(b) Probabilism permits one to use contrary probable opinions in different instances (e.g., to use for one will or testament the opinion that informality makes it invalid, and for another will the opinion that informality does not make it invalid); but it does not permit contrary opinions to be used in the same case for one’s advantage (e.g., to use the opinion that an informal will is valid, in order to secure an inheritance, and at the same time to use the opinion that it is invalid, in order to escape the payment of legacies).
(c) Probabilism does not sanction the use of a probable opinion, unless it has been examined without prejudice, and has been honestly judged to be of certain and solid value (see 708 sqq.). Neither does it approve of the conduct of those who put themselves voluntarily in a state of doubt. On the contrary, it considers such conduct as sinful, and as gravely so, if the matter be serious and if this occur frequently. Example; Titus is uncertain whether three hours remain before Communion time, and yet he takes some refreshment, and thus makes it doubtful whether he has the right to receive Communion. The principle that a doubtful law does not oblige will enable Titus to receive Communion, but it does not excuse him from venial sin in putting himself without cause in a state of doubt and in danger of material sin.
730. The charge of a tendency to minimism in spiritual matters is thus answered: Probabilism deals only with what is lawful, not with what is better; it aims to show only what one may do without sin, not what one ought to do in order to become perfect. Hence, it is used when there is question of imposing obligations, or of deciding whether a certain course is lawful; for in these matters one must be kind, lest by exceeding one’s authority one drive others to sin; but it is not used when there is question of giving spiritual advice and direction, for here all should be exhorted to seek after progress in holiness.
731. Compensationism.—Between 1850 and 1880 a number of theologians, feeling that there were serious difficulties against all the systems up to then considered, developed a reformed or restricted Probabilism, which would not be open to the criticisms made against ordinary Probabilism, and yet would have those good qualities that make it preferable to the stricter systems. This new doctrine is called Compensationism, because it permits one to follow a probable opinion against the law only when there is present a sufficient reason to compensate for this course of action.
732. The following rules are, therefore, given as restrictions on the use of Probabilism: (a) the more serious or the more probable the doubtful law, the greater the reason must be to justify one in acting against it; (b) the higher and greater the good to be obtained from the exercise of freedom against a doubtful law, the less the reason that suffices for exercising freedom.
733. Illustrations of the Use of Compensationism.—(a) Titus, a poor man, is in uncertainty, through no fault of his own, about two debts. He thinks it more probable that he owes $10 to Sempronius, and 10 cents to Caius; but he believes it is really probable that he has paid both debts. He foresees that, if he offers the money to Sempronius, he will be subjected to serious quarrels and vexations, or at least that very bad use will be made of the money; while, if he offers to pay Caius, the latter may take some slight offense. He decides that there are proportionate reasons in each case to justify his following the less probable opinion.
(b) Fr. Titus thinks that a penitent is more probably bound to ask pardon of one whom he has offended. But he knows that, if he imposes the obligation, the present good faith of the penitent will be changed to bad faith, and he will refuse to do what is imposed. Fr. Titus decides, therefore, that it will be more profitable for the penitent if the less probable opinion—that there is no obligation—be followed.
734. The two chief arguments for Compensationism, which are also the two chief objections it makes against ordinary Probabilism, are:
(a) The obligation of a law depends on the knowledge one has about it. If one knows that the law exists, there is certain obligation; if one knows that the law does not exist, there is no obligation; if one holds it as probable that the law exists, there is probable obligation. Now, since one may not be excused from obligation unless there is a reason proportionate to the obligation itself (see 495), he who is under probable or more probable obligation must have a graver reason for using freedom than he who is under no obligation (against Probabilism), but he need not have as grave a reason as one who is under a certain obligation (against Probabiliorism). Hence, one may not act against a probable law, unless by so doing there is some good secured that compensates for the danger to which the right of the law is exposed.
(b) It is lawful to perform a good act from which an evil effect will result, only if one has a proportionally grave cause for permitting the evil effect (see 102 sqq.). But he who follows the opinion for liberty against a more probable or equally probable opinion for law, performs an act from which will probably result the evil of a material transgression of law. Therefore, one may not use Probabilism unless by so doing there is some good secured that compensates for the danger of material sin to which one exposes oneself.