Chapter — Koch–Preuss
Chapter VI: The Law of the Church Concerning Books
- The legislation of the Church concerning books is partly preventive and partly repressive.
- Its underlying principle is stated thus in the new Code: “The Church has the right to demand that the faithful should not publish books which she herself has not previously examined, and also, for a just cause, to forbid books, by whomsoever published.”1
1 C. I. C., can. 1384, § 1.
The laws now in force, both in regard to preventive censorship and the prohibition of books, are contained in Book III, Title XXIII, can. 1384 to 1405, of the Code. All previous legislation is expressly abrogated, but the Index of Forbidden Books, as last edited and published in the year 1900, remains in force.2
2 See infra, pp. 415 sq.
- The laws of both censorship and prohibition affect not only books properly so called,3 but also periodical publications, in fact all published writings, except where the contrary is evident from the text of a law. Hence, generally speaking, this legislation does not apply to manuscripts, type-written or lithographed sheets, etc., unless they are issued in considerable numbers and sold like books; nor does it apply to non-periodical publications of very small size and insignificant content.4
3 H. Noldin, S.J., Summa Theol. Mor., Vol. II, p. 701.
4 C. I. C., can. 1381, § 2; cfr. J. B. Ferreres, Compend. Theol. Mor., Vol. I, pp. 625 sqq.; Noldin, Summa Theol. Mor., Vol. II, pp. 726 sq.
- Though all laws referring to the censorship and prohibition of books may be interpreted leniently, yet, as St. Alphonsus says, in matters of this kind it is ordinarily better to follow the stricter opinion.5
5 A. M. Arregui, S.J., Summarium Theol. Mor., 4th ed., p. 256.
No prohibitive law on this subject ceases to bind except when it would miss its purpose by being obeyed, as when one is obliged to refute a forbidden book and cannot obtain timely permission to read the same. The reason is that such laws are based upon the general presumption that the thing prohibited constitutes a universal danger.6
6 Ibid., p. 256.