(b) Anti-tutiorism, which teaches that the principle given above is true in a few exceptional cases on account of special reasons, but untrue as a rule. The general principle which it substitutes for that of Tutiorism is: “When one is undecided between the safer and the less safe, one may choose the less safe if it is morally certain.”
673. Of two moral judgments that are compared, it must be noted:
(a) that one is safer which departs more from the danger of sin by deciding for the stricter side. Example: In doubt whether a law exists, whether it obliges in a present case, whether its obligation is grave, the safer opinion is that which holds for the affirmative;
(b) that moral judgment is more likely which is supported by stronger arguments. Example: That a law has ceased, or does not apply in a certain case, or does not oblige under sin, is a more likely opinion if the arguments in its favor outweigh those against it.
674. Thus, it may happen that an opinion which is safer is less likely. Example: The opinion that the precept of repentance obliges under pain of new sin from the moment a sin is committed is safer, but less likely than the opposite opinion.
675. Danger of sin is twofold. (a) Danger of formal sin (see 249, 258) is a risk taken which involves, not only that an act may be unlawful, but that the doing of it may be unlawful. Example: Caius eats meat, doubting whether the day is one of abstinence and whether he is obliged to abstain or not. (b) Danger of material sin (see 249, 258) is the danger that an act may be unlawful, not in the concrete or as to its performance, but in the abstract as to itself. Example: Titus is unable to discover whether this is a day of abstinence, but he is of the opinion that it is not. Hence, he takes meat, arguing that, while this may be a violation of the law, he himself is not guilty of sin, since he feels that he has a right to eat meat under the circumstances.
676. Tutiorism.—This system has been condemned by the Church, and with good reason, for the following motives:
(a) If by that which is safer, Tutiorism intends that which is better, it contradicts the Gospel, which distinguishes between counsel and precept (see 364 sqq.), commanding what is good, but only recommending what is better.
(b) If by that which is safer Tutiorism means that which favors law against liberty, it imposes an intolerable yoke on the consciences of men; for, while law obliges only in so far as it is promulgated and known, Tutiorism would bind one to observe, not only what was not known to be obligatory, but what was held to be most probably not obligatory.
677. A modified form of Tutiorism taught: “When one is undecided between the safer and the less safe, one must choose the safer, unless the less safe is most probable.” This system has not been censured by the Church, but Catholic theologians with hardly an exception have rejected it, for the following reasons: