quieting of temptation, have been fostered. “If the carrying out of this theory means nothing more than that the couple can make use of their matrimonial rights on the days of natural sterility, too, there is nothing against it, for by so doing they neither hinder nor injure in any way the consummation of the natural act and its further natural consequences” (Pope Pius XII, ibid.).
“If, however, there is further question—that is, of permitting the conjugal act on those days exclusively—then the conduct of the married couple must be examined more closely” (ibid).
The following points summarize papal teaching on this aspect:
1) A premarital agreement to restrict the marital right and not merely the use to sterile periods, implies an essential defect in matrimonial consent and renders the marriage invalid. 2) The practice is not morally justified simply because the nature of the marital act is not violated and the couple are prepared to accept and rear children born despite their precautions. 3) Serious motives, (medical, eugenic, economic and social), must be present to justify this practice. When present, they can exempt for a long time, perhaps even for the duration of the marriage, from the positive obligations of the married state. 4) The married state imposes on those who perform the marital act the positive obligation of helping to conserve the human race. Accordingly, to make use of the marital act continuously and without serious reason to withdraw from its primary obligation would be a sin against the very meaning of conjugal life (ibid.).
Pope Pius explicitly confirmed the common teaching of theologians: 1) Rhythm, by mutual consent, for proportionate reasons, and with due safeguards against dangers would be licit. 2) Without a good reason, the practice would involve some degree of culpability. Not expressly confirmed, but simply an expression of common moral principles is the common agreement: 3) That the sin could be mortal by reason of injustice, grave danger of incontinence, serious family discord, etc.
Since the Allocution, the more common opinion in this country asserts that the Holy Father taught: 1) that married people who use their marital right have a duty to procreate; 2) that this duty is binding under pain of sin; 3) there are, however, reasons that excuse the couples from this obligation and, should they exist for the whole of married life, the obligation does not bind them at all; 4) the sin does not consist in the exercise of marital rights during the sterile periods; but in abstention from intercourse during the fertile periods precisely to avoid conception, when the couple could have and should have made its positive contribution to society. Sin is present when the practice is unjustifiedly undertaken; 5) the formal malice of illicit periodic continence is not against the sixth commandment; i.e., against the procreation of children or the use of the generative faculty, but against the seventh commandment, i.e., against social justice. The couple is not making its contribution to the common good of society; 6) from 4 and 5 above, it follows that the individual acts of intercourse during a period of unjust practice of rhythm do not constitute numerically distinct sins. Rather, granting the continuance of a single will act to practice rhythm, there is one sin for the whole period of illicit abstention during the fertile periods.
Since the Pope abstained from an explicit statement on the gravity of the sin, the controversy of whether the practice intrinsically is a mortal sin or not continued. The opinion in this country which holds the greatest authority states that mortal sin is involved in the case of continued practice with a total exclusion of children and frequent use of marital rights during the sterile period.
Diversity of opinion has arisen as to the means of estimating when a serious sin has been committed. Some have used a temporal norm, e.g., unjustified use of rhythm for five or six years would constitute a serious matter. Undoubtedly most of the proponents of this norm would not accuse a couple of certain mortal sin if they already have one or more children; after that, indefinite use of the practice without excusing causes would not be a mortal sin. (This is admitted by most theologians.) Others have proposed a numerical norm as a basis to determine whether or not a couple has made its contribution to the conservation of the race. Concretely the proponents of this theory regard four or five children as sufficient to satisfy the obligation in such a way;
a) that the use of rhythm to limit the family to this number is licit provided the couple is willing and morally able to practice it;
b) that the limitation through rhythm to less than four requires a serious justifying cause. The intention involved to prevent conception would be seriously sinful in itself, since it causes great harm to the common good and involves in practice subordination of the primary to the secondary end or ends of matrimony. At the present time this opinion seems to be more favored in America than the first which places the gravity of the sin in the unjustified practice of rhythm for five years. (For a survey of recent opinion, see the _Conference Bulletin of the Archdiocese of New York_, Vol. XXXIV, No. 1, pp. 36 ff.)
On the other hand, some European theologians have denied that the practice constitutes a mortal sin in itself, independently of circumstances such as injustice and danger of incontinence.
The present state of opinion, then, is definitely undecided and calls for caution both in dealing too severely with penitents or too readily recommending the practice. The response of the Sacred Penitentiary of June 16, 1880, affords a safe guide in practice: “Married couples who use their marriage rights in the aforesaid manner are not to be disturbed, and the confessor may suggest the opinion in question, cautiously, however, to those married people whom he has tried in vain to dissuade from the detestable crime of onanism.”
As to the theological censure to be attached to “rhythm,” it is not approved, nor recommended, but seems to be tolerated for sufficiently grave reasons. “Instead of being freely taught and commended, it is rather to be tolerated as an extreme remedy or means of preventing sin” (Official Monitum, Patrick Cardinal Hayes, Sept. 8, 1936, _Conference Bulletin of Archdiocese of New York_, Volume XIV, No. 2, p. 78).
2623. Cooperatio Uxoris ad Onanismum vel Contraceptionem.—(a) Cooperatio formalis graviter illicita est, quum includat approbationem ipsius peccati. Unde graviter peccat uxor quae suis quaeremoniis de molestiis graviditatis virum cogit ad congressum onanisticum, vel quae nec interdum conatur eum avertere ab iniquo consilio onanistice congrediendi, vel quae active adjuvat abruptionem copulae, vel quae interne gaudet de ipso peccato (1513).
(b) Cooperatio materialis ad onanismum ex gravi causa (e.g., ex metu fundato rixarum, molestae cohabitationis, adulterii viri) licet; nam actio mulieris, scil. copulam habere naturalem, honesta est, atque causa sufficiens adest permittendi abusum factum a comparte (1515 sqq.). Imo uxor debitum petere potest a suo viro onanistico, si secus diu abstinere cogeretur ab omni usu conjugii cum periculo incontinentiae, quia caritas erga virum non obligat ad abstinentiam cum tanto incommodo.
(c) Cooperatio mere materialis ad contraceptionem, non videtur possibilis; nam copula contraceptiva est intrinsece et ab initio mala (1517, 1527). Unde uxori nec petere debitum licet, nec passive se habere. Sed qualibet vice tenetur positive pro viribus resistere. Sin autem gravissima causa sit actum permittendi, ut puta periculum mortis, eam tantum resistentiam opponere debet ad quam obligatur virgo oppressa (2497), consensu ut patet denegato (See _Irish Ecclesiastical Record_, June, 1940, pp. 634 ff., and March, 1948, pp. 244 ff.)
2624. Recapitulatio de Licitis et Illicitis in Conjugio.—(a) Illicita graviter sunt extra matrimonium facta, v.g., moechia, mollities solitaria, alienae conjugis concupiscentia; sed probabiliter actus imperfecti et solitarii in proprium corpus exerciti leve non excedunt, citra periculum pollutionis, siquidem in delectationem veneream quae in conjugio licita est natura sua ordinentur, sicque minus indecentes fiant.
(b) Illicita graviter sunt intra matrimonium facta sed contra finem, i.e., naturae matrimonii seu generationi prolis repugnantia, ut sunt pollutio mutua, onanismus, impudicitia quae non in copulam sed in pollutionem tendit.
(c) Illicita leviter sunt intra matrimonium facta sed praeter finem, i.e., qum generationi nec prosunt, nec obsunt, sed in circumstantiis aliquam prae se ferunt inordinationem (e.g., copula ob solam voluptatem habita), imprudentiam (e.g., copula tempore parum apto habita), immoderantiam (e.g., impudicitia pudori nociva, situs innaturalis, ut si stent vel vir succubet, ex levitate electus).
(d) Licita sunt intra matrimonium facta, quae tum ex parte objecti (scil., quia actus ordinatur ad finem matrimonii), tum ex parte circumstantiarum (scil., quia debito tempore, loco, modo, etc., ut prudentia exigit, exercentur) rationi rectae concordant. Unde non peccant conjuges sibi licita concupiscendo vel de iis gaudendo. Immo mulier onanistae licite cooperata non est peccati arguenda si gavisa sit de ipsa copula vel de bonis ejus effectibus, vel (saltem quando probabile videtur se semen excipisse) si ad completam voluptatem se excitaverit.
2625. Regulae pro Confessariis.—(a) Interrogationes.—Si nulla ratio est suspicandi copulam modo innaturali exerceri, praestat ut plurimum de circumstantiis (v.g., de motivo copulae) non quaerere, ne conjuges taedio afficiantur vel bona fide inutiliter priventur. Si tamen fundata suspicio est abusum matrimonii celari, hac de re confessarius inquirere debet, sed prudenter, ne scandalo sit poenitentibus verbis indiscretis.
(b) Monitiones.—Si deprehenditur poenitentem onanistam esse, per se severe reprehendendus est (quod de viro praesertim dicitur) nec absolvendus nisi signa contritionis prius dederit; per accidens autem, si datur ignorantia invincibilis et monitio nullatenus profutura praevidetur, poenitens in bona fide relinquatur.
2626. Marriage as a Sacrament.—The third benefit of marriage is that of the Sacrament. The union of man and wife is not merely a physical union, but also a social one, and it should be modelled on the union of Christ and the Church: “This is a great sacrament; but I speak in Christ and the Church” (Eph., v. 32).
(a) Christ abides with the Church, and so the husband should dwell with his wife (Matt., xix. 5). The cohabitation of the parties is demanded by the very nature of the promises made in marriage, and hence it is wrong for the husband to be absent from the home for notable periods of time, or, what is worse, to drive his wife from home—or vice versa. Grave reasons and mutual consent justify long absences, as when the husband is called away on distant business; but, if he goes away for a considerable part of the year, he should, if possible, take his wife with him, or visit or write to her frequently. Very grave reasons suffice for obtaining a separation, either permanent, on account of adultery, or during the continuance of the reason, as when there is serious unhappiness (Canons 1128 sqq.).
(b) Christ is the head of the Church, and so also the husband is superior to the wife in authority (Eph., v. 23). Ordinarily man excels in the qualities suited for rule of the home (such as physical strength, decision, courage), and hence as every society, no matter how small, must have a head, the husband is the natural head of the home. But obedience is due a husband in domestic matters in which he is head of the house—for example, the choice of the place of residence, the management of the family income, the discipline of the children, but not in the wife’s personal affairs (e.g., her conscience, her politics, her property)—and only in commands that do not exceed his authority, for he has no power to command if he is irrational, and he has no claim to obedience if he orders something sinful or foolish. Moreover, since the wife is a partner and not a servant, and since she usually excels as sympathetic and wise adviser and careful household manager and is naturally more virtuous, the husband should consult with her on important family questions and decide them as far as possible by mutual consent, and should gladly leave to her sole control and direction the many things in which she is more competent than himself.
(c) Christ gave Himself for the Church (Eph., v. 25), and so also the husband has the duty of providing for his wife, spiritually and temporally. Usually the man should attend to the external affairs of the family (such as its support and protection), while the wife should take care of the internal affairs (such as the housekeeping and the training of the children). It is to be regretted that the smallness of the husband’s salary often compels the wife to work outside her home. Women should not be compelled to take up occupations unsuited to their sex, much less those that interfere with the supreme duty of motherhood. Injury done the common personal goods of husband and wife by one of them is unjust, if due to illegal action; it is at least uncharitable, if due to carelessness. The family goods are usually under the control of the head of the family. The wife has no right to use the earnings of her husband without his consent, unless he fails to provide suitably for his family, or uses his money extravagantly.
2627. The Duties of Persons Engaged to Marry.—We shall speak first of the duty of entering into a nuptial engagement, and next of the duties which engagement imposes.
(a) _Per se_, there is no obligation for an individual to marry, for the need of marriage is not a personal but a social one, and social duties do not all fall upon each particular person. Each person must take necessary food, for without it the individual perishes, and eating is thus an individual duty; but each person need not be a soldier, or farmer, or builder, or merchant, or married; for it suffices that these offices be fulfilled, one by one individual, another by another. Indeed, if marriage is an impediment to a more urgent good of the common welfare (e.g., perilous public service incompatible with married life), or of private good (e.g., the duty of maintaining parents, the wish to remain single because one feels oneself unsuited for marriage or called to continence), marriage should not be chosen.
(b) _Per accidens_, there is sometimes a duty of marrying on account of public or private necessity. Thus, if the community is depopulated by race-suicide, the public good should move suitable persons to marry in order to assist the birth rate; for, if those are considered slackers who refuse their service or money in war time when the nation is threatened with death from without, are not those also culpable who will not assist a community threatened with extinction from within? Marriage is also obligatory on those who feel that they are unable to live continently, and will be lost unless they marry (I Cor., vii. 9). In case of seduction, marriage is a form of restitution to the injured girl, but since forced marriages are usually unhappy, the injury should be atoned for in some other way if the seducer does not care for the girl or is not desirable himself (see 1803).
2628. The Duties Imposed by Engagement to Marry.—(a) Before Engagement.—Courtship is lawful for those who intend to marry, for without it the mutual knowledge which is requisite for a prudent choice is impossible. But courtship should be employed, not as a period of pleasure and extravagance, but as an opportunity for learning the suitability of the parties, one for the other, and their desirability in virtue, religion, sanity, intelligence, health, wealth, position, love of children, sobriety, steadiness, etc. Visits are lawful during courtship, but not the same familiarity as is permissible after engagement. The time of wooing should not be protracted, and as a rule after a year the parties should either become engaged or decide they are not well matched.
(b) At the Time of the Engagement.—The parties are gravely bound to make known to each other all personal defects which cannot be concealed without serious injustice, such as the lack of virginity or other quality which one party makes a _conditio sine qua non_, or the presence of a diriment impediment or of a very harmful or displeasing characteristic (such as venereal disease, sterility, disgrace, race, the fact that one is a widow, etc.). There is no duty of justice to manifest defects whose concealment will not be detrimental (such as poverty, lowly origin), but there may be a duty of charity to reveal them, as when their concealment now will lead to an unhappy marriage. As to fornication, the man is not obliged to confess it, unless perhaps when he has an illegitimate child; nor the woman, unless she is actually pregnant, or cannot keep the matter hidden afterwards and can make it known without serious harm to herself (see Self-defamation, 1577; cfr. 1978, 2132). But those who have been guilty of these mistakes should undergo a test on the question of physical health.
(c) During the Engagement.—Fidelity requires that an engaged person be true to the other party, avoid paying court to a third person (see 2526), and give the signs of affection that are usual between engaged persons. The relationship between the engaged parties does not give them the right to what is intrinsically evil (e.g., voluntary pollution, proximate danger of consent to sin, continuance in a familiarity which is a proximate occasion of sin), or to what is lawful only to married persons (e.g., intercourse and the liberties pertinent to it). But it does give them the right to manifest their affection by acts indifferent in themselves (e.g., visits which are not private, too frequent, or too prolonged; the decent kisses usual between betrothed lovers on meeting and parting), even though unintentionally pollution may follow (2538). Persons who intend to marry soon should acquaint themselves before marriage and from reliable sources with the fundamental physiological facts of sex, so as to avoid the mistakes which often wreck conjugal happiness, beginning with the honeymoon itself; they should have some money or the prospect of being able to support themselves, and the woman should know how to take care of a home.
(d) At the End of the Engagement.—A formal promise to marry (Canon 1017) imposes the duty of marriage within a reasonable time (i.e., at the appointed date, or, if no date was fixed, at the time when one of the parties reasonably requests it), unless the engagement be broken (e.g., by mutual consent, by a circumstance that makes marriage impossible, such as marriage to a third party or choice of the clerical state; or unnecessary, such as the fulfillment of a resolutory condition, supervening impediment, Papal dispensation given for a just cause); or unless one of the parties has a right not to keep the engagement on account of a notable change in the circumstances, or a breach of faith, or opposition of parents that will make the marriage inadvisable, etc. The obligation to marry is one of justice, and is grave when the contract was bilateral; it is one of fidelity or justice, and grave or light according to the intention of the promisor, when the contract was unilateral (see 1888). There is no action to enforce an engagement, for forced marriages are unwise (Canon 1017, n. 3); and in practice confessors and pastors should not insist on fulfillment of the promise. But damages can be sued for, and the confessor should deny absolution to one who refuses to make just restitution in a case of breach of promise (see 1803). An informal promise to marry (i.e., one invalid naturally or positively) produces no obligation to marry in either forum (see 454); but it does produce a duty of restitution in breach of promise, if there was force, fraud, or deceit.
2629. Conditions for the Signs of Affection between Engaged Persons.—(a) Objectively, these signs must be suited to the condition of merely engaged, not of married persons. Brief and modest kisses are proper for lovers, but greater intimacy, such as long and lone conversations in secluded spots, are wrong.
The chaster the relations between the betrothed, the less occasion for future regrets and recriminations. “Petting” purchases a cheap physical thrill or excitement at the cost of present moral danger for two persons, of the degradation of love to its lowest expression, and of loss of self-respect, with the probable risk of a future ill-fated marital career ending speedily in disillusionment and divorce. It is essentially selfish and unwise.
(b) Subjectively, the signs of affection must not be a proximate occasion of sin; nor may they be accompanied by consent to sin, or be used for the sake of venereal pleasure. Joy at the thought of future marriage intercourse and sensual pleasure in present kisses (2514) are in themselves not sinful, but in practice they are as a rule gravely dangerous. _Motiones carnales, quales sunt erectiones, signa sunt delectationis venereae quando conjuguntur eum pollutione vel proxime praeviis ad eam; sunt signa delectationis mere sensualis, quando amorem sensibilem sequuntur ex motu sanguinis, quin in resolutionem seminis ex se tendant_ (2497 b).
2630. The Duties of Parents and Children.—In addition to the duties that belong to all superiors and subjects (see 2635 sqq.) there are special obligations incumbent on parents and children by reason of the special relationship between them. The duties of the parents are of two kinds.
(a) Duties of Charity.—Parents should give their children special love and special signs of affection, as the order of charity requires (see 1158 sqq.). Hence, those parents sin grievously who hate or curse their children, even the illegitimate or wayward, or who drive the children from home by unkindness.
(b) Duties of Piety.—Parents should, as far as they are able, give their children the honor and help that belongs to members of the family (see 2346 sqq.), though illegitimate children have not the right to dwell in the home of the legitimate children or to share in the family inheritance (see 1803 b). The help owed to children is spiritual and material, and the obligation, which is natural and divine, is most grave (Canon 1113). Spiritual help includes religious and moral training and example (see 867 sqq.); material help includes food, clothing, lodging, medical care, means to learn a necessary trade, art or profession or to enter marriage or take up a suitable state in life, protection and defense. Parents are bound to help their children, at least in necessities, as long as the latter are in need. Sins are committed also against the unborn (e.g., when the pregnant mother does not take care of her health, or when she is ill-treated by her husband) and young infants (e.g., when the child is unnecessarily suckled by strangers and thus exposed to danger, or is placed in a foundling asylum or other institution because the parents are unwilling to be bothered). On the other hand, those parents sin through excess who spoil or “sissify” their children by luxury and idleness, or who are too indulgent to give needed correction and even moderate chastisement.
2631. Compensation of Children.—A child, even though subject to parental authority, seems to have a right to compensation for extraordinary services given his parents, and also to at least a fair commission for gains made in the course of extraordinary services for which he is receiving no compensation. In their wills, after satisfying just debts and expenses, parents should leave their offspring who need it enough to maintain their state in life.
2632. Sex Education of Children.—(a) Necessity.—Some moralists believe that sex education of the young should be indirect. They hold that it is dangerous to speak of venereal matters to the young; that silence itself is to them a lesson of modesty; that the practice of piety and mortification, along with parental watchfulness, will keep them pure; that sufficient knowledge will come at the proper time as God will provide. Others reject this theory as opposed to the tradition of the Church as well as to experience. The defenders of direct sexual education point to the evil of silence: the bad habits contracted and grown strong before their sinfulness is understood, or the scruples and misery into which ignorance will plunge young people entering the crisis of puberty, the false and corrupt ideas with which unavoidably the minds of the innocent will be indoctrinated by immoral companions or physicians, the loss of confidence in parents who have refused important knowledge and advice, and the ruin of innocent lives by seducers which a timely word of warning would have prevented. Hence, there is an invincible ignorance which cannot be removed without direct education, and which is more harmful at least to well-reared children than any evil that may be caused by the education.
(b) Preparation for Direct Education.—Training for purity should be directed both to will and intellect, for knowledge without character is powerless against temptation. Children should be trained from the beginning morally (i.e., they should be kept as far as possible from sources of contamination; should be taught to have implicit confidence in parents and to bring to them their questions and difficulties; should be trained to practise continual mortification and restraint and to struggle against evil tendencies until the habit of self-control becomes a second nature) and religiously (i.e., to use prayer, the Sacraments and other means of grace until they are well formed in piety). This previous moral education and religious conviction will stand on guard as a protection against the suggestions of indulgence which initiation into sex matters may suggest.
(c) The Subject-Matter of Sex Education.—The fundamentals of sex instruction include such points as the diversity of sex, its origin from God and its dignity, the beginning of life in plants and animals, the organs of reproduction, the functions of maternity and paternity, the grave reasons that demand sexual morality, respect for womankind, the great sinfulness of masturbation and fornication, the meaning of puberty and its accompaniments in male and female, the possibility and healthfulness of continence, the moral dangers of the world and the social diseases to be guarded against, and the hygienic aids to chastity.
(d) The Method of Instruction.—It is clear that not all the details just mentioned can be imparted at one time, for young children would not understand or there would be scandal of little ones; but, while fiction and exaggeration should be avoided, a strictly scientific and technical instruction is not necessary or generally advisable. It is clear also that parents, and especially mothers, are naturally suited for the delicate task of early guardians of chastity, though the later instruction should be supplemented in catechism class, sermon, school, and an individual advice given in confession. It would be impossible in brief space to outline sufficiently a program of sex instruction, but parents and persons who are about to marry should read, study and apply some of the excellent books prepared for their guidance.
2633. Duties of Children.—The duties of children to their parents can also be classed under those of charity and piety.
(a) Duties of Charity.—Children owe their parents a special internal and external love (see 1176 sqq.). Those children sin gravely who hate their parents or wish them serious evil, or who treat them with great unkindness or neglect, or bring them great sorrow or worry, or who never visit or write to them.
(b) Duties of Piety.—Children must respect and assist their parents (see 2347, 2348). It is a serious sin to have contempt for one’s parents, or to show them serious dishonor in words (e.g., by injurious or mocking names), in signs (e.g., by laughing at them, mimicking them), in deeds (e.g., by striking them, speaking against them), in omission (e.g., by refusing to acknowledge them or show them the usual marks of courtesy). It is not disrespect, however, for a child to dislike or protest against evils done by his parents. The assistance owed to parents is both spiritual and corporal, and children sin when they neglect the religious welfare of their parents (e.g., by not respectfully admonishing them when the parents do not lead a good life, by not obtaining for them the Sacraments, prayers and suffrages they need), or deny them bodily aid (e.g., by refusing them help or comfort when they are poor, persecuted, or suffering). Children who live at home with their parents should contribute from their earnings or individual property to the maintenance of the home, unless the parents do not need this pay and do not wish it. See Catechism of the Council of Trent, on the Fourth Commandment (pages 408 sqq.).
2634. Duties of Near Relatives.—There are similar duties of charity and piety between other near relatives, for example, between brothers and sisters, grandparents and grandchildren uncles and aunts and their nephews and nieces, and between first cousins. The obligation seems, to some authors, to be a grave one as far as the second degree of kinship, but is light in the other degrees. The relationship and duty to kin by marriage is not so strong.
2635. The Duties of Superiors and Subjects: Duties of Superiors.—Superiors both in domestic and civil society need especially prudence and justice in order to fulfill well their special duties of ruling successfully and lawfully (Jerem., xxiii. 5).
(a) Prudence.—If every individual must use wise deliberation, decision and direction to guide himself aright, much more does a ruler, whether of the home or of the State, need these qualities; and hence it is the prudent servant who is placed over his master’s household (Matt., xxiv. 45), whereas the imprudent ruler brings confusion upon his community (Is., iii. 4 sqq). Parents, guardians, executives, lawmakers and magistrates are, therefore, bound to fit themselves by competent knowledge of their duties. At the minimum, they must know what constitutes the welfare of their circle or community, and how it should be promoted. For this, in positions of subordinate importance, common sense with good will often suffices, but from those who are heads of large organizations much more is expected. A chief who has to direct a great multitude must have unusual ability and unusual knowledge or unusual quickness to learn from study and conference what measures will safeguard the interests of his body and promote the happiness and prosperity of its members (see 1640 sqq.).
(b) Justice.—In their rule superiors must be lovers of the common good; they must decree, judge and govern according to natural justice and the law; in distributions of burdens and favors they must be guided by fairness to all, avoiding partiality, bribery, peculation and every form of political corruption; in discipline they must conscientiously enforce the right; in personal life they must be a model to their subjects, showing themselves moral, religious, truthful, dignified but approachable and patient (not arrogant, stubborn, sensitive, ill-humored or revengeful), given to work and duty rather than to pleasure and display.
2636. Duties of Subjects.—The general duties of subjects to superiors are chiefly honor and obedience (see 2351 sqq.).
(a) Honor.—Honor is owed to superiors on account of their position of authority, which is derived from God, not on account of their personal character, for personally they may be wicked. It is disrespectful even in a democracy to deny them the honorable address, salutation or courtesy which is customary, or to treat them insultingly by word, manner or writing. But it is not disrespectful to disagree with the personal views of a superior or to seek legitimately his removal from office if he is unfit or less fit.
(b) Obedience.—Obedience is owed to superiors and their laws when they strictly command what is not sinful or illegal or outside their authority (see 375 sqq.). Unemancipated children are obliged to obey their parents in all that falls under the parental authority, namely, in what pertains to good morals (e.g., attendance at religious duties, avoidance of bad companions) or the good order of the home (e.g., the hours for meals, the time of retiring, the visitors to be received). But parents have no authority to command fraud or other sin; nor are children under subjection in the matter of taking up a state of life, for this demands liking and fitness, and the command of a superior cannot give liking and fitness. It is a serious sin for parents to force a child to take up religious life or the priesthood, or to marry a certain individual; but a child should yield when his parents are reasonably opposed to his choice of a vocation, as when they need his support, or wish him to test his vocation a little, or know that the person selected for wife will disgrace the family.
2637. Taxes.—Citizens owe the government particularly the tribute of taxation, and in war that of military service. Taxes are contributions exacted by the public authority from subjects for the purpose of defraying public expenses or promoting the public welfare.
(a) Thus, they are contributions, and hence a tax is not to be confused with a payment (e.g., fares for passage on government railroads), or with a fine (e.g., pecuniary penalty for evasion of customs).
(b) They are exacted from subjects (i.e., from citizens), who are subject on account of their persons as being members of the State, and from aliens, who are subject on account of their goods, as receiving privileges of residence, commerce, passage, etc.
2638. Kinds of Taxes.—There are many kinds of taxes, but they can all be reduced to two general categories.
(a) Direct taxes are those collected from the person on whom the burden is ultimately to fall. Examples are poll or personal taxes and property taxes (such as those on general property, incomes or inheritances), for these charges remain an expense of the taxpayer himself.
(b) Indirect taxes are those collected from a person other than the one on whom the burden is ultimately to fall. Examples are duties imposed on outsiders (such as customs or tariffs, duties raised for revenues, protection, etc.), external revenue taxes imposed on certain acts (such as the manufacture or sale of commodities) or occupations (e.g., licenses for trades, sports, etc.). In these the charge falls immediately on the taxpayer, but ultimately on a consumer.
2639. Just Taxes.—Tax laws, like other laws, must be just; that is, they must be made by lawful authority and must promote the common good (see 285). The common good requires that taxes be not imposed except for just reasons, and that there be a fair distribution of the burden.
(a) Just reasons are those of public utility or necessity. A tax would be unjust, if it were levied for unjust or unnecessary purposes.
(b) Fair distribution requires that citizens be assessed according to their ability to pay (sacrifices for the public good, special benefits from the use of a tax fund, etc.).
2640. Obligation to Pay Taxes.—The obligation in conscience of just tax laws is admitted by all Catholic authorities.
(a) The teaching of Scripture is quite clear, since Our Lord, in answer to the question whether it were lawful to pay tribute to Caesar, replied: “Render to Caesar the things that are Caesar’s” (Matt., xxii. 17-21); and St. Paul teaches: “Be subject of necessity, not only for wrath, but also for conscience’ sake. Render therefore to all men their due, tribute to whom tribute is due, custom to whom custom” (Rom., xiii. 5, 6).
(b) Reason too shows the need of obligation in conscience, for, unless these laws oblige thus, the common good will suffer through lack of money needed for public purposes, and some individuals will be unjustly burdened and others unjustly favored.
2641. Quality of the Obligation.—There are various opinions about the quality of the obligation in conscience of taxation laws.
(a) Thus, according to one opinion they oblige in conscience and under sin, that is, as preceptive laws (see 561 sqq.). For the natural law and justice require that the members of society contribute the necessaries to the social body organized for their benefit, or that the people live up to their implicit contract with their government by giving compensation for the services they receive.
(b) According to another opinion tax laws oblige in conscience only under penalty, that is, as penal laws. The arguments for this view are, first, the sufficiency of the penal obligation (i.e., the heavy fines imposed) for the attainment of the laws’ purpose, and, secondly, the common opinion of citizens that they commit no sin by merely evading payment of taxes. Furthermore, it is added that, if these laws were preceptive, conscientious citizens would be under a great disadvantage, for they would be placed in the dilemma of either acting against their conscience and committing sin or of paying more than their due on account of the neglect of tax dues by citizens who are not conscientious.
(c) According to a third opinion distinction has to be made between different cases. Thus, some held that laws on direct taxes are preceptive and laws on indirect taxes merely penal, while others say that the kind of obligation depends on the will of the lawgiver, and that tax laws that are preceptive in one country may be only penal in another. If tax laws are merely penal, there is no obligation of restitution, but there is an obligation of payment and of penalty after sentence.
2642. Obedience to Tax Laws.—Obedience to just laws is owed either from legal justice alone, or also from commutative justice with the burden of restitution. There are various opinions about the case of tax laws.
(a) According to the traditional opinion, the obligation is one of commutative justice, because there is an implicit contract between the government and the people, in virtue of which the former is bound to provide for the safety of the people at home and abroad and to secure those things that are necessary for the common welfare (such as roads, postal service, etc.), while the latter are bound in return to pay the expenses of the government.
(b) According to a recent opinion, the obligation is one of legal justice only, because the imposition of taxes is an exercise of authority by the government, and taxes themselves have the character of a tribute from the part to the whole rather than of a wage or payment. Hence, though he who evades taxes is not held to restitution, he sins against justice, and sins gravely if the matter is considerable.
(c) According to other opinions, tax laws oblige sometimes from legal, sometimes from commutative justice. Thus, some admit that in feudal times there was a contract between the governed and the ruler, and therefore an obligation of commutative justice to give services and taxes; but in modern times they say there is no such contract, and the duties of ruler and subjects rest on natural law and legal justice, not on any compact. Others again distinguish between the obligation before the quota has been determined, which is the duty of legal justice to declare properly the value of one’s property, and the obligation after assessment, which is a duty of commutative justice to pay just tax bills.
2643. The Duty of Exercising the Electoral Franchise.—(a) There is a grave duty of using the privilege granted to citizens of voting in public elections, and especially primaries; for the welfare of the community and the moral, intellectual and physical good of individuals depend on the kind of men who are nominated or chosen to rule, and on the ticket platforms voted for. Hence, those who neglect to vote cooperate negatively with a serious harm (viz., evil in power), or at least with public unconcern about public matters—for example, those who neglect through laziness or indifference to condemn by their vote. A grave inconvenience (e.g., sickness, ostracism, exile, persecution), but not a slight inconvenience (such as loss of time, trouble, ridicule), excuses from the duty; for an affirmative law has exceptions. Neither is there an obligation to vote when an election is a mere formality, as when there is but one candidate or party.
(b) The duty is not one of commutative justice, as the ballot is either a privilege, or a thing commanded by authority, but not a service to which the citizen has bound himself by contract or office. The obligation is, therefore, one of legal justice, arising from the fact that the common weal is everybody’s business and responsibility, especially in a republic. Hence, representatives of the people who by abstention from voting cause a serious damage which they were bound _ex officio_ to prevent, are guilty of commutative injustice and are held to restitution; but a citizen who stays away from the polls sins, and perhaps gravely, against legal justice, though there is no duty of restitution for the damages that result. Moreover, in a general election the vote of one citizen is usually not of decisive influence, and citizens do not make themselves responsible for all the acts of their representatives.
2644. Manner of Voting.—(a) Object.—It is not necessary to vote for the best candidate, provided one votes for a person who is fitted by character, ability, record, experience, etc. for the office, and gives indications, not merely promises, that he will serve the community well. But in certain ecclesiastical elections the voters must take oath beforehand to vote, not only for a worthy candidate, but also for the person whom they honestly think, all things considered, most worthy. In minor offices (such as constable or town clerk) it suffices that the candidate be known as conscientious; but in major offices (such as President, governor, congressman, legislator, or judge) the party principles for which he stands have to be considered chiefly. _Per accidens_, it is lawful to vote for an unworthy candidate when this is necessary to prevent a greater evil, as when the opposing candidate is much worse, or a good ticket cannot be elected unless some less worthy candidates are included.
(b) Purpose.—The end which the voter should have in mind is the good of the public, and hence it is not right to vote for candidates solely or chiefly because they are personal friends, members of one’s own race, organization or religion, or because one wishes to gain favor or escape enmity.
(c) Circumstances.—The voter must avoid all that is contrary to natural law (e.g., selling of votes, repeating, stuffing ballot boxes) or positive law (e.g., state laws require not only citizenship and a period of previous residence, but also other conditions such as registration and freedom from bribery and other election crimes). The opinion that politics is necessarily corrupt, and that all is fair that helps to win, is a false and pernicious doctrine. The conditions for ecclesiastical elections are given in Canons 160 sqq.
2645. Obligation to Seek Office.—A worthy man should run for office in the following case: (a) when the public good calls for his candidacy (e.g., when his election or candidacy will avert serious evils, and there is no one else so available); and (b) there is no grave impediment to his candidacy (such as supremely important private affairs or ill-health that makes it impossible to run).
2646. Duties of Employers and Employees.—Between employers and their domestic servants or workingmen there are general mutual duties as between superiors and subjects, and special mutual duties as between parties to an explicit and implicit contract. Of these latter duties we shall now speak.
2647. Duties of Employers.—(a) Justice.—The labor assigned must not be excessive (e.g., unduly perilous, exhausting, protracted) or injurious (e.g., harmful to religion or morals, an unreasonable impediment to marriage, to cultural opportunity or amusement); the wage paid must be just (i.e., one that will enable the worker to support himself and his family in reasonable comfort) and equitable (i.e., one that rewards special merit and service by pensions or additional compensation); the terms of the contract must be observed (e.g., arbitrary lowering of wages or dismissal are unjust).
(b) Charity.—Liberality should be shown by preference to employees, since they have a special claim on the employ good will. The employer should consider that he is responsible for the spiritual betterment and material improvement of his workers, and should have them in mind when making contributions to religious, educational or special causes, so that his own employees will benefit in particular by his gifts to these worthy causes. Trade schools and insurance against sickness and unemployment are especially deserving of his assistance.
2648. Duties of Employees.—(a) Justice.—Workers are bound to give a fair return in quantity and quality of labor for the pay they receive, and to be loyal to their employer as regards his person, reputation, and property. Hence, it is unjust to loaf or come late or leave early, to turn out work too slowly or of an inferior grade, to damage machinery or property, to waste food or provisions, to act as a household spy or informer, to try to extort what is not due. (For a consideration of the worker’s obligation to join unions see “Catholics in Labor Unions” by Francis J. Connell, C.SS.R., _American Ecclesiastical Review_, Vol. CXVI, no. 6 June, 1947, pp. 422 ff.)
(b) Charity.—Workers should be willing even at the expense of some right or of some slight loss to help an employer who is in grave necessity; for example, it would be uncharitable for farm hands to stop work promptly on time when this will cause a serious damage to the farmer’s crop, or for a cook to leave on her free day when her mistress is very sick and will be left alone.
2649. Labor Disputes between Employers and Employees.—(a) In themselves these disputes are indifferent, as they are a species of industrial war (see 1380 sqq.) or of industrial self-defense (1826 sqq.). If the end, the means and the circumstances are not against right reason, the disputes are lawful or even laudable.
(b) In the concrete, the strike is labor’s chief means for enforcing demands. Since organized labor seeks to equalize the bargaining power between employer and employee, the way to counteract refusal to pay fairly is by a concerted refusal to work, i.e., a strike. A strike may be defined as an organized cessation from work by a group of workers to obtain advantages from an employer. Since an organized strike is a kind of war, moral theologians apply the principles of a just war to determine concretely the morality of a strike.
1) There must be a just reason for the strike. Too little pay, too long hours, brutal treatment, unsafe or unsanitary conditions constitute genuine grievances for what may be called a defensive strike, which presupposes injustice in the part of the employer. On the other hand an ameliorative strike does not presuppose an employer’s injustice, but consists essentially in the worker’s attempt to better conditions, e.g., a better salary, shorter working hours, etc. Such a strike seems to be unlawful if it violates a just work contract in effect at the time of the strike. If no such contract has been made, the ameliorative strike can be lawful, granting a proportionately grave cause; but it is never given unqualified approval owing to the fact that such a strike involves many and grave losses both material and moral to the workers, employer, and community. (See Merkelbach, _Summa Theologiae Moralis_ II, n.556.)
2) The strike must be the last means. Owing to the fact that a strike is a kind of warfare, all other peaceful means should be tried, e.g., arbitration, governmental inquiry boards, injunctions, fact-finding boards etc. The moral principle involved is; if an evil is avoidable but not avoided, it cannot be considered as merely incidental to a good end.
3) The strike would be called by proper authority. The decision to strike should be made by the men themselves freely and Without intimidation. Organized labor must have the backing of a responsible union in its strike, for this is the channel of bargaining or arbitration that the employer must use, and it should be used by the workers also. Accordingly, “wildcat” strikes are unlawful unless the unions have ceased to represent the men and have been repudiated by them.
4) The benefits expected from the strike must compensate for the evils inseparable from it. In this matter not only the worker’s personal gains are to be considered, but also the welfare of others, namely the employers and the public. Thus, in a long-drawn-out strike the economic advantage gained in a small salary increase for the worker can never be proportionate to the financial losses inflicted on the workers themselves in loss of income, on the employers, and particularly on a community which suffers the loss of purchasing power of a number of its members. Many strikes in which the products or services of the workers are necessary to the public (transportation, food distribution, etc.) seem to be more a strike against the community than against an employer; and the harm inflicted on the innocent public is not incidental as it must be in order to be justified. Only extraordinarily grave reasons can justify such strikes.
5) The means employed must be just. The common means are work stoppage, persuasion of other workers to keep the work stopped until the demands are met, and picketing in a peaceful manner. Sabotage and violence against an employer’s person or property constitute unjust means. “Scabs,” or professional strike-breakers, may be prevented from depriving the workers of their jobs to which the workers keep their rights; but violence in defense of this right seems illicit, unless violence is begun by the strike-breakers and the workers are forced to defend themselves.
(c) Kinds of Strike. Thus far the analysis has been concerned with a direct strike. Other kinds of strike demand special consideration.
1) Slow-down strike. Since it does not involve cessation from work, but simply a reduction in production or services while the worker is receiving full pay under contract, the strike seems to be immoral. The striker is not giving the work paid for.
2) Sit-down strikes. Some authors justify these strikes by analogy with an act of self-defense in which the person attacked seizes the weapon from the attacker. The analogy seems defective since the place of work is hardly a weapon. This strike seems to be immoral since it involves an unjust invasion of property rights by way of excluding an owner from the use of his property.
3) Sympathy strikes. There is a great diversity of opinion in this kind of strike. A moderate view distinguishes between strikes of several groups against the same employer and one or several groups against different and unassociated employers. The first kind seems justified, for it is directed against the same unjust employer, and the workers are cooperators to defend the rights of one group against him. In the second case of striking against different employers, the “sympathizers” are striking against a just employer and are violating their work contract which binds in commutative justice. Hence this type of strike seems to be essentially unjust.
(d) The lockout is the employer’s strike. Unwilling to grant the worker’s demand, the employer shuts down his plant, thus terminating employment of both strikers and non-strikers. The same conditions and restrictions that apply to the strike are applicable to lockouts. That the lockout itself is not unjust, but at least morally indifferent, appears to be evident in this, that as workers are not bound to submit to injustice, neither is the employer. He cannot be expected to pay wages when essential employers have quit or stalled production.
(e) A boycott is a mass refusal to patronize a certain business with the effort to persuade others to join in the refusal. Historically it has been used by labor to gain support from the public against an employer or by elements of the public itself to protest some evil practice of a business establishment, e.g., Legion of Decency boycotts of indecent pictures, NODL boycotts of literature, etc. In itself, a boycott is not immoral, since no one is obliged to trade in one place in preference to another and may refuse to trade with persons who are unjust or otherwise immoral. There seems to be no reason also to prevent a person from lawfully persuading others to follow his cause. The principles of a just strike are applicable to the justification of boycotts, and the conditions of a sympathy strike are to be applied to secondary boycotts, i.e., against other firms doing business with a boycotted firm. These other firms are not themselves unjust and should not be made to suffer for the injustice of another. Hence, a very grave cause, co-operation in injustice, for example would be necessary to bring pressure against them.
2650. Is There Any Obligation of Giving Employment?—(a) The State certainly has an obligation in legal justice of offering opportunities of work to those who cannot find it, if the public welfare is compromised by widespread unemployment. Even if only one worker were without work through no fault of his own, the duty of helping him would seem to devolve on the State, since the laborer has a right to work and the State has the duty of promoting the temporal welfare of its subjects when they are unable to provide for themselves.
(b) Employers have a duty of commutative justice to give work to men with whom they have made a contract of labor and not to keep work from men unfairly; hence, arbitrary dismissal or blacklisting is a crime against justice. They should also try to secure other employment for good workers whom they are unable to keep, so as to tide over for the men the slack seasons when some have to be laid off. Industry, organized labor and individuals should interest themselves practically in private movements and plans to remedy unemployment situations, for these are matters that should not be left entirely to the State and charity. Employment and honest wages are in the long run to the advantage of employers as well as of employees, and are therefore good business as well as good morals.
2651. Duties of Certain Professions.—(a) Judges and Lawyers.—The duties of men of the law were discussed already in 1940 sqq. Clients on their part owe their lawyers fair treatment and just compensation for services, while those who have part in a judicial process must give respect to the judge and other officials of the court and due obedience to their directions.
(b) Teachers and Students.—Teachers must make themselves proficient in their matter and in the art of pedagogy; must take care that their teaching is accurate and beneficial; must be steady, punctual, orderly; must give no example or advice but what is good; must be neither too lenient nor too exacting; must preserve discipline in their classes by correcting, punishing, or expelling as need requires; must be just, neither petting nor bullying, and must award honors and averages according to merit. There may be grave harm and sin in denying important academic degrees (such as S.T.M., S.T.D., J.D.C., M.D.) to the worthy or in conferring them on the unworthy. Students on their part owe to their teachers respect and obedience in class matters, to their parents and themselves diligence in study, and to their school avoidance of cheating and of disorderly conduct. In athletics they should not aim at winning for winning’s sake, or playing for playing’s sake, but at the true goal of a sound mind in a sound body. In the selection of preferred studies they should remember that nothing worth while is won without hard work, and that the true objectives of learning are not mere utility, or gain or diversion, but the culture of mind and of spirit.
(c) Physicians, Surgeons, Nurses, and Druggists.—These persons must have sufficient knowledge and skill, and must keep up with the progress of medical science; they must not deny their services or delay to come when there is urgent need; they must give a case diligence proportionate to its seriousness; they must consult in case of doubt, follow the safer opinions, and use the more likely remedies. In his relations with his patient a doctor must be chaste (e.g., avoiding immoral advice or operations, unnecessary psychoanalytic conversations, or bodily exposures); loyal to the confidences received; honest and charitable, not prescribing useless remedies, or overcharging, or refusing service to the poor; mindful of the religious needs of his patients, being not too ready to exempt them from church duties nor slow to remind them when they should send for the priest. Patients on their part should honor the physician, call him in need, obey his directions, and properly compensate him for his services. What is here said of physicians and surgeons is true also of nurses in their duties and capacities. Pharmacists are bound to exercise great care in filling prescriptions; they should not cooperate with abortion or contraception by selling medicines, instruments or appliances to be used for those purposes; they should not sell drugs, dopes, poisons, liquors, etc., forbidden by law.
Question IV
THE SACRAMENTS
2652. In the three Questions that preceded we spoke of the means by which man is sanctified and is enabled to secure supernatural rewards through the merits of his own works; for the virtues make their possessor as well as his acts morally righteous, while through God’s grace the good deeds done for His sake entitle the doer to the crown of eternal life. In the present Question we pass on to consider certain means by which God is honored by man and man is sanctified through the application to his soul of the merits and passion of Christ; for the Sacraments were instituted by Christ both as external acts of religion (2175, 2244) and as most powerful agencies to begin, restore, and increase the life of holiness.
2653. It should be observed, first, that the present work is concerned with Moral Theology; and, secondly, that it must be confined within the limited number of pages which a two-volume production of convenient size necessitates. Hence the reader will understand why in the Question now beginning we speak only of man’s duties in reference to the Sacraments, and omit other points that do not so strictly pertain to Moral. (a) Thus, the nature, institution, number and effects of the Sacraments belong to Dogma, which the authors hope to treat later in a similar work. (b) The administration of the Sacraments, their rites, rubrics, ceremonies are set forth in ritual books and works on liturgy. (c) The legal rights of ministers, canonical requirements on registration, penal and processual legislation in reference to the Sacraments, and like juridical questions are treated fully in commentaries on pertinent sections of the Code.