Article — Gury-Ballerini, Compendium of Moral Theology (8th ed., 1884)
Article IV. On Game
- Game is a contract by which those playing agree among themselves that the price which they have staked yield to the victor. - Game is threefold: 1. industrial, which is chiefly ruled by the skill of the players, as the game of ball and of disks; 2. aleatory, which chiefly depends on chance; 3. mixed, which partly depends on skill, and partly also on chance, as, for example, the game of cards, at least for the most part.
- Questions. - Q. 1. Whether every species of game recounted is lawful?
Resp. None of the three aforesaid games is illicit of itself, if the due conditions are observed. The reason is that game per se 1. is not repugnant to morals, since it is an honorable recreation; 2. nor to justice, since anyone can transfer ownership of his own goods to whom and in what manner he wishes.
Formerly aleatory games were prohibited to all by Canon law, especially to Clerics; but these laws, with respect to laymen and even with respect to Clerics, have almost gone into desuetude.
- Q. 2. What are the conditions required that game be lawful?
Resp. It is required 1. that the player have free administration of the things which he stakes; 2. that fraud and deceit be absent from the game; 3. that on each side the danger of losing be morally equal; 4. that the game be honorable in itself, and not prohibited by law; 5. that coercion be absent by which someone is induced to play; 6. that an immense sum not be staked, such that the family and creditors could suffer damage from it.
- Q. 3. Whether the victor who is much more skilled in the game, so that he knows certainly beforehand that he will be victor, is bound to restore?
Resp. Affirmatively, much more probably; because the equality required among the players is lacking, and therefore justice is injured. Hence the notably more skilled person ought to withdraw from the game, or remit some advantage to the adversary. - Thus more commonly, against some.
Nevertheless, in practice restitution would not have to be urged if the matter treated were of lesser moment; or also when the adversary, sufficiently forewarned, nevertheless had obstinately wished to play; because then no deception would have intervened.
- Q. 4. Whether the victor in a prohibited game is bound to restore, or the one conquered in the same game to pay?
II. OPINION affirms it, because the contract was valid by natural right, and therefore the conquered person ought to stand by it until he judicially seeks restitution. Each opinion seems probable. Yet St. Lig. n. 890 says the first is more probable.
- Q. 5. Whether it is valid if a great sum of money is staked at one time?
Resp. Affirmatively, per se, more probably, if the required conditions are observed, that is especially if the players are able freely and fully to dispose of their own goods, without detriment to family, creditors, etc.; because the players equally undergo the danger knowingly and willingly, and therefore there is no injustice. But the aforesaid conditions easily fail; and otherwise, even if such game were not against justice, at least it is opposed to honorable conduct; whence a prudent Confessor, by way of satisfaction, if it seems opportune, could enjoin on the penitent victor that he spend some part of the gain for pious uses. - Antoine, c. 11, q. 5. - Bouvier. - Gousset, n. 889.
Nevertheless, since this opinion is not certain, those do not seem to be disturbed in the tribunal of Penance who would not wish to pay a great sum which they had lost. - Thus rightly Gousset, ibid.
- Conclusion. - Although game for the most part is lawful in itself and serves honorable recreation, due moderation in its use is to be commended as greatly as possible, lest it easily be turned aside into detestable abuses. For how many evils proceed from it daily and all too lamentable experience proves! For how many, alas! most wretched youths, and also men of every condition, are seen who, devoted to game, suffer the loss of an entire fortune in a few days or hours, plunge their family into hardships, and themselves wallow in every kind of disgrace! Therefore let Parish Priests and Confessors strive according to their powers to turn away subjects and penitents from fury of playing of this kind, and let them be solicitous lest those refusing to obey be admitted to the Sacraments. - Thus rightly concludes Gousset, n. 891. - See Cases, n. 1021 and following.
END OF THE TREATISE ON CONTRACTS.