(f) It is an ordinance that has been promulgated, that is, brought to the notice of those whom it binds. Hence, a law that has been drawn up but not published as such, is not obligatory even for those who know of its existence. A law becomes obligatory, however, as soon as it has been promulgated, and the presumption then is that the law is known; but he who is inculpably ignorant is not guilty of formal sin if he breaks the law.
286. Division.—According as the immediate lawgiver is God or man, laws are divine or human. Divine laws are threefold: (a) the eternal law is the ordinance of the divine mind which from eternity has directed the motions and actions of all creatures for the common good of the universe; (b) the natural law is the light of man’s reason as an impression and reflection of the eternal law; (c) the positive divine law is that which God of His free will has added to the natural law, viz., the Mosaic law under the Old Testament and the law of the Gospel under the New Testament.
287. Human laws are ecclesiastical or civil according to the authority from which they originate.
288. Collision of Laws.—Not infrequently it happens that opposite laws seem to call for fulfillment at the same time, as, when in case of unjust attack it seems that one is bound to defend oneself and bound not to injure the other party. Hence arises a conflict of obligations and rights. But the difficulty is only apparent; for, since God is a just and wise lawgiver, He does not intend either that one should be held to impossibilities, or that a superior obligation should yield to one that is inferior. Hence, the rule in such cases of apparent collision of laws is:
(a) if a person can recognize which of the two obligations is superior, he is bound to follow that one; (b) if he is unable to discover after careful examination which obligation has the greater claim, and must decide at once, he may decide for the law whose observance seems to him safer; or, if he sees no difference as regards safety, he may decide for either as he wishes. If the decision is wrong, the error is involuntary, and hence not imputable as sin.
289. When the contending precepts belong to different categories of law, the higher law must be followed. (a) The natural law has precedence over the positive law, divine or human. For example, the natural law of self-preservation allowed David to eat the loaves of proposition, a thing forbidden by the positive divine law. The same law of self-preservation allows a starving man to take what does not belong to him according to human laws, if it is necessary for his life. The same law of self-preservation excuses one from assisting at Mass, if one is very ill.
(b) The positive divine law has precedence over human law. Example: The command of Christ to his Apostles to preach His Name was to be obeyed rather than the command of the Sanhedrin to the contrary (Acts, v. 19). (c) The ecclesiastical law has precedence over civil law, for the end of the Church is higher than that of the State, and the Church’s judgment about the means to her end should prevail.
290. The precedence of ecclesiastical over civil law does not mean that the Church has the right to interfere in matters that belong to the jurisdiction of the State, or that the Church should insist on settling every dispute by its own action alone.
(a) A law on matters purely civil and political made by the Church in opposition to a law of the State would not prevail over the latter, for, as the Church admits, “whatever is to be ranged under the civil and political order is rightly subject to the civil authority” (Leo XIII).
(b) A law on matters directly or indirectly spiritual, made by the Church but not necessary to her end, can be made the subject of negotiation or even of compromise by the Church in order to avoid a conflict of laws; in fact, the Church has shown her willingness to make concessions, where possible, for the common peace and happiness.